### Bankruptcy Ordinance 《破產條例》

76. Status of Official Receiver
(1) The duties of the Official Receiver shall have relation both to the conduct of the debtor and to the administration of his estate.
(2) The Official Receiver and the holder of an office specified in Schedule 2 may take any affidavit required by any Ordinance to be made before or produced or delivered to or filed with the Official Receiver or the holder of an office specified in Schedule 2 notwithstanding any Ordinance requiring the taking of such affidavit by or before any other person. (Replaced 39 of 1992 s. 4)
(3) All provisions in this or any other Ordinance referring to the trustee in a bankruptcy shall, unless the context otherwise requires or the Ordinance otherwise provides, include the Official Receiver when acting as trustee.
(4) The trustee shall supply the Official Receiver with such information, and give him such access to and facilities for inspecting the bankrupt’s books and documents, and generally shall give him such aid, as may be requisite for enabling the Official Receiver to perform his duties under this Ordinance.
[cf. 1914 c. 59 s. 72 U.K.]

76A. Transitional provision
(1) Any thing done before the commencement* of the Bankruptcy (Amendment) Ordinance 1992 (39 of 1992) by the Registrar General in the capacity of Official Receiver shall be regarded as having been done by the Official Receiver at the time when the thing was done.
(2) Any document which contains a reference to the Registrar General in the capacity of Official Receiver shall have effect on and after the commencement* of the Bankruptcy (Amendment) Ordinance 1992 (39 of 1992) with the substitution for such reference of a reference to the Official Receiver.
(3) In any legal proceedings pending on the commencement* of the Bankruptcy (Amendment) Ordinance 1992 (39 of 1992) to which the Registrar General in the capacity of Official Receiver is a party, the Official Receiver shall as from such commencement be substituted as a party thereto in lieu of the Registrar General and the proceedings shall continue as if the Official Receiver had always been that party.
(4) In this section, Registrar General (註冊總署署長) means the Registrar General appointed under section 2(1) of the Registrar General (Establishment) Ordinance (Cap. 100)@.
(Added 39 of 1992 s. 5) Editorial Note:

* Commencement date: 1 June 1992.  @ The Registrar General (Establishment) Ordinance (Cap. 100) was repealed by s. 14 of the Registrar General (Establishment) (Transfer of Functions and Repeal) Ordinance (Cap. 439). 

### Bankruptcy Ordinance 《破產條例》

77. Duties of Official Receiver as regards the bankrupt’s conduct
As regards the conduct of a bankrupt, it shall be the duty of the Official Receiver— (Amended 18 of 2005 s. 20)
(a) to consider any report submitted to him under section 86A and take such action on the report as he considers appropriate; (Replaced 18 of 2005 s. 20)
(b) (Repealed 18 of 2005 s. 20)(c) to take such part and give such assistance in relation to the prosecution of any bankrupt as the Secretary for Justice may direct. (Amended L.N. 362 of 1997; 18 of 2005 s. 20)
(Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 20 of 1948 s. 4; 76 of 1996 s. 72)[cf. 1914 c. 59 s. 73 U.K.]

### Bankruptcy Ordinance 《破產條例》

78. Duties of Official Receiver as to bankrupt’s estate
(1) As regards the estate of a bankrupt, it shall be the duty of the Official Receiver— (Amended 76 of 1996 s. 72)
(a) to act as interim trustee if so appointed by the court; (Replaced 18 of 2005 s. 21)
(b)-(e) (Repealed 18 of 2005 s. 21)(f) to advertise the bankruptcy order; (Amended 76 of 1996 ss. 72 & 73)
(g) to act as trustee during any vacancy in the office of trustee. 
(h) (Repealed 18 of 2005 s. 21)(2) For the purpose of his duties as interim trustee, the Official Receiver shall have the same powers as if he were a receiver appointed by the court, but shall, as far as practicable, consult the wishes of the creditors with respect to the management of the bankrupt’s property, and may for that purpose, if he thinks it advisable, summon meetings of the persons claiming to be creditors, and shall not, unless the court otherwise orders, incur any expense beyond such as is requisite for the protection of the bankrupt’s property or the disposing of perishable goods. (Amended 76 of 1996 s. 72)
(3) (Repealed 18 of 2005 s. 21)(Amended 18 of 2005 s. 21)
[cf. 1914 c. 59 s. 74 U.K.]

79. Official name of trustee and provisional trustee
(1) The official name of a provisional trustee shall be “the provisional trustee of the property of a bankrupt” (inserting the name of the bankrupt).
(2) The official name of a trustee shall be “the trustee of the property of a bankrupt” (inserting the name of the bankrupt).
(3) By his official name, a provisional trustee or trustee may do all acts that are required or authorized to be done by him in the execution of his office.
(Replaced 18 of 2005 s. 23)

79A. Disqualification for appointment as trustee
No person being an undischarged bankrupt and no body corporate shall be qualified for appointment to the office of trustee, and—
(a) any appointment made in contravention of this section shall be void; and
(b) where any such person or any body corporate acts as trustee, such person or body corporate shall be liable to a fine at level 2. (Amended E.R. 3 of 2021)
(Added 47 of 1984 s. 11)