THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
81. Notice of the list of creditors shall, after the filing of the affidavit mentioned in the 77th Rule, be published at such times, and in such newspapers, as the judge shall direct. Every such notice shall state the amount of the proposed reduction of capital, and the places where the aforesaid list of creditors may be inspected and the time within which creditors of the company who are not entered on the said list, and are desirous of being entered therein, must send in their names and addresses, and the particulars of their debts or claims, and the names and addresses of their solicitors (if any) to the solicitor of the company.
82. The company shall, within such time as the judge shall direct, file, with the Registrar, an affidavit made by the person to whom the particulars of debts or claims are, by such notices as are hereinbefore mentioned in the 80th and 81st Rules required to be sent in, stating the result of such notices respectively, and verifying a list containing the names and addresses of the persons (if any) who shall have sent in the particulars of their debts or claims in pursuance of such notices respectively, and the amounts of such debts or claims, and some competent officer or officers of the company shall join in such affidavit, and shall in such list distinguish which (if any) of such debts and claims are wholly, or as to any and what part thereof, admitted by the company, and which (if any) of such debts and claims are wholly, or as to any and what part thereof, disputed by the company.
83. If any debt or claim, the particulars of which are so sent in, shall not be admitted by the company at its full amount, then and in every such case, unless the company are willing to set apart and appropriate in such manner as the Judge shall direct the full amount of such debt or claim, the company shall, if the Judge thinks fit so to direct, send to the creditor, a notice that he is required to come in and prove such debt or claim, or such part thereof as is not admitted by the company, by a day to be therein named, being not less than four clear days after such notice, and being the time appointed by the Judge for adjudicating upon such debts and claims, and such notice shall be sent in the manner hereinbefore mentioned in the 80th Rule.
84. Such creditors as come in to prove their debts or claims in pursuance of any such notice as is hereinbefore mentioned in the 83rd Rule shall be allowed their costs of proof against the company, and be answerable for costs, in the same manner as in the case of persons coming in to prove debts under a judgment or decree in a suit.
85. The result of the settlement of the list of creditors shall be stated in a certificate by the Registrar, and such certificate shall state what debts or claims (if any) have been disallowed, and shall distinguish the debts or claims the full amount of which the company are willing to set apart and appropriate, and the debts or claims (if any) the amount of which has been fixed by inquiry and adjudication in manner provided by section 13 of The Companies Ordinance, 1877, and the debts or claims (if any) the full amount of which is not admitted by the company, nor such as the company are willing to set apart and appropriate, and the amount of which has not been fixed by inquiry and adjudication as aforesaid, and shall show which of the creditors have consented in writing to the proposed reduction, and the total amount of the debts due to them, and the total amount of the debts or claims the payment of which has been secured in manner provided by the said 13th section, and the persons to or by whom the same are due or claimed; but it shall not be necessary to show in such certificate the several amounts of the debts or claims of any persons who have consented in writing to the proposed reduction or the payment of whose debts or claims has been secured as aforesaid.
86. After the expiration of eight clear days from the filing of such last-mentioned certificate, the petition may be placed in the hearing list upon a note from the Registrar to the Judge's clerk stating that the certificate has been filed and become binding.
87. Before the hearing of the petition, notices stating the day on which the same is appointed to be heard shall be published at such times and in such newspapers as the Judge shall direct.
88. Any creditor settled on the said list whose debt or claim has not, before the hearing of the petition, been discharged or determined, or been secured in manner provided by the 13th Section of The Companies Ordinance, 1877, and who has not before the hearing signed a consent to the proposed reduction of capital, may, if he thinks fit, upon giving two clear days' notice to the solicitor of the company of his intention so to do, appear at the hearing of the petition and oppose the application.
89. Where a creditor who appears at the hearing under the last preceding Rule is a creditor the full amount of whose debt or claim is not admitted by the company, and the validity of such debt or claim has not been inquired into and adjudicated upon under section 13th of The Companies Ordinance, 1877, the costs of and occasioned by his appearance shall be dealt with as to the Court shall seem just, but in all other cases a creditor appearing under the last preceding Rule shall be entitled to the costs of such appearance, unless the Court shall be of opinion that in the circumstances of the particular case his costs ought not to be allowed.
90. When the petition comes on to be heard, the Court may, if it shall so think fit, give such directions as may seem proper with reference to the securing in manner mentioned in Section 13th of The Companies Ordinance, 1877, the payment of the debts or claims of any creditors who do not consent to the proposed reduction; and the further hearing of the petition may, if the Court shall think fit, be adjourned for the purpose of allowing any steps to be taken with reference to the securing in manner aforesaid the payment of such debts or claims.
Advertisement as to list of creditors [ibid, r. 10]
Affidavit as to result of rules 79 and 80. [ibid, r. 11]
Proceedings where claim not admitted. [ibid, r. 12]
Costs of proof. [ibid, r. 13]
Registrar's certificate as to creditors. [ibid, r. 14]
Placing petition in list. [ibid, r. 15]
Advertisement of hearing. [ibid, r. 16]
Who may appear. [ibid, r. 17]
Costs of appearance. [ibid, r. 18]
Directions at the hearing. [ibid, r. 19]
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