The Official Receiver's
Office usually administers the estates
of individuals adjudged to be bankrupt
by the court whilst the estates of companies
ordered to be wound up by the court are
generally administered by insolvency practitioners
from the private sector.
When acting as the trustee
or liquidator, the Official Receiver or
the insolvency practitioner investigates
the affairs of the bankrupt or the wound-up
company, realises assets and distributes
dividends to creditors. The Official Receiver
also prosecutes certain offences set out
in the Bankruptcy and Companies Ordinances,
applies for disqualification orders against
unfit company directors, monitors the
conduct of outside liquidators and trustees,
and monitors the funds held by liquidators
in both compulsory and voluntary liquidations.
During the year, the
court made 9 810 bankruptcy orders,
934 interim orders in individual voluntary
arrangements and 849 winding-up orders,
compared with last year's respective figures
of 13 593, 2 313 and 1 147.
The assets realised by the Official Receiver
during 2005 amounted to $157.9 million,
while $182.0 million in dividends was
paid to creditors in 2 650 insolvency
cases. There were 800 cases assigned under
the scheme for contracting out summary
winding-up cases.
The Bankruptcy (Amendment)
Ordinance 2005 was enacted on July 15,
2005. Among other things, the ordinance
empowers the Official Receiver to directly
appoint a private-sector insolvency practitioner
to administer debtor petition summary
bankruptcy cases (where the value of the
bankrupt's estate is unlikely to exceed
$200,000) without the need to convene
a creditors' meeting. When the ordinance
and the relevant subsidiary legislation
come into effect, the Official Receiver
will start to outsource the summary bankruptcy
cases. |