Bankruptcy (Amendment) Bill

by deleting the definitions of “affidavit” and “oath” appearing therein; and

by deleting the definition of “Registrar” appearing therein and substituting therefor the following: —“ “Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar;”.

by inserting the expression “, transfer” immediately after the word “conveyance” appearing in the first and second lines of paragraph (a) of subsection (1) thereof;

by deleting the word “clause” appearing in the fourth line of paragraph (j) of subsection (1) thereof and substituting therefor the word “paragraph”; and

by deleting the words “British subject” appearing in subsection (3) thereof and substituting therefor the words “citizen of Singapore”.

If in any case where a receiving order has been made on a bankruptcy petition it appears to the court, upon an application by the Official Assignee or any creditor or other person interested, that a majority of the creditors in number and value are resident in Malaysia, and that from the situation of the property of the debtor or for other causes his estate and effects ought to be distributed among the creditors under the bankruptcy or insolvency laws of Malaysia, the court, after such inquiry as to it seems fit, may rescind the receiving order and stay all proceedings on or dismiss the petition upon such terms, if any, as it thinks fit.(2) If the debtor has been adjudged bankrupt, in any such case the court shall also annul the adjudication after rescinding the receiving order.”.

by deleting the word “Crown” wherever it appears in subsection (1) thereof and substituting therefor the word “Government”; and

by deleting the expression “, and may give this Ordinance and the special matter in evidence” appearing at the end of subsection (6) thereof.

by deleting the words “the Legislative Assembly of the Colony” appearing in paragraph (a) thereof and substituting therefor the word “Parliament”;

by deleting the semi-colon appearing at the end of paragraph (b) thereof and substituting therefor a full-stop; and

by deleting paragraph (c) thereof.

Where a second or subsequent receiving order is made against a bankrupt, or where an order is made for the administration in bankruptcy of the estate of a deceased bankrupt, then for the purposes of any proceedings consequent upon any such order, the Official Assignee shall be deemed to be a creditor in respect of any unsatisfied balance of the debts provable in the last preceding bankruptcy against the property of the bankrupt in the subsequent bankruptcy.(2) In the event of a second or subsequent receiving order made against a bankrupt being followed by an order adjudging him bankrupt, or in the event of an order being made for the administering in bankruptcy of the estate of a deceased bankrupt, any property acquired by him since he was last adjudged bankrupt, which at the date when the subsequent petition was presented had not been distributed amongst the creditors in such last preceding bankruptcy, shall (subject to any disposition thereof made by the Official Assignee in that bankruptcy without knowledge of the presentation of the subsequent petition) vest in the Official Assignee on account of the subsequent bankruptcy or administration in bankruptcy, as the case may be.(3) Where the Official Assignee in any bankruptcy receives notice of a subsequent petition in bankruptcy against the bankrupt or after his decease of a petition for the administration of his estate in bankruptcy, the Official Assignee shall hold any property then in his possession which has been acquired by the bankrupt since he was adjudged bankrupt until the subsequent petition has been disposed of, and, if on the subsequent petition an order of adjudication or an order for the administration of the estate in bankruptcy is made, he shall hold all such property or the proceeds thereof (after deducting his costs and expenses) to the account of the subsequent bankruptcy, or administration in bankruptcy, as the case may be.”.

by deleting the word “four” appearing in the second line of subsection (2) thereof and substituting therefor the word “twelve”; and

by deleting the word “six” appearing in the third line of subsection (3) thereof and substituting therefor the word “twelve”.

by deleting subsection (1) thereof and substituting therefor the following: —“(1) Where in the opinion of the court a debtor ought not to have been adjudged bankrupt, or where it is proved to the satisfaction of the court that the debts of the bankrupt are paid in full, or where it appears to the court that proceedings are pending in Malaysia for the distribution of the bankrupt’s estate and effects among his creditors under the bankruptcy or insolvency laws of Malaysia and that the distribution ought to take place in Malaysia, the court may annul the adjudication.”; and

by inserting immediately after subsection (4) thereof, the following new subsection: —“(5) When the court annuls the adjudication under this section it shall also rescind the receiving order.”.

by inserting immediately after paragraph (a) thereof the following new paragraph: —“(b)in Malaysia before a Judge, Magistrate, Justice of the Peace or any person authorised to administer oaths under any written law for the time being in force in Malaysia;”;

by relettering paragraphs (b), (c) and (d) thereof as paragraphs (c), (d) and (e) respectively; and

by deleting the words “British Minister or British Consul” appearing in the fifth and sixth lines of paragraph (e) thereof and substituting therefor the words “Consul or person performing consular functions on behalf of the Government”.

by deleting the words “one calendar month” appearing in the second line thereof and substituting therefor the words “eight weeks”; and

by deleting the word “six” appearing in the third line thereof and substituting therefor the word “twelve”.