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THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.
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Notice by persons who intend to
appear.
Form 9.
List of
names and
addresses of
persons who
appear on
the petition.
- Form 10.
Affidavits in opposition and reply.
Substitution of creditor or contributory for with- drawing petitioner.
Notice that winding-up order has been pro- nounced to
be given to Official Receiver.
Forms 11 and 12.
Contents of
order.
Form 13.
petition of any petitioner who has not, prior to the bearing of the petition, attended before the Registrar at the time appointed, and satisfied him in manner required by this Rule.
30. Every person who intends to appear on the bearing of a petition shall serve on, or send by post to, the peti- tioner, or his solicitor or Hongkong agent, at the address stated in the advertisement of the petition, notice of his intention. The notice shall contain the address of such person, and shall be signed by him or by his solicitor or Hongkong agent, and shall be served, or if sent by post shall by posted in such time as in ordinary course of post to reach the address not later than six o'clock in the afternoon of the day previous to the day appointed for the hearing of the petition. The notice may be in Form 9 with such variations as circumstances may require. A person who has failed to comply with this Rule shall not, without the special leave of the Court, be allowed to appear on the hearing of the petition.
31. The petitioner, or his solicitor or Hongkong agent, shall prepare a list of the names and addresses of the persons who have given notice of their intention to appear on the hearing of the petition, and of their respective solicitors, which shall be in Form 10. On the day appoint- ed for hearing the petition a fair copy of the list (or if no notice of intention to appear has been given a statement in writing to that effect) shall be handed by the petitioner, or his solicitor or Hongkong agent, to the Court prior to the hearing of the petition.
32.—(1.) Affidavits in opposition to a petition that a Company may be wound up under the order or subject to the supervision of the Court shall be filed within seven days, or such longer time as the Court may direct, of the date on which the affidavit verifying the petition is filed and notice of the filing of every affidavit in opposition to such a petition shall be given to the petitioner or the solicitor or Hongkong agent of the petitioner, on the day on which the affidavit is filed.
(2.) An affidavit in reply to an affidavit filed in opposition to a petition shall be filed within three days of the date on which notice of such affidavit is received by the petitioner or the solicitor or Hongkong agent of the petitioner.
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33. When a petitioner consents to withdraw his peti- tion, or to allow it to be dismissed, or the hearing adjourned, or fails to appear in support of his petition when it is called on in Court on the day originally fixed for the hearing thereof, or on any day to which the hearing has been adjourned, or, if appearing, does not apply for an order in the terms of the prayer of his petition, the Court may, upon such terms as it may think just, substitute as petitioner. any creditor or contributory who in the opinion of the Court would have a right to present a petition, and who is desirous of prosecnting the petition.
ORDER TO WIND-UP A COMPANY.
34. When an order for the winding-up of a Company, or for the appointment of the Official Receiver as Provi- sional Liquidator prior to the making of an order for the winding-up of the Company, has been pronounced in Court, the Registrar shall, on the same day, send to the Official Receiver a notice informing him that the order has been pronounced.
The notice may be in Forms 11 and 12 respectively, with such variations as circumstances may require.
35. An order to wind up a Company shall contain at winding-up the foot thereof a notice stating that it will be the duty of the person who is at the time Secretary or Chief Officer of the Company, and of such of the persons who are liable to make out or concur in making out the Company's statement of affairs as the Official Receiver may require, to attend on the Official Receiver forthwith on the service of the order at the place mentioned therein.