1984 Ed.]
Companies / Winding-up) Rules
ĮCAP. 32
H 25
PUBLIC EXAMINATION
49. A report made by the Official Receiver pursuant to section 191(2) of the Ordinance shall state, in a narrative form, the facts and matters which the Official Receiver desires to bring to the notice of the court, and his opinion as required by the said section.
50. The Official Receiver may apply to the court to fix a day for the consideration of the report, and on such application the court shall appoint a day on which the report shall be considered.
51. The consideration of the report shall be before a judge personally in chambers, and the Official Receiver shall personally, or by counsel or solicitor, attend the consideration of the report, and give the court any further information or explanation with reference to the matter stated in the report which the court may require.
52. An order under section 222 of the Ordinance directing any person or persons to attend for public examination shall be in Form 29 with such variations as circumstances may require.
53. Upon an order directing a person to attend for public examination being made, the Official Receiver shall apply for the appointment of a day on which the public examination is to be held.
54. A day and place shall be appointed for holding the public examination, and notice of the day and place so appointed shall be given by the Official Receiver to the person who is to be examined by sending such notice in a registered letter addressed to his usual or last known address.
55. (1) The Official Receiver shall give notice of the time and place appointed for holding a public examination to the creditors and contributories by advertisement in such newspapers as the court from time to time may direct, or in default of any such direction as the Official Receiver thinks fit, and shall also cause notice of the appointment to be gazetted.
(2) Where an adjournment of the public examination has been directed, notice of the adjournment shall not, unless otherwise directed by the court, be advertised.
56. (1) If any person who has been directed by the court to attend for public examination fails to attend at the time and place appointed for holding or proceeding with the same, and no good cause is shown by him for such failure, or if before the day appointed for the examination the Official Receiver satisfies the court that such person has absconded, or that there is reason for believing that he is about to abscond with the view of avoiding examination, it shall be lawful for the court, upon its being proved to the satisfaction of the court that notice of the order and of the time and place appointed for attendance at the public examination was duly served, without any further notice, to issue a warrant for the arrest of the person required to attend, or to make such other order as the court shall think just.
[Subsidiary]
Report of Official Receiver to be filed.
Appointment of time for consideration of report.
Consideration of report. R. 59.
Order for public examination.
Form 29.
Application for day for holding examination.
R. 61.
Appointment of time and place for public examination.
R. 62.
Forms 30 and 31.
Notice of public examination to creditors and contributories.
R. 63.
Form 103(3).
Default in attending;
R. 64.
Form 38.