Section 129
Fraudulent debtors
(1)
Any person who has been adjudged bankrupt or in respect of whose estate a receiving order has been made shall -
(a)
if he does not to the best of his knowledge and belief fully and truly discover to the trustee all his property, real and personal and how and to whom and for what consideration and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any) or laid out in the ordinary expenses of his family, unless he proves that he had no intent to defraud;
(b)
if he does not deliver up to the trustee or as he directs all such part of his movable or immovable property as is in his custody or under his control and which he is required by law to deliver up, unless he proves that he had no intent to defraud;
(c)
if he does deliver up to the trustee, or as he directs all books, documents, papers and writings in his custody or under his control relating to his property or affairs, unless he proves that he had no intent to defraud;
(d)
if, after the presentation of a bankruptcy petition by or against him or within 12 months next before such presentation, he conceals any part of his property to the value of $100 or upwards or conceals any debt due to or from him, unless he proves that he had no intent to defraud;
(e)
if, after the presentation of a bankruptcy petition by or against him or within 12 months next before such presentation, he fraudulently removes any part of his property to the value of $100 or upwards;
Cf) if he makes any material omission or misstatement in any statement relating to his affairs, unless he proves that he had no intent to defraud;
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Bankruptcy
(g)
if, knowing or having any reason to believe that a false debt has been proved by any person under the bankruptcy, he fails for the period of a month to inform the trustee thereof;
if, after the presentation of a bankruptcy petition by or against him, he prevents or is party or privy to preventing the production of any book, document, paper or writing affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs or to defeat the law;
(9 if, after tlie presentation of a bankruptcy petition by or against him or within 12 months next before such presentation, he removes, conceals, destroys, mutilates or falsifies or is privy to the removal, concealment, destruction, mutilation or falsification of any book or document affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs or to defeat the law;
0) if, after the presentation of a bankruptcy petition by or against him or within 12 months next before such presentation, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs or to defeat the law;
(k)
if, after the presentation of a bankruptcy petition by or against him or within 12 months next before such presentation, he fraudulently parts with, alters or makes any omission in, or is privy to the fraudulently parting with, altering or making any omission in, any document affecting or relating to his property or affairs;
(Z)
if, after the presentation of a bankruptcy petition by or against him or at any meeting of his creditors within 12 months next before such presentation, he attempts to account for any part of his property by fictitious losses or expenses;
(m)
if, within 12 months next before the presentation of a bankruptcy petition by or against him or after tlie presentation of a bankruptcy petition and before the making of a receiving order, he by any false representation or other fraud has obtained any property on credit, and has not paid for the credit;
Bankruptcy
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(n)
if, within 12 months next before the presentation of a bankruptcy petition by or against him or after the presentation of a bankruptcy petition and before the making of a receiving order, he obtains under the false pretence of carrying on business, and if a trader, of dealing in the ordinary way of his trade, any property on credit and has not paid for the credit, unless he proves that he had no intent to defraud;
(0)
if, within 12 months next before the presentation of a bankruptcy petition by or against him or after the presentation of a barh~ptcy petition and before the making of a receiving order, he pawns, pledges or disposes of any property which he has obtained on credit and has not paid for, unless, in the case of a trader, such pawning, pledging or disposing is in the ordinary way of his trade, and unless in any case he proves that he had no intent to defraud; or
(p)
if he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to an agreement with reference to his affairs or to his bankruptcy;
is guilty of an offence and liable on conviction to imprisonment for 2 years.
(2)
A person who has sent out of Brunei Darussalam any property which he has obtained on credit and has not paid for, until the contrary is proved, is deemed to have disposed of the property otherwise than in the ordinary way of his trade if, such property not having been paid or accounted for at the date of the receiving order by the person to whom the property was sent, such last-n~entioned person does not pay or account for the property within a reasonable time after being called upon to do so by the trustee or cannot be found within a reasonable time.
(3)
In any prosecution under subsection (l)(i), the absence of any such book or document as is referred to in that paragraph shall, until the contrary is proved, be evidence that such book or document was removed by the debtor contrary to the provisions of that paragraph or that he was privy to its removal contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so remove such book or document and that he was not privy to such removal.
a
(4)
In any prosecution under subsection (l)(i), the mutilation or falsification of any such book or document as is referred to in that paragraph shall, until the contrary is proved, be evidence that such book or document
B. L.R.O. 7/,702/
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Bankruptcy was mutilated or falsified by the debtor in contravention of the provisions of that paragraph or that he was privy to its mutilation or falsification contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so mutilate or falsify such book or document and that he was not privy to such mutilation or falsification.
(5)
For the purposes of this section, "trustee" includes the Official
Receiver, whether acting as Official Receiver or as a trustee.