### Bankruptcy Rules 《破產規則》

122K. Replacement of nominee
Where the debtor intends to apply to the court under section 20K(3) of the Ordinance for the nominee to be replaced, he shall give to the nominee at least 7 days’ notice of his application.
(L.N. 77 of 1998)

122L. Consideration of nominee’s report
(1) At the hearing by the court to consider the nominee’s report, any of the persons who have been given notice under rule 122E(4) may appear or be represented.
(2) Rule 122G applies to any order made by the court at the hearing.
(L.N. 77 of 1998)

122M. Summoning of creditors’ meeting
(1) If in his report the nominee states that in his opinion a meeting of creditors should be summoned to consider the debtor’s proposal, the date on which the meeting is to be held shall be not less than 14 days from that on which the nominee’s report is filed in court under rule 122J, nor more than 28 days from that on which that report is considered by the court under rule 122L.
(2) Notices calling the meeting shall be sent by the nominee, at least 14 days before the day fixed for it to be held, to all the creditors specified in the debtor’s statement of affairs, and any other creditors of whom the nominee is otherwise aware.
(3) Each notice sent under this rule shall state the effect of rule 122R(1), (3) and (4); and with it there shall be sent—
(a) a copy of the proposal;
(b) a copy of the statement of affairs or, if the nominee thinks fit, a summary of it (the summary to include a list of the creditors and the amounts of their debts); and
(c) the nominee’s comments on the proposal.
(4) In addition to sending notices under subrule (2), the nominee shall have the notice published in— (L.N. 150 of 2014)
(a) one issue of an English language newspaper; and
(b) one issue of a Chinese language newspaper,
circulated in Hong Kong and such publication shall constitute constructive notice to all the creditors of the debtor.
(L.N. 77 of 1998)

122N. Creditors’ meeting: supplementary
(1) Subject as follows, in fixing the date, time and place for the creditors’ meeting, the nominee shall have regard to the convenience of creditors.
(2) The meeting shall be summoned for commencement between 0930 and 1600 hours on a business day.
(3) With every notice summoning the meeting there shall be sent out forms of proxy.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

122O. Chairman at creditors’ meeting
(1) Subject as follows, the nominee shall be chairman of the creditors’ meeting.
(2) If for any reason the nominee is unable to attend, he may nominate another person to act as chairman in his place; but a person so nominated must be either—
(a) a person who is experienced in insolvency matters; or
(b) an employee of the nominee or his firm who is experienced in insolvency matters.
(L.N. 77 of 1998)

122P. Chairman as proxy-holder
The chairman shall not by virtue of any proxy held by him vote to increase or reduce the amount of the remuneration or expenses of the nominee of the proposed arrangement, unless the proxy specifically directs him to vote in that way.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

122Q. Voting rights
(1) Subject as follows, every creditor who was given notice of the creditors’ meeting is entitled to vote at the meeting or any adjournment of it.
(2) In Case 1, votes are calculated according to the amount of the creditor’s debt as at the date of the bankruptcy order unless the debts are incurred after the making of the bankruptcy order, in which case, the votes of those creditors will be calculated according to the amount of the debt as at the date of the meeting and in Case 2, votes are calculated according to the amount of the debt as at the date of the meeting.
(3) A creditor shall not vote in respect of a debt for an unliquidated amount, or any debt whose value is not ascertained, except where the chairman agrees to put upon the debt an estimated minimum value for the purpose of entitlement to vote.
(4) The chairman has power to admit or reject a creditor’s claim for the purpose of his entitlement to vote, and the power is exercisable with respect to the whole or any part of the claim.
(5) The chairman’s decision on entitlement to vote is subject to appeal to the court by any creditor, or by the debtor.
(6) If the chairman is in doubt whether a creditor’s claim should be admitted or rejected for the purpose of his entitlement to vote, he shall make a note of it and allow the creditor to vote, subject to his vote being subsequently declared invalid if the objection to the claim is sustained.
(7) If on an appeal the chairman’s decision is reversed or varied, or a creditor’s vote is declared invalid, the court may order another meeting to be summoned, or make such other order as it thinks just, but the court’s power to make an order under this subrule is exercisable only if it considers that the matter is such as to give rise to unfair prejudice or a material irregularity. (L.N. 150 of 2014)
(8) An application to the court by way of appeal under this rule against the chairman’s decision shall not be made after the end of the period of 28 days beginning with the day on which the nominee’s report to the court is made under section 20G of the Ordinance.
(9) The chairman is not personally liable for any costs incurred by any person in respect of an appeal under this rule.
(L.N. 77 of 1998)