### Bankruptcy Rules 《破產規則》

147. Service
(1) The petition shall, unless the court otherwise directs, be served on each executor who has proved the will or, as the case may be, on each person who has taken out letters of administration or, if there is no personal representative in Hong Kong, on the Official Administrator. The court may also, if the court thinks fit, order the petition to be served on any other person.
(2) Service shall be proved in the same way as in the case of an ordinary creditor’s petition, and the petition shall be heard in the like manner. (G.N.A. 124 of 1955)
(3) Where any executor or administrator or the Official Administrator, as the case may be, intends to show cause against the petition, he shall file with the Official Receiver a notice specifying the grounds on which he intends to show cause and shall transmit by post to the petitioning creditor, or to his solicitor, a copy of the notice, in each case three days before the day on which the petition is to be heard.
(L.N. 231 of 1984)

148. Duties of executor, etc.
(1) When an administration order under section 112 of the Ordinance has been made, it shall be the duty of the executor or legal personal representative of the deceased debtor, or of the Official Administrator, to lodge with the Official Receiver forthwith (in duplicate) an account of the dealings with, and administration of (if any), the deceased’s estate by such executor or legal personal representative or by the Official Administrator, and such executor or legal personal representative or the Official Administrator shall also furnish forthwith in duplicate a list of the creditors and a statement of the assets and liabilities and such other particulars of the affairs of the deceased as may be required by the Official Receiver. Every account, list and statement to be made under this rule shall be made and verified as nearly as may be in accordance with the practice for the time being of the original jurisdiction of the court. (G.N.A. 124 of 1955)
(2) The expense of preparing, making, verifying and lodging any account, list and statement under this rule shall, after being taxed, be allowed out of the estate, upon production of the necessary allocatur.

149. Meetings of creditors, trustees, etc.
In proceedings under an order for the administration of the estate of a person dying insolvent, where a meeting of creditors is summoned for the appointment of a trustee—
(a) the provisions of these rules relating to the mode of summoning a meeting of creditors, and to the persons entitled to vote at a meeting, and
(b) the provisions of these rules which refer to creditors, meetings of creditors, trustees and creditors’ committees,
shall, so far as applicable, apply as if the proceedings were under a bankruptcy order.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

149A. Administration of small bankruptcies
(1) Where the court orders that an estate shall be administered in a summary manner under section 112A of the Ordinance, the provisions of the Ordinance and these rules shall, subject to any special direction of the court, be modified in accordance with subrules (2), (3), (7) and (8). (L.N. 77 of 1998; L.N. 150 of 2014)
(2) On the making of the order the trustee shall forthwith cause notice thereof to be published in the Gazette, but there shall be no advertisement of any subsequent proceedings unless the court otherwise directs. (L.N. 123 of 2007)
(3) The title of every document in the proceedings subsequent to the making of the order shall contain the words “Summary Case”. (E.R. 4 of 2020)
(4)-(6) (Repealed L.N. 77 of 1998)(7) Notices of meetings other than first meetings shall not be sent to creditors whose debts do not exceed $2,000. (L.N. 77 of 1998)
(8) The fees and charges payable to any person under and within the prescribed scale may, unless the Official Receiver otherwise requires, be paid and allowed without reduction or taxation.
(L.N. 39 of 1976; L.N. 143 of 1985)

150. Duties as to bankrupt’s statement of affairs
(1) As soon as a bankruptcy order is made, the trustee shall provide the bankrupt with a form for the preparation of his statement of affairs.
(2) The trustee may hold interviews with the bankrupt for the purpose of investigating the bankrupt’s affairs. (L.N. 123 of 2007)
(3) It shall be the duty of the bankrupt to attend at such times and places as the trustee may appoint.
(L.N. 77 of 1998; L.N. 123 of 2007)

151. Subsistence allowance to bankrupt
Subject to any general or special directions which the court may give, the trustee, while in the possession of the property of a bankrupt, may make him such allowance out of his property for the support of himself and his family as may be just. In fixing the amount of such allowance, the assistance rendered by the bankrupt in the management of his business or affairs may be taken into account.
(L.N. 77 of 1998; L.N. 123 of 2007)

### Bankruptcy Rules 《破產規則》

152. Special report as to person employed to assist bankrupt
Whenever, under the powers given by section 86B of the Ordinance, the trustee employs any person to assist the bankrupt in the preparation of his statement of affairs, the trustee shall report the matter to the court and specify the remuneration to be allowed to such person.
(L.N. 77 of 1998; L.N. 123 of 2007)

153. Use of proxies by deputy
Where the Official Receiver holds any proxies but cannot conveniently attend any meeting of creditors at which such proxy or proxies might be used, he may depute some person under his official control, by writing under his hand, to attend such meeting and use proxies on his behalf and in such manner as he may direct.

155. Removal of special manager
If the court appoints a special manager, the Official Receiver may at any time remove him if his employment seems unnecessary or unprofitable to the estate, and he shall remove him if so required by a special resolution of the creditors.
(L.N. 77 of 1998)

156. Mode of application to court
Applications by the Official Receiver to the court may be made personally, and without notice or other formality, but the court may in any case order that an application may be renewed in a formal manner and that such notice thereof be given to any person likely to be affected thereby as the court may direct.

157. Evidence on application by Official Receiver
Where for the purposes of any application to the court by the Official Receiver for directions, or on his opposing a bankruptcy order or applying to annul a bankruptcy order, or for leave to disclaim a lease, or for an extension of time to apply for leave to disclaim a lease, or for an order to take criminal proceedings against a bankrupt, or to commit a bankrupt, it is necessary that evidence be given by him in support of such opposition or application, such evidence may be given by a report of the Official Receiver to the court and need not be given by affidavit, and any such report of the Official Receiver to the court shall be received by the court as prima facie evidence of the matters reported upon.
(G.N.A. 124 of 1955; L.N. 77 of 1998)

158. Application for directions
In any case of doubt or difficulty or in any matter not provided for by the Ordinance or any rules thereunder relating to any proceeding in court, the Official Receiver may apply to the court for directions.