TNAG-1645-FCO40-2292-Company-law-reform-in-Hong-Kong-Companies-(Amendment)-(No.-2-1987 — Page 97

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

37

8.2

Section 228A was introduced by the Companies (Amendment)

Ordinance 1984. It was in implementation of a recommendation in

paragraph 8.22 of the Second Report of the Companies Law Revision

Committee (April 1973) which read as follows:

"At paragraph 503 of their Report the Jenkins Committee

recommended:-

"(r) in order to speed the appointment of

a liquidator in case of emergency,

the directors should have power to

deliver to the Registrar of Companies

a declaration that the company cannot

by reason of its liabilities continue

its business and that meetings of the

company and of its creditors will be

summoned for a date not more than

twenty-eight days after the date of

the declaration. After delivering such

a declaration the directors should be

required to appoint forthwith a provisional

liquidator to remain in office for

twenty-eight days or such extended period.

as the Board of Trade may allow, or until

the earlier appointment of a liquidator.

The declaration and notice of the appointment

of the provisional liquidator should be

required to be advertised, and such

notice to be delivered to the Registrar for

registration.

The date of the delivery

138.

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