Obligation
of liquida. fora.
Provisions
aa to time.
Application to court by liquidator
for direc. Liona
Application
of Part II.
Foreigu companies
to register particulare.
Foreign Companies to supply particulara
of charge.
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20. (1) Every liquidator appointed in respect of a liquidation pending on the 25th of December, 1941, shall, before such date as the Governor shall specify for the purpose by notion in the Gazette, file with the registrar of companies a statutory declaration giving all relevant particulars in respect of such liquidation as he is able to furnish and setting out what recorde and account booka (if any) relating to the company are in his possession or can be made available to him.
(2) Any liquidator who is in default in complying with the provisions of this section shall be liable to a fine not exceeding fifty dollata for every day during which the default continues.
21. In respect of any liquidation which was pending on the 25th of December, 1941, the period from the 25th of December, 1941, to the expiration of three mouths from the commencement of this Ordinance shall not be reckoned in calculating any period of time for the purposes of the principal Ordinance and of anything prescribed there- under. This provision shall not, however, affect the validity of any act or notice bona fide done or given in any auch liquidation after the 25th of December, 1941, and before the commoncement of this Ordinance.
A liquidator appointed in respect of any liquidation pending on the 26th of December, 1941, or any person in- terested in such liquidation may apply to the court by summons returnable before a judge to chazóbers for directions as to the continuation of such liquidation and upon such application the court may make such order and give such directions sa it deems fit, including the extension of any time limited by or proscribed under the principal Ordinance as extended by section 21 of this Ordinance. The court may, oh any moh application order that any steps taken, returns made, accounte taken, or acts of whatsoever nature done in the liquidation shall be taken, made or done de novo,
PART II.
23. This Part of this Ordinance shall apply to every company which, prior to the 25th of December, 1941, had complied with beution 319 of the principal Ordinance.
24. Every company to which this Part of this Ordinance applies and which, after the 25th of December, 1941, shall have continued to maintain a place of business within the Colony or which on or about such date shall have discontinued such business and subsequently re-established the same, shall, within three months of this Ordinance coming into force, com- ply with Part XI of the principal Ordinance notwithstanding that the documents required to be registered by such Part thereof have already been delivered to the registrar of com- panies. This requirement shall not apply to any company which, since the 1st of September, 1945, and prior to the coming into force of this Ordinance, shall have already delivered to the registrar of companies the documents and particulars required by section 319 of the principal Ordinance.
25. It shall be the duty of every company to which this Part applies, within three months from the coming into forca of this Ordinance, or such extended period as the registrar
10-
may, in any particular case, allow to send to the registrar particulare of all existing charges required to be registered under section 90 of the principal Ordinance and which were not so registored on the 8th of December, 1941.
PART III.
26. Any decision of the registrar pursuant to the pro- visions of this Ordinance shall be subject to appeal by way of summary application to a judge in chambers and any deci- sion of a judge or of the court other than a decision by way of appeal from the registrar shall be subject to appeal to the Full Court.
27. All matters required by this Ordinance and the principal Ordinance to be dealt with by statutory declaration may, if thought desirable, be included in the same statutory declaration.
Appeals.
Provision Im pagard to statutory declarations.
28. (1) If a company fails to comply with the provi- Liability to sious of this Ordinance the company and every officer of the company who is in default shall be liable to a default fine.
(2) No company or officer thereof shall be liable for any default fine under this section if it is proved to the sutis- faction of the court or magistrate that the company has not carried on business since the 1st of September, 1946, and bas no place of business within the Colony.
default from for failure to comply with this Ordionice.
20. Without prejudice to any provision imposing aforeme penalties:
(1) If a company, having made default in complying with any provision of this Ordinance which requires it to fille with, deliver or send to the registrar of companies any return, account or other document, or to give notice to him of any matter, fails to make good the default within fourteen days after the service of a notice on the company requiring it to do so, the court may, on an application made to the court by any member or creditor of the company or by the registrar of companies, maka an order directing the company and any officer thereof to make good the default within such time as may be specified in the order,
(2) Any such order may provide that all costs of an incidontal to the application shall be borne by the company or by any officer of the company responsible for the default.
Tassed the Legislative Council of Hong Kong, this 4th day of September, 1947.
Almutain Rods
Deputy Clerk of Councils.
of duty of company to make