### Bankruptcy Ordinance 《破產條例》

112A. Application of Ordinance to small bankruptcies
(1) Subject to subsection (2), where a bankruptcy order is made against a debtor and— (Amended 76 of 1996 s. 60)
(a) the court receives proof to its satisfaction; or
(b) the provisional trustee reports to the court, 
that the property of the debtor is not likely to exceed in value $200,000, the court may make an order that the debtor’s estate be administered in a summary manner, and thereupon the provisions of this Ordinance shall apply subject to the following modifications— (Amended 26 of 1985 s. 3)
(ia) the first meeting of creditors shall be dispensed with; (Replaced 76 of 1996 s. 60)
(i) the provisional trustee shall be the trustee in the bankruptcy; (Amended 76 of 1996 s. 60)
(ii) there shall be no creditors’ committee, and the trustee may do all things which may be done by a trustee with the permission of a creditors’ committee; (Amended 76 of 1996 s. 74)
(iii) such other modifications as may be prescribed with a view to saving expense and simplifying procedure, but nothing in this section shall permit the modification of the provisions of this Ordinance relating to the examination or discharge of the bankrupt. (Amended 76 of 1996 s. 72)
(2) The court may, upon the application of the trustee, at any time before the discharge of the bankrupt rescind an order made under subsection (1) and thereupon the administration shall proceed as if the order had not been made. (Amended 76 of 1996 s. 72)
(Added 1 of 1976 s. 6. Amended 18 of 2005 s. 42)[cf. 1914 c. 47 s. 129 U.K.]

113. Power to make general rules
The Chief Justice may, with the approval of the Legislative Council, make rules providing for, generally, the carrying into effect the objects of this Ordinance.
[cf. 1914 c. 59 s. 132(1) U.K.]

### Bankruptcy Ordinance 《破產條例》

114. Fees and remuneration
(1) The Chief Justice may, with the approval of the Legislative Council, by order prescribe a scale of fees and percentages to be charged for or in respect of proceedings under this Ordinance. (Amended 39 of 1987 s. 4)
(2) The court may remit the payment of any particular fee or fees due from any bankrupt, or any part thereof, either absolutely or on such terms as it may think fit. (Amended 76 of 1996 s. 72)
(3) The amount of any fees prescribed under this section shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred by the Official Receiver in proceedings in bankruptcy or in any particular bankruptcy. (Added 39 of 1987 s. 4)
(4) Orders made under this section may authorize the court to fix any fee or to vary the amount of any fee otherwise prescribed. (Added 39 of 1987 s. 4)
(5) No fee prescribed under this section shall be invalid by reason only of the amount of that fee. (Added 39 of 1987 s. 4)
(6) Fees required to be paid under orders made under this section shall be recoverable as a debt. (Added 39 of 1987 s. 4)
(7) Orders made under this section before the commencement@ of the Bankruptcy (Amendment) Ordinance 1987 (39 of 1987) and in force immediately before such commencement, shall have effect as from the commencement of that Ordinance as if made under this section as amended by that Ordinance. (Added 39 of 1987 s. 4)
[cf. 1914 c. 59 s. 133(1) U.K.] Editorial Note:
@ Commencement date: 3 July 1987.

115. Disposal of Official Receiver’s fees
All fees and commissions received by or payable to the Official Receiver on the appointment of a trustee other than himself or for acting as trustee, and any remuneration received by the Official Receiver as an interim trustee or otherwise, shall be paid by such officer forthwith into the general revenue.
(Amended 47 of 1984 s. 13; 18 of 2005 s. 43)

### Bankruptcy Ordinance 《破產條例》

116. Evidence of proceedings at meetings of creditors
(1) A minute of proceedings at a meeting of creditors under this Ordinance, signed by a person describing himself as or appearing to be chairman of the meeting, shall be received in evidence without further proof.
(2) Until the contrary is proved every meeting of creditors in respect of the proceedings whereof a minute has been so signed shall be deemed to have been duly convened and held and all resolutions passed or proceedings had thereat to have been duly passed or had.
[cf. 1914 c. 59 s. 138 U.K.]

117. Evidence of proceedings in bankruptcy
Any petition or copy of a petition in bankruptcy, any order or certificate or copy of an order or certificate made by the court, any instrument or copy of an instrument, affidavit or document made or used in the course of any bankruptcy proceedings or other proceedings had under this Ordinance shall, if it appears to be sealed with the seal of the court or purports to be signed by the Registrar, or is certified as a true copy by the Registrar, be receivable in evidence in all legal proceedings whatsoever.
[cf. 1914 c. 59 s. 139 U.K.]

118. Swearing of affidavits
Subject to general rules, any affidavit to be used in a bankruptcy court may be sworn before any person authorized to administer oaths, or in the case of a person who is out of Hong Kong, before a person qualified to administer oaths in the country where he resides.
(Amended 47 of 1984 s. 16; 25 of 1998 s. 2)[cf. 1914 c. 59 s. 140 U.K.]

119. Death of debtor or witness
In the case of the death of the bankrupt or his spouse, or of a witness whose evidence has been received by the court in any proceeding under this Ordinance, the deposition of the person so deceased, purporting to be sealed with the seal of the court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to.
(Amended 76 of 1996 ss. 71 & 72)[cf. 1914 c. 59 s. 141 U.K.]

### Bankruptcy Ordinance 《破產條例》

120. Statements made to Official Receiver or trustee through an interpreter
Any statement made by a bankrupt or creditor in any bankruptcy to the Official Receiver or trustee through an interpreter shall be deemed to have been made to the Official Receiver or trustee as the case may be respectively, and evidence thereof shall be receivable from the Official Receiver or trustee, on it being proved either that the interpreter employed was a sworn interpreter or that he held the substantive or acting appointment of interpreter, or of clerk and interpreter, to the Official Receiver.
(Amended 76 of 1996 s. 72)

121. Certificate of appointment of trustee
A certificate of the Official Receiver that a person has been appointed trustee under this Ordinance shall be conclusive evidence of his appointment.
[cf. 1914 c. 59 s. 143 U.K.]