### Bankruptcy Ordinance 《破產條例》

71A. Extortionate credit transactions
(1) This section applies where a person is adjudged bankrupt who is or has been a party to a transaction for, or involving, the provision to him of credit.
(2) The court may, on the application of the trustee, make an order with respect to the transaction if the transaction is or was extortionate and was not entered into more than 3 years before the commencement of the bankruptcy.
(3) For the purposes of this section a transaction is extortionate if, having regard to the risk accepted by the person providing the credit—
(a) the terms of it are or were such as to require grossly exorbitant payments to be made (whether unconditionally or in certain contingencies) in respect of the provision of the credit; or
(b) it otherwise grossly contravened ordinary principles of fair dealing,

and it shall be presumed, unless the contrary is proved, that a transaction with respect to which an application is made under this section is or, as the case may be, was extortionate.
(4) An order under this section with respect to any transaction may contain such one or more of the following as the court thinks fit—
(a) provision setting aside the whole or part of any obligation created by the transaction;
(b) provision otherwise varying the terms of the transaction or varying the terms on which any security for the purposes of the transaction is held;
(c) provision requiring any person who is or was party to the transaction to pay to the trustee any sums paid to that person, by virtue of the transaction, by the bankrupt;
(d) provision requiring any person to surrender to the trustee any property held by him as security for the purposes of the transaction;
(e) provision directing accounts to be taken between any persons.
(5) Any sums or property required to be paid or surrendered to the trustee in accordance with an order under this section shall be comprised in the bankrupt’s estate.
(Added 76 of 1996 s. 44)

### Bankruptcy Ordinance 《破產條例》

72. Final dividend
(1) When the trustee has realized all the property of the bankrupt, or so much thereof as can be realized without needlessly protracting the trusteeship, he shall declare a final dividend, but before so doing he shall give notice in manner prescribed to the persons whose claims to be creditors have been notified to him, but not established to his satisfaction, that if they do not establish their claims to the satisfaction of the court within a time limited by the notice, he will proceed to make a final dividend without regard to their claims.
(2) After the expiration of the time so limited or if the court on application by any such claimant grants him further time for establishing his claim, then on the expiration of such further time, the property of the bankrupt shall be divided among the creditors who have proved their debts, without regard to the claims of any other persons.
[cf. 1914 c. 59 s. 67 U.K.]

73. No action for dividend
No action for a dividend shall lie against the trustee, but if the trustee refuses to pay any dividend the court may, if it thinks fit, order him to pay it and also to pay out of his own money interest thereon for the time that it is withheld and the costs of the application.
[cf. 1914 c. 59 s. 68 U.K.]

74. Right of bankrupt to surplus
The bankrupt shall be entitled to any surplus remaining after payment in full of his creditors, with interest, as by this Ordinance provided, and of the costs, charges and expenses of the proceedings under the bankruptcy petition.
[cf. 1914 c. 59 s. 69 U.K.]

74A. Interpretation
In this Part and in Schedule 1—
criminal bankruptcy administration petition (刑事破產管理呈請) means a petition under section 112 presented by virtue of Schedule 1;
criminal bankruptcy order (刑事破產令) means an order made under section 84A of the Criminal Procedure Ordinance (Cap. 221);
criminal bankruptcy petition (刑事破產呈請) means a bankruptcy petition presented by virtue of Schedule 1.
(Amended 39 of 1992 s. 2)

### Bankruptcy Ordinance 《破產條例》

74B. Office and functions of Official Petitioner
(1) For the purposes of discharging, in relation to cases in which a criminal bankruptcy order is made, the functions mentioned in subsection (2), there shall be an officer known as the Official Petitioner; and the Secretary for Justice shall, by virtue of his office, be the Official Petitioner. (Amended L.N. 362 of 1997)
(2) The functions of the Official Petitioner shall be—
(a) to consider whether, in a case where a criminal bankruptcy order is made, it is in the public interest that he should himself present a criminal bankruptcy petition;
(b) to present a criminal bankruptcy petition in any such case where he determines it is in the public interest for him to do so;
(c) to make payments, in such cases as he may determine, towards expenses incurred by other persons in connexion with proceedings pursuant to a criminal bankruptcy petition or a criminal bankruptcy administration petition;
(d) to exercise, so far as he considers it to be in the public interest to do so, any of the powers conferred on him by Schedule 1. (Amended 39 of 1992 s. 2)
(3) Neither the Official Petitioner nor any person acting under his authority shall be liable to any action or proceeding in respect of anything done or omitted in the discharge, or purported discharge, of the functions of the Official Petitioner under or by virtue of this Ordinance.
(4) Any functions of the Official Petitioner under this Ordinance may be discharged on his behalf by any person acting with his authority.
[cf. 1972 c. 71 s. 9 U.K.]

74C. Effect of criminal bankruptcy order
Schedule 1 shall apply to give effect to the operation of this Ordinance in a case where a criminal bankruptcy order has been made and to supplement this Ordinance in relation to dispositions made by a person against whom such an order has been made.
(Amended 39 of 1992 s. 2)

### Bankruptcy Ordinance 《破產條例》

75. Appointment of Official Receiver and other officers
(1) The Chief Executive may appoint an Official Receiver and such other officers to hold any of the offices specified in Schedule 2 as may be required to assist the Official Receiver in the performance of his duties. (Amended 18 of 2005 s. 19)
(2) No person shall be appointed Official Receiver or to any of the offices specified in Part I of Schedule 2 unless on the date of such appointment he is qualified to practise as a legal practitioner in Hong Kong, the United Kingdom or in a jurisdiction listed in Schedule 2 to the Legal Officers Ordinance (Cap. 87). (Amended 42 of 2000 s. 21)
(3) The Official Receiver and the holder of an office specified in Part I of Schedule 2 shall be deemed to be legal officers for the purpose of the Legal Officers Ordinance (Cap. 87) and shall have all rights conferred upon legal officers by that Ordinance.
(4) The holder of an office specified in Schedule 2 may, subject to subsection (5) and any instructions of the Official Receiver, exercise the powers or perform the duties of the office of the Official Receiver.
(5) The holder of an office specified in Part II of Schedule 2 shall not exercise any right conferred by subsection (3) on the holder of an office specified in Part I of Schedule 2.
(6) The Official Receiver shall act under the general authority and direction of the Chief Executive and shall also be an officer of the court. (Amended 18 of 2005 s. 19)
(7) The Chief Executive may, by order published in the Gazette, amend Schedule 2. (Amended 18 of 2005 s. 19)
(Replaced 39 of 1992 s. 3)