Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 9

Creditor's petition and order thereon

(Past version on 30/06/1997).

(1) A creditor's petition shall be verified by affidavit of the creditor or of
some person on his behalf having knowledge of the facts, and shall be served
in the prescribed manner. (Amended 39 of 1987 s. 2)

(2) At the hearing the court shall require proof of the debt of the
petitioning creditor and of the service of the petition, and, if satisfied
with the proof, may make a bankruptcy order in pursuance of the petition.
(Amended 76 of 1996 s. 6)

(3) If the court is not satisfied with the proof of the petitioning creditor's
debt or of the service of the petition, or is satisfied by the debtor that he
is able to pay his debts or has a reasonable prospect of being able to pay
them, or considers that for other sufficient cause no order ought to be made,
the court may dismiss the petition. (Amended 45 of 1986 s.2; 76 of 1996 s. 6)

(4) (Repealed 76 of 1996 s. 6)

(5) Where the debtor appears on the petition and denies that he is indebted to
the petitioner, or that he is indebted to such an amount as would justify the
petitioner in presenting a petition against him, the court, on such security
(if any) being given as the court may require for payment to the petitioner of
any debt which may be established against him in due course of law, and of the
costs of establishing the debt, may, instead of dismissing the petition, stay
all proceedings on the petition for such time as may be required for trial of
the question relating to the debt.

(6) Where proceedings are stayed the court may, if by reason of the delay
caused by the stay of proceedings or for any other cause it thinks just, make
a bankruptcy order on the petition of some other creditor, and shall thereupon
dismiss, on such terms as it thinks just, the petition in which proceedings
have been stayed as aforesaid. (Amended 76 of 1996 s. 6)

(7) (Repealed 76 of 1996 s. 6) [cf. 1914 c. 59 s. 5 U.K.]