### Bankruptcy Rules 《破產規則》

158A. No expenses to be incurred where no assets
Where a debtor against whom a bankruptcy order has been made has no available assets, the Official Receiver shall not be required to incur any expense in relation to the estate unless the court otherwise directs.
(L.N. 143 of 1985; L.N. 77 of 1998)

159. Accounting by Official Receiver
(1) Where the Official Receiver is the trustee and where a debtor’s proposal is approved by a meeting summoned under section 20E of the Ordinance, the Official Receiver shall account to the nominee when the latter is not the Official Receiver. (L.N. 77 of 1998)
(2) Where a bankruptcy order is made against a debtor and— (L.N. 123 of 2007)
(a) a provisional trustee is appointed under section 12(1A) of the Ordinance, the Official Receiver shall account to the provisional trustee; or
(b) where the Official Receiver remains as the provisional trustee and a trustee other than the Official Receiver is appointed, the Official Receiver shall account to the trustee. (L.N. 77 of 1998)
(3) The provisions of this Part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shall account in such manner as is provided by the Ordinance or as the court may from time to time direct.
(G.N.A. 124 of 1955; L.N. 123 of 2007)

159A. Accounting by provisional trustee
Where—
(a) rule 159(2)(a) applies; and
(b) a person other than the provisional trustee is subsequently appointed as the trustee,
the provisional trustee shall account to the trustee.
(L.N. 123 of 2007)

160. Accounts of bankrupt
The bankrupt shall on the request of the Official Receiver or trustee, as the case may be, provide him with all such accounts and particulars as he may require. If the bankrupt fails to comply with the requirements of this rule, the Official Receiver or trustee, as the case may be, shall report such failure to the court and the court shall take such action on such report as the court may think just.
(L.N. 77 of 1998; L.N. 123 of 2007)

### Bankruptcy Rules 《破產規則》

161. Liability for costs, expenses and damages
(1) Subject to subrules (2) and (3), where proceedings are taken against the Official Receiver in respect of anything done or default made by him when acting, or in the bona fide or reasonable belief that he is acting, in pursuance of the Ordinance or in execution of the powers given to the Official Receiver by the Ordinance, the costs, damages and expenses which the Official Receiver may have to pay, or to which he may be put under such proceedings, shall be paid out of the estate of the debtor and not personally. (L.N. 150 of 2014)
(2) Where such proceedings are commenced before the appointment of a trustee or before a debtor’s proposal is approved by a meeting summoned under section 20E of the Ordinance, the Official Receiver may, before putting the trustee, or the nominee of an approved proposal, in possession of the debtor’s property, retain the whole or some part of the debtor’s estate to meet any costs, expenses or damages which he may incur in consequence of the proceedings. (L.N. 77 of 1998; L.N. 123 of 2007)
(3) Where such proceedings are commenced after the appointment of a trustee, or after the approval of such a proposal, the Official Receiver shall forthwith give notice of such proceedings to the trustee or the nominee and as from the date of the notice the estate shall be charged with the payment of the said costs, expenses and damages. (L.N. 77 of 1998)
(L.N. 39 of 1976)

162. Notice of appointment
(1) On his appointment, a trustee shall forthwith arrange for a notice of his appointment to be gazetted and, if he considers it advisable, he shall also arrange for it to be published in a local newspaper.
(2) The expense of such gazetting and publication shall be borne by the estate.
(L.N. 77 of 1998)

163. Grounds for refusing to appoint
It shall be a sufficient reason for refusing to approve the appointment of a person as trustee that in any other proceedings under the Ordinance such person has either been removed under section 96(2) of the Ordinance from the office of trustee or has failed or neglected, without good cause shown by him, to render his accounts for audit for 2 months after the date by which the same should have been rendered.

### Bankruptcy Rules 《破產規則》

163A. Trustee to provide information to Official Receiver
The Official Receiver may at any time require a trustee to provide him with any information or produce to him any document in connection with the bankruptcy proceedings for which the trustee is appointed, and the trustee shall comply with the requirement within the time specified by the Official Receiver.
(L.N. 123 of 2007)

164. Removal for failing to keep up or increase security
Where a trustee or special manager has given security in the prescribed manner but fails to keep up such security or, if called upon to do so, to increase such security, the court may remove him from his office.

165. Removal by court
Where a trustee is removed by the court, the order removing him shall at once be filed with the proceedings in the matter and shall also be gazetted by the Official Receiver.

166. Notice of resignation
A trustee intending to resign his office shall call a meeting of creditors to consider whether his resignation shall be accepted or not, and shall give not less than 7 days’ notice of the meeting to the Official Receiver.

167. Limit of remuneration
Except as provided by the Ordinance or any rules thereunder, no trustee shall be entitled to receive out of the estate any remuneration for services rendered to the estate except the remuneration to which under the Ordinance and such rules he is entitled as trustee.

168. Trustee carrying on business
(1) Where the trustee or special manager carries on the business of the debtor or bankrupt, he shall keep a distinct account of the trading and shall incorporate in the cash book the total weekly amount of the receipts and payments on such trading account.
(2) The trading account shall from time to time, and not less than once in 3 months, be verified by affidavit and the trustee shall thereupon submit such account to the creditors’ committee (if any), or such member thereof as may be appointed by the committee for that purpose, who shall examine and certify the same.
(L.N. 77 of 1998)

169. Application for release
A trustee before making application to the court for his release shall give notice of his intention so to do to the Official Receiver, to all the creditors of the bankrupt who have proved their debts and to the bankrupt, and shall send with such notice a summary of his receipts and payments as trustee:
Provided that, where such application is made upon the trustee ceasing to act by reason of a proposal having been approved by a meeting summoned under section 20E of the Ordinance, such notice and summary shall be sent to the bankrupt only.(L.N. 77 of 1998)