THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.
163.--(1.) Upon a Liquidator resigning, or being Proceedings released or removed from his office, he shall deliver over on resigna to the Official Receiver, or as the case may be, to the new tion, &c., of Liquidator, all books kept by him, and all other books, Liquidator. documents, papers, and accounts in his possession relating to the office of Liquidator. The release of a Liquidator shall not take effect unless and until he has delivered over to the Official Receiver, or as the case may be to the new Liquidator, all the books, papers, documents, and accounts which he is by this Rule required to deliver on his release.
(2.) The Court may, at any time during the progress of Disposal of the liquidation, on the application of the Liquidator or the books. Official Receiver, direct that such of the books, papers, and documents of the Company or of the Liquidator as are no longer required for the purpose of the liquidation, may be sold, destroyed, or otherwise disposed of.
164. Where property forming part of a Company's assets Expenses of is sold by the Liquidator through an auctioneer or other sales. agent, the gross proceeds of the sale shall be paid over by such auctioneer or agent, and the charges and expenses connected with the sale shall afterwards be paid to such auctioneer or agent, on the production of the necessary certificate of the taxing officer. Every Liquidator by whom such auctioneer or agent is employed, shall, unless the Court otherwise orders, be accountable for the proceeds of every such sale.
TAXATION OF COSTS.
by or to
165. Every solicitor, manager, accountant, auctioneer, Taxation of broker, or other person employed by an Official Receiver or costs payable Liquidator in a winding-up by the Court shall on request Official by the Official Receiver or Liquidator (to be made a suffi- Receiver or cient time before the declaration of a dividend) deliver his Liquidator or bill of costs or charges to the Official Receiver or Liquidator by Company. for the purpose of taxation; and if he fails to do so within the time stated in the request, or such extended time as the Court may allow, the Liquidator shall declare and distribute the dividend without regard to such person's claim, and subject to any order of the Court the claim shall be forfeited. The request by the Official Receiver or Liquidator shall be in the Form No. 96.
Form 86.
166. Where a bill of costs or charges in any winding-up Notice of has been lodged with the Taxing Officer, he shall give appoint. notice of an appointment to tax the same, in a winding-up. ment. by the Court to the Official Receiver, and in every winding- up to the Liquidator, and to the person to or by whom the bill or charges is or are to be paid (as the case may be).
Bill.
187. The bill or charges, if incurred in a winding-up by Lodgment of the Court prior to the appointment of a Liquidator, shall be lodged with the Official Receiver, and if iucurred after the appointment of a Liquidator, shall be lodged with the Liquid- ator. The Official Receiver or the Liquidator, as the case may be, shall lodge the bill or charges with the Taxing
Officer.
furnished.
168. Every person whose bill or charges in a winding- Copy of the up by the Court is or are to be taxed shail, on application Bill to be either of the Official Receiver or the Liquidator, furnish a copy of his bill or charges so to be taxed, on payment at the rate of 40 cents per folio, which payment shall be charged on the assets of the Company. The Official Receiver shall call the attention of the Liquidator to any items which, in his opinion, ought to be disallowed or reduced, and may attend or be represented on the taxation.
169. Where any party to, or person affected by, any Applications proceeding desires to make an application for an order that for costs. he be allowed his costs, or any part of them, incident to
such proceeding, and such application is not made at the time of the proceeding :
-:
(1.) Such party or person shall serve notice of his intended application on the Official Receiver in a winding-up by the Court and in every winding-up on the Liquidator.
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