THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.
Court that notice of the order and of the time and place ap- pointed for attendance at the public examination was duly served, without any further notice, to issue a warrant for the arrest of the person required to attend, or to make such other order as the Court shall think just.
(2) A warrant of arrest issued by the Court under this Warrants of Rule shall be issued in the Registry of the Supreme Court arrest. pursuant to an order of the Court directing such issue.
Form 38A.
examination
57. The notes of every public examination shall, after Notes of being signed as required by section 208 (7) of the Ordinance, to be filed.
Ꭱ 65. be filed with the Registrar.
Proceedings by or against Directors, Promoters, and Officers.
1173
Forms 34 and 35.
f
58. (1) An application under any of the following pro- Application visions of the Ordinance :-
(a) section 262;
(b) sub-sections (1) (2) or (4) of section 261; (c) section 209;
(d) sub-section (2) of section 345
shall be made by a summons returnable in the first instance in Chambers, in which summons shall be stated the nature of the declaration or order for which application is made, and the grounds of the application, and which summons, unless other- wise ordered by the Court, shall be served, in the manner in which an originating summons is required by the Code of Civil Procedure to be served, on every person against whom an order is sought, not less than eight days before the day named in the summons for hearing the application. Where the application is made by the Official Receiver or Liquidator he may make a report to the Court stating any facts and information on which he proceeds which are verified by affidavit, or derived from sworn evidence in the proceedings. Where the application is made by any other person it shall be supported by affidavit to be filed by him.
A copy of every report and affidavit intended to be used in support of the summons shall be served on every person against whom an order is sought not less than four days before the hearing of the summons.
(2) On the return of the summons the Court may give such directions as it shall think fit as to the taking of evidence wholly or in part by affidavit or orally, and the cross-examina- tion either before a Judge on the hearing in Court or in Cham- bers of any deponents to affidavits in support of or in opposition to the application and as to any report it may require the Official Receiver or Liquidator to make and generally as to the procedure on the summons and for the hearing thereof.
by or against delinquent directors, officers and promoters.
R. 66.
examina-
59. Where in the course of the proceedings in a winding- Use of up by the Court an order has been made for the public taken at
depositions examination of persons named in the order pursuant to section public 208 of the Ordinance, then in any proceedings subsequently tons. instituted under any of the provisions of the Ordinance men- R 69. tioned in paragraph (1) of Rule 58, the verified notes of the examination of each person who was examined under the order shall, subject as hereinafter mentioned, and to any order or directions of the Court as to the manner and extent in and to which the notes shall be used, and subject to all just exceptions to the admissibility in evidence against any particular person or