0% found this document useful (0 votes)
29 views262 pages

Cap 6 Bankrptcy Form Rules

Uploaded by

desmondlliim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
29 views262 pages

Cap 6 Bankrptcy Form Rules

Uploaded by

desmondlliim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 262

Bankruptcy (Forms) Rules

T-2
Cap. 6B

Bankruptcy (Forms) Rules


(Cap. 6 sub. leg. B)

Contents

Rule Page
1. Citation 2
2. Use of forms in Schedule 2
Schedule Forms S-2

Last updated date


29.12.2023
Bankruptcy (Forms) Rules

2
Rule 1 Cap. 6B

Bankruptcy (Forms) Rules


(Cap. 6, section 113)

[1 January 1933]
(Format changes—E.R. 4 of 2020)

1. Citation
These rules may be cited as the Bankruptcy (Forms) Rules.

2. Use of forms in Schedule


(1) Subject to the provisions of paragraph (2), the forms in
the Schedule where applicable, and where they are not
applicable forms of the like character, with such variations as
circumstances may require, shall be used. Where such forms
are applicable, any costs occasioned by the use of any other
or more prolix forms shall be borne by or disallowed to the
party using the same, unless the court otherwise directs.
(2) The Chief Justice may from time to time amend any form
in the Schedule or prescribe any new form. Where the Chief
Justice amends any form or prescribes any new form, such
amended or new form shall be published in the Gazette.

Last updated date


Verified Copy 9.7.2020
Bankruptcy (Forms) Rules

Schedule S-2
Cap. 6B

Schedule

Forms

Index

Form

Accounts:
Affidavit verifying trustee’s account .......................................... 146
Affidavit verifying trustee’s trading account .............................. 149
Affidavit verifying special manager’s account ........................... 151
Certificate by Creditors’ committee as to audit of trustee’s
account .................................................................................... 145
Profit and loss account ................................................................ 148
Statement of accounts under section 88...................................... 150
Transfer from separate estate to joint estate................................ 154
Trustee’s trading account ............................................................ 147

Action:
Order restraining before bankruptcy order ................................. 24

Advertisement:
Memorandum of advertisement................................................... 170
Of day for proceeding with public examination ........................ 54
Of bankruptcy order, etc. ............................................................ 27

Allocatur:
For costs of debtor’s petition ...................................................... 144

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-4
Cap. 6B

Form

Bankruptcy Order:
Application to annul ................................................................... 79
Notice etc..................................................................................... 27
Order annulling ........................................................................... 80
Order on creditor’s petition ........................................................ 26
Order on debtor’s petition .......................................................... 25

Bond on stay of proceedings:


Affidavit of justification .............................................................. 21
Form ............................................................................................ 19
Notice of sureties ........................................................................ 20

Book debts:
Register of assignment of ........................................................... 117

Committal:
Affidavit in support of application for committal of bankrupt
under section 26 or 55 ............................................................ 96
Affidavit of non-compliance with order of court ....................... 104
Affidavit of trustee under section 53(5)...................................... 97
Application by trustee for committal of bankrupt or other
person ...................................................................................... 94
Notice of application for committal under section 110.............. 98
Notice of application for committal under section 26................ 99
Notice of application for committal under section 53(5)............ 100
Order of committal under section 110......................................... 101
Order of committal under section 26.......................................... 102
Order of committal under section 53(5)...................................... 103

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-6
Cap. 6B

Form

Order for discharge from custody on contempt ......................... 106


Order for production of person in prison for examination
before the court ...................................................................... 107
Warrant of committal for contempt ............................................ 105

Debt:
Admission of debt ....................................................................... 113
Order to pay debt ........................................................................ 114

Deceased debtor:
Petition by creditor (section 112) ............................................... 134
Petition by legal personal representative (section 112) ............. 135
Order for administration of estate on petition ............................ 136

Directions:
Application for by trustee ........................................................... 131
Order on application by trustee .................................................. 132

Discharge:
Application by bankrupt under section 30A(7) of the
Bankruptcy Ordinance for lifting a suspension of the
running of the relevant period for discharge ......................... 85
Application for early discharge under section 30B(1) of the
Bankruptcy Ordinance ............................................................ 84
Certificate of discharge ............................................................... 88
Certificate that order suspending discharge has been lifted ...... 87
Notice of intention to object to bankrupt’s discharge under
section 30A(4) of the Bankruptcy Ordinance ........................ 82

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-8
Cap. 6B

Form

Notice to creditors by trustee under section 30A(5) of the


Bankruptcy Ordinance ............................................................ 83
Order of suspension of discharge under section 30A(3) of the
Bankruptcy Ordinance ............................................................ 81
Order of court lifting suspension of discharge ........................... 86

Disclaimer:
Notice of disclaimer without leave of court ............................... 128
Notice of disclaimer with leave of court .................................... 129
Notice to landlord of intention to disclaim lease not sublet or
mortgaged ............................................................................... 123
Notice of intention to disclaim lease sublet or mortgaged ........ 124
Notice by landlord or other person requiring trustee to bring
disclaimer before court ........................................................... 130
Of lease after notice .................................................................... 126
Of lease with leave of court ....................................................... 127
Without notice ............................................................................. 125

Dividend:
Application by creditor for order for trustee to pay and order
thereon .................................................................................... 142
Notice to creditors of intention to declare ................................. 138
Notice to persons claiming to be creditors of intention to
declare final dividend ............................................................. 139
Notice of dividend ...................................................................... 141

Examination:
Shorthand writer, appointment of ............................................... 55
Shorthand writer, declaration by ................................................ 56

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-10
Cap. 6B

Form

Summons under section 29.......................................................... 112

Publication in newspaper:
Substituted service of petition .................................................... 15

Interim trustee:
Application for order thereon ..................................................... 13

Letters, etc.:
Order for re-direction (section 28) ............................................. 111

Meetings:
General meeting:
Affidavit of postage of notices ................................................... 33
Certificate of postage of notices ................................................. 34
List of creditors assembled at ..................................................... 45
Memorandum of adjournment .................................................... 37
Memorandum of proceedings at adjourned general meeting: no
quorum .................................................................................... 38
Notice to creditors of general meeting of creditors ................... 29
Notice to creditors of adjourned meeting ................................... 32
Notice to bankrupt to attend ....................................................... 35

Other meetings:
List of creditors assembled at ..................................................... 45
Memorandum of adjournment .................................................... 37
Notice (general form) ................................................................. 40
Notice of, to appoint new trustee ............................................... 44

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-12
Cap. 6B

Form

Notice to creditors of adjourned meeting ................................... 32


Notice to creditors to remove trustee and to fill vacancy .......... 43
Order of court for general meeting of creditors ......................... 39

Non-commencement Order:
Notice of commencement of relevant period for bankrupt
under section 30AC(3)(a) of Bankruptcy Ordinance ............ 82B
Order for non-commencement of relevant period for bankrupt
under section 30AC(1) of Bankruptcy Ordinance ................. 82A

Petition:
Adjournment of ........................................................................... 22
Affidavit of justification .............................................................. 21
Affidavit of service ..................................................................... 14
Affidavit of truth of statements in petition ................................. 11
Affidavit of truth of statements in joint petition ........................ 12
Allocatur for costs of debtor’s petition ...................................... 144
Bond on stay of proceedings, security, etc. ................................ 19
Creditor’s bankruptcy petition on failure to comply
with a statutory demand for a liquidated sum payable
immediately ............................................................................ 10
Creditor’s bankruptcy petition on failure to comply with a
statutory demand for a liquidated sum payable at a future
date .......................................................................................... 10A
Creditor’s bankruptcy petition where execution or other
process on a judgment has been returned in whole or part ... 10B
Bankruptcy petition for default in connection with voluntary
arrangement ............................................................................ 10C
Creditor’s petition (section 112) ................................................. 134

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-14
Cap. 6B

Form

Criminal bankruptcy petition ...................................................... 10D


Debtor’s bankruptcy petition ...................................................... 3
Dismissal of ................................................................................ 23
Legal personal representative’s petition (section 112) ............... 135
Notice by debtor of intention to oppose .................................... 17
Notice of sureties ........................................................................ 20
Notice in newspaper of substituted service ................................ 15
Order for substituted service ...................................................... 16
Order to stay proceedings on ...................................................... 18

Postage of notices:
Affidavit of (general meeting) .................................................... 33
Certificate of (general meeting) .................................................. 34

Production of documents:
Order under section 30D(1) of the Bankruptcy Ordinance ....... 157
Order under section 30D(3) of the Bankruptcy Ordinance ....... 158
Application for order under section 30D(3) of the Bankruptcy
Ordinance ................................................................................ 159
Application for order under section 30D(1) of the Bankruptcy
Ordinance ................................................................................ 160

Proof:
Affidavit of .................................................................................. 46B
By trustee in prior bankruptcy .................................................... 47
Form of ....................................................................................... 46A
Form of, for debt of employees .................................................. 48

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-16
Cap. 6B

Form

Notice of rejection ...................................................................... 49

Proxies:
General ........................................................................................ 50
Special ......................................................................................... 51

Public examination:
Application by Official Receiver or trustee for order fixing ..... 52
Appointment of shorthand writer ............................................... 55
Declaration by shorthand writer ................................................. 56
Memorandum of ......................................................................... 62
Notes of shorthand writer if appointed ...................................... 57
Notes where shorthand writer not appointed ............................. 58
Notice of day for proceeding with.............................................. 54
Order appointing time for ........................................................... 53
Order of adjournment ................................................................. 59
Order that examination concluded ............................................. 63

Register:
Of assignment of book debts ...................................................... 117

Release:
Application by trustee for ........................................................... 153
Notice to creditors of intention to apply for .............................. 152
Statement to accompany application for release ........................ 137

Request:

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-18
Cap. 6B

Form

To deliver bill for taxation .......................................................... 143

Salary or income:
Notice of application for income payment order (section 43E) . 118
Order for income claimed under section 43E(3)(a) of the
Bankruptcy Ordinance ............................................................ 120
Order for income claimed under section 43E(3)(b) of the
Bankruptcy Ordinance ............................................................ 121

Shorthand writer:
Appointment of ........................................................................... 55
Declaration by ............................................................................. 56

Special manager:
Affidavit by ................................................................................. 151

Statement:
Of affairs for a person who does not carry on business ............ 28A
Of affairs for a person who carries on business ......................... 28B
Statement of Affairs (debtor’s petition) ...................................... 28C
Of accounts under section 88...................................................... 150
To accompany application for release ........................................ 137

Statutory Demand:
Application to set aside a statutory demand .............................. 155
Order setting aside a statutory demand ...................................... 156
Affidavit in support of application to set aside statutory
demand .................................................................................... 161

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-20
Cap. 6B

Form

Statutory Demand—Debt for liquidated sum payable


immediately following a judgment or order of the court ...... 162
Statutory Demand—Debt for liquidated sum payable
immediately ............................................................................ 163
Statutory Demand—Debt payable at future date ....................... 164

Subpoena:
Summons under section 29.......................................................... 112

Taxation:
Allocatur for costs of debtor’s petition ...................................... 144
Request to deliver bill for ........................................................... 143

Title:
General title ................................................................................ 1

Voluntary Arrangement:
Affidavit in support of application for interim order ................. 166
Application for interim order ..................................................... 165
Alternative orders to be made at hearing to consider
chairman’s report .................................................................... 67
Interim order of court under section 20 of the Bankruptcy
Ordinance ................................................................................ 65
Interim order of court under section 20 of the Bankruptcy
Ordinance—One-stage procedure .......................................... 168
Notice to intended nominee ........................................................ 167
Order granting stay pending hearing of application for interim
order ........................................................................................ 64
Order extending effect of interim order ..................................... 66

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-22
Cap. 6B

Form

Proxy (individual voluntary arrangement) ................................. 169

Warrant:
Against debtor about to quit Hong Kong, etc. ........................... 110
Of committal for contempt ......................................................... 105
Of seizure .................................................................................... 109
Order for production for examination of person apprehended
under warrant under section 29............................................... 116
Search warrant ............................................................................ 108
To apprehended persons summoned under section 29................ 115
(L.N. 81 of 1998; L.N. 125 of 2007; 1 of 2016 s. 13; 22 of 2023 s. 53)

Forms
(E.R. 4 of 2020)

Form 1
[rule 7]
General Title

In the Court of First Instance of Hong Kong

In Bankruptcy

No. of .

Re [James Brown].

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-24
Cap. 6B

Ex parte [here insert the Debtor, or J.S., a Creditor, or


the Official Receiver, or the Trustee]
(25 of 1998 s. 2)
_____________

Form 2

(Repealed L.N. 81 of 1998)

_____________

Form 3
[rule 50]
Debtor’s Bankruptcy Petition

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-26
Cap. 6B

(a) Insert I, (a) _______________________________________


full name(s),
address(es), _______________________________________________
occupation, trade _______________________________________________
or profession _______________________________________________
and Hong Kong
Identity Card No. _______________________________________________
(if any) or number ______________________________________________,
and issuing country
of any passport of [also known as (b) ________________________________
debtor. _______________________________________________
(b) Insert in full ______________________________________________]
any other name(s)
by which the
debtor is or has
been known.
(c) Insert [and lately residing at (c) __________________________
former address
or addresses at _______________________________________________
which the debtor _______________________________________________
may have incurred _______________________________________________
debts or liabilities
still unpaid or _______________________________________________
unsatisfied. ______________________________________________]
(d) Insert trading [and carrying on business as (d) _____________________
name (adding
“with another or _______________________________________________
others”, if this _______________________________________________
is so), business _______________________________________________
address and nature
of business. _______________________________________________
_______________________________________________
______________________________________________]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-28
Cap. 6B

(e) Insert any [and lately carrying on business as (e) ________________


former trading
name(s) (adding _______________________________________________
“with another or _______________________________________________
others”, if this _______________________________________________
is so), business
address(es) and _______________________________________________
nature of the _______________________________________________
business in respect
of which the debtor _______________________________________________
may have incurred ______________________________________________]
debts or liabilities
request the court that a bankruptcy order be made against
still unpaid or
unsatisfied. me and say as follows—
1. I am domiciled in Hong Kong/personally
present in Hong Kong on the date of presentation of this
petition/have within 3 years immediately preceding the
(f) Delete as presentation of this petition (f) [resided at] [carried on
applicable. business at] _____________________________________
_______________________________________________
within Hong Kong.
2. I am unable to pay my debts.
3. A statement of my affairs is filed with this
petition.

Dated this day of .

Signature of witness________________

ENDORSEMENT

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-30
Cap. 6B

Complete only if This petition having been presented to the court on


petition not heard ________________ , it is ordered that the petition shall
immediately.
be heard as follows—

Date ___________________________________________
Time _______________________ hours
Place ___________________________________________

Registrar

(L.N. 81 of 1998)
_____________

Forms 4 — 9

(Repealed L.N. 81 of 1998)

_____________

Form 10
[rule 50]
Creditor’s Bankruptcy Petition on Failure to
Comply with a Statutory Demand for a
Liquidated Sum Payable Immediately

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-32
Cap. 6B

(a) Insert full I/We, (a) ___________________________________


name(s) and
address(es) of _______________________________________________
petitioner(s). ______________________________________________,
(b) Insert full petition the court that a bankruptcy order may be made
name, place against (b) ______________________________________
of residence,
occupation (if _______________________________________________
any), Hong Kong _______________________________________________
Identity Card No.
(if any) or number [also known as (c) ________________________________
and issuing country _______________________________________________
of any passport of
______________________________________________]
debtor (if known).
(c) Insert in full [and carrying on business as (d) _____________________
any other name(s)
by which the _______________________________________________
debtor is or has _______________________________________________
been known. _______________________________________________
(d) Insert trading
_______________________________________________
name (adding
“with another or _______________________________________________
others”, if this _______________________________________________
is so), business
address and nature ______________________________________________]
of business. [and lately residing at (e) __________________________
(e) Insert any _______________________________________________
other address
or addresses at _______________________________________________
which the debtor _______________________________________________
has resided at or _______________________________________________
after the time the
petition debt was _______________________________________________
incurred. ______________________________________________]
[and lately carrying on business as (f) ________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-34
Cap. 6B

(f) Give the same _______________________________________________


details as specified
in note (d) above _______________________________________________
for any other ______________________________________________]
businesses which and say as follows—
have been carried
on at or after the
time the petition
1. The debtor is domiciled in Hong Kong/
debt was incurred. personally present in Hong Kong on the date of
presentation of this petition/has within 3 years
(g) Delete as immediately preceding the presentation of this petition (g)
applicable.
[resided at] [carried on business at] __________________
_______________________________________________
within Hong Kong.
(h) Please give 2. The debtor is justly and truly indebted to me[us]
the amount of in the aggregate sum of $(h) _____________.
debt(s), what
they relate to and 3. The above-mentioned debt is for a liquidated
when they were sum payable immediately and the debtor appears to be
incurred. Please
unable to pay it.
show separately
the amount or rate 4. On (i) ________________ a statutory demand
of any interest or was served upon the debtor by (j) __________________
other charge not
in respect of the above-mentioned debt. To the best of
previously notified
to the debtor and my/our knowledge and belief the demand has neither been
the reasons why complied with nor set aside in accordance with the Rules
you are claiming it. and no application to set it aside is outstanding.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-36
Cap. 6B

(i) Insert date (k)


of service of a
statutory demand. 5. I/We do not, nor does any person on my/our
(j) State manner behalf, hold any security on the debtor’s estate, or any
of service of the part thereof, for the payment of the above-mentioned sum.
demand.
(k) If 3 weeks or,
have not elapsed
since service of I/We hold security for the payment of (l) [part of] the
statutory demand
give reasons for
above-mentioned sum. I/We will give up such security for
earlier presentation the benefit of all the creditors in the event of a bankruptcy
of petition. order being made.
(l) Delete as
applicable. or,

I/We hold security for the payment of part of the


above-mentioned sum and I/we estimate the value of such
security to be $ . This petition is not made in
respect of the secured part of my/our debt.

ENDORSEMENT

This petition having been presented to the court on


________________, it is ordered that the petition shall be
heard as follows—

Date ___________________________________________
Time _____________________ hours
Place ___________________________________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-38
Cap. 6B

(m) Insert name and you, the above-named (m) ___________________ are
of debtor. to take notice that if you intend to show cause against the
petition you must file with the Official Receiver a notice
showing the grounds upon which you intend to show
cause, and post a copy of the notice to the petitioner or
his solicitor, in each case 3 days before the day on which
the petition is to be heard.

Registrar

(L.N. 81 of 1998)
_____________

Form 10A
[rule 50]
Creditor’s Bankruptcy Petition on Failure to
Comply with a Statutory Demand for a
Liquidated Sum Payable at a Future Date

(Title)

(a) Insert full I/We, (a) ____________________________________


name(s) and
address(es) of _______________________________________________
petitioner(s). ______________________________________________,

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-40
Cap. 6B

(b) Insert full petition the court that a bankruptcy order may be made
name, place against (b) ______________________________________
of residence,
occupation (if _______________________________________________
any), Hong Kong _______________________________________________
Identity Card No.
(if any) or number [also known as (c) ________________________________
and issuing country_______________________________________________
of any passport of
______________________________________________]
debtor (if known).
[and carrying on business as (d) _____________________
(c) Insert in full
any other name(s) _______________________________________________
by which the _______________________________________________
debtor is or has
been known. _______________________________________________
(d) Insert trading _______________________________________________
name (adding _______________________________________________
“with another or
others”, if this
_______________________________________________
is so), business ______________________________________________]
address and nature [and lately residing at (e) __________________________
of business.
_______________________________________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-42
Cap. 6B

(e) Insert any _______________________________________________


other address
or addresses at _______________________________________________
which the debtor _______________________________________________
has resided at or _______________________________________________
after the time the
petition debt was _______________________________________________
incurred. _______________________________________________
(f) Give the same ______________________________________________]
details as specified
in note (d) above [and lately carrying on business as (f) ________________
for any other _______________________________________________
businesses which
_______________________________________________
have been carried
on at or after the ______________________________________________]
time the petition and say as follows—
debt was incurred.
1. The debtor is domiciled in Hong Kong/
personally present in Hong Kong on the date of
presentation of this petition/has within 3 years
immediately preceding the presentation of this petition (g)
(g) Delete as [resided at] [carried on business at] __________________
applicable. _______________________________________________
within Hong Kong.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-44
Cap. 6B

(h) Please give 2. The debtor is justly and truly indebted to me[us]
the amount of in the aggregate sum of $(h) __________.
debt(s), what
they relate to and 3. The above-mentioned debt is for a liquidated
when they were sum payable on (i) ________________ and the debtor
incurred. Please
appears to have no reasonable prospect of being able to
show separately
the amount or rate pay it.
of any interest or 4. On (j) ________________ a statutory demand
other charge not
was served upon the debtor by (k) _________________ in
previously notified
to the debtor and respect of the above-mentioned debt. To the best of my/
the reasons why our knowledge and belief the demand has neither been
you are claiming it. complied with nor set aside in accordance with the Rules
(i) Insert date and no application to set it aside is outstanding.
or dates when
the debt becomes (l)
payable.
(j) Insert date of
service of statutory 5. I/We do not, nor does any person on my/our
demand. behalf, hold any security on the debtor’s estate, or any
(k) State manner part thereof, for the payment of the above-mentioned sum.
of service of the
demand. or,
(l) If 3 weeks
have not elapsed I/We hold security for the payment of (m) [part of] the
since service of above-mentioned sum. I/We will give up such security for
statutory demand the benefit of all the creditors in the event of a bankruptcy
give reasons for
earlier presentation order being made.
of petition.
or,
(m) Delete as
applicable.
I/We hold security for the payment of part of the
above-mentioned sum and I/we estimate the value of such
security to be $ . This petition is not made in
respect of the secured part of my/our debt.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-46
Cap. 6B

ENDORSEMENT

This petition having been presented to the court on


________________, it is ordered that the petition shall be
heard as follows—

Date ___________________________________________
Time ______________________ hours
Place ___________________________________________
(n) Insert name and you, the above-named (n) ________________ are to
of debtor. take notice that if you intend to show cause against the
petition you must file with the Official Receiver a notice
showing the grounds upon which you intend to show
cause, and post a copy of the notice to the petitioner or
his solicitor, in each case 3 days before the day on which
the petition is to be heard.

Registrar

(L.N. 81 of 1998)
_____________

Form 10B
[rule 50]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-48
Cap. 6B

Creditor’s Bankruptcy Petition Where Execution


or Other Process on a Judgment has been
Return in whole or Part

(Title)

(a) Insert full I/We, (a) ____________________________________


name(s) and
address(es) of ______________________________________________,
petitioner(s). petition the court that a bankruptcy order may be made
(b) Insert full against (b) ______________________________________
name, place _______________________________________________
of residence,
occupation (if _______________________________________________
any), Hong Kong [also known as (c) ________________________________
Identity Card No.
_______________________________________________
(if any) or number
and issuing country ______________________________________________]
of any passport of [and carrying on business as (d) _____________________
debtor (if known).
_______________________________________________
(c) Insert in full
any other name(s) _______________________________________________
by which the _______________________________________________
debtor is or has
been known.
_______________________________________________
(d) Insert trading _______________________________________________
name (adding ______________________________________________]
“with another or [and lately residing at (e) __________________________
others”, if this
is so), business _______________________________________________
address and nature _______________________________________________
of business.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-50
Cap. 6B

(e) Insert any _______________________________________________


other address
or addresses at _______________________________________________
which the debtor ______________________________________________]
has resided at or [and lately carrying on business as (f) ________________
after the time the
petition debt was _______________________________________________
incurred. _______________________________________________
(f) Give the same _______________________________________________
details as specified
in note (d) above _______________________________________________
for any other ______________________________________________]
businesses which
and say as follows—
have been carried
on at or after the
time the petition 1. The debtor is domiciled in Hong Kong/
debt was incurred. personally present in Hong Kong on the date of
(g) Delete as presentation of this petition/has within 3 years
applicable. immediately preceding the presentation of this petition (g)
[resided at] [carried on business at] __________________
_______________________________________________
within Hong Kong.
(h) Please give 2. The debtor is justly and truly indebted to me [us]
the amount of in the aggregate sum of $(h) ____________.
debt(s), what
they relate to and 3. The above mentioned debt is for a liquidated
when they were sum payable immediately and the debtor appears to be
incurred. Please
unable to pay it.
show separately
the amount or rate
of any interest or
other charge not
previously notified
to the debtor and
the reasons why
you are claiming it.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-52
Cap. 6B

(i) Insert date on 4. On (i) ____________ judgment was obtained


which judgment in ____________ Court on an action the short title and
was obtained.
reference to the record whereof is Number __________ in
(j) Insert date of
the sum of $ __________ following which execution was
execution.
issued in the ________________ court in respect of the
debt and on (j) ____________________ the bailiff [made
a return] [endorsed upon the writ a statement] to the effect
that the execution was unsatisfied (g) [as to the whole]
[as to part] and the above-mentioned debt represents the
amount by which the execution was returned unsatisfied.
5. I/We do not, nor does any person on my/our
behalf, hold any security on the debtor’s estate, or any
part thereof, for the payment of the above-mentioned sum.

or,

I/We hold security for the payment of (g) [part of] the
above-mentioned sum. I/We will give up such security for
the benefit of all the creditors in the event of a bankruptcy
order being made.

or,

I/We hold security for the payment of part of the


above-mentioned sum and I/we estimate the value of such
security to be $ . This petition is not made in
respect of the secured part of my/our debt.

ENDORSEMENT

This petition having been presented to the court on


____________ , it is ordered that the petition shall be
heard as follows—

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-54
Cap. 6B

Date ___________________________________________
Time ______________________ hours
Place ___________________________________________
(k) Insert name and you, the above-named (k) __________________ are
of debtor. to take notice that if you intend to show cause against the
petition you must file with the Official Receiver a notice
showing the grounds upon which you intend to show
cause, and post a copy of the notice to the petitioner or
his solicitor, in each case 3 days before the day on which
the petition is to be heard.

Registrar

(L.N. 81 of 1998)
_____________

Form 10C
[rule 50]
Bankruptcy Petition for Default in Connection
with Voluntary Arrangement

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-56
Cap. 6B

(a) Insert full I/We, (a) ____________________________________


name(s) and
address(es) of _______________________________________________
petitioner(s). ______________________________________________,
(b) Insert full petition the court that a bankruptcy order may be made
name, place against (b) ______________________________________
of residence,
occupation (if _______________________________________________
any), Hong Kong _______________________________________________
Identity Card No.
[also known as (c) ________________________________
(if any) or number
and issuing country _______________________________________________
of any passport of ______________________________________________]
debtor (if known).
[and carrying on business as (d) _____________________
(c) Insert in full
any other name(s) _______________________________________________
by which the _______________________________________________
debtor is or has
been known.
_______________________________________________
(d) Insert trading _______________________________________________
name (adding _______________________________________________
“with another or ______________________________________________]
others”, if this
is so), business [and lately residing at (e) __________________________
address and nature _______________________________________________
of business.
_______________________________________________
(e) Insert any
other address _______________________________________________
or addresses at ______________________________________________]
which the debtor
has resided at or
after the time the
petition debt was
incurred.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-58
Cap. 6B

(f) Give the same [and lately carrying on business as (f) ________________
details as specified
in note (d) above _______________________________________________
for any other _______________________________________________
businesses which _______________________________________________
have been carried
on at or after the ______________________________________________]
time the petition and say—
debt was incurred.
(g) Delete as 1. That the debtor has within 3 years immediately
applicable. preceding the presentation of this petition (g) [resided at]
[carried on business at] ____________________________
_______________________________________________
within Hong Kong.
(h) Insert date 2. On (h) __________ a voluntary arrangement
the debtor entered proposed by the debtor was approved by his creditors and
into voluntary
arrangement. I am (g) [a person who is for the time being bound by
the said voluntary arrangement and (i) ______________
(i) Insert name
of nominee. is the nominee] [(i) ______________ the nominee of the
said voluntary arrangement].
(j) Give details 3. (j)
of the default in
connection with
the voluntary Dated this day of .
arrangement, being
the grounds under
section 20L of
the Bankruptcy
Signature of witness ____________________
Ordinance (Chapter
6) upon which the
bankruptcy order is
sought.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-60
Cap. 6B

ENDORSEMENT

This petition having been presented to the court on


______________, it is ordered that the petition shall be
heard as follows—

Date ___________________________________________
Time ____________________ hours
Place ___________________________________________

Registrar

(L.N. 81 of 1998)
_____________

Form 10D
[s. 9 & rule 56]

Criminal bankruptcy petition

In the Court of First Instance


In Bankruptcy

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-62
Cap. 6B

I, the Official Petitioner [or, I, C.D., of ]


(a) Insert name [or, We, C.D., of and E.F.,
and Hong Kong of ], hereby petition the court that a
Identity Card No.
bankruptcy order may be made in respect of the estate of
or number and
issuing country of A.B. (a) of (b)
any passport of and lately residing at [or carrying on business at
debtor. (c) ] and say—
(b) Insert
present address 1. That a criminal bankruptcy order was made
and description of
debtor.
against the said A.B. in the Court on
the day of , and that an office
(c) Insert address
or addresses at copy of the said order is annexed to this petition.
which the debtor
has lately resided 2. That the said order remains in force.
or carried on
business. or,

That the said order was amended by the Court of


Appeal on the day of ; that an
office copy of the order of the Court of Appeal is annexed
to this petition; and that the said order as amended by the
Court of Appeal remains in force.

3. That according to the said criminal bankruptcy


order the said A.B. is indebted to [insert the names of the
persons specified in the order as having suffered loss or
damage] in the aggregate sum of $ [set out the
amount of the loss or damage suffered as specified in the
criminal bankruptcy order].

Dated this day of .

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-64
Cap. 6B

(Signed) Official Petitioner


C.D.
E.F.
(as the case may be)
*Where it is the [Signed by the petitioner*
Official Petitioner
who is the in my presence.]
petitioner, this
attestation is not Signature of witness
required.
Address

Description
NOTE — If there be more than one petitioner, and they do not
sign together, the signature of each must be separately attested, e.g.,
“Signed be the petitioner E.F. in my presence”. If the petition is signed
by a firm, the partner signing should add also his own signature, e.g.,
“A.S. & Co. by J.S., a partner in the said firm”.

_____________

Endorsement

This petition having been presented to the court


on the day of , it is ordered
that this petition shall be heard at on
the day of
, at o’clock in the noon.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-66
Cap. 6B

And you, the said A.B., are to take notice that if


you intend to show cause against the petition you must
file with the Registrar of this Court a notice specifying
the statements which you intend to deny or dispute, and
send by post a copy of the notice to the petitioner and his
solicitor, if known, not later than 3 days before the day
fixed for the hearing.
(L.N. 153 of 1979; L.N. 81 of 1998; 25 of 1998 s. 2)
_____________

Form 11
[s. 9 & rule 56]

Affidavit of truth of statements in petition

(Title)

I, the petitioner named in


the petition hereunto annexed make oath and say—

That the several statements in the said petition are


within my own knowledge true.

Sworn at, etc.


(Signature)

NOTE — If the petitioner cannot depose that the truth of all the
several statements in the petition is within his own knowledge he must
set forth the statements the truth of which he can depose to and file
a further affidavit by some person or persons who can depose to the
truth of the remaining statements.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-68
Cap. 6B

_____________

Form 12
[s. 9 & rule 56]

Affidavit of truth of statements in joint petition

(Title)

We, C.D., E.F., G.H., etc., the petitioners named in


the petition hereunto annexed, severally make oath and
say—

And first I the said C.D. for myself say—

1. That A.B. is justly and truly indebted to me


in the sum of $ as stated in the said before-
mentioned petition.

2. That A.B. has within 3 years before the date


of the presentation of the petition ordinarily resided [or
carried on business] at .

And I the said E.F. for myself say—

3. That A.B. is justly and truly indebted to me


in the sum of $ as stated in the said before-
mentioned petition.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-70
Cap. 6B

And I the said G.H. for myself say—

4. That A.B., is, etc.

C.D.

E.F.

G.H.
Sworn by the deponents C.D., E.F.,
and G.H., etc.

(See note to last form)


(L.N. 81 of 1998)
_____________

Form 13
[s. 13 & rule 61]

Application for interim trustee

(Title)

I, C.D., of, , do, on the


grounds set forth in the annexed affidavit, apply to the
court to appoint the Official Receiver as interim trustee of
the property of the said A.B., and [here insert any special
directions to the interim trustee that may be desired].

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-72
Cap. 6B

Dated this day of .

(Signed) C.D.

________

Order thereon

Upon reading this application and the affidavit


therein referred to, and hearing
it is ordered that upon a deposit of $100 being lodged
by the applicant the Official Receiver be thereupon
constituted interim trustee of the property of the said A.B.,
[here insert nature, short description and locality of the
property, and special directions, if any].

Dated this day of .

Registrar

(G.N.A. 124 of 1955; L.N. 125 of 2007)


_____________

Form 14
[rule 59]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-74
Cap. 6B

Affidavit of service of petition

(Title)

In the matter of a petition dated

I, L.M., of , make oath and say—

1. That I did, on day the day of


, serve the above-mentioned A.B. [or the
partners in the above-mentioned firm of ]
with a copy of the above-mentioned petition, duly
sealed with the seal of the court, by delivering the
same personally to the said A.B. [or C.D., a partner, or
E.F., a person having at the time of service the control
and management of the partnership business there or
of the business carried on under the above-mentioned
name or style] at* [place] before the hour of in
the noon.

2. A sealed copy of the said petition is hereunto


annexed.

Sworn at, etc.

L.M.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-76
Cap. 6B

* NOTE — If the service is effected on a person having at


the time of service the control and management of the partnership
business, the affidavit must, after the description of the place of
service, contain the words “being the principal place of business of the
said .”

_____________

Form 15
[rule 48]
Substituted service of petition
Notice in newspaper

(Title)

In the matter of a bankruptcy petition filed the


day of .

Take notice that a bankruptcy petition has been


presented against you by of
and the court has ordered that the sending
of a sealed copy of the petition together with a sealed
copy of the order for substituted service by registered post
addressed to
and/or the
publication of this notice in the
newspapers [following the terms of the order for
substituted service] shall be deemed to be service of the
(a) Add this in petition upon you; (a) and further take notice that the
case of petition.
said petition will be heard at the court on the day
of at o’clock in the

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-78
Cap. 6B

noon, on which day you are required to appear, and if


you do not appear the court may make a bankruptcy order
against you in your absence.
The petition may be inspected by you on application
at the court.

Dated this day of .


Registrar

To A.B.

(L.N. 81 of 1998)
_____________

Form 16
[rule 48]
Order for substituted service of a petition

(Title)

In the matter of a bankruptcy petition filed the


day of .

Upon the application of an upon


reading the affidavit of
of in the
of .

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-80
Cap. 6B

It is ordered that the sending of a sealed copy


of the above-mentioned petition together with a
sealed copy of this order by registered post addressed
to at
and/or by publication in the newspapers of the
presentation of such petition and the time and place fixed
for hearing the petition shall be deemed to be good and
sufficient service of the said petition on the said
on the day of completing such posting or
publication as aforesaid.
Dated this day of .

Registrar

(L.N. 81 of 1998)
_____________

Form 17
[rule 68]
Notice by debtor of intention to oppose petition

(Title)

In the matter of a bankruptcy petition presented


against me on the day of , by
C.D. of [or and E.F. of , G.H. of ,
etc.]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-82
Cap. 6B

I, the above A.B., do hereby give you notice that


I intend to show cause against the petition and that I
intend to dispute the petitioning creditor’s debt [or to
contend that , or as the case
may be].

Dated this day of .

To the Official Receiver, and to C.D. [petitioning


creditor]
(L.N. 81 of 1998)
_____________

Form 18
[rule 80]
Order to stay proceedings on petition

(Title)

In the matter of a bankruptcy petition against A.B.


of .

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-84
Cap. 6B

Upon the hearing of this petition this day, and the


said A.B. appearing and denying that he is indebted to
the petitioner [where petition presented by more than
one creditor, add the name of the creditor whose debt is
denied] in the sum stated in the petition [or alleging that
he is indebted to the petitioner in a sum of a less amount
than $10,000, or alleging that he is indebted to C.D.,
one of the petitioners, in a sum less than the sum stated
to be due from him in the petition] it is ordered that the
said A.B. shall within days enter into a bond
in the penal sum of [ the amount of the alleged debt and
probable costs, or such other sum as the court may direct]
with such 2 sufficient sureties as the court shall approve
to pay [or deposit with the Official Receiver the sum of
as security for the payment of] such sum or
sums as shall be recovered against the said A.B. by C.D.
the petitioner [or one of the petitioners] in any proceeding
taken or continued by him against the said A.B., together
with such costs as shall be given by the court.

And it is further ordered that, upon the said A.B.


entering into the bond aforesaid, all proceedings on this
petition shall be stayed until after the court shall have
come to a decision on the proceedings.

Dated this day of .

Registrar

(G.N.A. 124 of 1955; L.N. 81 of 1998)


_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-86
Cap. 6B

Form 19
[rules 13 & 80]
Bond on stay of proceedings, security, etc.

(Title)

Know all men by these presents, that we, A.B. of etc.


and C.D. of etc. and E.F. of etc. are jointly and severally
held and firmly bound to L.M. of etc. in dollars
to be paid to the said L.M., or his certain attorney,
executors, administrators or assigns, for which payment
to be made we bind ourselves and each and every of us,
our and each of our heirs, executors and administrators,
jointly and severally, firmly by these presents.
Sealed with our seals, and dated this day
of .

Whereas a bankruptcy petition against the said A.B.


having been presented to the court he did appear at the
hearing of the said petition and deny that he was indebted
to the petitioner [or to one or more of the petitioners], [or
allege that he was indebted to the petitioner in the sum of
dollars only or as the case may be].

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-88
Cap. 6B

Now, therefore, the condition of this obligation is


such that if the above-bounden A.B., or the said C.D.
or E.F., shall on demand well and truly pay or cause
to be paid to L.M., his attorney or agent, such sum or
sums as shall be recovered against the said A.B. by any
proceedings taken or continued within 21 days from
the date hereof in any competent court by the said L.M.
for the payment of the debt claimed by him in the said
petition, together with such costs as shall be given to the
said L.M. by such court [or whatever the condition of the
bond is] this obligation shall be void, otherwise it shall
remain in full force.

A.B. (L.S.)

C.D. (L.S.)

E.F. (L.S.)
Signed, sealed and delivered by the above-bounden
in the presence of

NOTE — If a deposit of money be made the memorandum


should follow the terms of the conditions of the bond. This form may
be adapted to other cases.

(L.N. 125 of 2007; 17 of 2018 s. 36)


_____________

Form 20
[rule 18]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-90
Cap. 6B

Notice of sureties

(Title)

In the matter of a bankruptcy petition of

Take notice that the sureties whom I propose as my


security in the above matter [here state the proceeding
which has rendered the sureties necessary] are [here state
the full names and descriptions of the sureties and their
residences for the last 6 months, therein mentioning the
district or city, places, streets and numbers, if any].

Dated this day of .

(Signature)

To the Registrar
and to L.M. of
(L.N. 81 of 1998)
_____________

Form 21
[rule 19]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-92
Cap. 6B

Affidavit of justification

(Title)

In the matter of a bankruptcy petition against A.B.


of .

I, E.F., of , one of the sureties for


make oath and say—

1. That I am a householder [or as the case may


be], residing
[describing particularly the street or
place and the number of the house, if any].

2. That I am worth property to the amount of $


[the amount required] over and above what will
pay my just debts [if security in any other action or for
any other purpose, add and every other sum for which I
am now security].

3. That I am not bail or security in any other


matter, action or proceedings, or for any other person [or
if security in any other action or actions, add except for
C.D., at the suit of E.F., in the Court of First Instance in
the sum of $ ; for G.H., at the suit of I.K., in the
Court of First Instance in the sum of $ specifying
the several actions or matters, and courts, and the sums
in which he has become bound].

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-94
Cap. 6B

4. That my property, to the amount of the said sum


of $ [and if security in any other action, etc. over
and above all other sums for which I am now security as
aforesaid], consists of [here specify the nature and value
of the property in respect of which the deponent proposes
to become bondsman as follows, stock in trade, in my
business of carried on
by me at of the value of $ of good
book debts owing to me to the amount of $ , of
furniture in my house at of
the value of $ , of leasehold property of the
value of $ , situate at ,
or of other property, particularizing each description of
property, with the value thereof].

5. That I have for the last 6 months resided at


[describing the place of such residence, or if
he has had more than one residence during that period,
state in the same manner as above directed].

Sworn at, etc.

E.F.

(G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2)


_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-96
Cap. 6B

Form 22

Adjournment of petition

(Title)

Upon the hearing of the petition this day, and


hearing for the petitioner and
for the debtor and the Official Receiver, and reading
it is ordered that the further hearing of this
petition be adjourned until the day of
, at o’clock in the noon.

Dated this day of .

Registrar
_____________

Form 23

Dismissal of petition

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-98
Cap. 6B

In the matter of a bankruptcy petition filed the [date].


Upon the hearing of this petition this day, and upon
reading and hearing
and the Official Receiver it is ordered that this petition be
dismissed [and that the petitioner do pay to the said A.B.
the taxed costs thereof].

Dated this day of .

Registrar

_____________

Form 24

Order restraining action, etc. before bankruptcy


order

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-100
Cap. 6B

Upon the application of and upon reading


it is ordered that L.M.
of shall be restrained from taking any
further proceedings in the action brought by him [or upon
the judgment recovered or obtained by him] against the
said A.B. in [here state the number of the action] [or it
is ordered that the proceedings in the action (or suit)
brought by him against the said A.B. in (here state the
number of the action) may be proceeded with on (here
insert the terms fixed by the court)].

Dated this day of .

Registrar

(L.N. 81 of 1998)
_____________

Form 25
[s. 12 & rule 72A(3)]

Bankruptcy order on debtor’s petition

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-102
Cap. 6B

On the petition of the debtor himself, filed the


day of , , a bankruptcy
order is hereby made against A.B. [insert name, addresses
and descriptions of debtor as set out in petition], and the
Official Receiver hereby becomes the provisional trustee
of the estate of the said debtor.

Dated this day of .


Registrar

NOTE — The above-named debtor is required after the service


of this order upon him to attend the trustee at such time and place as
the trustee may specify.

Endorsement on order

The name and address of the solicitor (if any) to the


debtor are [insert name and address].

(L.N. 46 of 1964; L.N. 81 of 1998; L.N. 125 of 2007)


_____________

Form 26
[ss. 12, 72A(3);
rules 69, 75]

Bankruptcy order on creditor’s petition

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-104
Cap. 6B

On the petition dated the day of


of J.S., of
a creditor, filed the [insert date], and on reading
and hearing
It is ordered that A.B. [insert name, addresses and
descriptions of debtor as set out in petition] be adjudged
bankrupt and the Official Receiver hereby becomes the
provisional trustee of the estate of the said debtor.

Dated this day of .

Registrar

NOTE — The above-named debtor is required, after the service


of this order upon him, to attend the trustee at such time and place as
the trustee may specify.

__________

Endorsement on order

The name and address of the solicitor to the


petitioning creditor are [insert name and address].

(G.N.A. 124 of 1955; L.N. 81 of 1998; L.N. 125 of 2007)


_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-106
Cap. 6B

Form 27
[s. 78(1)(f) & rule 78]

Notice of bankruptcy order, etc.

(Title)

Bankruptcy order made .......................................................


Note — All debts due to the estate should be paid to
the trustee.

Official Receiver

Dated this day of .


(L.N. 81 of 1998; L.N. 125 of 2007; 22 of 2023 s. 53)
_____________

Form 28

(Repealed L.N. 22 of 1995)

_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-108
Cap. 6B

Page 1

Form 28A

IN THE COURT OF FIRST INSTANCE OF HONG

KONG IN BANKRUPTCY

NO. OF .

Name: ______________________________

STATEMENT OF AFFAIRS
(Individual, i.e. non-trading)

Please show your financial position as at the date of the


Bankruptcy Order by completing all the pages of this
form and the attached lists, A, B and C as are applicable,
which will then be your Statement of Affairs. You are
also required to specify in the relevant list whether or not
there is a dispute about any amount due to or by you and,
if so, to supply details in a separate sheet which should be
signed and attached as part of your Statement of Affairs.

AFFIDAVIT OR AFFIRMATION (you need to


complete either the affidavit at (i) below or the affirmation
at (ii) overleaf, but not both.)
(i) Affidavit
This Affidavit must be sworn before a Solicitor or
Commissioner of Oaths or an officer of the court
duly authorised to administer oaths when you have
completed the rest of this form.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-110
Cap. 6B

(a) Insert full I (a) ___________________________________________


name, _______________________________________________
Hong Kong
Identity of (b) __________________________________________
Card _______________________________________________
No. and
occupation
Make oath and say that the attached lists exhibited hereto
(b) Insert full and marked ______ are to the best of my knowledge and
address belief a full, true and complete statement of my affairs as
at __________ the date of the Bankruptcy Order made
against me.

Sworn at ______________
Date _________________ Signature ____________
Before me ____________

_______________________________________________

A Solicitor or Commissioner of Oaths or Duly authorised


officer

Before swearing the affidavit the Solicitor or


Commissioner is particularly requested to make sure
that the full name, address and description of the
Deponent are stated, and to initial any crossings-out
or other alterations in the printed form. A deficiency
in the affidavit in any of the above respects will mean
that it is refused by the court, and will need to be re-
sworn.

(Please see overleaf for the Affirmation)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-112
Cap. 6B

Page 2

(ii) Affirmation

This Affirmation must be made before a Solicitor


or Commissioner of Oaths or an officer of the court
duly authorised to administer oaths when you have
completed the rest of this form.

(a) Insert full I (a) ___________________________________________


name, _______________________________________________
Hong Kong
Identity of (b) __________________________________________
Card _______________________________________________
No. and
occupation
Solemnly and sincerely affirm that the attached lists
(b) Insert full exhibited hereto and marked ______________ are to the
address best of my knowledge and belief a full, true and complete
statement of my affairs as at ______________ the date of
the Bankruptcy Order made against me.

Affirmed at ____________
Date _________________ Signature ____________
Before me ____________

_______________________________________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-114
Cap. 6B

A Solicitor or Commissioner of Oaths or Duly authorised


officer

Before making the affirmation the Solicitor or


Commissioner is particularly requested to make sure
that the full name, address and description of the
Deponent are stated, and to initial any crossings-out or
other alterations in the printed form. A deficiency in
the affirmation in any of the above respects will mean
that it is refused by the court, and will need to be re-
affirmed.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-116
Cap. 6B

SUMMARY OF STATEMENT OF AFFAIRS

List Amount
Reference Particulars $
ASSETS
A (1) Various assets
B (2) Excess value of assets pledged as
security to creditors fully secured
(3) Total Assets, i.e. total of items (1) and
(2) above
LIABILITIES
B (4) Secured creditors (net of security) —
i.e. after deducting the amount of the
security
C (5) Unsecured creditors
(6) Total Liabilities, i.e. total of items (4)
and (5) above
(7) Surplus/(Deficiency), i.e. total assets
in item (3) less total liabilities as in
item (6)
$

Signature ____________________ Date ________________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-118
Cap. 6B

LIST A

VARIOUS ASSETS

Please detail all your assets which may be of value Estimated to


(if necessary, use the space in section (j) below to produce
provide details in respect of any of the items at (a) to $
(i) below; and/or attach additional sheet(s) if the space
in section (j) is not adequate; and complete item (k)
below).
(a) Cash at bank _________________________________ ___________
(specify the name of the bank(s) and all account
numbers)

(b) Land and buildings ________________ Cost $ ______ ___________


(location and address)

(c) Household furniture and belongings ______________ ___________

(d) Life assurance policies _________________________ ___________


(policy number(s) and insurance
companies)

(e) Money owed to you ___________________________ ___________


(please provide name and address of
debtor and nature of debt)

(f) Investments in stocks and shares _____


________________________________ Cost $ ______ ___________
(please provide details)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-120
Cap. 6B

(g) Motor vehicles ___________________ Cost $ ______ ___________


(please provide details)

(h) Sums due to you from the estate of a deceased person _


____________________________________________ ___________
(please provide details)

(i) Any other assets ______________________________ ___________


(j) Supplementary Information (specify here also, if
applicable, the particulars of any property held by or
in the name of *husband/*wife/*concubine or under
any alias or in a t’ong name or in trust for you)
____________________________________________ ___________
____________________________________________ ___________
____________________________________________ ___________
____________________________________________ ___________
____________________________________________ ___________
____________________________________________ ___________
____________________________________________ ___________
____________________________________________ ___________
____________________________________________ ___________

Show the total under “Assets”, item (1) in the


Summary of Statement of Affairs $

(k) *____ additional sheets are attached/No additional sheets are attached.*
(specify no.)

Signature ___________________ Date _____________________


(*delete the inapplicable words)

Last updated date


Verified Copy 29.12.2023
LIST B
Schedule
SECURED CREDITORS (either fully or partly secured)
/EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS
Yes No
Does any creditor of yours hold or claim any item(s) of your property? □ □

If “YES” give details below:

(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix)


Name of Amount Specify the asset Date when Estimated when Net
creditor or owed to being held or security of the asset in Estimated excess, indebtedness
No. claimant Address creditor claimed or pledged given column (v) i.e. (vii) less (iv) i.e. (iv) less (vii)
$ as security $ $ $
1. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

Verified Copy
2. .................. .................. ................. ................................. .................. ........................... ............................. ...........................
Bankruptcy (Forms) Rules

3. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

4. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

5. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

6. .................. .................. ................. ................................. .................. ........................... ............................. ...........................


Cap. 6B
S-122

29.12.2023
Last updated date
7. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

8. .................. .................. ................. ................................. .................. ........................... ............................. ........................... Schedule

9. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

10. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

11. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

12. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

13. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

14. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

Verified Copy
15. .................. .................. ................. ................................. .................. ........................... ............................. ...........................

Show the total of column (viii) under “Assets”, item (2) in the Summary of
Bankruptcy (Forms) Rules

Statement of Affairs $
Show the total of column (ix) under “Liabilities”, item (4) in the Summary of Statement of Affairs $

Signature Date
Cap. 6B
S-124

29.12.2023
Last updated date
Bankruptcy (Forms) Rules

Schedule S-126
Cap. 6B

LIST C

UNSECURED CREDITORS

(i) (ii) (iii) (iv) (v)


Amount the Amount you
creditor consider as
Name of creditor claims you owed to the
No. or claimant Address owe him/her creditor
$ $
1. ................................................................ ......................... ....................

2. ................................................................ ......................... ....................

3. ................................................................ ......................... ....................

4. ................................................................ ......................... ....................

5. ................................................................ ......................... ....................

6. ................................................................ ......................... ....................

7. ................................................................ ......................... ....................

8. ................................................................ ......................... ....................

9. ................................................................ ......................... ....................

10. ................................................................ ......................... ....................

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-128
Cap. 6B

11. ................................................................ ......................... ....................

12. ................................................................ ......................... ....................

13. ................................................................ ......................... ....................

14. ................................................................ ......................... ....................

15. ................................................................ ......................... ....................

Show the total of column (v) under


“Liabilities”, item (5) in the summary of
Statement of Affairs

Signature ___________________ Date _______________________


(L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-130
Cap. 6B

Page 1

Form 28B

IN THE COURT OF FIRST INSTANCE OF HONG KONG

IN BANKRUPTCY

NO. of .

Full Name : _______________________


Hong Kong Identity Card No. : _______________________
Trading as : _______________________

STATEMENT OF AFFAIRS

Please complete this Statement of Affairs and such of the attached lists A,
B, C, D and E as are applicable in order to show the state of your affairs
on the day on which the Bankruptcy Order was made against you, viz., the
______ day of _____________ . You are also required to specify in the
relevant list whether or not there is a dispute about any amount due to or
by you and, if so, to supply details in a separate schedule which should be
signed and attached as part of your Statement of Affairs. Such completed
schedules will constitute your Statement of Affairs, and must be verified by
oath, declaration or affirmation (please see note below).

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-132
Cap. 6B

List Amount
Reference Particulars $
ASSETS
A (1) Various assets
B (2) Debts receivable
C (3) Excess value of assets pledged as
security to creditors fully secured
(4) Total Assets, i.e. total of items (1) and
(3) above
LIABILITIES
D (5) Claims and amounts due to employees
and Government departments
C (6) Secured creditors (net of security) —
i.e. after deducting the amount of the
security
E (7) Unsecured creditors and other
liabilities (including contingent
liabilities)
(8) Total Liabilities, i.e. total of items (5)
to (7) above
(9) Surplus/(Deficiency), i.e. total assets
as in item (4) less total liabilities as in
item (8) above
$

Continued Overleaf/...

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-134
Cap. 6B

Page 2

AFFIDAVIT OR AFFIRMATION—(The format is set


out below and you need to complete either the affidavit at
(i) or the affirmation at (ii), but not both.)

Before swearing the affidavit or making the


affirmation, the Solicitor or Commissioner is
particularly requested to make sure that the full name,
address and description of the Deponent are stated,
and to initial any crossings-out or other alterations
in the printed form. A deficiency in the affidavit/
affirmation in any of the above respects will mean that
it is refused by the court, and will need to be re-sworn.

(i) Affidavit

This Affidavit must be sworn before a Solicitor or


Commissioner of Oaths or an officer of the court
duly authorised to administer oaths when you have
completed the rest of this form.

(a) Insert full I (a) ___________________________________________


name, _______________________________________________
Hong Kong
Identity of (b) __________________________________________
Card
_______________________________________________
No. and
Make oath and say that the foregoing Statement and
occupation
attached lists exhibited hereto and marked ____________
(b) Insert full are to the best of my knowledge and belief a full, true and
address complete statement of my affairs as at____________the
date of the Bankruptcy Order made against me.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-136
Cap. 6B

Sworn at ______________
Date _________________ Signature __________
Before me ____________

(ii) Affirmation

This Affirmation must be made before a Solicitor


or Commissioner of Oaths or an officer of the court
duly authorised to administer oaths when you have
completed the rest of this form.

(a) Insert full I (a) ___________________________________________


name, _______________________________________________
Hong Kong
Identity of (b) __________________________________________
Card
_______________________________________________
No. and
Solemnly and sincerely affirm that the foregoing
occupation
Statement and attached lists exhibited hereto and marked
(b) Insert full ________are to the best of my knowledge and belief
address a full, true and complete statement of my affairs as
at________the date of the Bankruptcy Order made against
me.

Affirmed at ____________
Date _________________ Signature __________
Before me ____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-138
Cap. 6B

LIST A

VARIOUS ASSETS

Full particulars of every description of assets not included in any other lists
should be specified in this list. If the space allotted to items (a) to (j) below is
not adequate, please provide the requisite information by attaching additional
schedule(s) and completing item (l) below.
Particulars Estimated to
produce
$
(a) Cash at bank ___________________________________ __________
(Please specify ___________________________________ __________
the name(s) of the
bank(s) and all ___________________________________ __________
account numbers)

(b) Cash in hand ___________________________________ __________


(c) Cash deposit held ___________________________________ __________
by solicitor or any (name of solicitor or person)
other person

(d) Land and _____________________Cost $ _________ __________


buildings in your ___________________________________ __________
name or in the
___________________________________ __________
name of your
*husband/ ___________________________________ __________
*wife/
*concubine
(Location and
address)

(e) Stock in trade _____________________Cost $ _________ __________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-140
Cap. 6B

(f) Plant and _____________________Cost $ _________ __________


machinery
(g) Life assurance ___________________________________ __________
policies (policy number and insurance company)

(h) Investment in _____________________Cost $ _________ __________


stocks and shares, (Please provide details)
etc.
(i) Amount due ___________________________________ __________
to you from (Please provide details)
the estate of a
deceased person
(j) Any other assets ___________________________________ __________
___________________________________ __________

(k) Total (show the total under “Assets” on page 1 of the


Statement of Affairs) $
(l) *_____________ additional schedule(s) are attached/No additional
(specify no.)
schedule(s) are attached.*

Dated this day of . (Signature)


(*delete the inapplicable words)

Last updated date


Verified Copy 29.12.2023
LIST B
Schedule
DEBTS RECEIVABLE
(i) (ii) (iii) (iv) (v) (vi) (vii) (viii)
Folio of ledger or other Nature of debt and
Name of Amount of Date when Estimated to book where particulars particulars of any
No. debtor Address debt contracted produce are to be found securities held for debt
$ $
1. .................... ............................. .................... ......................... ......................... ........................................ ......................................

2. .................... ............................. .................... ......................... ......................... ........................................ ......................................

3. .................... ............................. .................... ......................... ......................... ........................................ ......................................

4. .................... ............................. .................... ......................... ......................... ........................................ ......................................

Verified Copy
5. .................... ............................. .................... ......................... ......................... ........................................ ......................................
Bankruptcy (Forms) Rules

6. .................... ............................. .................... ......................... ......................... ........................................ ......................................

7. .................... ............................. .................... ......................... ......................... ........................................ ......................................

8. .................... ............................. .................... ......................... ......................... ........................................ ......................................

9. .................... ............................. .................... ......................... ......................... ........................................ ......................................

10. .................... ............................. .................... ......................... ......................... ........................................ ......................................


Cap. 6B
S-142

29.12.2023
Last updated date
11. .................... ............................. .................... ......................... ......................... ........................................ ......................................

12. .................... ............................. .................... ......................... ......................... ........................................ ...................................... Schedule

13. .................... ............................. .................... ......................... ......................... ........................................ ......................................

14. .................... ............................. .................... ......................... ......................... ........................................ ......................................

15. .................... ............................. .................... ......................... ......................... ........................................ ......................................

Totals (show the total of column


(vi) under “Assets” on page 1 of
the Statement of Affairs)

Dated this day of . (Signature)

Verified Copy
Notes: (1) If you are also indebted to any of the above-mentioned debtor(s), please specify in column (iii) both the
amount of your debt due to the debtor and the amount due from the debtor. The net amount due to you by the
Bankruptcy (Forms) Rules

debtor should be inserted in columns (iv) and (vi). If, however, the amount owed by you to the “debtor” is
greater than the amount that the debtor owes you, do not insert any amount in this list but use List E for the
purpose.
(2) To substantiate the amount of debt, copies of the relevant source documents should be attached.
Cap. 6B
S-144

29.12.2023
Last updated date
LIST C
SECURED CREDITORS (either fully or partly secured) Schedule
/EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS

(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x)
Particulars of the Estimated Net
Name of Amount asset being held Date when value of Estimated indebtedness
creditor or owed to Date when or claimed or security the asset in excess i.e. i.e. (iv) less
No. claimant Address creditor contracted pledge as security given column (vi) (viii) less (iv) (viii)
$ $ $ $
1. .................. .................... ................ ...................................................... ................... ....................................................................

2. .................. .................... ................ ...................................................... ................... ....................................................................

3. .................. .................... ................ ...................................................... ................... ....................................................................

Verified Copy
4. .................. .................... ................ ...................................................... ................... ....................................................................
Bankruptcy (Forms) Rules

5. .................. .................... ................ ...................................................... ................... ....................................................................

6. .................. .................... ................ ...................................................... ................... ....................................................................

7. .................. .................... ................ ...................................................... ................... ....................................................................

8. .................. .................... ................ ...................................................... ................... ....................................................................

9. .................. .................... ................ ...................................................... ................... ....................................................................


Cap. 6B
S-146

29.12.2023
Last updated date
10. .................. .................... ................ ...................................................... ................... ....................................................................

11. .................. .................... ................ ...................................................... ................... .................................................................... Schedule

12. .................. .................... ................ ...................................................... ................... ....................................................................

13. .................. .................... ................ ...................................................... ................... ....................................................................

14. .................. .................... ................ ...................................................... ................... ....................................................................

15. .................. .................... ................ ...................................................... ................... ....................................................................

Total amount owed to Total value of security, i.e. total of column


creditors, i.e. total of column (viii)
(iv)
Show the total of column (ix)

Verified Copy
under “Assets” on page 1 of
the Statement of Affairs
Bankruptcy (Forms) Rules

Show the total of column (x)


under “Liabilities” on page 1
of the Statement of Affairs

Dated this day of . (Signature)


Note: If the amount due to the fully-secured creditor (as stated in column (iv) above) is the same as the estimated value of
security (as stated in column (viii) above), please specify a “Nil” amount in columns (ix) and (x). If any estimated surplus
from security as reflected in column (ix) above is further pledged to any other creditor as partial security, that surplus
should be deleted from column (ix) and shown in column (viii) for that other creditor instead. Such surplus should then
be deducted from the relevant amount due to that other creditor before extending the amount to either column (ix) or (x),
whichever is appropriate.
Cap. 6B
S-148

29.12.2023
Last updated date
LIST D
CLAIMS AND AMOUNTS DUE TO EMPLOYEES AND GOVERNMENT DEPARTMENTS Schedule
(e.g. Wages, Rates, Taxes, etc.)

(i) (ii) (iii) (iv) (v) (vi) (vii)


Name of Period during Due date Amount of
No. creditor Address Name of claim which claim for payment claim
or claimant accrued $
1. ............................. ............................................................. ........................... ............................. ............................. .......................

2. ............................. ............................................................. ........................... ............................. ............................. .......................

3. ............................. ............................................................. ........................... ............................. ............................. .......................

4. ............................. ............................................................. ........................... ............................. ............................. .......................

Verified Copy
5. ............................. ............................................................. ........................... ............................. ............................. .......................
Bankruptcy (Forms) Rules

6. ............................. ............................................................. ........................... ............................. ............................. .......................

7. ............................. ............................................................. ........................... ............................. ............................. .......................

8. ............................. ............................................................. ........................... ............................. ............................. .......................

9. ............................. ............................................................. ........................... ............................. ............................. .......................


Cap. 6B
S-150

29.12.2023
Last updated date
10. ............................. ............................................................. ........................... ............................. ............................. .......................

11. ............................. ............................................................. ........................... ............................. ............................. ....................... Schedule

12. ............................. ............................................................. ........................... ............................. ............................. .......................

13. ............................. ............................................................. ........................... ............................. ............................. .......................

14. ............................. ............................................................. ........................... ............................. ............................. .......................

15. ............................. ............................................................. ........................... ............................. ............................. .......................

Show the total of column (vii) under “Liabilities” on page 1 of the Statement of Affairs $

Dated this day of . (Signature)

Verified Copy
Bankruptcy (Forms) Rules

Cap. 6B
S-152

29.12.2023
Last updated date
LIST E
UNSECURED CREDITORS AND OTHER LIABILITIES Schedule
(INCLUDING CONTINGENT LIABILITIES)

(i) (ii) (iii) (iv) (v) (vi)


No. Name of creditor Address Amount Date when Consideration and the
or claimant $ contracted nature of liability
1. ..................................... ................................................................. ......................... ............................. ........................................

2. ..................................... ................................................................. ......................... ............................. ........................................

3. ..................................... ................................................................. ......................... ............................. ........................................

4. ..................................... ................................................................. ......................... ............................. ........................................

Verified Copy
5. ..................................... ................................................................. ......................... ............................. ........................................
Bankruptcy (Forms) Rules

6. ..................................... ................................................................. ......................... ............................. ........................................

7. ..................................... ................................................................. ......................... ............................. ........................................

8. ..................................... ................................................................. ......................... ............................. ........................................

9. ..................................... ................................................................. ......................... ............................. ........................................

10. ..................................... ................................................................. ......................... ............................. ........................................


Cap. 6B
S-154

29.12.2023
Last updated date
11. ..................................... ................................................................. ......................... ............................. ........................................

12. ..................................... ................................................................. ......................... ............................. ........................................ Schedule

13. ..................................... ................................................................. ......................... ............................. ........................................

14. ..................................... ................................................................. ......................... ............................. ........................................

15. ..................................... ................................................................. ......................... ............................. ........................................

Show the total of column (iv) under “Liabilities” on page 1 of the


Statement of Affairs $

Dated this day of . (Signature)


Notes: (1) If any creditor is also indebted to you, please specify in column (iii) both the amount due to the creditor and the
amount owed by the creditor. The net amount due by you to the creditor should be inserted in column (iv). If,

Verified Copy
however, the amount owed to you by the “creditor” is more than the amount that you owe the creditor, do not insert
any amount in this list but use List B for the purpose.
Bankruptcy (Forms) Rules

(2) The particulars of any bills of exchange and promissory notes held by a creditor should be inserted immediately
below the name of such creditor.
Cap. 6B
S-156

29.12.2023
Last updated date
Bankruptcy (Forms) Rules

Schedule S-158
Cap. 6B

(L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)


_____________

Form 28C
[s. 10(2)]
Statement of Affairs (Debtor’s Petition)

Bankruptcy Ordinance (Chapter 6)

Note—These In the ____________In Bankruptcy


details will be
the same as those
No.______of______ .
shown at the top of
your petition.

Re _____________________________________________

Show your current financial position by completing all the


pages of this form which will then be your Statement of
Affairs.
_______________________________________________
AFFIDAVIT
This Affidavit must be sworn before a Solicitor or
Commissioner of Oaths or an officer of the court
duly authorized to administer oaths when you have
completed the rest of this form.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-160
Cap. 6B

(a) Insert full I, (a) ___________________________________________


name, occupation,
Hong Kong ______________________________________________,
Identity Card No. of (b) __________________________________________
(if any) or number _______________________________________________
and issuing country
of any passport. _______________________________________________
(b) Insert full Make oath and say that several pages exhibited hereto and
address. marked ________ are to the best of my knowledge and
belief a full, true and complete statement of my affairs at
today’s date.

Sworn at ______________
Date _________________ Signature(s) __________
Before me ____________

A Solicitor or Commissioner of Oaths or Duly authorized


officer

Before swearing the affidavit, the Solicitor or


Commissioner is particularly requested to make sure
that the full name, address and description of the
deponent are stated, and to initial any crossings-out
or other alterations in the printed form. A deficiency
in the affidavit in any of the above respects will mean
that it will be refused by the court, and will need to be
re-sworn.

Last updated date


Verified Copy 29.12.2023
LIST A
Schedule
SECURED CREDITORS
Yes No
Is anyone claiming something of yours to clear or reduce his or her claim? □ □

If “YES” give details below: <

Amount
Address owed to What of yours is claimed
Name of creditor (with postcode) creditor and what is it worth?
$

Verified Copy
1.
Bankruptcy (Forms) Rules

2.

3.
_____________ __________________ _______________________
Cap. 6B
S-162

29.12.2023
Last updated date
Bankruptcy (Forms) Rules

Schedule S-164
Cap. 6B

<
Date ______________________________
Signature _________________________
4.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-166
Cap. 6B

LIST B

UNSECURED CREDITORS

1 2 3 4 5
Amount the
creditor says
Name of creditor Address (with you owe Amount you
No. or claimant postcode) him/her think you owe
$ $

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-168
Cap. 6B

Signature ____________________ Date ___________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-170
Cap. 6B

LIST C1

ASSETS

Do you have any bank accounts or an interest in one? Yes No


If “YES” state where they are, how much is in them □ □
and how much is your share.

Do you have any business bank accounts, including Yes No


joint accounts? □ □
If “YES” state the name of the accounts, where they are
and how much is in them.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-172
Cap. 6B

Do you have any bank deposit accounts or an interest in Yes No


one? □ □
If “YES” state where they are and how much is in them
and how much is your share.

Signature ________________ Date _________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-174
Cap. 6B

LIST C2

ASSETS

Do you have any other savings? Yes No


If “YES” give details. □ □

Do you use a motor vehicle? Yes No


If “YES” who owns it and what is it worth? □ □

Have you an interest in any other motor vehicles? Yes No


If “YES” give details and their value. □ □

______________________________________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-176
Cap. 6B

______________________________________________

Signature ________________ Date _________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-178
Cap. 6B

LIST C3

ASSETS

Now show anything else of yours which may be of value. $


(a) Household furniture and belongings _______________ ____________

(b) Life policies __________________________________ ____________

(c) Money owed to you ____________________________ ____________

(d) Stock in trade _________________________________ ____________

(e) Other property ________________________________ ____________

_________________________________________________ ____________

_________________________________________________ ____________

_________________________________________________ ____________

_________________________________________________ ____________

_________________________________________________ ____________

_________________________________________________ ____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-180
Cap. 6B

_________________________________________________ ____________

_________________________________________________ ____________

_________________________________________________ ____________

_________________________________________________ ____________

_________________________________________________ ____________

_________________________________________________ ____________

TOTAL $

Signature ___________________ Date _________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-182
Cap. 6B

LIST D

1. State the name, age (if under 18), and relationship to you of your dependants.

1 6
2 7
3 8
4 9
5 10

2. Has distress been levied against you by or on behalf of any creditor? Yes No
□ □
If “YES” give details below—

Date Description and estimated


Name of creditor Amount of claim Distress levied value of property seized
$

Signature ___________________________ Date________________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-184
Cap. 6B

LIST E

3. At the date you present your bankruptcy petition, is any court Yes No
judgment or other legal process outstanding against you that □ □
has been made by any court in Hong Kong?
If “YES” give details below—

Type and date of Description and estimated


Name of creditor Amount of claim process issued value of any property seized
$

4. At the date you present your bankruptcy petition, is any income Yes No
payments order in force against you? □ □
If “YES” give details below—

Amount of instalment Total amount Date order


Date of payable under order paid under expires (if
Name of creditor order Court (per month/week) order applicable)
$ $

Signature ___________________________ Date_____________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-186
Cap. 6B

LIST F

5(a) Have you, before you presented your petition, tried to come Yes No
to any agreement with your creditors generally for payment of □ □
your debts?
(b) If the answer to 5(a) is “YES”, what terms were offered to the
creditors—
(1) time for repayment _______________________________
_______________________________
(2) percentage amount receivable by creditors _____________
(3) when was the offer made? __________________________
(c) Did the attempt fail because the creditors refused to accept the Yes No
terms offered? □ □
If “NO” why did it fail? _______________________________
___________________________________________________
___________________________________________________

6. Do you think that you will be able to introduce a voluntary Yes No


arrangement for your creditors under the Bankruptcy □ □
Ordinance (Chapter 6), which is likely to be acceptable to
them?
If “YES” give brief details _____________________________
___________________________________________________
___________________________________________________

Signature _______________________________ Date____________

Last updated date


Verified Copy 29.12.2023
LIST G
STATEMENT OF MEANS Schedule
(List below all items of regular “monthly” income and expenditure)
Items of income $ Items of expenditure $

Verified Copy
Bankruptcy (Forms) Rules

This page shows that I will now be able to pay creditors $ _________ a month.
Signature _________________________ Date ___________________________
Cap. 6B
S-188

29.12.2023
Last updated date
Bankruptcy (Forms) Rules

Schedule S-190
Cap. 6B

LIST H

STATEMENT OF RECENT AND EXPECTED INCOME

Include in the table below details of your gross income in the past 12
months and your estimated gross income for the next 12 months.

Gross income is the amount of your income before any deductions,


including tax, are made.
Ensure that you include all income details as any details left out may affect
your ability to obtain an early discharge.

Estimated
Source of Income Income last income next
12 months 12 months
Gross Wages and Salary before income tax is
deducted (including overtime & penalty rates)
‧ $ $
‧ $ $
Drawings from Business if self-employed $ $
Government Pensions, Benefits & Allowances
(Specify type)
‧ $ $
‧ $ $
‧ $ $
Payments from Retirement or Approved
Deposit, Provident Funds (Specify type)
‧ $ $
‧ $ $

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-192
Cap. 6B

Lump Sum payment on termination of $ $


employment
Income from deceased estate or trust $ $
Income from Investments (Specify type)
‧Interest $ $
‧Dividends $ $
‧Insurance policies $ $
‧ $ $
‧ $ $
Money from any other allowances, benefits or
sources not mentioned above (Specify source &
type)
‧ $ $
‧ $ $
‧ $ $
TOTAL $ $
(L.N. 81 of 1998)
_____________

Form 29
[rules 99A & 99D]

Notice to Creditors of General Meeting of


Creditors

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-194
Cap. 6B

(a) Delete as A meeting of creditors has been summoned by the (a)


applicable. [provisional trustee][trustee]
(b) Insert (a) [at the request of a creditor under section (b)
relevant section.
of the Bankruptcy Ordinance (Chapter 6)] for the purpose
of—
The meeting will be held as follows—
Date __________________________________________
Time ___________________________hours
Place __________________________________________
__________________________________________

The forms of general and special proxy are enclosed,


(c) Insert date one of which must be lodged with me not later than (c)
and time by ________________ to entitle you to vote by proxy at the
which proxy is meeting (together with a completed proof of debt form if
to be lodged,
which should not you have not already lodged one).
be more than 24
hours before the Dated this day of .
date fixed for the
meeting. Provisional trustee/Trustee

[address]

Note—Insert any further details which by the nature of the


meeting need to be stated.

(L.N. 81 of 1998; L.N. 125 of 2007)


_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-196
Cap. 6B

Forms 30 — 31

(Repealed L.N. 81 of 1998)

_____________

Form 32
[s. 17]
Notice to creditors of adjourned meeting

(Title)

Take notice that the meeting of creditors in the


above matter held on the day of at
was adjourned to the day
of
and will accordingly be held at
on the said day at o’clock in the
noon.

Agenda

[Insert here nature of business to be transacted]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-198
Cap. 6B

Dated this day of .

Trustee
(L.N. 125 of 2007)
_____________

Form 33
[rule 105]
Affidavit of postage of notices. general meeting

(Title)

I, , [insert description],
make oath and say as follows—
1. That I did, on the day of ,
send to each creditor mentioned in the bankrupt’s
statement of affairs, and to the above-named bankrupt, a
(a) Insert here notice of the time and place of the (a) general meeting of
if necessary creditors.
“adjourned”.
2. That such notices were addressed to the said
creditors respectively, according to their respective names
and addresses appearing in the statement of affairs of the
said bankrupt, and also to the said bankrupt at

3. That the post office acknowledgment for the


same is hereunto annexed and marked “A”.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-200
Cap. 6B

Sworn at, etc.

(Signature)
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Form 34
[rule 105]
Certificate of postage of notices. general meeting

(Title)

I, , [insert description],
hereby certify—
1. That I did, on the day of
, send to each creditor mentioned in the
bankrupt’s statement of affairs, a notice of the time and
(a) Insert here place of the (a) general meeting of creditors.
if necessary
“adjourned”.
2. That such notices were addressed to the said
creditors respectively according to their respective names
and addresses appearing in the statement of affairs of the
said bankrupt.

3. That the post office acknowledgment for the


same is hereunto annexed and marked “A”.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-202
Cap. 6B

4. That I did on the said day of


, send by registered post notice
of the time and place of the said meeting to the said
bankrupt, and that such notice was sent to the following
address—

Dated this day of .

(Signature)
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Form 35
[rule 100]
Notice to bankrupt to attend general meeting of
creditors

(Title)

Take notice that the general meeting of your creditors


will be held on the day of ,
at o’clock at and that
you are required to attend thereat and submit to such
examination and give such information as the meeting
may require. And further, take notice that if you fail to
comply with the requirements of this notice you will
be guilty of a contempt of court and may be punished
accordingly.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-204
Cap. 6B

Dated this day of .

Provisional trustee

To:

the above-named bankrupt


(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Form 36

(Repealed L.N. 81 of 1998)

_____________

Form 37
[rule 107]
Memorandum of adjournment of meeting

(Title)

Meeting held at on the day of


, at o’clock.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-206
Cap. 6B

Memorandum—A meeting of creditors in the above


matter was held at the time and place above-mentioned,
(a) Here and the several proofs of debt lodged were produced; but
state reason for it appearing that (a)
adjournment. the meeting was adjourned until the day of
, at o’clock in the noon, then
to be held at the same place.
Chairman
(L.N. 81 of 1998)
_____________

Form 38
Memorandum of proceedings at adjourned general
meeting where no quorum

(Title)

Meeting held at on the day of


, at o’clock.

Memorandum—The adjourned meeting of creditors


in the above matter was held at the time and place above-
mentioned, and the several proofs of debt lodged were
produced; but it appearing that there was not a quorum
of creditors qualified to vote present or represented no
resolution was passed, and the meeting was not further
adjourned.
Chairman
(L.N. 81 of 1998)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-208
Cap. 6B

_____________

Form 39
[s. 17B & rule 100]

Order of court for general meeting of creditors

(Title)

Upon the application of C.D., of , it is


ordered that the trustee of the property of the bankrupt
[or the provisional trustee] do summon a meeting of the
creditors of the bankrupt to be held at on the
day of , at o’clock in
the noon [here state the purpose for which meeting
called].

Dated this day of .

Registrar
(L.N. 125 of 2007)
_____________

Form 40
[rule 99E]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-210
Cap. 6B

Notice of meeting (general form)

(Title)

Take notice that a meeting of creditors in the above


matter will be held at on the day of
, at o’clock in the noon.

(Forms of general and special proxy are enclosed


herewith)

[Here insert Agenda


purpose for which
meeting called.]
Dated this day of .
Trustee
(L.N. 125 of 2007)
_____________

Forms 41 — 42

(Repealed L.N. 81 of 1998)

_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-212
Cap. 6B

Form 43
[rule 99E]
Notice to creditors of meeting to remove trustee
and to appoint a person to fill the vacancy

(Title)

At the request of one-fourth in value of the creditors


of the bankrupt a general meeting of the creditors
is hereby summoned to be held at on
the day of , at o’clock
in the noon for the purpose of considering the
propriety of removing G.H., the trustee of the property
of the bankrupt, from his office as such trustee, and in
the event of his removal to appoint a person to fill the
vacancy.

Dated this day of .


L.M.,
A member of the Creditors’ Committee
[or Official Receiver]
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-214
Cap. 6B

Form 44
[rule 99E]
Notice of meeting to be held to appoint new trustee

(Title)

I, C.D., Official Receiver, hereby give you notice


that a meeting of creditors will be held at on the
day of , at o’clock in
the noon, for the purpose of appointing a trustee in
the place of the late trustee, who has resigned the office
[or who has died or against whom a bankruptcy order has
been made].

Dated this day of .


Official Receiver
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-216
Cap. 6B

Form 45
[rule 2]
List of creditors assembled. To be used at every
meeting

(Title)

Meeting held at this day


of .

Number Names of creditors present Amount of proof


or represented
1 $ ¢
2
3
4
5
6
7
7 Total number of creditors
present or represented

(L.N. 81 of 1998)
________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-218
Cap. 6B

Form 46A
[rule 109]
PROOF OF DEBT—GENERAL FORM
IN THE COURT OF FIRST INSTANCE OF HONG
KONG IN BANKRUPTCY

No. of

Except in the case of


claims for wages or
salary, where the debt Re:
proved for exceeds $250
a fee of $15 must be
paid hereon otherwise
the proof cannot be
admitted.

Date of Bankruptcy Order


1 Name of Creditor
2 Address of Creditor
3 Total amount of claim, (Analysis of claim can
including any outstanding be supplied on separate
uncapitalised interest sheet signed by creditor
as at the date of the or person authorized to
bankruptcy order act on his behalf) $

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-220
Cap. 6B

4 Details of any documents


by reference to which the
debt can be substantiated
[Note: Either the
originals or copies of
documentary evidence
should be submitted.
Bills of exchange or other
negotiable securities must
be produced before the
proof can be admitted.
The trustee may call for
any document or evidence
to substantiate the claim
at his discretion.]
5 If total amount above
includes outstanding
uncapitalised interest
please state amount
6 Particulars of how and
when debt incurred
7 Particulars of any security
held, the value of the
security, and the date it
was given
8 I hereby declare that the particulars set out in
this Proof of Debt are, to the best of my knowledge
and belief, true and correct.
Signature of creditor or
person authorized to act
on his behalf ______________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-222
Cap. 6B

Name in BLOCK
LETTERS ______________________

Position with or relation


to creditor and means of
knowledge of the matters
declared therein ______________________
Warning: A person convicted of making a false statement in
respect of a proof of debt shall be liable to a fine
and imprisonment for 2 years.
Admitted to vote for
$
Date
Trustee
Admitted preferentially for
$
Date
Trustee
Admitted non-preferentially for
$
Date
Trustee
To be returned to the trustee.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-224
Cap. 6B

Note: The proof cannot be admitted for voting at the


general meeting of creditors unless it is properly
completed and lodged with the trustee not later than
24 hours before the time specified in the notice
convening the meeting.
(L.N. 223 of 1992; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
_____________

Form 46B
[rule 109]
AFFIDAVIT OF DEBT

IN THE COURT OF FIRST INSTANCE OF HONG

KONG IN BANKRUPTCY

No.(a) of

Re: (a) (a) Here insert


the number of
I, (b) , matter, and the
of name of debtor, as
make oath and say— given on the notice
of meeting.
(b) Fill in full
name, address
and occupation of
deponent.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-226
Cap. 6B

(1)(c) That I am (d) (c) If proof


of the under-mentioned creditor, and that I made by creditor
personally strike
am duly authorized by (e) out clause (1).
to make this affidavit, and that it is (d) State
within my own knowledge that the debt capacity, e.g.
hereinafter deposed to was incurred director, secretary,
solicitor etc.
and that such debt, to the best of my (e) State full
knowledge and belief, still remains unpaid name and address
and unsatisfied. of creditor.
(f) Insert “me”
(2) That the said or in case of a
was/were, at the date of the bankruptcy firm “me and C.D.
order, viz., the day of , and E.F., my co-
and still is/are justly and truly indebted to partners trading
(f) as”, or if by clerk
or agent etc. insert
in the sum of dollars as shown in name, address
the proof of debt exhibited hereto marked and description of
“A”. principal.
Debt ..... $   :
_________________

Sworn at 

[Deponent’s
this day of  Signature]

Before me,

[Notary Public/
Commissioner for Oaths/
other authorized person†]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-228
Cap. 6B

† Delete as appropriate.

Warning: A person convicted of making a false statement in


respect of a proof of debt shall be liable to a fine
and imprisonment for 7 years.
To be returned to the trustee.
(L.N. 223 of 1992; 47 of 1997 s. 10; L.N. 81 of 1998; 25 of 1998 s. 2;
L.N. 125 of 2007)
_____________

Form 47
[rule 109]
Proof by trustee in prior bankruptcy

(Title)

I, , of , make oath
and say—

1. The said was adjudicated


a bankrupt on , and I am the trustee under
such bankruptcy.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-230
Cap. 6B

2. There was at the date of the bankruptcy [or


administration] order herein, namely, the day
of , and still is an unsatisfied balance of the
debts provable in the foresaid bankruptcy, of which I
am trustee, amounting to $ as shown in the
statement endorsed hereon [or annexed hereto and marked
“A”].

3. I claim to prove in the present bankruptcy for


the said amount.

Sworn, etc.

Before me,

Admitted to vote for $


the day of .

Trustee

Admitted to rank for dividend


for $ this
day of .

Trustee
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-232
Cap. 6B

Form 48
[rule 110]
Proof of debt of employees

(Title)

(a) Fill in full I, (a) , of


name, address (b) ,
and occupation of
deponent. make oath and say—
(b) the above- 1. That (c) at the date of the
named debtor or
bankruptcy order, viz. the day of ,
the supervisor
of the above- and still justly and truly indebted to the
named debtor or several persons whose names, addresses and descriptions
on behalf of the appear in the schedule endorsed hereon in sums severally
employees and set against their names in the sixth column of such
others employed by
the above-named
schedule for wages due to them respectively as employees
debtor. or others in (d) in respect of services
(c) I or the said. rendered by them respectively to (e) during
(d) my employ such periods before the date of the bankruptcy order
or the employ of
as are set out against their respective names in the fifth
the above-named
debtor. column of such schedule, for which said sums, or any part
(e) me or the thereof, I say that they have not, nor hath any of them,
above-named had or received any manner of satisfaction or security
debtor. whatsoever.

Sworn, etc.,

(Signature)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-234
Cap. 6B

Schedule referred to on the other side

1 2 3 4 5 6
Full Period
No. name of Address Description over which Amount due
employee wages due

$ ¢

(L.N. 81 of 1998)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-236
Cap. 6B

Form 49
[rules 114 & 115]

Notice of rejection of proof of debt

(Title)

Take notice, that, as the trustee of the above estate,


I have this day rejected your claim against such estate
(a) If proof (a) [to the extent of $ ] on the following
wholly rejected grounds—
strike out words
underlined.
And further take notice that if you are dissatisfied
with my decision in respect of your proof you may apply
to the court to reverse or vary the same, but subject to the
power of the court to extend the time, no application to
(b) 21 days or
reverse or vary my decision in rejecting your proof will
7 days as the case
may be. See Rules be entertained after the expiration of (b) days
117 and 123(2). from this date.

Dated this day of .

Trustee

To
(L.N. 125 of 2007)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-238
Cap. 6B

Form 50
[s. 86B(1)(c)]
General proxy

(Title)

(a) If a firm I, (a) of , a creditor, hereby


write “we” instead appoint (b)
of “I” and set out
the full name of to be (c) general proxy in the above matter
the firm. [excepting as to the receipt of dividend (d)].
(b) Here insert
either “Mr. Dated this day of .
of , a clerk,
manager etc., in my
regular employ,”
or “Mr. of ,
(Signed) (e)
my solicitor,” or
“the trustee”. The (Signature of witness)
standing of the
person appointed
(Address)
must be clearly set
out.
(c) “my” or NOTES
“our”.
1. When the creditor desires that his general proxy should receive
(d) See footnote dividends he should strike out the words, “excepting as to the receipt of
1. dividend”, putting his initials thereto (f).
(e) If a firm, sign
the firm’s trading 2. The authorized agent of a corporation may fill up blanks, and
title, and add “by sign for the corporation thus—
A.B., a partner in For the Company, Limited.
the said firm”.
As to signature by J.S. (duly authorized under the seal of the company)
agent, see footnotes
2 and 3. 3. A proxy given by a creditor may be filled up and signed by any
person in the employ of the creditor having a general authority in writing
to sign for such creditor. Such person shall sign—

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-240
Cap. 6B

J.S. (duly authorized by a general authority in writing


to sign on behalf [name of creditor]) (g)
(f) It is not
intended that the
trustee shall in
any case receive Certificate to be signed by person other than creditor
dividends on behalf filling up the above proxy
of a creditor.
(g) The trustee I, , of , being a [here state
may require the whether clerk or manager in the regular employment of
authority to sign to the creditor or a commissioner to administer oaths in the
be produced for his
inspection. Court of First Instance], hereby certify that all insertions
in the above proxy are in my own handwriting, and have
been made by me at the request of the above-named
and in his presence, before he
attached his signature [or mark] hereto.

Dated this day of .

(Signature)

The proxy must be lodged with the trustee not later


than 24 hours before the time appointed for the meeting
at which it is to be used.

(G.N.A. 124 of 1955; 25 of 1998 s. 2; L.N. 125 of 2007)


_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-242
Cap. 6B

Form 51
[s. 86B(1)(c)]
Special proxy

(Title)

(a) If a firm, I, (a) of , a creditor, hereby


write “we” instead appoint (b)
of “I” and set out
the full name of as (c) proxy at the meeting of creditors to be
the firm. held on the day of ,
(b) Here insert or at any adjournment thereof, to vote
either “Mr. (d) .
of ,” or “the
trustee”.
Dated this day of .

(Signed) (e)

(Signature of witness)

(Address)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-244
Cap. 6B

(c) “my” or NOTES


“our”.
1. A creditor may give a special proxy to any person to vote at any
(d) Here insert specified meeting or adjournment thereof on all or any of the following
the word “for” or matters—
the word “against”
as the case may (a) for or against any specific proposal for a voluntary arrangement;
require, and specify (b) for or against the appointment of any specified person as trustee
the particular or as member of the Creditors’ committee, or for or against the
resolution or name continuance in office of any specified person, as trustee or member
of proposed trustee, of a Creditors’ committee;
remuneration, or (c) on all questions relating to any matter, other than those above
other matter. referred to, arising from any specified meeting or adjournment
thereof.
(e) If a firm, sign
the firm’s trading
2. The authorized agent of a corporation may fill up blanks, and
title, and add “by
sign for the corporation thus—
A.B., partner in the
said firm”. For the Company, Limited.
As to signature by
agent see footnotes J.S. (duly authorized under the seal of the company)
2 and 3.
3. A proxy given by a creditor may be filled up and signed by any
(f) The trustee person in the employ of creditor having a general authority in writing to
may require the sign for such creditor. Such person shall sign—
authority to sign to
be produced for his J.S. (duly authorized by a general authority in writing
inspection. to sign on behalf [name of creditor]) (f)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-246
Cap. 6B

Certificate to be signed by person other than creditor


filling up the above proxy

I, , of , being a [here state


whether clerk or manager in the regular employment of
the creditor or a commissioner to administer oaths in the
Court of First Instance], hereby certify that all insertions
in the above proxy are in my own handwriting, and have
been made by me at the request of the above-named
and in his presence before he attached his
signature [or mark] hereto.

Dated this day of .

(Signature)

The proxy must be lodged with the trustee not later


than 24 hours before the time appointed for the meeting
at which it is to be used.

(G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)


_____________

Form 52
[s. 19]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-248
Cap. 6B

Application by the Official Receiver or Trustee for


an Order Appointing a Sitting for the Public
Examination of the Bankrupt

(a) Insert the Let (a)


name and address
of the bankrupt. attend before _________________________ as follows—
Date __________________________________________
Time ____________________ hours
Place __________________________________________
__________________________________________
on the hearing of an application by the Official Receiver
or trustee for an order that the bankrupt be publicly
examined in court pursuant to section 19 of the
Bankruptcy Ordinance (Chapter 6) at such time and place
as the court shall direct and that the bankrupt shall attend
such public examination.

Dated this day of .

Official Receiver
or Trustee
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Form 53
[s. 19]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-250
Cap. 6B

Order Appointing a time for the Public


Examination of the Bankrupt

Upon the application of the Official Receiver or Trustee

And upon hearing

And upon reading the evidence

It is ordered that the bankrupt be publicly examined pursuant to


section 19 of the Bankruptcy Ordinance (Chapter 6) as follows—

Date ________________________________________________________
Time ___________________________ hours
Place ________________________________________________________
________________________________________________________
And it is ordered that the bankrupt shall attend at the time and place
above-mentioned for such purpose.

Dated this day of .

Registrar

WARNING TO BANKRUPT: If you fail without reasonable excuse to attend


your public examination at the time and place set out in the order, you
will be liable to be committed to prison without further notice. In addition,
if you commit perjury during your examination, you will be liable on
conviction to imprisonment for 7 years and a fine.
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-252
Cap. 6B

Form 54
[s. 19 & rule 86]
Notice of day for proceeding with public
examination

(Title)

Notice is hereby given that the court has appointed


day, the day
of , at o’clock in
the noon, for Proceeding with the public
examination of the above-named bankrupt, which, on
the day of , was adjourned sine die.

Dated this day of .

Official Receiver
or Trustee
(L.N. 81 of 1998; L.N. 125 of 2007; 22 of 2023 s. 53)
_____________

Form 55
[s. 19 & rule 23]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-254
Cap. 6B

Appointment of shorthand writer to take


examination of bankrupt

(Title)

Upon the application of the Official Receiver or


trustee the court hereby, pursuant to rule 23
of the Bankruptcy Rules, appoints of
to take the examination of the said at his public
examination this day.

Dated this day of .

Registrar
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Form 56
[s. 19 & rule 23]

Declaration by shorthand writer

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-256
Cap. 6B

Before I, , of , the
shorthand writer appointed by the court to take down the
examination of the said , do solemnly
and sincerely declare that I will truly and faithfully take
down the questions and answers put to and given by the
said in this matter, and will deliver true
and faithful transcripts thereof as the court may direct.

Dated this day of .

Declared before me at the time and place


above-mentioned.
(G.N.A. 124 of 1955)
_____________

Form 57
[s. 19 & rule 23]

Notes of public examination of bankrupt where a


shorthand writer is appointed

(Title)

Public examination of the bankrupt held this day


of , before .

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-258
Cap. 6B

The above-named bankrupt, being sworn and


examined at the time and place above-mentioned, upon
the several questions following being put to him, gave
the several answers thereto respectively following each
question, that is to say—

This is a transcript of the notes of the public


examination of , held this day of
.

Shorthand writer duly appointed under rule 23

or

Shorthand writer attached to the Official Receiver’s Office

(G.N.A. 124 of 1955; L.N. 81 of 1998)


_____________

Form 58
[s. 19 & rule 23]

Notes of public examination of bankrupt where


shorthand writer is not appointed

Public examination of the bankrupt held this day


of , before .

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-260
Cap. 6B

The above-named bankrupt, being sworn and


examined at the time and place above-mentioned, upon
his oath saith as follows—

These are the notes of the examination of ,


held this day of .

Signature of person taking the notes

(G.N.A. 124 of 1955; L.N. 81 of 1998)


_____________

Form 59
[s. 19]
Order of adjournment of public examination

(Title)

(a) Insert here This being the day appointed for the (a)
word “further” if public examination of the above-named ,
necessary.
and the said having
submitted himself for such examination; now
upon hearing the Official Receiver or trustee, and
upon hearing and it appearing
that .

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-262
Cap. 6B

It is ordered that the said public examination be adjourned


to the day of , at in the
noon. And it is further ordered that
the said do attend at the court on the
said day of , for the purpose
of being further examined as to his conduct, dealings,
and property. And it is further ordered that the
[Set out any further said .
order of the court]
Date this day of .

Registrar

(L.N. 125 of 2007)


_____________

Forms 60 — 61

(Repealed L.N. 81 of 1998)

_____________

Form 62
[s. 19]
Memorandum of public examination of bankruptcy

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-264
Cap. 6B

Memorandum — That I,
the above-named bankrupt, being sworn and examined
upon my oath say that the notes of my public examination
marked “A”, and appended hereto, were read over by or
to me and are correct.

And I further say that, at the time of this my


examination, I have delivered up to the trustee of my
estate, all property, estate and effects, and all books,
papers and writings relating thereto.

And I further say that I have made a full disclosure


of all my assets and of all my debts and liabilities of
whatever kind, and that I have not removed, concealed,
embezzled or destroyed any part of my estate, real or
personal, nor any books of account, papers or writings
relating thereto, with an intent to defraud my creditors or
to conceal the state of my affairs.
[Here insert any special matter]

Date this day of .

Bankrupt
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Form 63
[s. 19]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-266
Cap. 6B

Order of court that examination is concluded

(Title)

Whereas the above-named A.B. has duly attended


before the court and has been publicly examined as to his
conduct, dealings and property;

And whereas the court is of opinion that the affairs


of the said A.B. have been sufficiently investigated, it is
hereby ordered that the examination of the said A.B. is
concluded.

Date this day of .

Registrar
_____________

Form 64
[s. 20B]
Order Granting Stay Pending Hearing of
Application for Interim Order

(Title)

(a) Insert full Upon the application of (a)


name and address
of applicant. And upon hearing

And upon reading the evidence

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-268
Cap. 6B

(b) Insert details It is ordered that (b)


of any action,
execution or other
legal process to be
stayed.
be stayed over the hearing of the application for an
interim order pursuant to section 20 of the Bankruptcy
Ordinance (Chapter 6), namely the day of
or over any adjournment thereof.

Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 65
[rule 122F]
Interim Order of Court under Section 20 of the
Bankruptcy Ordinance (Chapter 6)

(Title)

(a) Insert full Upon the application of (a)


name and address
of applicant. And upon hearing
And upon reading the evidence

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-270
Cap. 6B

(b) Delete as (b) [And upon the application of , the


applicable. nominee, for an extension of the period for which the
interim order shall have effect pursuant to section 20D(4)
of the Bankruptcy Ordinance (Chapter 6)]
(c) 14 days It is ordered that during the period of (c) _____
unless an extension
is granted on the days beginning with the day after the date of this order
application of the and during any extended period for which this interim
nominee. order has effect—
(d) Insert (i) no bankruptcy petition relating to the above-
debtor’s name. named (d)_______________________________
_______________________________________
(the debtor) may be presented or proceeded
with; and
(ii) no other proceedings, and no execution or other
legal process, may be commenced or continued
against the debtor or his property except with
the leave of the court.
And it is ordered that the report of the nominee be
submitted and delivered by him to the court not later than
(e) Date to be (e)
2 business days
[And it is ordered that (f)
before the day on
which the report is And it is ordered that
to be considered.

(f) Insert details


of any orders made
under section
20C(3) and (4) of
the Bankruptcy
Ordinance (Chapter
6).

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-272
Cap. 6B

(g) Delete if (g) [And it is ordered that the applicant forthwith serve
debtor is not a a copy of this order on the Official Receiver.]
bankrupt or if he
is a bankrupt but Date ____________________________
the applicant is the
Official Receiver. Time _______________________ hours
Place ____________________________
to be appointed for consideration of the nominee’s report.

Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 66
[rule 122F(4)]
Order Extending Effect of Interim Order

(Title)

(a) Insert full Upon the application of (a)


name and address
of applicant.
And upon hearing

And upon reading the evidence

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-274
Cap. 6B

And the court having this day considered the report


of the nominee submitted pursuant to section 20D of
(b) Insert date of
filing.
the Bankruptcy Ordinance (Chapter 6) and filed on (b)
__________________.
It is ordered that the period for which the interim
(c) Insert date. order made on (c) _______ has effect be extended to (c)
_________ to enable a meeting of the debtor’s creditors
to be summoned to consider the debtor’s proposals, such
meeting as proposed by the nominee to be held on—

(d) Date to be Date (d) __________________________


not less than 14
days from date Time _______________________ hours
of filing of report
under rule 122J Place ____________________________
of the Bankruptcy
Rules (Cap. 6
sub. leg. A) nor
more than 28
days from date
of consideration
of report under
rule 122L of the
Bankruptcy Rules
(Cap. 6 sub. leg.
A).
And it is ordered that this application be adjourned
to—
Date ____________________________
Time _______________________ hours
Place ____________________________
for consideration of the report of the chairman of the
Creditors’ meeting.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-276
Cap. 6B

Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 67
[ss. 20G, 20H & 20I]

Alternative Orders to be Made at Hearing to


Consider Chairman’s Report

(Title)

(a) Insert full Upon the application of (a)


name and address
of applicant.

And upon hearing

(b) Delete as (b) [And upon reading the report of the chairman of
applicable. the Creditors’ meeting that the said meeting had [approved
the proposed voluntary arrangement with or without
modifications] [declined to approve the debtor’s proposal
with or without modifications.]]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-278
Cap. 6B

[It is ordered that this application be [adjourned


generally with liberty to restore] [adjourned to the day
of to enable an application to be made to
extend the time for filing the report of the chairman of the
Creditors’ meeting.]]

[And it is ordered that the time for filing the said


report be extended to this day.]

And whereas—
(i) on the day of a
bankruptcy petition No. of was filed
by against the above-named
(the debtor); and
(ii) by virtue of section 20H(3) of the Bankruptcy
Ordinance (Chapter 6) the said petition is
deemed, unless the court otherwise orders, to
have been dismissed.

The court makes no further order save that—


(i) the registration of the petition as a pending
action at the Land Registry on
under Reference No. PA
may be vacated upon the application of the
debtor under the Land Registration Ordinance
(Chapter 128);
(c) Insert any (ii) (c)
other orders made
in respect of the
petition.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-280
Cap. 6B

Dated this day of .

NOTICE TO DEBTOR—(Where voluntary


arrangement approved and there is a pending petition
which is deemed to be dismissed).

It is your responsibility and in your interest to ensure


that the registration of the petition at the Land Registry is
cancelled.
(L.N. 81 of 1998)
_____________

Forms 68 — 78

(Repealed L.N. 81 of 1998)

_____________

Form 79
[s. 33 & rule 80]

Application to annul adjudication

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-282
Cap. 6B

I, R.S., of , being interested in this


matter [or I, , Official Receiver/trustee
(a) Delete as (a)] do hereby make application to the court that the
appropriate. bankruptcy order against A.B. be annulled [here state
grounds of application].

Dated this day of .

(Signature)
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Form 80
[rule 12]
Order annulling adjudication

(Title)

On the application of R.S., of , [or


(a) Delete as On the application of the Official Receiver/trustee (a)],
appropriate. and on reading and hearing , it is
ordered that the bankruptcy order dated against
A.B., of
, be and the same is hereby annulled.

Dated this day of .

Registrar
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________
Last updated date
Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-284
Cap. 6B

Form 81
[rule 88]
Order of Suspension of Discharge under Section
30A(3) of the Bankruptcy Ordinance (Chapter 6)

(Title)

in chambers

Upon the application of the Official Receiver or


trustee and after taking into consideration his report filed
(a) Insert date. on (a) as to the above-named bankrupt’s
conduct during the proceedings under the bankruptcy.

And upon hearing

And upon reading the evidence

And a bankruptcy order having been made against


the above-named bankrupt on (a)

(b) Delete as And it appearing to the court that the bankrupt (b)
applicable. [has failed] [is failing] to comply with his[her] obligations
(c) State briefly under the Bankruptcy Ordinance (Chapter 6) namely (c)
in what respect the
bankrupt has failed
to comply with his
obligations.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-286
Cap. 6B

(d) Insert period It is ordered that the relevant period for the purposes
for which discharge of section 30A of the Bankruptcy Ordinance (Chapter 6)
is to be suspended.
shall cease to run (b) [for a period of (d)].

Dated this day of .


Registrar
(L.N. 81 of 1998)
_____________

Form 82
[s. 30A(4)]
Notice of Intention to Object to Bankrupt’s
Discharge under Section 30A(4) of the
Bankruptcy Ordinance (Chapter 6)

(Title)

(a) Insert name TAKE notice that I, (a) ____________________,


of creditor or intend to object to the bankrupt’s discharge on one or
trustee.
more of the following grounds—
(b) Delete any
paragraph which is (i) in the case of a discharge to which section
not applicable. 30A(2)(a) of the Bankruptcy Ordinance
(Chapter 6) applies, that the bankrupt is likely
within 5 years of the commencement of the
bankruptcy to be able to make a significant
contribution to his[her] estate;
(ii) that the discharge of the bankrupt would
prejudice the administration of his[her] estate;

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-288
Cap. 6B

(iii) that the bankrupt has failed to co-operate in


the administration of his[her] estate;
(iv) that the conduct of the bankrupt, either in
respect of the period before or the period after
the commencement of the bankruptcy, has
been unsatisfactory;
(v) without limiting section 30A(4)(c) or (d) of
the Bankruptcy Ordinance (Chapter 6), that
the bankrupt has departed from Hong Kong
and has failed forthwith to return to Hong
Kong following a request to do so from the
trustee;
(vi) that the bankrupt has continued to trade after
knowing himself/herself to be insolvent;
(vii) that the bankrupt has committed an offence
under section 129 (fraudulent conduct on the
part of the bankrupt) or any of sections 131 to
136 of the Bankruptcy Ordinance (Chapter 6)
(obtaining credit, gambling offences, failure
to keep proper accounts, absconding with
property and concealing oneself to avoid
service of bankruptcy proceedings);
(viii) that the bankrupt has failed to prepare
an annual report of his/her earnings and
acquisitions for the trustee.
AND THAT I propose to apply for an order under
section 30A(3) of the Bankruptcy Ordinance (Chapter
6) suspending the running of the relevant period for the
bankrupt’s discharge.
Dated this day of .

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-290
Cap. 6B

Creditor/Official Receiver [or Trustee]


(L.N. 81 of 1998)
_____________

Form 82A
[s. 30AC]
Order for Non-Commencement of Relevant
Period for Bankrupt under Section 30AC(1)
of Bankruptcy Ordinance (Chapter 6)

(Title)

On the application of the trustee for a non-


(a) Insert full commencement order against the above-named (a)
name of bankrupt.
________ (bankrupt), and after taking into consideration
(b) Delete as
appropriate.
the trustee’s (b) [report][affidavit] filed on (c) ________ .
(c) Insert filing And on hearing
date.
And on reading the evidence

And on a bankruptcy order made against the


(d) Insert date of bankrupt on (d) ________
bankruptcy order.
And on an initial interview on a day appointed by
the trustee for the administration of the bankrupt’s estate

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-292
Cap. 6B

(e) Delete as And it appearing to the court that (e) [the bankrupt
appropriate. has failed to attend the initial interview] [the bankrupt
has attended the initial interview, but failed to provide the
trustee at the initial interview with all of the information
concerning the bankrupt’s affairs, dealings and property as
reasonably required by the trustee]

And it appearing to the court that the administration


of the bankrupt’s estate was prejudiced by the failure

And it appearing to the court that there is no


sufficient cause for a non-commencement order not to be
made under section 30AC(1) of the Bankruptcy Ordinance
(Chapter 6) (Ordinance).

It is ordered that—
(1) pursuant to section 30AC(2)(a)(i) of the
Ordinance, the relevant period for the bankrupt
is treated as not commencing to run on the date
of the bankruptcy order, i.e. (d) __________;
(2) the relevant period for the bankrupt does not
commence to run until the date as stated in the
trustee’s notice under section 30AC(3)(a) of the
Ordinance and on which all of the following
term(s) has (have) been complied with—
(f) List the (i) (f)
term(s) imposed
by the court for (ii) (f)
commencement of
running of relevant (3) (g)
period.
(g) List any Dated this day of .
other term(s) the
court thinks fit. Registrar

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-294
Cap. 6B

(1 of 2016 s. 13)
_____________

Form 82B
[s. 30AC &
rule 89B]
Notice of Commencement of Relevant Period
for Bankrupt under Section 30AC(3)(a) of
Bankruptcy Ordinance (Chapter 6)

(Title)

Take notice that—

(1) a bankruptcy order was made against the above-


(a) Insert full named (a) _________________ (bankrupt) on
name of bankrupt. (b) _________________, and an order that the
(b) Insert date of relevant period for the bankrupt is treated as not
bankruptcy order.
commencing to run on the date of the bankruptcy
(c) Insert order (non-commencement order) was made on (c)
date of non-
commencement
_______________; and
order.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-296
Cap. 6B

(2) pursuant to section 30AC(3)(a) of the Bankruptcy


Ordinance (Chapter 6), I confirm that all the term(s)
imposed by the court for the commencement of
the running of the relevant period for the bankrupt
as specified in the non-commencement order was
(d) Insert date (were) complied with on (d) _______________ such
on which all terms that the relevant period is treated as commencing to
were complied run on that date.
with.
Dated this day of .

Signed__________________
(e) Insert name (e)
of trustee.

(1 of 2016 s. 13)
_____________

Form 83
[s. 30A(5)]
Notice to Creditors by Trustee under Section
30A(5) of the Bankruptcy Ordinance (Chapter 6)

(Title)

TAKE notice that under the provisions of section


(a) Insert date. 30A of the Bankruptcy Ordinance (Chapter 6) on (a)
(b) Insert ____________ (b) ________________ will be discharged
bankrupt’s name. from his [her] bankruptcy in the absence of any objections
from his [her] trustee in bankruptcy or creditors.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-298
Cap. 6B

AND THAT I do not intend to object to the


(c) Delete as bankrupt’s discharge. [intend to object to the bankrupt’s
applicable. discharge on the following grounds—] (c)

AND THAT the bankrupt’s creditors have the right


to object to his[her] discharge on any of the following
grounds—
(i) in the case of a discharge to which section
30A(2)(a) of the Bankruptcy Ordinance
(Chapter 6) applies, that the bankrupt is likely
within 5 years of the commencement of the
bankruptcy to be able to make a significant
contribution to his[her] estate;
(ii) that the discharge of the bankrupt would
prejudice the administration of his[her] estate;
(iii) that the bankrupt has failed to co-operate in
the administration of his[her] estate;
(iv) that the conduct of the bankrupt, either in
respect of the period before or the period after
the commencement of the bankruptcy, has
been unsatisfactory;
(v) without limiting section 30A(4)(c) or (d) of
the Bankruptcy Ordinance (Chapter 6), that
the bankrupt has departed from Hong Kong
and has failed forthwith to return to Hong
Kong following a request to do so from the
trustee;
(vi) that the bankrupt has continued to trade after
knowing himself/herself to be insolvent;

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-300
Cap. 6B

(vii) that the bankrupt has committed an offence


under section 129 or any of sections 131 to
136 of the Bankruptcy Ordinance (Chapter 6);
(viii) that the bankrupt has failed to prepare
an annual report of his/her earnings and
acquisitions for the trustee.
AND THAT if any of the bankrupt’s creditors wish
to object to the bankrupt’s discharge he [she] or they must
do so on Form 82 notifying the court and me not less than
14 days before (a) _____________________________.

Dated this day of .

Trustee
(L.N. 81 of 1998)
_____________

Form 84
[rule 90]
Application for Early Discharge of Bankrupt
under Section 30B(1) of the Bankruptcy
Ordinance (Chapter 6)

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-302
Cap. 6B

(a) Insert full I, (a) _______________________________________


name and address
of bankrupt. ______________________________________________,
hereby apply to the court for an order for my early
discharge from bankruptcy.
I have not previously been adjudged bankrupt [or I
have previously been adjudged bankrupt, but more than 3
years have elapsed since the date of the first bankruptcy
(b) Delete as order/adjudication order] (b).
appropriate.
None of the circumstances set out in section 30B(2)
of the Bankruptcy Ordinance (Chapter 6) applies to me.

The grounds on which I claim to be entitled to be


discharged from bankruptcy are set out in my affidavit
(c) Insert date. sworn on (c) a copy of which affidavit
accompanies this application.

(d) State
The names and addresses of the trustee(s) upon
the names and whom this application should be served are— (d)
addresses of the
trustee(s) to be
served.
(e) State the The bankrupt’s address for service is— (e)
bankrupt’s address
for service.
Dated this day of .

Signed _____________________________
(Solicitor for the) Bankrupt

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-304
Cap. 6B

ENDORSEMENT

This application having been filed in court on


__________________ , it is ordered that the application
shall be heard as follows—
Date __________________________________________
Time ______________________ hours
Place __________________________________________
Registrar
(L.N. 81 of 1998)
_____________

Form 85
[rule 89]
Application by Bankrupt under Section 30A(7)
of the Bankruptcy Ordinance (Chapter 6) for
Lifting a Suspension of the Running of
the Relevant Period for Discharge
Imposed by the Court under
Section 30A(3) of the Ordinance

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-306
Cap. 6B

(a) Insert name Let (a)


and address of
person(s) to attend
hearing. attend before as follows—

Date __________________________________________
Time ______________________ hours
Place __________________________________________
__________________________________________
(b) Insert name. on the hearing of an application by (b)
the bankrupt for an order that the suspension of the running
of the relevant period for his [her] discharge imposed
by the court under section 30A(3) of the Bankruptcy
(c) Insert date.
Ordinance (Chapter 6) on (c) be
lifted.

The grounds on which the bankrupt claims to be


entitled to the order are set out in the affidavit of the
bankrupt sworn on (c) a copy of which affidavit
accompanies this application.
(d) State The names and addresses of the persons upon whom
the names and this application should be served are (d)
addresses of the
persons to be
served.
(e) State the The bankrupt’s address for service is—(e)
bankrupt’s address
for service.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-308
Cap. 6B

Dated this day of .

Signed _____________________________
(Solicitor for the) Bankrupt

(L.N. 81 of 1998)
_____________

Form 86
[rule 89]
Order of Court Lifting Suspension of Discharge

(Title)

in chambers

(a) Insert full Upon the application of (a)


name and address
of bankrupt.
(b) Delete as the above-named bankrupt, (b) [and after taking into
applicable. consideration the report of (c)
(c) Insert in this matter].
name of Official
Receiver’s And upon hearing
representative or
trustee.
And upon reading the evidence

(d) Insert date. It is ordered that the order made on (d)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-310
Cap. 6B

(e) Insert terms whereby it was ordered that (e)


of previous order.
be discharged.

Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 87
[rule 89]
Certificate that Order Suspending
Discharge has been Lifted

(Title)

(a) Insert full A bankruptcy order having been made by this court
name and address against (a)
of bankrupt.
(b) Insert date. on (b) and an order suspending
the above-named bankrupt’s discharge having been made
on (b)

It is certified that the said order of suspension of


discharge was lifted on (b)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-312
Cap. 6B

Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 88
[rule 92]
Certificate of Discharge

(Title)

(a) Insert full A bankruptcy order having been made by this court
name and address against (a)
of bankrupt.

(b) Insert date of on (b)


bankruptcy order.

(c) Insert full It is certified that the said (c)


name of bankrupt.

(d) Insert was discharged from his bankruptcy on (d)


effective date of
discharge.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-314
Cap. 6B

Dated this day of .

NOTICE TO BANKRUPT OR PERSONAL


REPRESENTATIVE OF BANKRUPT (IF BANKRUPT
IS DECEASED)—

Should you require the trustee to publish a notice


under rule 92(2) of the Bankruptcy Rules (Cap. 6 sub. leg.
A), you should, within ___________ days, notify the
trustee, enclosing the prescribed fee, details of which can
be obtained by contacting the trustee.

Registrar
(L.N. 81 of 1998; 22 of 2023 s. 53)
_____________

Forms 89 — 93

(Repealed L.N. 81 of 1998)

_____________

Form 94
[rule 29]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-316
Cap. 6B

Application by trustee for committal of bankrupt


or other person

(Title)

I, the trustee of the property of the said bankrupt [or


as the case may be], do apply to the court for an order
of committal for contempt of the court against the said
bankrupt [or L.M., ], on the
ground set forth in the annexed affidavit.

Dated this day of .

Trustee
_____________

Form 95

(Repealed L.N. 81 of 1998)

_____________

Form 96
[rule 29]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-318
Cap. 6B

Affidavit in support of application for committal of


bankrupt for contempt under section 26 or 55

(Title)

I, , the Official Receiver of the estate of


the said bankrupt/the trustee of the property of the said
(a) Delete as
appropriate. bankrupt (a) make oath, and say—

Where bankrupt [1. That the said bankrupt did attend at a


does not submit to general meeting of his creditors for the purpose of
examination.
appointing a trustee held on the day
of , at , and wilfully
refused to submit to be examined at such meeting in
respect of his property [or his creditors], the submitting
to examination being a duty imposed upon him by the
Bankruptcy Ordinance (Chapter 6).]
or

Where bankrupt [1. That the said bankrupt did wilfully fail to
fails to attend a attend a meeting of his creditors held on the day
meeting other than
the first. of
, at [or to wait
on me at my office on the day of ],
the attending such meeting [or waiting on me] being a
duty imposed upon him by the Bankruptcy Ordinance
(Chapter 6).]

or

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-320
Cap. 6B

Where bankrupt [1. That the said bankrupt has wilfully failed to
fails to execute a execute [here describe the deed, etc., that he has failed to
deed.
execute], the execution of such deed when required by me
being a duty imposed upon him by section 26 [or 55] of
the Bankruptcy Ordinance (Chapter 6).]

Where bankrupt 2. [That the said bankrupt was on the day


fails to attend a of , duly served with a notice, a copy
meeting other
than the first or to of which is hereunto annexed, by leaving the same at his
execute a deed. usual place of residence, requiring him to attend the said
meeting], [or to execute the above-mentioned deed, etc.]

Or

Where bankrupt [1. That the said bankrupt has wilfully failed to
fails to obey perform the duty imposed upon him by section 26 of the
special orders of
court. Bankruptcy Ordinance (Chapter 6) (here insert any act he
has been required to do by any special order of the court,
stating the day on which the order was made).]

2. [That the said bankrupt was duly served with a


copy of such order by leaving the same at his usual place
of residence on the day of .]

Or

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-322
Cap. 6B

Where bankrupt [1. That the said bankrupt has failed to deliver
has failed to up possession of (here state the property he has failed
deliver up property.
to deliver up), which property is divisible amongst his
creditors under the Bankruptcy Ordinance (Chapter 6)
and which said property was (or is) in his possession
or control, he having been required by me to deliver up
the said property by notice, a copy of which is hereunto
annexed, and which notice was served upon him on the
day of , at .]
Sworn at, etc.

Official Receiver
[or Trustee]
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Form 97
[rule 29]
Affidavit of trustee under section 53(5)

(Title)

I, G.H., the trustee of the property of the said A.B., a


bankrupt, make oath and say—

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-324
Cap. 6B

1. That I believe that L.M., of ,


hath in his possession or power as [here set out the
capacity in which the person stands to the bankrupt]
certain moneys [and securities] belonging to the bankrupt,
that is to say [here set out and describe the particular
moneys and securities].

2. That on the day of ,


I did apply personally to the said L.M. to pay and
deliver to me the said moneys and securities, and that
he did not then pay or deliver, nor has he since paid or
delivered, to me the same [or That I, on the day
of , posted a letter to the said L.M.,
addressed to him at
, calling upon him to, etc., and that on the
day of , I posted another letter,
by which I again called upon him to, etc., and that he has
failed to pay and deliver the same].

3. That I firmly believe that the said L.M. is not


entitled by law to retain such moneys [and securities] as
against the bankrupt or against me as the trustee of the
property of the bankrupt.

Sworn at, etc.

Trustee
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-326
Cap. 6B

Form 98
[s. 110 & rule 30]

Notice of application for committal under section


110

(Title)

To

Take notice that C.D., of , will on


the day of , at o’clock in
the noon, apply to the court for an order for your
committal to prison for contempt of this court, you having
disobeyed the order of the court made on the day
of , [here set out order]. And further
take notice that you are required to attend the court on
such day at the hour before stated, to show cause why an
order for your committal should not be made.

Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 99
[s. 26(4) & rule 30]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-328
Cap. 6B

Notice of application for committal under section


26

(Title)

To the said A.B., bankrupt.

Take notice that the trustee [or Official Receiver] of


the property of the said bankrupt will on the day
of , at o’clock in the
noon, apply to the court for an order for your committal
to prison for contempt of this court, you having failed to
perform the duty imposed on you by section 26 of the
Bankruptcy Ordinance (Chapter 6) [here set out the duty
he has failed to perform]. And further take notice that
you are required to attend the court on such day at the
hour before stated to show cause why an order for your
committal should not be made.

Dated this day of .

Registrar
_____________

Form 100
[s. 53(5) & rule 30]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-330
Cap. 6B

Notice of application for committal under section


53(5)

(Title)

To [here insert name, address and description of the


person to whom the notice is to be sent].

Take notice that the trustee [or Official Receiver] of


the property of the bankrupt will on the day
of , at o’clock in the noon,
apply to the court for an order for your committal to
prison for contempt of this court you having failed to
pay and deliver to him certain moneys [and securities]
belonging to the bankrupt in your possession or power as
[here state whether as treasurer, banker, etc.], that is to
say [here set out and describe the particular moneys and
securities]. And further take notice that you are required
to attend the court on such day at the hour before stated
to show cause why an order for your committal should
not be made.

Dated this day of .

Registrar
_____________

Form 101
[s. 110]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-332
Cap. 6B

Order of committal under section 110

(Title)

Whereas by an order of this court made on the


day of , [here recite the order]. Now upon
the application of C.D., of , and upon hearing
A.B. [or as the case may be], [or if he does not appear]
reading the affidavit of [here insert name and description
of person by whom the order was served on A.B.], and
upon reading the affidavit of [enter evidence], the court
being of opinion that the said A.B. has been guilty of a
contempt of this court by his disobedience of the said
order, it is ordered that the said A.B. do stand committed
to [here insert prison] for his said contempt.

Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 102
[s. 26(4)]
Order of committal under section 26

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-334
Cap. 6B

Upon the application of the trustee [or Official


Receiver] of the property of the bankrupt, and upon
hearing the bankrupt [or if he does not appear], and
reading the affidavit of [here insert name and description
of person by whom the notice to show cause was served]
and upon reading the affidavit of [enter evidence], the
court being of opinion that the bankrupt has been guilty
of a contempt of this court by having failed to [here
follow the notice], it is ordered that the bankrupt do stand
committed to [here insert prison] for his said contempt.

Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 103
[s. 53(5)]
Order of committal under section 53(5)

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-336
Cap. 6B

Upon the application of the trustee of the property


of the bankrupt, and upon hearing L.M. [or if L.M. does
not appear] and reading the affidavit of [here insert name
and description of person by whom the notice to show
cause was served] and upon reading the affidavit of [enter
evidence] the court being of opinion that L.M. has been
guilty of a contempt of this court by having failed to
pay and deliver to the said trustee certain moneys [and
securities] [here follow the notice], it is ordered that the
said L.M. do stand committed to [here insert prison] for
the said contempt.

Dated this day of .

Registrar
_____________

Form 104
[s. 26(4) & rule 30]

Affidavit of non-compliance with order of court

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-338
Cap. 6B

I, L.M. of make oath and say—

1. That G.H. of was by an order


of the court made on the day of ,
ordered to [here set out order].

2. That [a copy of] the said order was duly served


on the said G.H.

3. That the said G.H. has failed to obey the order.


Sworn, etc.

(Signature)
_____________

Form 105
[rule 26]
Warrant of committal for contempt

(Title)

To the Bailiff of the High Court of Hong Kong and


his assistants and to all police officers of Hong Kong and
to the Commissioner of Correctional Services.

Whereas by an order of this court bearing date the


day of , it was ordered that the said
debtor or bankrupt [or L.M. of ] should stand
committed for contempt of this court.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-340
Cap. 6B

These are therefore to require you the said bailiff,


and others, to take the said debtor or bankrupt [or L.M.]
and to deliver him to the Commissioner of Correctional
Services, and you the said Commissioner to receive the
said debtor or bankrupt [or L.M.], and him safely to keep
in prison in your custody until such time as this court
shall order; and you the said Commissioner shall, while
the said debtor or bankrupt [or L.M.] is in your custody,
at all times when the court shall so direct produce the said
debtor or bankrupt [or L.M.] before the court.

Dated this day of .

Registrar
(G.N.A. 124 of 1955; L.N. 232 of 1984; L.N. 81 of 1998; 25 of 1998 s. 2)
_____________

Form 106

Order for discharge from custody on contempt

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-342
Cap. 6B

Upon application made this day


of for A.B., who was committed to prison
for contempt by order of this court, dated the day
of , and upon reading his affidavit
showing that he has cleared [or is desirous of clearing]
his contempt and has paid the costs occasioned thereby,
and upon hearing the trustee [or Official Receiver or C.D.
of ], it is ordered that the Commissioner
of Correctional Services do discharge the said A.B. out of
his custody, as to the said contempt.

Dated this day of .

Registrar
(L.N. 232 of 1984)
_____________

Form 107

Order for production of person in prison for


examination before the court

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-344
Cap. 6B

Upon application made this day of


by [applicant] for an order for the production of A.B.,
who was committed to prison for contempt by order
of this court dated the day of ,
for examination before this court, it is ordered that the
Commissioner of Correctional Services do cause the said
A.B. to be brought in custody before the court at
on the day of for examination
before the court, and afterwards to be taken back to prison
to be there safely kept pursuant to the said order.

Dated this day of .

Registrar
(L.N. 232 of 1984)
_____________

Form 108
[s. 54 & rule 26]

Search warrant

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-346
Cap. 6B

Whereas by evidence duly taken upon oath it hath


been made to appear to the court that there is reason
to suspect and believe that property of the said debtor
or bankrupt is concealed in the house [or other place,
describing it, as the case may be] of one X.M., of
such house [or place] not belonging to
the said debtor or bankrupt.

These are therefore to require you to enter in the


daytime into the house [or other place, describing it]
of the said X.M. situate at aforesaid, and
there diligently to search for the said property, and if any
property of the said debtor or bankrupt shall be there
found by you on such search, that you seize the same, to
be disposed of and dealt with according to the provisions
of the Bankruptcy Ordinance (Chapter 6).

Dated this day of .

Registrar

To the Bailiff of the High Court and his assistants


(L.N. 81 of 1998; 25 of 1998 s. 2)
_____________

Form 109
[s. 27 & rule 26]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-348
Cap. 6B

Warrant of seizure

(Title)

Whereas on the day of ,a


bankruptcy order was made against the said bankrupt:
These are therefore to require you forthwith to enter into
and upon the house and houses, and other the premises of
the said bankrupt, and also in all other place and places
belonging to the said bankrupt where any of his goods
and moneys are, or are reputed to be; and there seize all
the ready money, jewels, plate, household stuff, goods,
merchandise, books of account, and all other things
whatsoever, belonging to the said bankrupt, except his
necessary clothing, bedding, furniture and household
equipment, as excepted by the Bankruptcy Ordinance
(Chapter 6).

And that which you shall so seize you shall safely


detain and keep in your possession until you shall receive
other orders in writing for the disposal thereof from the
trustee [or Official Receiver]; and in case of resistance or
of not having the key or keys of any door or lock of any
premises belonging to the said bankrupt where any of his
goods are or are suspected to be, you shall break open, or
cause the same to be broken open, for the better execution
of this warrant.

Dated this day of .

Registrar

To the Bailiff of the High Court and his assistants


(L.N. 81 of 1998; 25 of 1998 s. 2)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-350
Cap. 6B

_____________

Form 110
[s. 27 & rules 26 & 27]

Warrant against debtor about to quit Hong Kong,


etc.

(Title)

To the Bailiff of the High Court of Hong Kong and


his assistants and to all police officers of Hong Kong and
to the Commissioner of Correctional Services.

Whereas, by evidence taken upon oath, it hath been


made to appear to the satisfaction of the court that there
is probable reason to suspect and believe that the said
A.B., of has absconded and gone outside Hong
Kong [or quitted his place of residence], [or is about to
go outside Hong Kong (or quit his place of residence)]
with a view to avoiding service of a bankruptcy petition
[or to avoiding appearing in a bankruptcy petition, or
to avoiding examination in respect of his affairs, or
otherwise delaying or embarrassing the proceedings in
bankruptcy or to avoiding payment of a debt in respect of
which a statutory demand has been served or an attempt
to serve a statutory demand has been made].

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-352
Cap. 6B

[Or that there is probable cause to suspect and


believe that the said A.B. is about to remove his goods or
chattels with a view to preventing or delaying such goods
or chattels being taken possession of by the trustee of the
property of the bankrupt or that the said A.B. has concealed
(or is about to conceal or destroy) his goods or chattels,
or some of them, or his books, documents or writings,
or some or one of them, which books, documents or
writings, or some or one of them, may be of use to the
creditors in the course of the bankruptcy of the said A.B.]

[Or that it hath been made to appear to the


satisfaction of this court that the said A.B. has removed
certain of his goods and chattels in his possession, above
the value of $500, without the leave of the Official
Receiver or trustee, that is to say (here describe the goods
or chattels).]

[Or that the said A.B. did without good cause fail to
attend at this court on the day of ,
for the purpose of being examined, according to the
requirements of an order of this court made on the
day of , directing him so to attend.]

[Or that there is probable cause for believing that


the said A.B. has committed an offence punishable under
the Bankruptcy Ordinance (Chapter 6).]

These are therefore to require you the said bailiff,


and others, to take the said A.B. and to deliver him to the
Commissioner of Correctional Services and you the said
Commissioner to receive the said A.B., and him safely to
keep in prison until such time as this court may order.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-354
Cap. 6B

Dated this day of .

Registrar
(G.N.A. 124 of 1955; L.N. 46 of 1964; L.N. 232 of 1984; L.N. 81 of 1998;
23 of 1998 s. 2; 25 of 1998 s. 2)
_____________

Form 111
[s. 28]
Order to Postmaster General under section 28

(Title)

Upon the application of the Official


Receiver [or the trustee] of the property of the above
bankrupt, it is ordered that for a period of 3 months
from the day of , all post letters,
(a) Here insert telegrams and postal packets directed or addressed to the
the full address or said bankrupt, at (a) shall be re-directed,
addresses. sent or delivered by the Postmaster General, or officers
(b) “the said acting under him, to (b) except any
Official Receiver letter on which there is a specific direction signed by the
[or trustee] at Official Receiver [or trustee] that it is to be delivered as
” or
otherwise as the
addressed, if possible, and that a sealed duplicate of this
court may direct. order be forthwith transmitted by the Official Receiver [or
trustee] to the Postmaster General, or officers acting under
him.
Dated this day of .

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-356
Cap. 6B

Registrar
(L.N. 81 of 1998)
_____________

Form 112
[s. 29 & rule 25]

Summons under Section 29

(Title)

(a) Insert the Let (a)


name and address
of the person to attend before__________________________ as follows—
attend court.
(b) Insert the Date __________________________________________
name of the person
to attend court. Time _____________________________________ hours

Place __________________________________________

__________________________________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-358
Cap. 6B

(c) State on the hearing of an application by the Official Receiver


any particular
documents or trustee for an order that (b) ________ shall attend the
required, e.g., court at such time and place as the court shall direct for
all ledgers the purpose of giving evidence in the above matter, and
and books of
then and there to have and produce (c) ________ .
account, invoices,
statements of
account, letters, Dated this day of .
books, papers
and documents of
every kind, in any
manner relating to
your dealings and
transactions with
A.B. a bankrupt,
touching a debt
alleged to be due
by you to the said
bankrupt’s estate
amounting to the
sum of $ . Registrar

Note:
This summons is issued on the application of the Official
Receiver or trustee, and take notice, that if the sum of $
, stated to be due by you to this estate, be paid to
, Official Receiver or trustee, at , on
or before the day of , this summons
will be discharged.
If you fail without lawful impediment to attend the court
at such time and place as the court shall direct, the court
may by warrant cause you to be apprehended and brought
up for examination.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-360
Cap. 6B

If you commit perjury while giving evidence in connection


with this matter, you will be liable on conviction to
imprisonment for 7 years and a fine.
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Form 113
[s. 29 & rule 25]

Admission of debt by debtor of bankrupt

(Title)

In the matter of A.B. of , a bankrupt.

I, the undersigned J.K. of , do hereby


admit that I am indebted to the said bankrupt in the sum
of $ upon the balance of accounts between
myself and the said bankrupt.

J.K.
Dated this day of .

Witness,
C.D., Registrar,
[or Official Receiver]
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-362
Cap. 6B

Form 114
[s. 29 & rule 25]

Order to pay debt

(Title)

Whereas on the examination before the court of


J.K. of , it has appeared to the court that the
said J.K. is indebted to the said bankrupt in the sum of
$ , on the balance of accounts between
him and the bankrupt; it is ordered that the said J.K. do
pay to the trustee of the property of the bankrupt, in full
discharge of the said sum the sum of $ forthwith [or
if otherwise state the time and manner of payment], and
do further pay to the said trustee the sum of $ for
costs.
Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 115
[s. 29 & rules 26 & 28]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-364
Cap. 6B

Warrant to apprehend a person summoned under


section 29

(Title)

To the Bailiff of the High Court of Hong Kong and


his assistants and to all police officers of Hong Kong and
to the Commissioner of Correctional Services.

Whereas by summons dated the day of ,


and directed to A.B., of [or F.M., of ],
the said A.B. [or F.M.] was required personally to be and
appear on the day of
at o’clock in the noon at the court to be
examined [and produce such document as hereinafter
mentioned] which said summons was afterwards on
the day of as hath been proved
upon oath duly served upon the said and
a reasonable sum was tendered him for his expenses,
and whereas the said having no lawful
impediment made known to and allowed by the court
at the time of its sitting hath refused to appear before
the court at the time appointed [and/or hath refused to
produce a document in his custody or power relating to
the bankrupt, his dealings, or property which the court has
required him to produce]. These are, therefore, to require
and authorize you and every of you, the said bailiff
and your assistants and police officers and constables
immediately upon receipt hereof to take the said A.B. [or

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-366
Cap. 6B

F.M.], and bring him before this court at such time and
place as this court shall direct, in order to his being
examined as aforesaid, and in the meantime him safely
to keep or deliver to the Commissioner of Correctional
Services and forthwith, after such taking and delivery, to
report the same to the court, and obtain its direction or
order fixing a day, time and place for the examination of
the said A.B. [or F.M.], and you the said Commissioner of
Correctional Services to receive the said A.B. [or F.M.],
and him safely keep in prison and in your custody to
await the direction or order of the court, and to produce
him before the court at such time and place as shall be
specified in such direction or order, and for so doing this
shall be a sufficient warrant to you and every of you.
Dated this day of .

Registrar
(L.N. 232 of 1984; L.N. 81 of 1998; 25 of 1998 s. 2)
_____________

Form 116
[s. 29 & rule 28]

Order for production of person apprehended under


warrant under section 29 for examination before
the court

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-368
Cap. 6B

Upon report made to the court the day of


, that A.B. has been apprehended under a warrant
issued by the court on the day of , it
is ordered that the Commissioner of Correctional Services
do cause the said A.B. to be brought in custody before the
court sitting on the day of at
o’clock in the noon for examination before
the court, and in the meantime to be safely kept, and
afterwards if the court shall so direct to be taken back to
prison and there safely kept pursuant to the said warrant.

Dated this day of .

Registrar
(L.N. 232 of 1984)
_____________

Last updated date


Verified Copy 29.12.2023
Form 117
Schedule
[rule 127]

Register of assignment of book debts


Satisfaction Assignor Assignee Nature of Date of
entered* assign- Consid- regist-
Occu- Occu-
ment eration Date ration Remarks
No. Name Address pation Name Address pation

Verified Copy
Bankruptcy (Forms) Rules

* For use only in case of assignment by way of security or other charge.


(L.N. 232 of 1984)
Cap. 6B
S-370

29.12.2023
Last updated date
Bankruptcy (Forms) Rules

Schedule S-372
Cap. 6B

_____________

Form 118
[s. 43E & rule 128]

Notice of Application for Income Payment Order

(Title)

To A.B.

Take notice that I intend to apply to the court on the


day of , ,
at o’clock in the noon, for an order under section
43E of the Bankruptcy Ordinance (Chapter 6) for the
payment of a part of your pay [or salary or income] to me as
trustee for the benefit of the creditors under your bankruptcy.
Unless at least 7 days before the date fixed for the hearing
you send to the court and to me written consent to an order
being made in the terms of the application, you are required
to attend the hearing; and if you attend, you will be at liberty
to show cause why the order should not be made, or an order
should be made otherwise than as applied for by me.
Dated this day of , .

G.H., Trustee
(L.N. 81 of 1998)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-374
Cap. 6B

Form 119

(Omitted as spent)

_____________

Form 120
[rule 128A(1)]
Order for Income Claimed under Section 43E(3)(a)
of the Bankruptcy Ordinance (Chapter 6)

(Title)

in chambers

(a) Insert full Upon the application of (a)


name and address
of applicant.

And upon hearing


(b) Delete as (b) [And upon the consent of the above-named
applicable. bankrupt] it appears to the court that the sum of $(c)
(c) Insert total should be paid by the above-named bankrupt by (d)
amount to be paid.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-376
Cap. 6B

(d) Insert to the trustee until (e)


intervals at which
instalments are It is ordered that the above-named bankrupt to pay (d)
to be paid e.g.
weekly/monthly
and amount to
be paid in each out of his income, the first of such instalments to be made
instalment. on or before (f)
(e) Insert date to
which order is to
remain in force.
(f) Insert date of And it is ordered that the above-named bankrupt do
first payment. send the payments to (g)
(g) Insert name
and address of
trustee to whom
payments are to be
sent.
Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 121
[rule 128A(2)]
Order for Income Claimed under Section 43E(3)(b)
of the Bankruptcy Ordinance (Chapter 6)

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-378
Cap. 6B

in chambers

(a) Insert full Upon the application of (a)


name and address
of applicant.

And upon hearing


(b) Delete as (b) [And upon the consent of the above-named
applicable. bankrupt] it appears to the court that the sum of $(c)
(c) Insert total should be paid by the above-named bankrupt by (d)
amount to be paid.
(d) Insert
to the trustee until (e)
intervals at which
instalments are
to be paid e.g.
It is ordered that (f)
weekly/monthly
and amount to do take (d)
be paid in each out of the above-named bankrupt’s income, the first of such
instalment.
instalments to be paid on or before (g)
(e) Insert date to
which order is to And it is ordered that (f)
remain in force.

(f) Insert full do send the sums deducted to (h)


name and address
of payer.
(g) Insert date of
first payment. Dated this day of .
(h) Insert name
and address of
trustee to whom Registrar
payments are to be
sent.

(L.N. 81 of 1998)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-380
Cap. 6B

Form 122

(Omitted as spent)

_____________

Form 123
[s. 59 & rule 130]

Notice to landlord of intention to disclaim leasehold


property not sublet or mortgaged

(Title)

(a) lease or Take notice that I intend to disclaim the (a)


tenancy as the case dated whereby (b)
may be.
was let to the above-named bankrupt as a rent of $
(b) Here specify
property let. If you require the matter to be brought before the
court, you must give notice thereof to me in writing within 7
days of the receipt by you of this notice.

Dated this day of .

Trustee

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-382
Cap. 6B

To
The landlord of the above-mentioned
property
_____________

Form 124
[s. 59 & rule 130]

Notice of intention to disclaim leasehold property


sublet or mortgaged

(Title)

(a) Here insert Take notice that I intend to disclaim the lease dated
particulars of whereby (a)
demised property.
was let to (b) at a rent of $
(b) the above-
named bankrupt or If you require the matter to be brought before the
as the case may be. court, you must give notice thereof to me in writing within
14 days of the receipt by you of this notice.

Dated this day of .

Trustee

To
The landlord of the above-mentioned
premises and

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-384
Cap. 6B

To
The sub-tenant, or mortgagee
_____________

Form 125
[s. 59 & rule 130]

Disclaimer without notice of intention to disclaim

(Title)

(a) lease dated I, , the trustee of the property of the


the above-named bankrupt, hereby disclaim the (a) of
or as the
the premises (b) which were let to the above-
case may be.
named bankrupt (c) at a rent of $ per
(b) Insert
description of the Notice of this disclaimer has been given to (d)
property.
(c) on a tenancy
or for a term of Dated this day of .
years or as the
case may be.
(d) Insert names
and addresses of
persons to whom
notice given.
Trustee
(G.N.A. 124 of 1955)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-386
Cap. 6B

Form 126
[s. 59 & rule 130]

Disclaimer of leasehold property after notice


to landlord, mortgagees, etc.

(Title)

Pursuant to notice dated the day of ,


(a) Here
insert names addressed to (a) I, , the
and addresses of trustee of the property of the above-named bankrupt, hereby
persons to whom disclaim the lease dated the day of ,
notice of intention whereby (b)
to disclaim has were let to (c) at a rent of $ for a
been given.
term of
(b) Here insert
particulars of Notice of this disclaimer has been given to (d)
demised property.
(c) the above-
named bankrupt or
Dated this day of .
as the case may be.
(d) Insert names
and addresses of
persons to whom Trustee
notice of disclaimer
has been given.
(Address)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-388
Cap. 6B

Form 127
[s. 59 & rule 130]

Disclaimer of lease with leave of court

(Title)

Pursuant to an order of court dated the day


of , I, , the trustee of the
(a) Insert property of the above-named bankrupt, hereby disclaim all
description of interest in the lease dated the day of ,
the property whereby the premises (a) were demised
disclaimed. to at a rent of $ per annum, for a term
of

Notice of this disclaimer has been given to

Dated this day of .

Trustee
_____________

Form 128
[s. 59 & rule 130]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-390
Cap. 6B

Notice of disclaimer without leave of court

(Title)

Take notice that, by writing under my hand,


bearing date the day of ,
(a) the lease I, , the trustee of the property of the above-
dated the day named bankrupt, disclaimed (a) of
of or as the the premises known as (b) which
case may be. were let to (c) at a rent of
(b) Insert $ per (d)
description
of property
The above-mentioned disclaimer has been filed in
disclaimed. court with the proceedings in the bankruptcy [and has been
(c) on a tenancy
registered in the Land Registry].
or for a term of Your attention is directed to the provisions of the
years or as the Bankruptcy Ordinance (Chapter 6) on the back hereof.
case may be.
(d) Add where
necessary pursuant
Dated this day of .
to notice dated the
day of Trustee
.
To
(Address)

NOTE—On the back of this notice the provisions of subsections


(2) and (6) of section 59 of the Bankruptcy Ordinance should appear.

(G.N.A. 124 of 1955; 8 of 1993 s. 30; 20 of 2002 s. 5)


_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-392
Cap. 6B

Form 129
[s. 59 & rule 130]

Notice of disclaimer of lease with leave of court

(Title)

Take notice that pursuant to an order of court dated the


day of , I, , the
trustee of the property of the above-named bankrupt, by
writing under my hand bearing date the day of
disclaimed all interest in the lease dated the day
of , whereby the premises were
demised to at a rent of $ per annum, for a
term of .

The above-mentioned disclaimer has been filed in


court with the proceedings in the bankruptcy [and has been
registered in the Land Registry].

Dated this day of .

Trustee

To
(Address)
(G.N.A. 124 of 1955; 8 of 1993 s. 30; 20 of 2002 s. 5)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-394
Cap. 6B

Form 130
[s. 59 & rule 130]

Form of notice by landlord or other person


requiring trustee to bring matter of intended
disclaimer of property burdened with
onerous covenants before the court

(Title)

To:
Trustee of the property of the above-named bankrupt

Sir,
I hereby give you notice that the bankrupt was,
at the date of the bankruptcy order, interested as lessee
[or as the case may be] in the property described in the
schedule to this notice, and that as such lessee [or as the
case may be] the bankrupt was liable in respect of [set
out nature of the bankrupt’s liability] which liability has
devolved on you as trustee in bankruptcy of his property,
and I hereby require you to bring the matter of your
intended disclaimer of the bankrupt’s interest in the said
property before the court.

I am, etc.,

(Signature)
[State how interested in the property]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-396
Cap. 6B

Schedule to notice when given by lessor

Names, Names and Particulars


Date addresses and Full Term Date of addresses of any
of descriptions description and assignment of parties to notices of
lease of parties of property rent to bankrupt assignment mortgage
to lease leased (if any) (if any) of lease by
bankrupt

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-398
Cap. 6B

Schedule to notice when given by mortgagee or assignee

Particulars
Date Names Names of any
of and Descrip- Term Date and Term Amount transfer of
lease addresses tion of and of addresses con- secured mortgage,
of parties prop- rent mort- of parties veyed by mort- with
to lease erty gage to by gage dates and
leased mortgage mort- names and
gage descriptions
of parties
thereto

(L.N. 81 of 1998)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-400
Cap. 6B

Form 131
[s. 82(3) & rule 174]
Application for directions by trustee

(Title)

I desire to make application to the court for its


directions [here state the particular matter in relation to
which they are sought].

Trustee

Let this application be heard on the day of


, at o’clock in the noon, and let
the trustee give notice to [here insert the persons to whom
it is to be given].

Dated this day of .

Registrar
_____________

Form 132
[s. 82(3) & rule 174]

Order on application of trustee for directions

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-402
Cap. 6B

Whereas at a court held [or in chambers] this day


the trustee of the property of the bankrupt applied to the
court for its directions [here state the particular matter
in relation to which they are sought]. Now upon hearing
C.D., of on the matter, it is ordered
[here set out the order], and that the trustee
do pay out of the property of the bankrupt the sum
of the costs of this order, [and the
sum of to C.D. for his costs] [or that C.D.
do pay the sum of the costs of this order].
Dated this day of .

Registrar
_____________

Form 133

(Repealed L.N. 81 of 1998)

_____________

Form 134
[rule 144]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-404
Cap. 6B

Creditor’s petition for administration of estate


of deceased debtor under section 112

(Title)

I, C.D., of [or We, C.D., of


, and E.F. of ], hereby
petition the court that an order be made for the
administration in bankruptcy of the estate of the late [here
insert name and description of deceased debtor] who died
on the day of , and say—

1. That the said A.B. at some time within 3 years


immediately preceding his death was ordinarily resident
or had a place of residence or carried on business in Hong
Kong.
2. That the estate of the said A.B. is justly and
truly indebted to me [or us in the aggregate] in the sum
of $ [set out amount of debt or debts and the
consideration].

3. That [I] do not nor does any person on [my]


behalf hold any security on the said deceased debtor’s
estate, or on any part thereof, etc. [or as in Form No. 10,
Creditor’s petition].

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-406
Cap. 6B

4. That the estate of the said A.B. is according to


my information and belief insufficient to pay his debts.

5. That the will of the said A.B. was on the


day of , proved by J.S., of ,
and G.H., of

or

That letters of administration were on the day


of , granted to J.S., of ,
and G.H., of
or

That no probate or administration in respect of the


said estate has been applied for.

Dated this day of .


C.D.
E.F.

Signed by the petitioner in my presence.

Signature of witness

Address

Description

Endorsement

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-408
Cap. 6B

This petition having been presented to the court on


the day of , it is ordered that this
petition shall be heard at on the day
of , at o’clock in the noon.

If you, the said J.S. or G.H., intend to show cause


against the petition, you must file with the Official
Receiver a notice showing the grounds upon which you
intend to show cause, and post a copy of the notice to
petitioner or his solicitor, in each case 3 days before the
day on which the petition is to be heard.

Registrar
(L.N. 81 of 1998)
_____________

Form 135
[s. 112(9) & rule 144]

Petition by legal personal representative or Official


Administrator for order of administration
under section 112

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-410
Cap. 6B

I, C.D. of [or We,


C.D., of , and E.F., of
], hereby petition the court that
an order be made for the administration in bankruptcy of
the estate of the late [here insert name and description of
deceased debtor], who died on the day of
, and say—

1. That I am the Official Administrator of the


estate [or I am/we are] the legal personal representative [or
representatives] of the said [debtor] and that his will was
on the day of , proved by
[or that letters of administration of his estate
were on the day of ,
granted to ].

2. That the said A.B. at some time within 3 years


immediately preceding his death was ordinarily resident
or had a place of residence or carried on business in Hong
Kong.

3. That the estate of [debtor] is according to my [or


our] information and belief insufficient to pay his debts.

(Signed)

Signed by the petitioner in my presence.

Signature of witness

Address

Description

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-412
Cap. 6B

(G.N.A. 124 of 1955; L.N. 81 of 1998)


_____________

Form 136
[s. 112(4) & rule 146]

Order for administration in bankruptcy of estate of


deceased debtor upon petition

(Title)

Upon the petition of C.D., dated , and


numbered of , and upon reading
and hearing , it is
ordered that the estate of A.B., of , who
died insolvent, be administered in bankruptcy, and that
the Official Receiver be the trustee, and the costs of this
application be
Dated this day of .

Registrar
_____________

Form 137
[s. 94 & rule 169]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-414
Cap. 6B

Statement to Accompany Application for Release

(Title)

Statement showing the position of estate at the date


of application for release

$ $
Receipts
Cash found
Bank balance
Refund of utility deposits
Receipts for termination of insurance
policies
Proceeds from Court
Proceeds of sale
Book debts collected
Payment by debtor/bankrupt
Others

NET REALIZATIONS
Money paid by third party
Less: Refund
Petitioner’s deposit
Less: Refund
Distraint money
Less: Refund

Payments
Petitioner’s taxed costs
Court fees and taxing fees

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-416
Cap. 6B

Charges for publication of notices


Travelling expenses and
transportation charges
Professional fees
Photocopying charges
Official Receiver’s fees
Trustee’s remuneration
Distribution to creditors
Preferential payment ___ %
Deferred preferential payment ___ %
(a) First or Ordinary dividend (a) ___ %
final or as the
case may be. Deferred ordinary dividend ___ %
If more than Storage charges
one payment
was made, state Others
each payment
separately.

Balance

NOTES: 1. There are no further assets to be realized and no further


payments to be made to creditors.
(b) Insert 2. Creditors — (b) preferential creditors .. $
number of
creditors. (b) ordinary creditors ....... $

$
_________
3. Creditors can obtain any further information by enquiry at the
office of the trustee (add here the trustee’s address, contact
telephone number and contact person).

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-418
Cap. 6B

Dated this day of .

Trustee
(L.N. 125 of 2007; 22 of 2023 s. 53)
_____________

Form 138
[s. 67 & rule 123]

Notice to creditors of intention to declare


dividend

(Title)

(a) Insert here A (a) dividend is intended to be declared in the


first or second or above matter. You are mentioned in the bankrupt’s
final or as the case
may be. statement of affairs, but you have not yet proved your
debt.

If you do not prove your debt by the day


of , you will be excluded from this
dividend.

Dated this day of .

Trustee

(Address)
(L.N. 81 of 1998)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-420
Cap. 6B

_____________

Form 139
[s. 67 & rule 123]

Notice to persons claiming to be creditors of


intention to declare final dividend

(Title)

Take notice that a final dividend is intended to


be declared in the above matter, and that if you do not
establish your claim to the satisfaction of the court on or
before the day of , or such later
day as the court may fix, your claim will be expunged,
and I shall proceed to make a final dividend without
regard to such claim.

Dated this day of .

Trustee

(Address)
_____________

Form 140

(Repealed L.N. 81 of 1998)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-422
Cap. 6B

_____________

Form 141
[s. 67 & rule 123]

Notice of dividend

(Title)

(Please bring this dividend notice with you)

Dividend of per cent

Notice is hereby given that a dividend of


per cent has been declared in this matter, and that the
same may be received at my office, as above, on
the day of , or on any subsequent
between the hours of and

Upon applying for payment this notice must be


produced entire together with any bills of exchange,
promissory notes or other negotiable securities held by
you. If you do not attend personally you must fill up and
sign the subjoined forms of receipt and authority, when
a cheque or money order payable to your order will be
delivered in accordance with the authority.

Dated this day of .

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-424
Cap. 6B

(Signed) G.H.,
Trustee

To
_____________

Receipt
.
Received of the sum of $ ,
being the amount payable to me/us in respect of the
dividend of per cent on my/our
claim against this estate.

(Creditor’s signature)

Authority

G.H. Sir,
(a) Strike out Please deliver (a) to me/us by post, at my/our risk or
words inapplicable.
If not to be sent (a) to the bearer, Mr. the cheque or money
by post strike out order for the dividend payable to me/us in this matter.
words in italics,
and insert the name (Creditor’s signature)
of the person who
is to receive the (Date)
cheque or money
order.
To, G.H., Trustee

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-426
Cap. 6B

(G.N.A. 124 of 1955; 31 of 1981 s. 65)


_____________

Form 142
[s. 73]
Application by creditor for order for trustee to pay
dividend withheld and order thereon

(Title)

I, F.K., of , make application to this


court for an order to be made upon the trustee to pay
the dividend in this bankruptcy due to me, with interest
thereon for the time it has been withheld from me, that
is to say, from the day of , on
which day I applied to the trustee for its payment to me,
and also to pay to me the costs of this application.

Dated this day of .

F.K.

Order

Upon the reading of this application, and upon


hearing , it is ordered that the trustee do
forthwith pay to the said F.K. the sum of $ , the
amount of such dividend.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-428
Cap. 6B

And it is further ordered that the trustee do


pay to the said creditor at the same time the sum
of , for interest on such dividend, being
at the rate specified under section 49 of the High Court
Ordinance (Cap. 4) for the time that its payment has been
withheld, together with a further sum of for the
costs of this application.

Dated this day of .

Registrar

[If the court does not order payment, then after the words
it is ordered insert the order made.]
(L.N. 81 of 1998; L.N. 125 of 2007)
_____________

Form 143

Request to deliver bill for taxation

(Title)

I hereby request that you will, within 7 days of this


date or such further time as the court may grant, deliver
(a) Here state to me for taxation by the Registrar your bill of costs
capacity in which [or charges] as (a) failing which I shall,
person employed in pursuance of the Ordinance, proceed to declare and
or engaged.
distribute a dividend without regard to any claim you may
have against me or against the estate of the debtor.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-430
Cap. 6B

Dated this day of .

G.H.,
Trustee
_____________

Form 144

Allocatur for costs of debtor’s petition

(Title)

I hereby certify—

1. That I have taxed the bill of costs of ,


the debtor’s solicitor, for filing the petition herein, and
have allowed the same at the sum of $ .

2. That the deposit of paid to the


(a) is or is not. Official Receiver on the filing of the petition (a)
included in the above-mentioned sum.

3. That credit has been given in the said bill for


the sum of received on account of such costs.

Dated this day of .

$
Registrar

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-432
Cap. 6B

_____________

Form 145
[rule 190]
Certificate by creditors’ committee as to audit of
trustee’s account

We, the undersigned, members of the Creditors’


committee in the matter of , a bankrupt,
hereby certify that we have examined the foregoing
account with the vouchers, and that to the best of our
knowledge and belief the said account contains a full,
true and complete account of the trustee’s receipts and
payments on account of the estate.

Dated this day of .

A.B. 


C.D.  Creditors’ Committee

E.F. 

(L.N. 81 of 1998)
_____________

Form 146
[s. 93 & rule 191(3)]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-434
Cap. 6B

Affidavit verifying trustee’s account

(Title)

I, G.H., of , the trustee of the


property of the above-named bankrupt, make oath and
say—

* If no receipts or That *the account hereunto annexed marked


payments, strike B contains a full and true account of my receipts
out the words in
italics. and payments on account of the bankrupt’s estate
from the day of to
the day of inclusive, *and that
I have not, nor has any other person by my order or for
my use during such period, received or paid any moneys
on account of the said estate *other than and except the
items mentioned and specified in the said account.

Sworn at, etc.

G.H., Trustee
_____________

Form 147
[rule 168]
Trustee’s trading account

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-436
Cap. 6B

G.H., the trustee of the property of the bankrupt in


account with the estate.

Receipts Payments
Date $ ¢ Date $ ¢

G.H., Trustee

(Date)

We have examined this account with the vouchers


and find the same correct, and we are of opinion that the
expenditure has been proper.
Dated this day of .

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-438
Cap. 6B

Creditors’ Committee
[or Member of the Creditors’ Committee]
(L.N. 81 of 1998)
_____________

Form 148
[rule 168]
Profit and loss account (trading account)

(Title)

Profit and loss account


Dr. Cr.
$ ¢ $ ¢
Stock on hand on day Sales ......................................
of ...............
Purchases ............................. Other receipts, if any ............

Trade expenses, viz-


$ ¢ Stock on hand on day
of ................
Rent and taxes .
Wages ..............
Miscellaneous ..

Balance being profit ............

G.H., Trustee

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-440
Cap. 6B

(Date)
NOTE—This account to be submitted when the Creditors’ committee
require, and in any case at the end of the trading business carried on by the
trustee.

(L.N. 81 of 1998)
_____________

Form 149
[rule 168]
Affidavit verifying trustee’s trading account

(Title)

I, G.H., of the trustee of the


property of the above-named bankrupt, make oath and
say that the account hereto annexed is a full, true and
complete account of all money received and paid by me
or by any person on my behalf in respect of the carrying
on of the trade or business of the bankrupt, and that the
sums paid by me as set out in such account have, as I
believe, been necessarily expended in carrying on such
trade or business.

Sworn at, etc.

G.H., Trustee
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-442
Cap. 6B

Form 150
[s. 88 & rule 176]

Statement of accounts under section 88

(Title)

Receipts Payments
Date Of whom Nature of Amount Date To whom Nature of Amount
received receipt paid payment

$ ¢ $ ¢

(Signature)

Dated this day of .

_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-444
Cap. 6B

Form 151
[rule 182]
Affidavit by special manager

(Title)

I, of , make oath and say


as follows—

1. The account hereunto annexed marked with


the letter “A”, produced and shown to me at the time of
swearing this my affidavit, and purporting to be my account
as special manager of the estate or business of the above-
named debtor [bankrupt], contains a true account of all and
every sums and sum of money received by me or by any
other person or persons by my order or to my knowledge
or belief for my use on account or in respect of the said
estate or business.
2. The several sums of money mentioned in the said
account hereby verified to have been paid or allowed have
been actually and truly so paid and allowed for the several
purposes in the said account mentioned.

3. The said account is just and true in all and every


the items and particulars therein contained according to the
best of my knowledge and belief.

Sworn, etc.
(Signature)
(L.N. 81 of 1998)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-446
Cap. 6B

Form 152
[s. 94 & rule 169]

Notice to creditors of intention to apply for release

(Title)

Take notice that I, the undersigned trustee [or late


trustee] of the property of the bankrupt, intend to apply to
the court for my release, and further take notice that any
objection you may have to the granting of my release must
be notified to the court within 21 days of the date hereof.

A summary of my receipts and payments as trustee is


here annexed.
Dated this day of .

Trustee

To

K.L.,
Creditor

NOTE—Section 94(3) of the Bankruptcy Ordinance (Chapter 6)


enacts that “An order of the court releasing the trustee shall discharge
him from all liability in respect of any act done or default made by
him in the administration of the affairs of the bankrupt, or otherwise
in relation to his conduct as trustee, but any such order may be
revoked on proof that it was obtained by fraud or by suppression or
concealment of any material fact.”

_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-448
Cap. 6B

Form 153
[s. 94 & rule 169]

Application by trustee to court for release

(Title)

I, G.H., the trustee of the property of the bankrupt,


do hereby report to the court as follows—

1. That the whole of the property of the bankrupt


has been realized for the benefit of his creditors [and a
dividend to the amount of per cent has been
paid as shown by the statement hereunto annexed];
[or That so much of the property of the bankrupt
as can, according to the joint opinion of myself and the
Creditors’ committee, hereunto annexed in writing under
our hands, be realized without needlessly protracting the
bankruptcy, has been realized as shown by the statement
hereunto annexed, and a dividend to the amount of
per cent has been paid];
[or That a voluntary arrangement has been approved
by a meeting of creditors summoned under section 20E of
the Bankruptcy Ordinance.]

2. I therefore hereby apply to the court for my


release.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-450
Cap. 6B

Dated this day of .

G.H.,
Trustee
(G.N.A. 124 of 1955; L.N. 81 of 1998)
_____________

Form 154
[rule 195]
Notice of transfer of separate estate to joint estate

(Title)

Notice is hereby given that there being in the


hands of the trustee in the above bankruptcy a surplus
estimated at $ arising from the separate
estate of [name of separate partner] one of the bankrupts,
and there being no separate creditors of such bankrupt,
it is the intention of such trustee, at the expiration
of days from the appearance of this notice
in , to transfer such surplus to the credit
of the joint estate in the said bankruptcy.

Dated this day of .

Trustee
(22 of 2023 s. 53)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-452
Cap. 6B

Form 155
[rule 47]
Application to Set Aside a Statutory Demand

(Title)

(a) Insert name Let (a)


and address of
person to attend
hearing.
attend before as follows—

Date __________________________________________
Time ______________________ hours
Place __________________________________________
__________________________________________
(b) Insert name
on the hearing of an application by (b)
of debtor.
the applicant for an order that the statutory demand dated
be set aside.

The grounds on which the applicant claims to be


(c) Insert date.
entitled to the order are set out in the affidavit of the
applicant sworn on (c)
a copy of which affidavit accompanies this application.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-454
Cap. 6B

(d) State The names and addresses of the persons upon whom
the names and this application should be served are—(d)
addresses of the
persons to be
served.
The bankrupt’s address for service is—(e)
(e) State the Dated this day of .
applicant’s address
for service.

Signed _____________________________
(Solicitor for the) Applicant

If you do not attend, the court may make such order


as it thinks fit.
(L.N. 81 of 1998)
_____________

Form 156
[rule 48]
Order Setting Aside Statutory Demand

(Title)

(a) Insert name Upon the application of (a) ____________________


and address of
applicant. _______________________________________________
_______________________________________________

and upon hearing _________________________________


and upon reading the evidence.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-456
Cap. 6B

It is ordered that the statutory demand dated _______


be set aside.
(b) Insert details
And it is ordered that (b) ______________________
of any further order
in the matter. _______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________

Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 157
[s. 30D(1)]
Order under Section 30D(1) of the Bankruptcy
Ordinance (Chapter 6)

(Title)

in chambers

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-458
Cap. 6B

(a) Insert name, Upon the application of (a)


address and
description of
applicant. And upon hearing

And upon reading the evidence filed

It is ordered that—
(b) Insert name (b)
and address of
Inland Revenue
Official who is
to produce the do produce to the court (c) [the following documents (d)—]
documents. [the documents set out in the schedule to this order]
(c) Delete as
applicable.
(d) Insert (c) [by (e)]
description of
documents to be
produced.
(e) Insert any within (f)
requirements as
to the manner
in which the
documents are to
be produced.
(f) Insert time
within which
production required
(not less than 21
days after the date
of the order).
Dated this day of .

Registrar
(L.N. 81 of 1998)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-460
Cap. 6B

_____________

Form 158
[s. 30D(3)]
Order under Section 30D(3) of the Bankruptcy
Ordinance (Chapter 6)

(Title)

in chambers

(a) Insert name, Upon the application of (a)


address and
description of
applicant. And upon hearing

And upon reading the evidence filed

It is ordered that—
(b) Insert details (b)
of documents to be
disclosed.
(c) Insert date which were produced to this court in compliance with an
of order under
section 30D(1) of
order dated (c)
the Bankruptcy under section 30D(1) of the Bankruptcy Ordinance (Chapter
Ordinance (Chapter 6) be disclosed to—
6).

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-462
Cap. 6B

(d) Insert the (d)


name of the trustee
who must be the
Official Receiver,
a certified public
accountant or And it is ordered that the above-named be at liberty to
a solicitor. See inspect and peruse the documents so produced and to make
section 30D(1) of notes of the contents thereof and to be entitled to be supplied
the Bankruptcy with copies thereof on payment of the proper charges.
Ordinance (Chapter
6). (e)
(e) Insert any
further order
regarding means of
disclosure. Dated this day of .
Registrar
(L.N. 81 of 1998; 23 of 2004 s. 56)
_____________

Form 159
[s. 30D(3)]
Application for Order under Section 30D(3) of
the Bankruptcy Ordinance (Chapter 6)

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-464
Cap. 6B

(a) Delete as I, , the [Official Receiver and] (a) trustee


applicable. of the property of hereby apply for an
(b) Insert details order that (b)
of documents to be
disclosed. which were produced to this court in compliance with an
(c) Insert date order dated (c) under section 30D(1) of the
of order under Bankruptcy Ordinance (Chapter 6) be disclosed to—(d)
section 30D(1) of
the Bankruptcy
Ordinance (Chapter
6).
(d) Insert the
name of the trustee
who must be the And for an order that the above-named be at liberty to
Official Receiver, inspect and peruse the documents so produced and to make
a certified public notes of the contents thereof and to be entitled to be supplied
accountant or with copies thereof on payment of the proper charges.
a solicitor. See
section 30D(1) of
the Bankruptcy
Ordinance (Chapter
6).
(e) Insert (e)
any further
order required
regarding means of
disclosure. Dated this day of .

[Official Receiver and] (a) Trustee


(L.N. 81 of 1998; 23 of 2004 s. 56)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-466
Cap. 6B

Form 160
[s. 30D(1)]
Application for Order under Section 30D(1) of
the Bankruptcy Ordinance (Chapter 6)

(Title)

(a) Delete as I, , the [Official Receiver and] (a)


applicable. trustee of the property of hereby
apply for an order that the Commissioner of Inland
(b) Insert Revenue shall produce to the Court (a) [the following
description of documents] (b) [the documents set out in the schedule to
documents to be
produced.
this order]

(c) Insert any (b) [by (c)]


requirements as
to the manner
in which the
documents are to
be produced.

(d) Insert time within (d)


within which
production is
required (not less
than 21 days after
the date of the Dated this day of .
order).

[Official Receiver and] (a) Trustee


(L.N. 81 of 1998)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-468
Cap. 6B

Form 161
[rule 47]
Affidavit in Support of Application to Set Aside
Statutory Demand

(Title)

(a) Insert name, I, (a) _______________________________________


address and
description of _______________________________________________
person making the _______________________________________________
oath. _______________________________________________
make oath and say as follows—
(b) Insert date.
1. That on (b) the statutory
demand exhibited hereto and marked “A” came into my
hands.

(c) Insert one 2. That I (c)


of the 8 following
possibilities or if
none of them is
applicable state
grounds on which
you consider the
statutory demand
should be set aside.
(1) “Do not
admit the debt
because ...” [here
state grounds]; or

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-470
Cap. 6B

(2) “Admit
the debt but not
that it is payable
immediately” [state
reason]; or
(3) “Admit the
debt as to
$ , and that
this is payable but
that the remainder
is not immediately
payable. I am
prepared to pay the
amount of $ ,
immediately” [state
reason]; or
(4) “Admit
the debt and am
prepared to secure
or compound for
it to the creditor’s
satisfaction by ...
” [state nature of
satisfaction]; or
(5) “Say that the
debt is a secured
debt” [give full
details of security
and its value]; or

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-472
Cap. 6B

(6) “Have a
counterclaim (or
set-off or cross
demand) for $
being a sum equal
to (or exceeding)
the claim in
respect of” [here
state grounds of
counterclaim etc.];
or
(7) “Say that
execution on the
Judgment of the
Court has been
stayed” [give
details]; or
(8) “Say that the
demand does not
comply with the
Bankruptcy Rules Sworn at __________________
(Cap. 6 sub. leg.
A) in that ...” [state Date______________________ Signature __________
reason]. Before me ________________
(L.N. 81 of 1998)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-474
Cap. 6B

Form 162
[rule 44]
Statutory Demand under Section 6A(1)(a) of the Bankruptcy
Ordinance (Chapter 6) Debt for Liquidated Sum Payable Immediately
Following a Judgment or Order of the Court

(Title)

Warning
‧ This is an important ‧ If you are in any doubt about your
document. You must deal position, you should seek advice
with this demand within immediately from a solicitor.
21 days of its service
upon you or you could be ‧ There are additional notes overleaf.
made bankrupt and your
property and goods taken
away from you. Please
read this demand and
notes carefully.

Demand Notes for Creditor


To _________________________________ ‧ If the creditor is entitled
Address __________________________ to the debt by way of
__________________________ assignment, details of the
original creditor and any
intermediary assignees
should be given in Part
C on page 2.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-476
Cap. 6B

This demand is served on you by the ‧ If the amount of debt


creditor— includes interest, details
should be given in
Name ______________________________
column (2), including
Address __________________________ the grounds upon which
__________________________ interest is charged. The
The creditor claims that you owe the amount of interest must
following debt and that it is payable be shown separately in
immediately and, to the extent of the sum column (3).
demanded, is unsecured— ‧ Any other charge
Amount due accruing due from time
When Description as at the to time may be claimed.
incurred of debt date of this The amount or rate of the
demand charge must be identified
and the grounds on
(1) (2) (3)
which it is claimed must
_________ __________ ___________ be stated.
_________ __________ ___________ ‧ In either case the amount
_________ __________ ___________ claimed must be limited
_________ __________ ___________ to that which has accrued
_________ __________ ___________ due at the date of the
_________ __________ ___________ demand.

Amount of Debt $
By a Judgment/order of the _____________
court in proceedings entitled Number
_______________ between Plaintiff and
________________ Defendant it was
adjudged/ordered that you pay to the
Plaintiff creditor the sum of $ __________
and $ __________ for costs.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-478
Cap. 6B

The creditor demands that you pay the ‧ If the creditor holds any
above debt or compound for it to the security the amount of
creditor’s satisfaction. debt should be the sum
the creditor is prepared
Signature ___________________________ to regard as unsecured
Name for the purposes of this
(BLOCK LETTERS) __________________ demand. Brief details of
the total debt should be
Date _______________________________ included in column (2),
Position with or relationship to creditor ___ and the nature of the
___________________________________ security and the value put
upon it by the creditor, as
Address ____________________________ at the date of the demand,
Tel. No. ____________________________ must be specified.
‧ If signatory is a solicitor
Ref. No. ____________________________
or other agent of the
NB The person making the demand creditor the name of his/
must complete the whole of this her firm should be given.
page and Parts A, B and C on page
2.

Part A

Appropriate court for setting aside demand

Any application by you to set aside this demand should be made to the
Court of First Instance.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-480
Cap. 6B

Part B

The person or persons to whom any communication regarding the demand


may be addressed is/are—

Name and
Address ____________________________________________________
____________________________________________________
____________________________________________________
Tel. No. ____________________________________________________
____________________________________________________

Part C

For completion if the creditor is entitled to the debt by way of assignment.

Name Date(s) of Assignment


Original creditor
Assignees

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-482
Cap. 6B

How to comply with a statutory demand or have it set aside

If you wish to avoid a bankruptcy petition being presented against you,


you must pay the debt set out on page 1 of this notice within the period of
21 days of service upon you. Alternatively, you can attempt to come to a
settlement with the creditor. To do this you should—

‧ inform the person or persons (or one of the persons) named in Part B
above immediately that you are willing and able to offer security for the
debt to the creditor’s satisfaction; or

‧ inform the person or persons (or one of the persons) named in Part B
immediately that you are willing and able to compound for the debt to
the creditor’s satisfaction.

If you dispute the demand in whole or in part you should—

‧ contact the person or persons (or one of the persons) named in Part B
immediately.

If you consider that you have grounds to have this notice set aside or if you
do not receive a satisfactory written reply from the person or persons (or
one of the persons) named in Part B before the expiration of 18 days after
the service you should—

‧ apply without delay to the Court of First Instance to have the notice set
aside.

Remember: You have only 21 days from the date of service on you
of this document before the creditor may present a
bankruptcy petition.
(L.N. 81 of 1998)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-484
Cap. 6B

Form 163
[rule 44]
Statutory Demand Under Section 6A(1)(a) of the Bankruptcy
Ordinance (Chapter 6) Debt for Liquidated Sum Payable Immediately

(Title)

Warning
‧ This is an important ‧ If you are in any doubt about your
document. You must deal position, you should seek advice
with this demand within immediately from a solicitor.
21 days of its service
upon you or you could be ‧ There are additional notes overleaf.
made bankrupt and your
property and goods taken
away from you. Please
read this demand and
notes carefully.

Demand Notes for Creditor


To _________________________________ ‧ If the creditor is entitled
Address __________________________ to the debt by way of
__________________________ assignment, details of the
original creditor and any
intermediary assignees
should be given in Part
C on page 2.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-486
Cap. 6B

This demand is served on you by the ‧ If the amount of debt


creditor— includes interest, details
should be given in
Name ______________________________
column (2), including
Address ____________________________ the grounds upon which
__________________________ interest is charged. The
The creditor claims that you owe the amount of interest must
following debt and that it is payable be shown separately in
immediately and, to the extent of the sum column (3).
demanded, is unsecured— ‧ Any other charge
accruing due from time
Amount due to time may be claimed.
When Description as at the The amount or rate of the
incurred of debt date of this charge must be identified
demand and the grounds on
(1) (2) (3) which it is claimed must
be stated.
_________ __________ ___________
_________ __________ ___________ ‧ In either case the amount
claimed must be limited
_________ __________ ___________
to that which has accrued
_________ __________ ___________ due at the date of the
_________ __________ ___________ demand.
_________ __________ ___________

Amount of Debt $

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-488
Cap. 6B

The creditor demands that you pay the ‧ If the creditor holds any
above debt or compound for it to the security the amount of
creditor’s satisfaction. debt should be the sum
the creditor is prepared
Signature ___________________________ to regard as unsecured
for the purposes of this
Name demand. Brief details of
(BLOCK LETTERS) __________________ the total debt should be
Date _______________________________ included in column (2),
and the nature of the
Position with or relationship to creditor ___ security and the value put
______________________ (duly authorized) upon it by the creditor, as
at the date of the demand,
Address ____________________________
must be specified.
Tel. No. ____________________________ ‧ If signatory is a solicitor
Ref. No. ____________________________ or other agent of the
creditor the name of his/
NB The person making the demand
her firm should be given.
must complete the whole of this
page and Parts A, B and C on page
2.

Part A

Appropriate court for setting aside demand

Any application by you to set aside this demand should be made to the
Court of First Instance.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-490
Cap. 6B

Part B

The person or persons to whom any communication regarding the demand


may be addressed is/are—

Name and
Address ____________________________________________________
____________________________________________________
____________________________________________________
Tel. No. ____________________________________________________

Part C

For completion if the creditor is entitled to the debt by way of assignment.

Name Date(s) of Assignment


Original creditor
Assignees

How to comply with a statutory demand or have it set aside


If you wish to avoid a bankruptcy petition being presented against you,
you must pay the debt set out on page 1 of this notice within the period of
21 days of service upon you. Alternatively, you can attempt to come to a
settlement with the creditor. To do this you should—

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-492
Cap. 6B

‧inform the person or persons (or one of the persons) named in Part B
above immediately that you are willing and able to offer security for the
debt to the creditor’s satisfaction; or

‧inform the person or persons (or one of the persons) named in Part B
immediately that you are willing and able to compound for the debt to
the creditor’s satisfaction.

If you dispute the demand in whole or in part you should—

‧contact the person or persons (or one of the persons) named in Part B
immediately.

If you consider that you have grounds to have this notice set aside or if you
do not receive a satisfactory written reply from the person or persons (or
one of the persons) named in Part B before the expiration of 18 days after
the service you should—

‧apply without delay to the Court of First Instance to have the notice set
aside.

Remember: You have only 21 days from the date of service on you
of this document before the creditor may present a
bankruptcy petition.
(L.N. 81 of 1998)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-494
Cap. 6B

Form 164
[rule 44]
Statutory Demand Under Section 6A(2) of the Bankruptcy
Ordinance (Chapter 6) Debt Payable at Future Date

(Title)

Warning
‧ This is an important ‧ If you are in any doubt about your
document. You must deal position, you should seek advice
with this demand within immediately from a solicitor.
21 days of its service
upon you or you could be ‧ There are additional notes overleaf.
made bankrupt and your
property and goods taken
away from you. Please
read this demand and
notes carefully.

Demand Notes for Creditor


To _________________________________ ‧ If the creditor is entitled
Address __________________________ to the debt by way of
__________________________ assignment, details of
the original creditor and
any assignees should be
given in Part C on page
2.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-496
Cap. 6B

This demand is served on you by the ‧ If the amount of debt


creditor— when due will include
interest, details should
Name ______________________________
be given in column (2),
Address ____________________________ including the grounds
__________________________ upon which interest is
The creditor claims that you will owe the charged.
following when payment falls due on_____ ‧ Any other charge
___________________________________ accruing due from time
to time may be claimed.
When Description Amount of The amount or rate of the
incurred of debt future debt charge must be identified
and the grounds on
(1) (2) (3) which it is claimed must
_________ __________ ___________ be stated.
_________ __________ ___________ ‧ In either case the amount
_________ __________ ___________ claimed must be limited
_________ __________ ___________ to that which will have
accrued due when
payment falls due on the
Amount of Debt $ date specified.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-498
Cap. 6B

The creditor is of the opinion that you have ‧ If the creditor holds any
no reasonable prospect of paying this debt security the amount of
when it falls due because* debt should be the sum
the creditor is prepared
___________________________________
to regard as unsecured
___________________________________ for the purposes of this
___________________________________ demand. Brief details of
Signature ___________________________ the total debt should be
included in column (2),
Name_______________________________ and the nature of the
Date _______________________________ security and the value put
upon it by the creditor, as
Position with or relationship to creditor ___
at the date of the demand,
___________________________________ must be specified.
Address ____________________________ * Here set out the grounds
Tel. No. ____________________________ for this opinion.

Ref. No. ____________________________ ‧ If signatory is a solicitor


or other agent of the
NB The person making the demand creditor the name of his/
must complete the whole of this her firm should be given.
page and Parts A, B and C on page
2.

Part A

Appropriate court for setting aside demand

Any application by you to set aside this demand should be made to the
Court of First Instance.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-500
Cap. 6B

Part B

The person or persons to whom any communication regarding the demand


may be addressed is/are—

Name and
Address ____________________________________________________
____________________________________________________
____________________________________________________
Tel. No. ____________________________________________________

Part C

For completion if the creditor is entitled to the debt by way of assignment.

Name Date(s) of Assignment


Original creditor
Assignees

How to comply with a statutory demand or have it set aside

If you wish to avoid a bankruptcy petition being presented against you, you
must within the period of 21 days of service upon you, satisfy the creditor
that you are able to meet the debt demanded when it is due.

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-502
Cap. 6B

If you dispute that the debt will be due in whole or in part or if you dispute
the allegation that you will be unable to pay the debt when it falls due or
if you consider that you may be able to offer security for the debt or to
compound for it you should—

‧contact the person or persons (or one of the persons) named in Part B
immediately.

If you consider that you have grounds to have this notice set aside or if you
do not receive a satisfactory written reply from the person or persons (or
one of the persons) in Part B before the expiration of 18 days after service
you should—

‧apply without delay to the Court of First Instance to have the notice set
aside.

Remember: You have only 21 days from the date of service on you
of this document before the creditor may present a
bankruptcy petition.
(L.N. 81 of 1998)
_____________

Form 165
[rule 122E]
Application for Interim Order

(Title)

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-504
Cap. 6B

(a) Insert name Let (a)


and address of
person to attend
hearing. attend before as follows—

Date __________________________________________
Time ______________________ hours
Place __________________________________________
__________________________________________
(b) Insert name
on the hearing of an application by (b)
of debtor.

the applicant for an interim order pursuant to sections 20


and 20A of the Bankruptcy Ordinance (Chapter 6) on the
grounds that he intends to make a proposal to his creditors
for a voluntary arrangement within the meaning of section
2 of the Ordinance.

AND TAKE NOTICE that the applicant seeks an


order pursuant to section 20 of the Ordinance that, whilst
any interim order is pending, all actions, executions or
other legal process against the property or person of the
applicant be stayed.
AND FURTHER TAKE NOTICE that in support of
this application there will be read the affidavit [affirmation]
of the applicant sworn [affirmed] on

Dated this day of .


Ref:____________________________________________
Signed__________________________________________
Solicitors for the applicant

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-506
Cap. 6B

(c) See rule To the court and (c)


122E(4) of the
Bankruptcy Rules
(Cap. 6 sub. leg.
A).

(L.N. 81 of 1998)
_____________

Form 166
[rule 122E]
Affidavit in Support of Application for Interim
Order

(Title)

I, ______________________________________ ,
the above-named debtor MAKE OATH and say as
(a) For the follows—(a)
requirements of the
affidavit generally. 1. I make this affidavit in support of my
See rule 122E of the application for an interim order under sections 20 and
Bankruptcy Rules 20A of the Bankruptcy Ordinance (Chapter 6) and
(Cap. 6 sub. leg. A). pursuant to rule 122E of the Bankruptcy Rules (Cap. 6
sub. leg. A).

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-508
Cap. 6B

2. There is exhibited hereto and marked “1” a


copy of my proposal.

3. There is exhibited hereto and marked “2” a


copy of the notice to my intended nominee under rule
122D of the Bankruptcy Rules (Cap. 6 sub. leg. A)
endorsed to the effect that he agrees so to act.
4. The reasons for making the application are set
out in my said proposal.
(b) If this
process has been
5. No execution or other legal process has been
commenced, full commenced against me. (b)
particulars must be
given. 6. I am able to petition for my own bankruptcy.

7. No previous application for an interim order


has been made by me or in respect of me in the period
of 12 months ending with the date of this affidavit.
(c) Insert the 8. (c) of
name and address is a person who is experienced in insolvency matters
of the proposed
nominee within the and is willing to act in relation to the proposal.
meaning of section
2 of the Bankruptcy
Sworn at 

Ordinance (Chapter

6). this day of 

Before me,

Commissioner of Oaths
(L.N. 81 of 1998)
_____________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-510
Cap. 6B

Form 167
[rule 122D]
Notice to Intended Nominee (a)

(Title)

(a) See Rules


122D and 122E
of the Bankruptcy
Rules (Cap. 6
sub. leg. A).

To: of
Pursuant to rule 122D of the Bankruptcy Rules
(Cap. 6 sub. leg. A) I hereby give you notice of my
proposal for a voluntary arrangement pursuant to sections
20 and 20A of the Bankruptcy Ordinance (Chapter 6).

There is delivered herewith a copy of the proposal.

Date: _________________________________________
(b) Debtor must Signed:(b)_______________________________________
sign in person.

I of

do hereby confirm pursuant to rules 122D and 122E of


the Bankruptcy Rules (Cap. 6 sub. leg. A) that—

(1) on day of I did receive a copy of the


above notice; and

(2) I agree to act as a nominee.

Date: _________________________________________

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-512
Cap. 6B

Signed:_________________________________________
Intended Nominee
(L.N. 81 of 1998)
_____________

Form 168
[rule 122F]
Interim Order under Section 20 of the Bankruptcy
Ordinance (Chapter 6)—One-Stage Procedure

(Title)

ORDER

(a) Insert full Upon the application of (a)


name and address
of applicant. And upon hearing of
And upon reading the evidence and the court having
this day considered the report of the nominee submitted
pursuant to section 20D of the Bankruptcy Ordinance
(Chapter 6) and filed on

It is ordered that during the period of days


beginning with the day after the date of this order and
during any extended period for which this interim order
has effect—

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-514
Cap. 6B

(b) To be (b)
deleted in a Case 2
application. (i) no [further] bankruptcy petition relating to the
above-named
may be presented or proceeded with; and
(ii) no other proceedings and no execution or other
legal process may be commenced or continued
against the applicant or his property except with
the leave of the court.
AND IT IS FURTHER ORDERED that a meeting
of the applicant’s creditors be summoned to consider the
applicant’s proposals, such meeting as proposed by the
nominee to be held on—

Date __________________________________________

Time _______________________ hours

Place __________________________________________

Dated this day of .

Registrar
(L.N. 81 of 1998)
_____________

Form 169
[ss. 20E & 20F &
rule 122N]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-516
Cap. 6B

Proxy (Individual Voluntary Arrangement)

† Delete title not †


IN BANKRUPTCY
applicable
or
* Insert the name of
the debtor.

IN THE MATTER OF * (A
DEBTOR)

and
Notes to help IN THE MATTER OF THE BANKRUPTCY
completion of the ORDINANCE (CHAPTER 6)
form.

Please give full Name of creditor ________________________________


name and address for
communication. Address _______________________________________
______________________________________________
Please insert name Name of proxy-holder ____________________________
of person (who must
be 18 or over) or ______________________________________________
the “chairman of the ______________________________________________
meeting”.

I appoint the above person to be my/the creditor’s


proxy-holder at the meeting of creditors to be held on
_________ or at any adjournment of that meeting. The
proxy-holder is to propose or vote as instructed below
[and in respect of any resolution for which no specific
instruction is given, may vote or abstain at his/her
discretion]

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-518
Cap. 6B

Voting instructions for resolutions


1. For the acceptance/rejection of the
proposed voluntary arrangement [with the following
modifications—]
Any other resolutions ______________________________________________
which the proxy-
holder is to propose ______________________________________________
or vote in favour of
or against should be ______________________________________________
set out in numbered
paragraphs in the
______________________________________________
space provided ______________________________________________
below paragraph
1. If more room is ______________________________________________
requested please use
the other side of this
form.
This form must be
signed. Signature ______________ Date _________________
Only to be completed
if the creditor has Name in BLOCK LETTERS ______________________
not signed in person.
Position with creditor or relationship with creditor or
other authority for signature _______________________
______________________________________________
______________________________________________
Remember: There may be resolutions on the other
side of this form.

(L.N. 81 of 1998)
_____________

Form 170

Last updated date


Verified Copy 29.12.2023
Bankruptcy (Forms) Rules

Schedule S-520
Cap. 6B

[rule 11]
Memorandum of Advertisement

(Title)

Name of
medium
and (if Date of
applicable) publication Date of filing
issue of this Nature of order
number advertisement memorandum etc.

(Signed)
(22 of 2023 s. 53)
(Schedule amended L.N. 125 of 2007)

Last updated date


Verified Copy 29.12.2023

You might also like