250
CAP. 32]
Unclaimed assets to be paid to companies liquidation account.
1929 c. 23. s. 285.
Resolutions passed at adjourned meetings of creditors and contributories. 1929 c. 23. s. 287,
Meetings to ascertain wishes of creditors or contributories.
1929 c. 23. s. 288.
Companies
[1984 Ed.
(3) If a liquidator fails to comply with this section, he shall be liable to a fine of $500 for each day during which the default continues, and any person untruthfully stating himself as aforesaid to be a creditor or contributory shall be guilty of a contempt of court, and shall, on the application of the liquidator or of the Official Receiver, be punishable accordingly.
285. (1) If it appears either from any statement sent to the Registrar under section 284 or otherwise that a liquidator has in his hands or under his control any money representing unclaimed or undistributed assets of the company which have remained unclaimed or undistributed for 6 months after the date of their receipt, or any money held by the company in trust in respect of dividends or other sums due to any person as a member of the company, the liquidator shall forthwith pay the said money to the companies liquidation account, and shall be entitled to the prescribed certificate of receipt for the money so paid, and that certificate shall be an effectual discharge to him in respect thereof.
(2) [Deleted, 6 of 1984, s. 199]
(3) Any person claiming to be entitled to any money paid in pursuance of this section may, within 5 years of the date when the money was so paid, apply to the Official Receiver for payment thereof, and the Official Receiver may, on a certificate by the liquidator that the person claiming is entitled, make an order for the payment to that person of the sum due. (Amended, 71 of 1971, s. 3)
(4) Any person dissatisfied with the decision of the Official Receiver in respect of a claim made in pursuance of this section may appeal to the court.
(5) Any money paid in pursuance of this section which remains unclaimed for a period of 5 years shall be transferred to the general revenue of Hong Kong. (Added, 71 of 1971, s. 3. Amended, 6 of 1984, s. 259)
(Amended, 6 of 1984, s. 199)
286. Where a resolution is passed at an adjourned meeting of any creditors or contributories of a company, the resolution shall, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date.
(Amended, 6 of 1984, s. 200)
Supplementary Powers of Court
287. (1) The court may, as to all matters relating to the winding up of a company, have regard to the wishes of the creditors or contributories of the company, as proved to it by any sufficient evidence, and may, if it thinks fit, for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be
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