Bankruptcy (Amendment) Bill

Bill No. 4/1966

Read the first time on 23rd February 1966.

An Act to amend the Bankruptcy Ordinance (Chapter 11 of the Revised Edition) and to repeal the Bankruptcy (Statutory Discharge) Ordinance, 1948 (No. 8 of 1948).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Bankruptcy (Amendment) Act, 1966, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Bankruptcy Ordinance (hereinafter in this Act referred to as “the Ordinance”) is hereby amended —

(a)

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

(b)

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;”.

Amendment of section 3

3. Section 3 of the Ordinance is hereby amended —

(a)	by inserting the expression “, transfer” immediately after the word “conveyance” appearing in the first and second lines of paragraph (a) of subsection (1) thereof;
(b)	by deleting the word “clause” appearing in the fourth line of paragraph (j) of subsection (1) thereof and substituting therefor the word “paragraph”; and
(c)	by deleting the words “British subject” appearing in subsection (3) thereof and substituting therefor the words “citizen of Singapore”.

Repeal and re-enactment of section 14

4. Section 14 of the Ordinance is hereby repealed and the following section substituted therefor: —

“Power of court to rescind receiving order in certain cases

14.—(1) 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.”.

Amendment of section 17

5. Subsection (10) of section 17 of the Ordinance is hereby amended by deleting the colon appearing in the fifth line thereof and substituting therefor a full-stop, and by deleting the proviso thereto.

Amendment of section 18

6. Subsection (16) of section 18 of the Ordinance is hereby amended by deleting the expression “Part IV shall apply” appearing in the fourth line thereof and substituting therefor the expression “sections 73, 77, 78, 79, 80, 81, 83, 84, 85 and 86 of this Ordinance shall apply mutatis mutandis”.

Amendment of section 31

7. Subsection (6) of section 31 of the Ordinance is hereby amended by deleting the colon appearing in the sixth line thereof and substituting therefor a full-stop, and by deleting the proviso thereto.

Amendment of section 35

8. Section 35 of the Ordinance is hereby amended —

(a)	by deleting the word “Crown” wherever it appears in subsection (1) thereof and substituting therefor the word “Government”; and
(b)	by deleting the expression “, and may give this Ordinance and the special matter in evidence” appearing at the end of subsection (6) thereof.

Amendment of section 36

9. Subsection (1) of section 36 of the Ordinance is hereby amended —

(a)	by deleting the words “the Legislative Assembly of the Colony” appearing in paragraph (a) thereof and substituting therefor the word “Parliament”;
(b)	by deleting the semi-colon appearing at the end of paragraph (b) thereof and substituting therefor a full-stop; and
(c)	by deleting paragraph (c) thereof.

Amendment of section 37

10. Section 37 of the Ordinance is hereby amended by deleting the expression “the Legislative Assembly, Judge, Magistrate, Justice of the Peace or City Councillor” appearing in the second and third lines thereof and substituting therefor the expression “Parliament, Judge, Magistrate or Justice of the Peace”.

Amendment of section 43

11. Paragraph (a) of subsection (1) of section 43 of the Ordinance is hereby amended by deleting the words “rates due under the provisions of the Municipal Ordinance” appearing therein and substituting therefor the words “local rates and property tax due”.

New section 47A

12. The Ordinance is hereby amended by inserting immediately after section 47 thereof the following new section: —

“Provisions as to second bankruptcy

47A.—(1) 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.”.

Amendment of section 56

13. Subsection (1) of section 56 of the Ordinance is hereby amended by deleting the expression “army, navy or air force or an officer or clerk or otherwise employed or engaged in the civil service of the Crown” appearing in the first, second and third lines thereof and substituting therefor the expression “armed forces of Singapore or a public officer or otherwise employed or engaged in the public service of the Government”.

Amendment of section 61

14. Section 61 of the Ordinance is hereby amended —

(a)	by deleting the word “four” appearing in the second line of subsection (2) thereof and substituting therefor the word “twelve”; and
(b)	by deleting the word “six” appearing in the third line of subsection (3) thereof and substituting therefor the word “twelve”.

Amendment of section 67

15. Section 67 of the Ordinance is hereby amended by inserting immediately after subsection (2) thereof the following new subsections: —

“(3) Where the bankrupt has died the Official Assignee may make an allowance to members of the bankrupt’s family for their support.

(4) The Official Assignee may also make an allowance to defray the funeral expenses of the bankrupt.”.

Amendment of section 75

16. Section 75 of the Ordinance is hereby amended by deleting the words “to such account as the Minister may direct” appearing in the second line of subsection (3) thereof and substituting therefor the words “into the Consolidated Fund”.

Repeal and re-enactment of section 76

17. Section 76 of the Ordinance is hereby repealed and the following substituted therefor: —

“Profit and loss on the sale of securities

76. Any profits on the sale of any of the securities placed to the credit of the Bankruptcy Estates Account shall be credited to the Consolidated Fund and the Consolidated Fund shall be liable to make good any loss arising out of the sale of such securities.”.

Amendment of section 102

18. Section 102 of the Ordinance is hereby amended by deleting the words “the Federation of Malaya” wherever they appear therein (including the marginal note thereto) and substituting therefor the word “Malaysia”.

Amendment of section 103

19. Section 103 of the Ordinance is hereby amended by deleting the words “the Federation of Malaya” wherever they appear therein and substituting therefor the word “Malaysia”.

Amendment of section 104

20. Section 104 of the Ordinance is hereby amended —

(a)

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

(b)

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.”.

Amendment of section 108

21. Subsection (2) of section 108 of the Ordinance is hereby deleted and the following substituted therefor: —

“(2) The report furnished to the court under subsection (1) shall be prima facie evidence of the statements contained therein.”.

Amendment of section 113

22. Subsection (2) of section 113 of the Ordinance is hereby amended by deleting the words “two hundred and fifty” appearing in the second line thereof and substituting therefor the words “five hundred”.

Amendment of section 116

23. Subsection (2) of section 116 of the Ordinance is hereby amended by inserting immediately after the word “person” appearing in the second line thereof the words “other than by or on behalf of the Public Prosecutor”.

Repeal and re-enactment of section 120

24. Section 120 of the Ordinance is hereby repealed and the following substituted therefor: —

“Application to married women

120. A married woman shall be subject to this Ordinance in all respects as if she were a feme sole.”.

Amendment of section 128

25. Section 128 of the Ordinance is hereby amended —

(a)

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;”;

(b)

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

(c)

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”.

Repeal of section 133

26. Section 133 of the Ordinance is hereby repealed.

Amendment of section 135

27. Section 135 of the Ordinance is hereby amended by inserting immediately after subsection (5) thereof the following new subsections: —

“(6) All unclaimed dividends and money remaining unclaimed or undistributed after a final dividend has been declared shall stand at the credit of the Bankruptcy Estates Account for seven years and if they remain unclaimed at the expiration of that period they shall be credited to the Consolidated Fund.

(7) If any claim is made to any part of the unclaimed dividends or money so transferred to the Consolidated Fund and if such claim is established to the satisfaction of the Official Assignee, the amount certified by the Official Assignee to be due to the claimant shall be paid to him, without interest, from the Consolidated Fund.”.

Amendment of Schedule A

28. Paragraph 1 of Schedule A of the Ordinance is hereby amended —

(a)	by deleting the words “one calendar month” appearing in the second line thereof and substituting therefor the words “eight weeks”; and
(b)	by deleting the word “six” appearing in the third line thereof and substituting therefor the word “twelve”.

Miscellaneous amendments

29.—(1) The following sections of the Ordinance are hereby amended by deleting the words “the Colony” wherever they appear therein and substituting therefor the word “Singapore”: —

Sections 2, 3(1), 3(3), 9(1) including marginal note, 25(4), 29(1), 33(2), 33(6), 38(1), 44(4), 86(4), 87, 102, 103(1), 103(2), 103(3), 103(4), 110(1), 110(2), 111, 112(1), 112(2) and 128.

(2) The following sections of the Ordinance are hereby amended by deleting the words “the Legislative Assembly” wherever they appear therein and substituting therefor the word “Parliament”: —

Sections 22(3), 22(4), 22(5) and 124.

(3) The following sections of the Ordinance are hereby amended by deleting the words “Yang di-Pertuan Negara” wherever they appear therein and substituting therefor the word “President”: —

Sections 69(1), 69(3), 70(3), 80(2) and 124.

Repeal

30. The Bankruptcy (Statutory Discharge) Ordinance, 1948 (Ord. 8 of 1948), is hereby repealed.

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