THE HONGKONG GOVERNMENT GAZETTE, 8г¤ OCTOBER, 1864.
to be the special Act, and "the Company" shall mean the Company that is being wound up, and any Appointment by the said incorporated Provisions directed to be made under the Hand of the Secretary, or any two of the Directors, may be made under the Hand of the Liquidator, if only one, or any two or more of the Liquidators if more than one.
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Executions to be void.
CLVI. Where any Company is being wound up by the Court or subject to the certain Attachments, supervision of the Court, any Attachment, Sequestration, Distress, or Execution put in Sequestrations, and force against the Estate or Effects of the Company after the commencement of the winding-up shall be void to all intents.
ference.
CLVII. Any such Conveyance, Mortgage, delivery of Goods, Payment, Execution, Fraudulent pre- or other act relating to property as would, if made or done by or against any individual Trader, be deemed in the event of his Bankruptcy to have been made or done by way of undue or fraudulent Preference of the Creditors of such Trader, shall, if made or done by or against any Company, be deemed, in the event of such Company being wound up under this Ordinance, to have been made or done by way of undue or fraudulent Preference of the Creditors of such Company, and shall be invalid accordingly; and for the purposes of this Section the presentation of a Petition for winding-up a Company shall in the case of a Company being wound up by the Court or subject to the supervision of the Court, and a Resolution for winding-up the Company shall in the case of a voluntary winding-up, be deemed to correspond with the Act of Bankruptcy in the case of an individual Trader; and any Conveyance or Assignment made by any Company formed under this Ordinance of all its Estate and Effects to Trustees for the benefit of all its Creditors shall be void to all Intents.
Power of Court to
assess Damages against Delinquent
CLVIII. Where, in the course of the winding-up of any Company under this Ordinance, it appears that any past or present Director, Manager, Official or other Liquidator, or any Officer of such Company, has misapplied or retained in his own Directors & Officers. hands or become liable or accountable for any Moneys of the Company, or been guilty of any misfeasance or breach of trust in relation to the Company, the Court may, on the application of any Liquidator, or of any Creditor or Contributory of the Company, notwithstanding that the Offence is one for which the Offender is criminally responsible, examine into the conduct of such Director, Manager, or other Officer, and compel him to repay any Moneys so misapplied or retained, or for which he has become liable or accountable, together with interest after such rate as the Court thinks just, or to con- tribute such Sums of Money to the Assets of the Company by way of compensation in respect of such Misapplication, Retainer, Misfeasance, or Breach of Trust, as the Court thinks just.
cation of Books.
CLIX. If any Director, Officer, or Contributory of any Company ordered to be Penalty on Falsifi- wound up under this Ordinance destroys, mutilates, alters, or falsifies any Books, Papers, Writings, or Securities, or makes or is privy to the making of any false or fraudulent Entry in any Register, Book of Account, or other Document belonging to the Company with intent to defraud or deceive any Person, every Person so offending shall be deemed to be guilty of a Misdemeanour, and upon being convicted shall be liable to imprisonment for any Term not exceeding Two Years, with or without hard Labour.
linquent Directors in
CLX. Where any Order is made for winding-up a Company by the Court or Prosecution of De- subject to the supervision of the Court, if it appear in the course of such winding-up the case of winding- that any past or present Director, Manager, Officer, or Member of such Company has up by Court. been guilty of any Offence in relation to the Company for which he is criminally res- ponsible, the Court may, on the application of any Person interested in such winding- up, or of its own motion, direct the Official Liquidators, or the Liquidators (as the case may be), to institute and conduct a Prosecution or Prosecutions for such Offence, and may order the Costs and Expenses to be paid out of the Assets of the Company.
linquent Directors,
CLXI. Where a Company is being wound up altogether voluntarily, if it appear Prosecution of De- to the Liquidators conducting such winding-up that any past or present Director, &c., in case of volun- Manager, Officer, or Member of such Company has been guilty of any Offence in rela- tary winding-up. tion to the Company for which he is criminally responsible, it shall be lawful for the Liquidators, with the previous sanction of the Court, to prosecute such Offender, and all Expenses properly incurred by them in such Prosecution shall be payable out of
the Assets of the Company in priority to all other Liabilities.
CLXII. If any Person, upon any Examination upon Oath or Affirmation autho- Penalty of Perjury. rized under this Ordinance, or in any Affidavit, Deposition, or solemn Affirmation in