Bills Committee on Bankruptcy (Amendment) Bill 2004 (Agenda) -- 9 June 2005



Bills Committee on
Bankruptcy (Amendment) Bill 2004

Eleventh meeting
on Thursday, 9 June 2005, at 8:30 am
in Conference Room A of the Legislative Council Building

AGENDA

  1. Meeting with the Administration
    (8:30 am - 10:30 am)

    Part A: Matters arising from the tenth meeting on 26 May 2005

    LC Paper No. CB(1)1689/04-05(01)
    (issued vide LC Paper No. CB(1)1700/04-05 on 2 June 2005)

    -"Follow-up to the tenth meeting on 26 May 2005" prepared by the Legislative Council Secretariat

    LC Paper No. CB(1)1689/04-05(02)
    (English version issued on 1 June 2005)
    (Revised English version of Annex 2 and Chinese version issued vide LC Paper No. CB(1)1700/04-05 on 2 June 2005)

    -Paper provided by the Administration on "Responses to list of follow-up actions for the tenth meeting on 26 May 2005"

    LC Paper No. CB(1)1624/04-05(02)
    (English version issued on 24 May 2005)
    (Chinese version issued vide LC Paper No. CB(1)1634/04-05 on 25 May 2005)

    -Paper provided by the Administration on "Responses to list of follow-up actions for the eighth and ninth meetings on 10 and 20 May 2005"

    Part B: Clause-by-clause examination of the Bill

    LC Paper No. CB(3)42/04-05
    (issued on 11 October 2004)

    -The Bill

    LC Paper No. CB(1)137/04-05(01)
    (issued on 2 November 2004)

    -Marked-up copy of the Bankruptcy (Amendment) Bill 2004

    LC Paper No. CB(1)1165/04-05(04)
    (English version issued on 30 March 2005)
    (Chinese version issued vide LC Paper No. CB(1)1187/04-05 on 31 March 2005)

    -"Summary of issues of concern on individual clauses of the Bill (Position as at 29 March 2005)" prepared by the Legislative Council Secretariat

    LC Paper No. CB(1)1743/04-05(01)
    (English version only)
    (attached)

    -Marked-up copy of the English text of Clauses 3 and 11 of the Bill showing the Administration's draft proposed Committee Stage amendments (As at 7 June 2005)

    LC Paper No. CB(1)1743/04-05(02)
    (Chinese version only)
    (attached)

    -Marked-up copy of the Chinese text of the Bill showing the draft proposed Committee Stage amendments provided by the Administration (As at 7 June 2005)

    LC Paper No. CB(1)1743/04-05(03)
    (attached)

    -Draft Committee Stage amendments proposed by the Administration

    (A list of relevant papers previously issued is in the Appendix.)

  2. Any other business
    (10:30 am onwards)
Council Business Division 1
Legislative Council Secretariat
8 June 2005

Appendix

Other relevant papers previously issued

Background information on the Bill

Ref: C3/17 (2003) Pt. 8
(dated 6 October 2004)

-Legislative Council Brief issued by the Financial Services and the Treasury Bureau

LC Paper No. LS7/04-05
(issued vide LC Paper No. CB(2)47/04-05 on 14 October 2004)

-Legal Service Division Report

LC Paper No. CB(1)138/04-05(01)
(issued on 2 November 2004)

-Background brief prepared by the Legislative Council Secretariat

LC Paper No. CB(1)166/04-05(01)
(issued on 4 November 2004)

-Powerpoint presentation material provided by the Financial Services and the Treasury and Official Receiver's Office

Papers prepared by the Secretariat

LC Paper No. CB(1)436/04-05(17)
(issued on 9 December 2004)

-"Follow-up to the first meeting on 3 November 2004" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)440/04-05(01)
(Updated English version and Chinese version issued vide LC Paper No. CB(1)501/04-05 on 14 December 2004)

-Summary of submissions (Position as at 14 December 2004)

LC Paper No. CB(1)654/04-05(03)
(issued on 7 January 2005)

-"Follow-up to the second meeting on 15 December 2004" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)669/04-05(01)
(issued on 10 January 2005)

-"Proposed meeting schedule from end of January to May 2005" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)925/04-05(01)
(issued on 17 February 2005)

-"Follow-up to the third meeting on 11 January 2005" prepared by the Legislative Council Secretariat `

LC Paper No. CB(1)1060/04-05(01)
(issued on 8 March 2005)

-"Follow-up to the fourth meeting on 21 February 2005" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)1165/04-05(01)
(issued on 30 March 2005)

-"Follow-up to the fifth meeting on 11 March 2005" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)1165/04-05(03)
(issued vide LC Paper No. CB(1)1187/04-05 on 31 March 2005)

-Paper prepared by the Legislative Council Secretariat on "Outcome of the consultation with members on the suggestion of setting out in the legislation the qualification criteria for appointment as provisional trustees or trustees for summary bankruptcy cases"

LC Paper No. CB(1)1203/04-05(01)
(Chinese version only)(issued on 4 April 2005)

-Basic qualification criteria for appointment as provisional trustees or trustees for summary bankruptcy cases suggested by some organizations

LC Paper No. CB(1)1203/04-05(02)
(issued on 4 April 2005)

-Section 228A of the Companies Ordinance (Cap. 32)

LC Paper No. CB(1)1281/04-05(01)
(issued vide LC Paper No. CB(1)1313/04-05 on 19 April 2005)

-"Follow-up to the sixth meeting on 1 April 2005" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)1467/04-05(01)
(issued vide LC Paper No. CB(1)1486/04-05 on 9 May 2005)

-"Follow-up to the seventh meeting on 21 April 2005" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)1564/04-05(01)
(issued vide LC Paper No. CB(1)1580/04-05 on 19 May 2005)
(re-issued vide LC Paper No. CB(1)1624/04-05 on 24 May 2005)

-"Follow-up to the eighth meeting on 10 May 2005" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)1624/04-05(01)
(issued on 24 May 2005)

-"Follow-up to the ninth meeting on 20 May 2005" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)1696/04-05(01)
(issued on 1 June 2005)

-Rule 179 of the Companies (Winding-up) Rules (Sub. Leg. H under the Companies Ordinance Cap. 32)

Papers provided by the Administration

LC Paper No. CB(1)436/04-05(18)
(English version issued on 9 December 2004)(Chinese version issued vide LC Paper No. CB(1)440/04-05 on 10 December 2004)

-Paper provided by the Administration on "Follow-up actions arising from the discussion at the meeting on 3 November 2004"

LC Paper No. CB(1)654/04-05(04)
(English version issued on 7 January 2005)(Chinese version issued vide LC Paper No. CB(1)691/04-05 on 12 January 2005)

-Paper provided by the Administration on "List of follow-up actions to be taken by the Administration at the second meeting on 15 December 2004"

LC Paper No. CB(1)925/04-05(02)
(English version issued on 17 February 2005)(Chinese version issued vide LC Paper No. CB(1)948/04-05 on 18 February 2005)

-Paper provided by the Administration on "Responses to list of follow-up actions for the third meeting on 11 January 2005"

LC Paper No. CB(1)948/04-05(02)
(English version only)(issued on 18 February 2005)

-Letter dated 16 February 2005 from the Hong Kong Association of Banks addressed to the Administration

LC Paper No. CB(1)1060/04-05(02)
(English version issued on 8 March 2005)
(Chinese version issued vide LC Paper No. CB(1)1070/04-05 on 10 March 2005)

-Paper provided by the Administration on "Responses to list of follow-up actions for the fourth meeting on 21 February 2005"

LC Paper No. CB(1)1165/04-05(02)
(English version issued on 30 March 2005)(Chinese version issued vide LC Paper No. CB(1)1187/04-05 on 31 March 2005)

-Paper provided by the Administration on "Responses to list of follow-up actions for the fifth meeting on 11 March 2005"

LC Paper No. CB(1)1281/04-05(02)
(English version issued on 18 April 2005)(Chinese version issued vide LC Paper No. CB(1)1313/04-05 on 19 April 2005)

-Paper provided by the Administration on "Responses to list of follow-up actions for the sixth meeting on 1 April 2005"

LC Paper No. CB(1)1313/04-05(01)
(English version only)(issued on 19 April 2005)

-Supplementary information on Bankruptcy

LC Paper No. CB(1)1313/04-05(02)
(issued on 19 April 2005)

-Booklet on "Simple Guide on Bankruptcy" issued by Official Receiver's Office

LC Paper No. CB(1)1313/04-05(03)
(issued on 19 April 2005)

-Booklet on "Simple Guide on Individual Voluntary Arrangement" issued by Official Receiver's Office

LC Paper No. CB(1)1467/04-05(02)
(English version issued on 6 May 2005)(Chinese version issued vide LC Paper No. CB(1)1486/04-05 on 9 May 2005)

-Paper provided by the Administration on "Responses to list of follow-up actions for the seventh meeting on 21 April 2005"

LC Paper No. CB(1)1546/04-05(01)
(Restricted)
(issued on 17 May 2005)

-Paper provided by the Administration on "The Official Receiver's Office's internal guidelines for handling summary bankruptcy cases"

LC Paper No. CB(1)1564/04-05(02)
(English version issued on 18 May 2005)
(Chinese version issued vide LC Paper No. CB(1)1580/04-05 on 19 May 2005)

-Paper provided by the Administration on "Mark-up version of provisions in the Bankruptcy (Amendment) Bill 2004 to which the Administration intends to propose amendments (as at 17 May 2005)"

LC Paper No. CB(1)1689/04-05(03)
(Chinese version only)
(issued vide LC Paper No. CB(1)1700/04-05 on 2 June 2005)

-Marked-up copy of the Chinese text of the Bill showing the draft proposed Committee Stage amendments provided by the Administration

Submissions received

LC Paper No. CB(1)436/04-05(01)
(Chinese version only)(issued on 9 December 2004)

-Submission dated 2 December 2004 from Yip, Tse & Tang Solicitors

LC Paper No. CB(1)436/04-05(02)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 2 December 2004 from Grant Thornton

LC Paper No. CB(1)436/04-05(03)
(Chinese version only)(issued on 9 December 2004)

-Submission dated 3 December 2004 from The Chinese General Chamber of Commerce

LC Paper No. CB(1)436/04-05(04)
(Chinese and English versions)(issued on 9 December 2004)

-Submission dated 13 November 2004 from the Consumer Council

LC Paper No. CB(1)436/04-05(05)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 11 November 2004 from the Hong Kong Monetary Authority

LC Paper No. CB(1)436/04-05(06)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 17 November 2004 from The Hong Kong Association of Banks

LC Paper No. CB(1)436/04-05(07)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 18 November 2004 from The Law Society of Hong Kong

LC Paper No. CB(1)436/04-05(08)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 25 November 2004 from The Standing Committee on Company Law Reform

LC Paper No. CB(1)436/04-05(09)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 25 November 2004 from Joseph S C Chan & Co

LC Paper No. CB(1)436/04-05(10)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 25 November 2004 from The Hong Kong Institute of Company Secretaries

LC Paper No. CB(1)436/04-05(11)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 25 November 2004 from The Association of Chartered Certified Accountants (Hong Kong)

LC Paper No. CB(1)436/04-05(12)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 25 November 2004 from The Hong Kong Association of Restricted Licence Banks and Deposit-taking Companies

LC Paper No. CB(1)436/04-05(13)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 2 December 2004 from The British Chamber of Commerce in Hong Kong

LC Paper No. CB(1)436/04-05(14)
(English version issued on 9 December 2004)(Chinese translation issued vide LC Paper No. CB(1)440/04-05 on 10 December 2004)

-Submission dated 3 December 2004 from Kenny Tam & Co

LC Paper No. CB(1)436/04-05(15)
(Chinese translation and English version)(issued on 9 December 2004)

-Submission dated 4 December 2004 from The Society of Chinese Accountants and Auditors

LC Paper No. CB(1)456/04-05(01)
(English version issued on 13 December 2004)(Chinese translation issued vide LC Paper No. CB(1)1035/04-05 on 2 March 2005)

-Submission dated 10 December 2004 from the Hong Kong Institute of Certified Public Accountants

LC Paper No. CB(1)654/04-05(01)
(English version issued on 7 January 2005)(Chinese translation issued vide LC Paper No. CB(1)669/04-05 on 10 January 2005)

-Submission dated 5 January 2005 from the Insolvency Law Committee of the Law Society of Hong Kong

LC Paper No. CB(1)948/04-05(01)
(English version issued on 18 February 2005)(Chinese translation issued vide LC Paper No. CB(1)1191/04-05 on 31 March 2005)

-Submission dated 18 February 2005 from the Hong Kong Bar Association

LC Paper No. CB(1)1261/04-05(01)
(English version issued on 13 April 2005)(Chinese translation issued vide LC Paper No. CB(1)1392/04-05 on 27 April 2005)

-Submission dated 1 April 2005 from the Hong Kong Institute of Certified Public Accountants

Administration's response to submissions

LC Paper No. CB(1)436/04-05(16)
(English version issued vide LC Paper No. CB(1)501/04-05 on 14 December 2004)(Chinese version issued vide LC Paper No. CB(1)678/04-05 on 10 January 2005)

-Administration's responses to written submissions

LC Paper No. CB(1)523/04-05(01)
(English version issued on 15 December 2004)(Chinese version issued vide LC Paper No. CB(1)914/04-05 on 16 February 2005)

-Administration's response to the submission dated 10 December 2004 from the Hong Kong Institute of Certified Public Accountants

LC Paper No. CB(1)654/04-05(02)
(English version issued on 7 January 2005)(Chinese version issued vide LC Paper No. CB(1)914/04-05 on 16 February 2005)

-Administration's response to the submission from the Insolvency Law Committee of the Law Society of Hong Kong

LC Paper No. CB(1)1281/04-05(03)
(English version issued on 18 April 2005)
(Chinese version issued vide LC Paper No. CB(1)1313/04-05 on 19 April 2005)

-Administration's response to the submission dated 1 April 2005 from the Hong Kong Institute of Certified Public Accountants

Other papers

LC Paper No. CB(1)1089/04-05(01)
(Chinese version only)(issued on 11 March 2005)

-Letter dated 9 March 2005 from Hon CHAN Kam-lam to the Administration requesting clarification on a number of points related to the Bill

LC Paper No. CB(1)1282/04-05(01)
(Chinese version issued on 20 April2005)(English translation issued vide LC Paper No. CB(1)1419/04-05 on 29 April 2005)

-Administration's reply dated 19 April 2005 providing clarification on a number of points related to the Bill raised by Hon CHAN Kam-lam

Council Business Division 1
Legislative Council Secretariat
8 June 2005