On 12 July 2023, the Legislative Council enacted the Bankruptcy and Companies Legislation (Miscellaneous Amendments) Ordinance 2023, a transformative initiative to modernise the filing and notice processes under the Bankruptcy Ordinance (Cap 6) and the Companies (Winding-Up and Miscellaneous Provisions) Ordinance (Cap 32). With the amendments, the Official Receiver’s Office (ORO) introduces the Electronic Submission System (ESS) to bring the ORO and insolvencies into the 21st century.

Changes effective from 29 December 2023

On 29 December 2023, selected provisions of Part 2 and the entirety of Part 3 of the Amendments Ordinance will take effect. Parts 1, 4 and 5 were already given effect from 21 July 2023 when the amendments were gazetted. These included changes to allow for electronic submission of proxies under rule 99R of the Bankruptcy Rules (Cap 6A) and rule 139 of the Companies (Winding-Up) Rules (Cap 32H).

Electronic submission of documents to the ORO

Part 2 of the amendments provide for the electronic submission of various documents to the Official Receiver. It empowers the Official Receiver to specify the forms and requirements for electronic submission including:

• Liquidator’s accounts under s203 of Cap 32;
• Annual Statements of Earnings and Property Acquired under s43A of the Bankruptcy Ordinance; and
• Reports on the investigation of the conduct of the bankrupt under s86A of the Bankruptcy Ordinance.

The Official Receiver will publish comprehensive guidance on the electronic submission system through its official website in the coming weeks.

Publication of notices, orders and other matters

Part 3 provides for various notices, orders or matters required to be published or given in specified means as provided in Schedule 4 to the Bankruptcy Ordinance and Schedule 27 to Cap 32 and, in particular, dispenses with mandatory newspaper advertising (leaving only gazettal necessary), including in relation to:

• Statements of Voluntary Winding-Up under s228A of Cap 32;
• Notices of the appointment or the ceasing to act of a liquidator under ss228A and 253 of Cap 32;
• Notices of a creditors’ meeting under ss237A and 241 of Cap 32; and
• Notices of a general meeting under ss239 and 248 of Cap 32.

For the avoidance of doubt, however, the amendments in Part 3 do not affect the power of the court to make orders prescribing the publication and form of publication of notices. Practitioners may still consider additional advertising methods to bring the relevant matters to the attention of the public, which may be by electronic, web-based or by way of newspaper means as appropriate and reasonable in the circumstances and to pre-empt any concerns a court may harbour.

Conclusion

In conclusion, the Amendments Ordinance not only modernises processes but also lays the foundation for a more accessible and streamlined approach in the ORO and therefore alleviates one of the major headaches and administrative burdens for insolvency practitioners in its dealings with the ORO and the public. These amendments will be welcomed by the industry and we will provide an additional update when further guidance is published by the Official Receiver.

• Jacky Cheung, one of the litigation team trainees co-authored this article
• Acknowledgements to intern Tiffany Lam, for her contribution to this article