### Bankruptcy Rules 《破產規則》

25. Examination under section 29
Every application to the court under section 29 of the Ordinance shall be in writing and shall state shortly the grounds upon which the application is made. When the application is made by or on behalf of the trustee or the Official Receiver it need not be verified by affidavit.

26. To whom warrants addressed
A warrant of seizure, or a search warrant, or any other warrant issued under the provisions of the Ordinance, shall be addressed to such officer of the court or to such public officer as the Registrar may direct.

27. Procedure when warrant issued under section 27 of Ordinance
When a debtor is arrested under a warrant issued under section 27 of the Ordinance, he shall be given into the custody of the Commissioner of Correctional Services, who shall produce such debtor before the court as it may from time to time direct, and shall safely keep him until such time as the court otherwise orders; and any books, papers, moneys, goods and chattels in the possession of the debtor, which may be seized, shall forthwith be lodged with the Official Receiver or trustee, as the case may be.
(L.N. 231 of 1984)

28. Procedure when warrant issued under section 29(2) of Ordinance
(1) When a person is apprehended under a warrant issued under section 29(2) of the Ordinance, the officer apprehending him shall forthwith bring him before the court to the end that he may be examined, and if he cannot immediately be brought up for examination or examined the officer shall deliver him into the custody of the Commissioner of Correctional Services and the said Commissioner shall receive him into custody and shall produce him before the court as it may from time to time direct or order, and subject to such direction or order shall safely keep him. (L.N. 231 of 1984)
(2) The officer executing a warrant issued under section 29(2) of the Ordinance shall forthwith, after apprehending the person named in the warrant report to the court the apprehension or delivery into custody, as the case may be, and apply to the court to appoint a day and time for the examination of the person so apprehended, and the court shall thereupon appoint the earliest practicable day for the examination and shall issue its direction or order to the said Commissioner to produce him for examination at a place and time to be mentioned in such direction or order. Notice of any such appointment shall forthwith be given by the Registrar to the Official Receiver, trustee or other person who has applied for the examination or warrant. (G.N.A. 124 of 1955)

29. Application to commit
An application to the court to commit any person for contempt of court shall be supported by affidavit.

### Bankruptcy Rules 《破產規則》

30. Notice and hearing of application
Subject to the provisions of the Ordinance and these rules, upon the filing of an application to commit, the court shall fix a time and place to hear the application, notice whereof shall be personally served on the person sought to be committed, not less than 3 days before the day fixed for the hearing of the application:
Provided that in any case in which the court may think fit, the court may allow substituted service of the notice by advertisement or otherwise, or shorten the length of notice to be given.

31. Service of petition, etc.
When the debtor is not in Hong Kong, or cannot be found, the court may order service on him of the petition or any order made against him, or of any summons issued for his attendance, to be effected within such time and in such manner as it thinks fit.
(G.N.A. 124 of 1955; L.N. 231 of 1984; L.N. 77 of 1998)

32. Regulations as to costs
The regulations as to costs contained in the Schedule shall, subject to these rules, apply to the taxation and allowance of costs and charges in all proceedings under the Ordinance and these rules.

32A. Costs
(1) When awarding costs the court may—
(a) direct that the costs of any matter or application—
(i) shall be taxed and paid as between party and party or as between solicitor and client, on the basis of a common fund in which the client and others are interested; or
(ii) may be allowed as between solicitor and own client; or
(b) fix a sum to be paid in lieu of taxed costs.
(2) Unless the court otherwise directs, the costs of an application to the court which is opposed shall follow the event and shall be taxed as between party and party.
(3) Where—
(a) an action is brought against the Official Receiver or trustee as representing the estate of the debtor; or
(b) the Official Receiver or trustee is made a party to any proceedings on the application of any other party,
the Official Receiver or trustee shall not be personally liable for costs unless the court otherwise directs.
(L.N. 39 of 1976)

33. Solicitor’s costs in case of petition by debtor
The solicitor in the matter of a bankruptcy petition presented by the debtor against himself shall in his bill of costs give credit for such sum or security (if any) as he may have received from the debtor as a deposit on account of the costs and expenses to be incurred in and about the filing and prosecution of such petition, and the amount of any such deposit shall be noted by the taxing officer upon the allocatur issued for such costs.

### Bankruptcy Rules 《破產規則》

34. Certificate of employment
Before taxing the bill or charges of any solicitor, manager, accountant, auctioneer, broker or other person employed by the trustee, the taxing officer shall require a certificate in writing, signed by the trustee, to be produced to him, setting forth whether any, and if so what, special terms of remuneration have been agreed to, and, in the case of the bill of costs of a solicitor, a copy of the resolution or other authority sanctioning the employment.
(L.N. 123 of 2007)

35. Lodgment of bill
(1) The bill or charges shall be lodged with—
(a) (if incurred before the appointment of a trustee) the provisional trustee; or
(b) (if incurred after the appointment of a trustee) the trustee.
(2) The provisional trustee or trustee, as the case may be, shall lodge the bill or charges with the taxing officer.
(L.N. 123 of 2007)

36. Notice of appointment
Where a bill of costs or charges has been lodged with the taxing officer, he shall give notice of appointment to tax the same to the provisional trustee or trustee, and to the person to or by whom the bill or charges is or are to be paid, as the case may be.
(L.N. 123 of 2007)

37. Copy of bill
Every person whose bill or charges is or are to be taxed shall, on the application of either the Official Receiver or the trustee, furnish a copy of his bill or charges so to be taxed. The Official Receiver shall call the attention of the trustee to any items which in his opinion ought to be disallowed or reduced and may attend or be represented on the taxation.

38. Applications for costs
Where any party to or person affected by any proceeding desires to make an application for an order that he be allowed his costs, or any part of them, incident to such proceeding, and such application is not made at the time of the proceeding—
(a) such party or person shall serve notice of his intended application on the trustee;
(b) the trustee may appear on such application and object thereto;
(c) no costs of or incident to such application shall be allowed to the applicant unless the court is satisfied that the application could not have been made at the time of the proceeding.
(L.N. 123 of 2007)