### Bankruptcy Rules 《破產規則》

48. Hearing of application to set aside
(1) On receipt of an application under rule 47, the court may, if satisfied that no sufficient cause is shown for it, dismiss it without giving notice to the creditor.
(2) Starting with the date on which the application is dismissed, the time limited for compliance with the statutory demand runs again.
(3) If the application is not dismissed under subrule (1), the court shall fix the date, time and place for it to be heard, and shall give at least 7 days’ notice thereof to— (L.N. 150 of 2014)
(a) the debtor or, if the debtor’s application was made by a solicitor acting for him, the solicitor;
(b) the creditor; and
(c) whoever is named in the statutory demand as the person with whom the debtor may enter into communication with reference to the demand (or, if more than one person is so named, the first of them).
(4) On the hearing of the application, the court shall consider the evidence then available to it, and may either summarily determine the application or adjourn it, giving such directions as it thinks appropriate.
(5) The court may grant the application if—
(a) the debtor appears to have a counterclaim, set-off or cross demand which equals or exceeds the amount of the debt or debts specified in the statutory demand;
(b) the debt is disputed on grounds which appear to the court to be substantial;
(c) it appears that the creditor holds some security in respect of the debt claimed by the demand, and either rule 44(5) is not complied with in respect of it, or the court is satisfied that the value of the security equals or exceeds the full amount of the debt; or
(d) the court is satisfied, on other grounds, that the demand ought to be set aside.
(6) Where the creditor holds some security in respect of his debt, and rule 44(5) is complied with in respect of it but the court is satisfied that the security is under-valued in the statutory demand, the creditor may be required to amend the demand accordingly (but without prejudice to his right to present a bankruptcy petition by reference to the original demand).
(7) If the court dismisses the application, it shall make an order authorizing the creditor to present a bankruptcy petition either forthwith, or on or after a date specified in the order.
(8) A copy of the order shall be sent by the applicant forthwith to the creditor.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

50. Description and address of debtor
(1) Where a petition is presented by a debtor, he shall, besides inserting therein his name, description, Hong Kong Identity Card number or passport number and his address at the date when the petition is presented, further describe himself as lately residing or carrying on business at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied. (L.N. 77 of 1998)
(2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor as of his then present address and description, shall in the petition describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred.
(3) A petitioner who is not the debtor shall state the debtor’s Hong Kong Identity Card number or passport number in the petition unless he does not have such information and cannot reasonably obtain it. (L.N. 77 of 1998)

51. Attestation
Every bankruptcy petition shall be attested. If it be attested in Hong Kong, the witness must be a solicitor or the Official Receiver or the Registrar. If it be attested out of Hong Kong, the witness must be a judge or magistrate or a Chinese consular officer or a notary public of the jurisdiction where the attestation takes place.
(L.N. 231 of 1984; L.N. 77 of 1998)

51A. Copies of documents filed in bankruptcy proceedings to be served on Official Receiver
Where a petitioner presents or files at court any document in connexion with any bankruptcy proceedings, he or his solicitor shall, within 24 hours of such presentation or filing, serve a copy of the document presented or filed on the Official Receiver.
(L.N. 272 of 1977)

### Bankruptcy Rules 《破產規則》

52A. Deposits in respect of voluntary arrangements
(1) Unless the applicant is also the nominee, where an application is made for an interim order under section 20A of the Ordinance, the applicant or some other person on his behalf shall, at the time of making the application, deposit with the nominee the sum of $12,150, and such further sum (if any) as the applicant and nominee may agree to or as the court may from time to time direct, to cover the fees, expenses and remuneration to be incurred by the nominee in connection with the work done by him in respect of the voluntary arrangement.
(2) This rule applies whether or not the voluntary arrangement is approved by the creditors.
(L.N. 77 of 1998)

53. Registration of petition in Land Registry
When a petition is filed, the Official Receiver may register a memorial of the petition in the Land Registry against any property registered therein in the name of the debtor or in any alias of his or in his t’ong name, or in the name of any t’ong in which he has any share or interest, or in the name of any spouse of the debtor. This provision shall so far as the nature of the case will admit apply in the case of any person carrying on business in a name or style other than his own.
(8 of 1993 s. 30; L.N. 77 of 1998; 20 of 2002 s. 5)

54. Registration of petition in Land Registry against partner
The Official Receiver may in either of the cases mentioned in rule 133 or 135 register a memorial of the petition in the Land Registry against any property registered in the name or names of any partner or partners in the debtor firm or in any alias of his or theirs or in any t’ong name of his or theirs, or in the name of any t’ong in which he or they has or have any share or interest, or in the name of the spouse of any of them.
(8 of 1993 s. 30; L.N. 77 of 1998; 20 of 2002 s. 5)

55. Security for costs
A petitioning creditor who is resident out of the jurisdiction, or whose estate is vested in a trustee under any law relating to bankruptcy, or against whom a petition is pending under the Ordinance, or who has made default in payment of any costs ordered by any court to be paid by him to the debtor, may be ordered to give security for costs to the debtor.

56. Verification
Every creditor’s petition shall be verified by affidavit, and when it is filed there shall be lodged with it one copy to be sealed and issued to the petitioner.