2056 ORDINANCE No. 30 of 1886 .
Companies.
SCHEDULE ABOVE REFERRED TO.
Petition to wind up company. "
Construction. 1. In the construction of these rules ::
The word the Judge shall mean any Judge of the Supreme Court to whom
application is made under The Companies Ordinances, 1865 to 1886 or these
rules or any rules added or altered under the provisions of the said Ordi
nauces or these rules, and
The word the Registrar shall mean the Registrar of the Supreme Court .
Title ofpetition. 2. Every petition for the winding - up of any company by the Court, or subject to
[General orders
(England) Nov., the supervision of the Court and all notices, affidavits and other proceedings under such
1862, rule 1.]
petition shall be entitled in the matter of the Companies Ordinances 1885 to 1886 and of
the company to which such petition shall relate, describing the company by its most
usual style or firm name.
Advertisement 3. Every such petition shall be advertised seven clear days before the hearing once
ofpetition.
[Ibid, r. 2.] in the Gazette, and once at least in one of the Hongkong daily newspapers.
The advertisement shall state the day on which the petition was presented , and the
name and address of the petitioner or petitioners and of his or their solicitor.
Service of 4. Every such petition shall, unless presented by the company, be served at the
petition.
[Ibid, r. 3. ] registered office (if any) of the company, and if there be no registered office, then at
the principal, or last known principal place of business of the company in the Colony,
if any such can be found, upon any member, officer, or servant of the company there,
or in case no such member, officer, or servant can be found there, then by being left at
such registered office or principal place of business, or by being served on such member
or members of the company as the Court may direct ; and every petition for the winding
up of a company subject to the supervision of the Court shall also be served upon the
liquidator (if any ) appointed for the purpose of winding- up the affairs of the company.
ر
Affidavit verify 5. Every petition for the winding-up of any company by the Court , or subject to
ing petition.
(Ibid, r. 4.] the supervision of the Court, shall be verified by an affidavit referring thereto, such
affidavit shall be made by the petitioner, or by one of the petitioners, if more than one,
or, in case the petition is presented by the company, by some director, secretary, or
other principal officer thereof ; and shall be sworn after and filed within four days,
after the petition is presented, and such affidavit shall be sufficient primafacie evidence
of the statements in the petition.
Copies ofpetition 6. Every contributory or creditor of the company shall be entitled to be furnished
to be supplied.
{Ibid, r. 5.] by the solicitor to the petitioner, with a copy of the petition, within twenty-four hours.
after requiring the same on paying at the rate of 10 cents per folio of seventy-two
words for such copy.