THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913. 41
served, in the manner in which an originating summous is required by the Rules of the Supreme Court 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 bearing 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.
(2.) On the return of the summons the Court may give such directions as it shall think fit for the hearing of the summons before a Judge in Court, the taking of evidence wholly or in part by affidavit or orally, and the cross- examination either before a Judge on the hearing in Court or in Chambers of any deponents to affidavits in support of or in opposition to the application.
58. Where in the course of the proceedings in a winding- Use of up by the Court an order has been made for the public depositions examination of persons named in the order pursuant to taken at
public section 170 of the Ordinance, and it appears from the examina- examination that the persons examined, or some of them, tions. have misapplied, or retained, or become liable, or accountable for moneys or property of the Company, or been guilty of misfeasance or breach of trust in relation to the Company, then in any proceedings subsequently instituted under section 205 of the Ordinance, for the purpose of examining into the conduct of the said persons, or any of them, and compelling repayment or restoration to the Company of any moneys or property, or contribution by way of compen- sation to the assets of the Company by such persons or any of them, 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 persons of any of the statements contained in the notes of the examinations, be admissible in evidence against any of the persons against whom the application is made, who, under section 170 of the Ordinance, and the order for the public examination, was or had the opportunity of being present at and taking part in the examination. Provided that before any such notes of a public examination shall be used on any such application, the person intending to use the same shall, not less than fifteen days before the day appointed for hearing the application, give notice of such intention to each person against whom it is intended to use such notes, or any of them, specifying the notes or parts of the notes which it is intended to read against him, and furnish him with copies of such notes, or parts of notes (except notes of the person's own depositions), and provided also that every person against whom the application is made shall be at liberty to cross-examine or re-examine (as the case may be) any person the notes of whose examination are read, in all respects as if such person had made an affidavit on the application.
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WITNESSES AND DEPOSITIONS,
59. If the Court or the officer of the Court before whom Shorthand any examination under the Ordinance and Rules is directed Notes. to be held shall in any case, and at any stage of the pro- Forms 30 ceedings, be of opinion that it would be desirable that a and 31. person (other than the person before whom an examination is taken) should be appointed to take down the evidence of any person examined in shorthand or otherwise, it shall be competent for the Court or officer aforesaid to make such appointment. The person at whose instance the examina- tion is taken shall nominate a person for the purpose, and the person so nominated shall be appointed, unless the Court or officer holding the examination shall otherwise order. Every person so appointed shall be paid a sum not exceeding $20 a day, and a sum of 40 cents per folio of 90 words for any transcript of the evidence that may be required, and such sums shall be paid by the party at whose instance the appointment was made, or out of the assets of the Company as may be directed by the Court.