### Bankruptcy Rules 《破產規則》

85. Proceeding after adjournment sine die
Where an examination has been adjourned sine die and the bankrupt desires to have a day appointed for proceeding with his public examination, the expense of gazetting, advertising and giving notice to creditors of the day to be appointed for proceeding with such examination shall, unless the Official Receiver or trustee, as the case may be, consents to the costs being paid out of the estate, be at the cost of the bankrupt, who shall, before any day is appointed for proceeding with the public examination, deposit with the Official Receiver or trustee, as the case may be, such sum as he may specify to the bankrupt that he considers sufficient to defray the expense aforesaid. The balance of the deposit after defraying the expense aforesaid shall be returned to the bankrupt.
(L.N. 77 of 1998; L.N. 123 of 2007)

86. Notice of public examination
In any case in which a public examination has been ordered under section 19(4) of the Ordinance or has been adjourned sine die and the court afterwards makes an order for proceeding with such public examination, the Official Receiver or trustee (whoever makes the application under section 19(1) of the Ordinance) shall— (L.N. 123 of 2007)
(a) send notice of the date, time and place appointed for such public examination to all persons mentioned in section 19(5) of the Ordinance; and
(b) gazette such notice at least 7 days before the day so appointed.
(L.N. 77 of 1998; L.N. 123 of 2007)

### Bankruptcy Rules 《破產規則》

87B. Application
(1) Where an application is made under section 29 of the Ordinance, the application shall be in writing and shall sufficiently identify the person in respect of whom the application is made and shall state whether the person is—
(a) to be ordered to appear before the court;
(b) to answer interrogatories (if so, particulars are to be given of the matters in respect of which answers are required);
(c) to submit affidavits (if so, particulars are to be given of the matters to which he is required to swear); or
(d) to produce books, papers or other records (if so, the items in question are to be specified),
or for any 2 or more of those purposes.
(2) The application shall be made inter partes unless the applicant satisfies the court that the respondent or others may take actions which would prejudicially affect the estate. An application for an order to submit an affidavit shall also be made inter partes unless the applicant satisfies the court that it would likely prejudice the interests of the estate if it were so made.
(3) Where the application is for an order to submit an affidavit and the person appeals against the order, he need not continue with the preparation of the affidavit before the hearing of the appeal unless the Court of First Instance, on application, so orders.
(4) The evidence in support of an application under this rule may be in the form of a report to the court setting out the reasons why an order is needed.
(5) The court may, on application, allow the person in respect of whom the order is made to see all or part of the report provided he satisfies the court that it would be unfair to him not to allow him to see it.
(6) Where the application is for an order to appear before the court, the person in respect of whom the order is made may, but not at the expense of the estate unless the court otherwise orders, employ a solicitor with or without counsel, who may put to him such questions as the court may allow for the purpose of enabling him to explain or qualify any answer given by him, and may make representations on his behalf.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

87C. Costs
(1) Where—
(a) the court has made an order under section 29 of the Ordinance summoning a person before it and it appears to the court that the summoning was made necessary because information had been unjustifiably refused by such person; or
(b) the court makes an order that a person delivers up property to the Official Receiver or trustee or to discharge a debt due to the bankrupt,
the court may order that the costs of the proceedings be paid by that person.
(2) Where a person in respect of whom an order has been made under section 29 of the Ordinance co-operates fully with the Official Receiver or trustee in providing the necessary information, the court may order that that person be paid, out of the bankrupt’s estate, the reasonable costs incurred by him in providing such information.
(L.N. 77 of 1998)

88. Application for suspension of discharge
(1) The following applies where the trustee or one of the bankrupt’s creditors applies to the court for an order under section 30A(3) of the Ordinance.
(2) Where the application is made by—
(a) the Official Receiver, as trustee, he shall with his application file a report; or
(b) a trustee other than the Official Receiver or by a creditor, he shall with his application file an affidavit,
setting out the reasons why it appears to him that such an order should be made.
(3) The court shall fix the date, time and place for the hearing of the application, and give notice of it to the trustee and the bankrupt and, where the applicant is a creditor, to the applicant.
(4) Copies of the applicant’s report or affidavit under this rule shall be sent by him to the bankrupt, and where the applicant is a creditor, to the trustee, so as to reach them at least 21 days before the date fixed for the hearing.
(5) The bankrupt may, not later than 7 days before the date of the hearing, file in court a notice specifying any statements in the applicant’s report or affidavit that he intends to deny or dispute and, where he does so, he shall send copies of it, not less than 4 days before the date of the hearing, to the applicant and, where the applicant is not the trustee, to the trustee.
(6) If on hearing the court makes an order suspending the bankrupt’s discharge, copies of the order shall be sent by the applicant to the bankrupt and, where the applicant is not the trustee, to the trustee.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

89. Lifting of suspension of discharge
(1) Where the court has made an order under section 30A(3) of the Ordinance that the relevant period shall cease to run, the bankrupt may apply to the court for the order to be discharged. (1 of 2016 s. 9)
(2) The court shall fix the date, time and place for the hearing of the application; and the bankrupt shall, not less than 28 days before the date fixed for the hearing, give notice of the venue to the trustee, accompanied in each case by a copy of the application.
(3) The trustee may appear and be heard on the bankrupt’s application; and, whether or not he appears, where the trustee—
(a) is the Official Receiver he may file in court a report; or
(b) is not the Official Receiver he may file an affidavit in court,
setting out any matters which he considers ought to be drawn to the court’s attention.
(4) If a report or affidavit is filed under subrule (3), copies of it shall be sent by the trustee to the bankrupt, not later than 14 days before the hearing. (L.N. 150 of 2014)
(5) The bankrupt may, not later than 7 days before the date of the hearing, file in court a notice specifying any statements in the trustee’s report or affidavit that he intends to deny or dispute and, where he does so, he shall send copies of it, not less than 4 days before the date of the hearing, to the trustee.
(6) If on the bankrupt’s application the court discharges the order under section 30A(3) of the Ordinance (being satisfied that the relevant period should begin to run again), it shall issue to the bankrupt a certificate that it has done so, with effect from a specified date.
(L.N. 77 of 1998)