1959-HKRS28-8-26_Part02 — Page 21

Provisions

7. The provisions contained in sections 8 to 14 shall apply to applicable to the winding up by the Official Receiver of the affairs of a company winding up of company struck off the register of companies under section 4.

struck off

under section

4.

Certain sec- tions of

Companies Ordinance to apply. (Cap. 32).

Calls on contribu- tories.

Continua- tion of pending legal pro ceedings.

Obstruction of Official Receiver.

Control of

Official Receiver.

8. Sections 155 to 160, 175, 196, 206, 248 to 262, 266 to 268 and 270 of the Companies Ordinance shall apply mutatis mutandis as if on the day of the dissolution of the company under section 4 an order had been made for the winding up of the company by the court under the Companies Ordinance and as if the Official Receiver were the liquidator thereof under that Ordinance.

The Official Receiver shall have the same rights and power 9. to settle a list of the contributories of the company, to make and enforce calls on the contributories on the list so settled, and to com- promise calls and liabilities to calls, as if the company were being wound up by the court and he were the liquidator thereof.

10. Where any legal proceeding instituted by or against a company is pending at the date of its dissolution, such proceeding may be continued by or against the Official Receiver as representing such company.

11. Every person who-

(a) without lawful excuse refuses to hand over to the Official Receiver or any person authorized by him in that behalf any key, safe, document, account book, or other thing of any nature whatsoever belonging to the company of which he may have the custody or possession, or

(b) without lawful excuse in any way obstructs the Official Receiver or any person authorized by him in that bebalf in taking possession of any premises occupied by the company prior to its dissolution,

shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars and imprisonment for six months.

12. (1) Subject to the provisions of this Ordinance, the Official Receiver shall conform to any directions which may be given to him by the Governor.

(2) The Official Receiver shall with the permission of the Governor be entitled to apply by originating summons to the court for directions on any matter arising out of the winding up.

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(3) Any such application shall be heard and determined in such manner as the court may direct, and it shall be lawful for the court to hear such parties and persons as it may think fit. Without prejudice to the generality of this subsection the court may if it sees fit direct that the proceedings or any part thereof be heard in camera.

(4) If any person is aggrieved by any act or decision of the Official Receiver, that person may apply by originating summons to the court, and the court may confirm, reverse or modify the set or decision complained of, and make such order in the premises as it Thinks just.

13. (1) The accounts of the Official Receiver with respect to the Audit of

Oficial winding up shall be audited in such manner as the Governor may

Receiver's direct, and the cost of such audit shall be charged as an expense of accounts. the winding up.

(2) In the event of the accounts being audited by a public servant there shall be paid to the Government in respect of such audit a sum equal to the fee which would have been chargeable on the audit of the Official Receiver's accounts if the winding up had been a winding up by the court under the Companies Ordinance.

(Cap. 32).

of Official

14. (1) The Official Receiver shall not incur any personal Protection liability in respect of the winding op of any company under this Receiver, Ordinance.

(2) No legal proceeding of any kind whatsoever, civil or criminal, shall without the permission of the Governor be brought against the Official Receiver in respect of any act or omission connected in any manner whatsoever with any winding up under this Ordinance.

Ordinance

15. If the Governor in Council is satisfied that a company to Companies

to which which Part XI of the Companies Ordinance applies would, if it were a

Part XI of society registered under the Societies Ordinance, be liable to have its the registration under that Ordinance cancelled by the Registrar of Societies Companies on any of the grounds specified in subsection (5) of section 5 of that applies. Ordinance, the Governor in Council may order the company to cease (Cap. 32).

carry on business within the Colony, and such company shall there. Cap. 150. upon cease to carry on business within the Colony and shall be deemed to be an unlawful society within the meaning of and for the purposes of the Societies Ordinance:

to

Provided that a person shall not be liable to prosecution for an offence against the Societies Ordinance by reason only that he is a member of a company which has been ordered to cease to carry on business under this section.