### Bankruptcy Rules 《破產規則》

111. Production of bills of exchange and promissory notes
Where a creditor seeks to prove in respect of a bill of exchange, promissory note, or other negotiable instrument or security on which the bankrupt is liable, such bill of exchange, note, instrument or security must, subject to any special order of the court made to the contrary, be produced to the chairman of a meeting or trustee, as the case may be, before the proof can be admitted either for voting or for dividend.
(L.N. 77 of 1998; L.N. 123 of 2007)

112. Time for lodging proofs
A proof intended to be used at the first meeting of creditors shall be lodged with the trustee not later than 24 hours before the time appointed for the meeting. A proof intended to be used at an adjournment of the first meeting (if not lodged in time for the first meeting) must be lodged not less than 24 hours before the time appointed for the adjourned meeting.
(L.N. 123 of 2007)

113. Transmission of proofs to trustee
Where a trustee is appointed in any matter, all proofs of debts that have been received by the provisional trustee shall be handed over to the trustee, but the provisional trustee shall first make a list of such proofs and take a receipt thereon from the trustee for such proofs.
(L.N. 123 of 2007)

114. Time for admission or rejection of proofs by trustee
The trustee, not later than 21 days from the latest date specified in the notice of his intention to declare a dividend as the time within which such proofs must be lodged, shall either admit or reject wholly or in part every proof lodged with him or require further evidence in support thereof.
(L.N. 77 of 1998)

115. Time for admission or rejection of proof by trustee
Where the trustee has given notice of his intention to declare a dividend he shall, within 21 days after the date mentioned in such notice as the latest date up to which proofs must be lodged, examine and in writing admit or reject every proof which has not been already admitted or rejected and give notice of his decision rejecting a proof wholly or in part to the creditor affected thereby.
(L.N. 77 of 1998)

115A. Time prescribed under section 34(7A)
The time prescribed under section 34(7A)(i) of the Ordinance is 4 years.
(L.N. 77 of 1998)

116. Notice of admission of proof
Where a creditor’s proof has been admitted, the notice of dividend shall be sufficient notification to such creditor of such admission.

### Bankruptcy Rules 《破產規則》

117. Appeal from rejection of proof
No application to reverse or vary the decision of the trustee in rejecting a proof shall be entertained after the expiration of 21 days from the date of the decision complained of. Notice of appeal shall be given to the trustee upon such application.
(L.N. 123 of 2007)

118. Costs of appeals from decisions as to proofs
The trustee shall in no case be personally liable for costs in relation to an appeal from his decision rejecting any proof wholly or in part.
(L.N. 123 of 2007)

120. Signature of proxy
A proxy given by a creditor shall be deemed to be sufficiently executed if it is signed by any person in the employ of the creditor having a general authority to sign for such creditor, or by the authorized agent of such creditor if resident outside Hong Kong. Such authority shall be in writing and shall be produced to the trustee if required.
(23 of 1998 s. 2; L.N. 123 of 2007)

121. Filling in when creditor blind, etc.
The proxy of a creditor blind or incapable of writing may be accepted if such creditor has attached his signature or mark thereto in the presence of a witness, who shall add to his signature his description and residence, and provided that all insertions in the proxy are in the handwriting of the witness and such witness has certified at the foot of the proxy that all such insertions have been made by him at the request of the creditor and in his presence before he attached his signature or mark.

122. Minors not to be proxies
No person shall be appointed a general or special proxy who is a minor.

122A. Introductory
(1) In this rule and rules 122B to 122ZP—
(a) Case 1 (個案1) refers to a case where the debtor is an undischarged bankrupt;
(b) Case 2 (個案2) refers to a case where the debtor is not an undischarged bankrupt. (E.R. 4 of 2020)
(2) Rules 122A to 122ZP apply where a debtor, with a view to an application for an interim order, makes a proposal to his creditors for a voluntary arrangement, and these rules apply whether or not the debtor is an undischarged bankrupt.
(L.N. 77 of 1998)

122B. Preparation of proposal
The debtor shall prepare for the intended nominee a proposal on which (with or without amendments to be made under rule 122C(3)) to make his report to the court under section 20D of the Ordinance.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

122D. Notice to intended nominee
(1) The debtor shall give to the intended nominee written notice of his proposal.
(2) The notice, accompanied by a copy of the proposal, shall be delivered either to the intended nominee himself, or to a person authorized to take delivery of documents on his behalf.
(3) If the intended nominee agrees to act, he shall cause a copy of the notice to be endorsed to the effect that it has been received by him on a specified date.
(4) The copy of the notice so endorsed shall be returned by the intended nominee forthwith to the debtor at an address specified by him in the notice for that purpose.
(5) Where (in Case 1) the debtor gives notice of his proposal to the Official Receiver and the trustee (if any), the notice must contain the name and address of the person, other than the Official Receiver, who has agreed to act as nominee.
(L.N. 77 of 1998)

122E. Application for interim order
(1) An application to the court for an interim order shall be accompanied by an affidavit of the following matters—
(a) the reasons for making the application;
(b) particulars of any execution or other legal process which, to the debtor’s knowledge, has been commenced against him;
(c) that he is an undischarged bankrupt or (as the case may be) that he is able to petition for his own bankruptcy;
(d) that no previous application for an interim order has been made by or in respect of the debtor in the period of 12 months ending with the date of the affidavit; and
(e) that the nominee under the proposal (naming him), other than the Official Receiver, is a person who is experienced in insolvency matters, and is willing to act in relation to the proposal.
(2) A copy of the notice to the intended nominee under rule 122D, endorsed to the effect that he agrees so to act, and a copy of the debtor’s proposal given to the nominee under that rule shall be exhibited to the affidavit.
(3) On receiving the application and affidavit, the court shall fix the date, time and place for the hearing of the application.
(4) The applicant shall give at least 3 days’ notice of the hearing—
(a) in Case 1, to the bankrupt, the Official Receiver and the trustee (whichever of those 3 is not himself the applicant);
(b) in Case 2, to any creditor who (to the debtor’s knowledge) has presented a bankruptcy petition against him; and
(c) in either case, to the nominee who has agreed to act in relation to the debtor’s proposal.
(L.N. 77 of 1998)