Contents of Section

Chapter:

6 PDFTitle:BANKRUPTCY ORDINANCEGazette Number:36 of 2000
Section:30EHeading:Supplies of gas, water, electricity, etc.Version Date:16/06/2000

(1) This section applies where on any day ("the relevant day")-

        (a) a bankruptcy order is made against a debtor; or
        (b) a voluntary arrangement proposed by a debtor is approved at a meeting summoned under section 20E,
and in this section "the office-holder" (負責人) means the Official Receiver or the trustee, as the case may be, or, in the case of a voluntary arrangement, the nominee.
(2) If a request falling within subsection (3) is made for the giving after the relevant day of any of the supplies mentioned in subsection (4), the supplier may make it a condition of the giving of the supply that the office-holder personally guarantees the payment of any charges in respect of the supply, but the supplier shall not, directly or indirectly, make it a condition of the giving of the supply that any outstanding charges in respect of a supply given to the debtor before the relevant day are paid.
(3) A request falls within this subsection if it is made-
        (a) by or with the concurrence of the office-holder; and
        (b) for the purposes of any business which is or has been carried on by the debtor, by a firm or partnership of which the debtor is or was a member, or by an agent or manager for the debtor or for such a firm or partnership.
(4) The supplies referred to in subsection (2) are-
        (a) a public supply of gas;
        (b) a public supply of electricity;
        (c) a supply of water under the Waterworks Ordinance (Cap 102);
        (d) a supply of telecommunications services by a public telecommunications operator licensed under the Telecommunications Ordinance (Cap 106). (Amended 36 of 2000 s. 28)
(Added 76 of 1996 s. 21)