THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
Affidavits.
56. Where an order shall have been made for the winding-up of any company, any person intending to use any affidavit in any proceeding under such order, shall file the same with the Registrar and give notice thereof to the official liquidator. The person, other than the official liquidator, filing the affidavit shall not be required to take an office copy thereof, but an office copy thereof shall be taken by the official liquidator, and he shall produce the same at the hearing of any application or proceeding upon which it is intended to be used, unless the judge shall otherwise direct.
Certificate of Registrar.
57. The certificate of the Registrar shall be in such form as he may deem necessary and when prepared and settled shall be transcribed in such form and within such time as the Registrar shall require, and shall be signed by the Registrar either then or (if necessary) at an adjournment to be made for that purpose.
58. Any party may before the proceedings before the Registrar are concluded, take the opinion of the judge upon any matter arising in the course of the proceedings without any fresh summons for that purpose.
59. Every certificate with the accounts (if any) to be filed therewith shall be filed by the Registrar and shall thenceforth be binding on all the parties to the proceedings unless discharged or varied upon application by summons to be made before the expiration of eight clear days after the filing of the certificate.
60. The judge may if the special circumstances of the case require it upon an application by motion or summons for the purpose direct a certificate to be discharged or varied at any time after the same has become binding on the parties.
Register and File of Proceedings.
61. Notes shall be kept of all proceedings in chambers by the judge's clerk with proper dates, so that all the proceedings in each matter may appear consecutively and in chronological order with a short statement of the questions or points decided or ruled at every hearing and no document or proceedings are to be filed with the Registrar, unless the judge shall otherwise direct.
62. All orders, exhibits, admissions, memorandums, and office copies of affidavits, examinations, depositions, and certificates, and all other documents relating to the winding-up of any company, shall be filed by the official liquidator, as far as may be, in one continuous file and such file shall be kept by him or otherwise, as the judge may from time to time direct. Every contributory of the company, and every creditor thereof whose debt or claim has been allowed, shall be entitled, at all reasonable times, to inspect such file free of charge, and, at his own expense, to take copies or extracts from any of the documents comprised therein, or to be furnished with such copies or extracts at a rate not exceeding five cents per folio of seventy-two words; and such file shall be produced in Court, or before the judge, and otherwise, as occasion may require.
Provisional Official Liquidator.
63. All the above Rules relating to official liquidators shall, as far as the same are applicable, and subject to the directions of the judge in each case, apply to provisional official liquidators.
Attendance and Appearance of Parties.
64. Every person for the time being, on the list of contributories of the company left with the Registrar by the official liquidator, and every person having a debt or claim against the company, allowed by the judge, shall be at liberty, at his own expense, to attend the proceedings before the judge, and shall be entitled, upon payment of the costs occasioned thereby, to have notice of all such proceedings as he shall by written request desire to have notice of; but if the judge shall be of opinion that the attendance of any such person upon any proceeding has occasioned any additional costs which ought not to be borne by the funds of the company, he may direct such costs or a gross sum in lieu thereof, to be paid by such person; and such person shall not be entitled to attend any further proceedings until he has paid the same.
65. The judge may from time to time appoint any one or more of the contributories, or creditors, as he thinks fit, to represent before him, at the expense of the company, all or any class of the contributories or creditors, upon any question as to a compromise with any of the contributories or creditors, or in and about any other proceedings before him relating to the winding-up of the company, and may remove the person or persons so appointed. In case more than one person shall be so appointed, they shall unite in employing the same solicitor to represent them.
66. No contributory or creditor shall be entitled to attend any proceedings at the chambers of the judge, unless and until he or his duly constituted attorney has entered in a book to be kept by the Registrar for that purpose his name and address, and the name and address of his solicitor (if any), and upon any change of his address or of his solicitor, his new address, and the name and address of his new solicitor.
Services of Summonses, Notices, &c.
67. Service upon contributories and creditors shall be effected (except when personal service is required) by delivering the notice, or a copy of the summons or order or other proceeding at, or by sending the same through the post in a pre-paid letter addressed to the solicitor of the party to be served (if any) or otherwise to the party.
Filing and office copies of affidavits. [ibid, r. 55]
Form of Registrar's certificate. [R. S. C. (England), 1883, order LV, r. 67 substituted for Cons. Ord. XXXV, r. 48]
Time for taking opinion of judge before certificate signed by him. [ibid, r. 69. Note Cons. Ord. XXXV, rr. 49 to 51 are not revived]
When certificate becomes binding application to discharge or vary it. [ibid, r. 70]
Discharge or variation after lapse of time. [ibid, r. 71]
Register of proceedings. [General Order 1862, r. 57. Consolidated order XXXV, r. 57 as altered by R. S. O., 1883. (England) Ord. LV, r. 73]
File of proceedings. [General Order, 1862, r. 58]
Provisional official liquidator. [ibid, r. 59]
Attendance of parties. [ibid, r. 60]
Appointment of representative party. [ibid, r. 61]
Particulars to be given before attendance. [ibid, r. 62]
Service how effected. [ibid, r. 63]
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