### Bankruptcy Rules 《破產規則》

131. Public officer or agent of company, etc.
A bankruptcy petition against any debtor of any company or co-partnership duly authorized to sue and be sued in the name of a public officer or agent of such company or co-partnership may be presented by or sued out by such public officer or agent as the nominal petitioner for and on behalf of such company or co-partnership, on such public officer or agent filing an affidavit stating that he is such public officer or agent and that he is authorized to present or sue out such petition.
(L.N. 77 of 1998)

132. Attestation of firm signature
Where any notice, declaration, petition or other document requiring attestation is signed by a firm of creditors or debtors in the firm name, the partner signing for the firm shall add also his own signature e.g. “Brown & Co. by James Green, a partner in the said firm.”.
(E.R. 4 of 2020)

133. Debtor’s petition by firm
Where a firm of debtors file a declaration of inability to pay their debts or a bankruptcy petition, the same shall contain the names in full of the individual partners, and if such declaration or petition is signed in the firm name the declaration or petition shall be accompanied by an affidavit made by the partner who signs the declaration or petition, showing that all the partners concur in the filing of the same:
Provided that the court may dispense with proof of the concurrence of any partner if it has been impracticable to obtain his concurrence in time.

134. Creditor’s petition by firm
A creditor’s petition in the firm name may be presented by any partner of the firm, or in the absence of all the partners from Hong Kong by any person having the control or management of the business of the firm.
(L.N. 231 of 1984)

135. Creditor’s petition against firm
Where a petition is filed against a firm, the petitioning creditor, or if the petitioning creditor is a firm then one of the partners therein, shall state on affidavit the names and addresses of all the partners in the debtor firm to the best of his information and belief.

136. Petition by limited partnership
A limited partnership registered under the Limited Partnerships Ordinance (Cap. 37) may present a petition in bankruptcy as creditors in the name of the firm. The petition shall be signed by a partner or, in the absence of all the partners from Hong Kong, by any person having the control or management of the firm.
(L.N. 231 of 1984)

136A. Petition by limited partnership fund
(1) A limited partnership fund registered under the Limited Partnership Fund Ordinance (Cap. 637) (Ordinance

### Bankruptcy Rules 《破產規則》

137. Statement of affairs
In cases of partnership, the debtors shall submit a statement of their partnership affairs and each debtor shall submit a statement of his separate affairs.

138. General meeting of creditors to appoint trustee
Where a bankruptcy order is made against a firm, the joint and separate creditors may collectively be convened to a general meeting for the purpose of appointing a trustee.
(L.N. 77 of 1998)

139. Acceptance of voluntary arrangements by joint and separate creditors
The joint creditors, and each set of separate creditors, may severally accept voluntary arrangements. So far as circumstances allow, a proposal accepted by joint creditors may be approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be accepted.
(L.N. 77 of 1998)

140. Voting on voluntary arrangements
Where proposals for voluntary arrangements are made by a firm, and by the partners therein individually, the proposal made to the joint creditors shall be considered and voted upon by them apart from every set of separate creditors, and the proposal made to each separate set of creditors shall be considered and voted upon by such separate set of creditors apart from all other creditors. Such proposals may vary in character and amount. Where a voluntary arrangement is approved, the bankruptcy order shall be discharged only so far as it relates to the estate the creditors of which have accepted the voluntary arrangement.
(L.N. 77 of 1998)

141. Bankruptcy order, trustee
Following the making of a bankruptcy order against a partnership, the trustee appointed by the joint creditors, or by the court under section 81(3) of the Ordinance, as the case may be, shall be the trustee of the separate estates. Each set of separate creditors may appoint its own committee of inspection, but, if any set of separate creditors does not appoint a separate committee, the committee (if any) appointed by the joint creditors shall be deemed to have been appointed also by such separate creditors.
(L.N. 77 of 1998; L.N. 123 of 2007)

142. Separate firms
If any 2 or more of the members of a partnership constitute a separate and independent firm, the creditors of such last-mentioned firm shall be deemed to be a separate set of creditors and to be on the same footing as the separate creditors of any individual member of the firm. And where any surplus arises upon the administration of the assets of such separate or independent firm the same shall be carried over to the separate estates of the partners in such separate and independent firm according to their respective rights therein.

### Bankruptcy Rules 《破產規則》

143. Lunatics
(1) Where it appears to the court that any debtor or creditor or other person who may be affected by any proceeding under the Ordinance or rules is a lunatic not so found by inquisition (hereinafter called the lunatic), the court may appoint such person as it may think fit to appear for, represent or act for and in the name of the lunatic, either generally or in and for the purpose of any particular application or proceeding or the exercise of any particular rights or powers which under the Ordinance and rules the lunatic might have exercised if he had been of sound mind. The appointment may be made by the court either on an application made as hereinafter mentioned or, if the court thinks fit so to do, without any previous application.
(2) An application to the court to make an appointment under this rule may be made by any person who has been duly appointed by the court to manage the affairs or property of or to represent the lunatic, or by any relative or friend of the lunatic who may appear to the court to be a proper person to make the application, or by the Official Receiver.
(3) The application may be made ex parte and without notice, but in any case in which the court thinks it desirable the court may require such notice of the application as it thinks necessary to be given to the Official Receiver or trustee (if any) or to the petitioning creditor or to the person alleged to be a lunatic, or to any other person, and for that purpose may adjourn the hearing of the application.
(4) Where the application is made by some person other than the Official Receiver, it shall be supported by an affidavit of a medical practitioner as to the physical and mental condition of the lunatic. Where the application is made by the Official Receiver, it may be supported by a report of the Official Receiver, the contents of which shall be received as prima facie evidence of the facts therein stated.
(5) When a person has been appointed under this rule, any notice under the Ordinance and rules served on or given to such person shall have the same effect as if the notice had been served on or given to the lunatic.

144. Verification of petition
A creditor’s petition, and a petition by the legal personal representative of the deceased, under section 112 of the Ordinance shall be verified by affidavit.

145. Deposit
The provisions of rule 52 as to deposits on presentation of a petition shall apply to petitions presented by a creditor or by a legal personal representative under section 112 of the Ordinance.

146. Gazetting
Where an administration order under section 112 of the Ordinance is made, such order shall be gazetted and advertised in the same manner in all respects as a bankruptcy order is gazetted and advertised.
(L.N. 77 of 1998)