660 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.
Power to
examination of promoters, directors, &e. 8 Edw 7 c. 69 s. 175.
(3) The court may require him to produce any books and papers in his custody or power relating to the com- pany: but, where he claims any lion o books or papers produced by him, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien.
(4) If any person so summoned after being tendered a reasonable sun for his expenses, refuses to come before the court at the tinte appointed, not having a lawful impe- diment (made known to the court at the time of its sitting, and allowed by it), the court may cause him to be appre- hended, and brought before the court for examination.
170.-(1) When an order has been made for winding order public up a company by the court, and the official receiver has made a further report under this Ordinance stating that in his opinion a fraud has been committed by any person in the promotion or formation of the company, or by any director or other officer of the company in relation to the company since its formation, the court may, after consider- ation of the report, direct that any person who has taken any part in the promotion or formation of the company, or has been a director, or officer of the company, shall attend before the court on a day appointed by the court for that purpose, and be publicly examined as to the promotion or formation or the coadnet of the business of the com- pany or as to his conduct and dealings as director or officer thereof.
Power
to arrest
lb s. 176.
(2) The official receiver shall take part in the examina- tion, and for that purpose may, if specially authorized by the court in that behalf, employ a solicitor with or without
couse!.
(3) The liquidator, where the official re eiver is not the liquidator, and any creditor or contributory, may also take part in the examination either personally or by solicitor or consei.
(4) The court may put such questions to the person examined as the court thinks fit.
(5) The person examined shall be examined on oath, and sball answer all such questions as the court may put or allow to be put to him.
(6) A person ordered to be examined under this section shall at his own cost, before his examination, be furnished with a copy of the official receiver's report, and may at his own cost employ a solicitor with or without counsel, who shall be at liberty to put to him such questions as the court may deem just for the purpose of enabling him to explain or qualify any auswers given by him: Provided that if he is, in the opinion of the court, exculpated from any charges inade or suggested against him, the court may allow him such costs as in its discretion it may think fit.
(7) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may thereafter be used in evidence against him, and shall be open to the inspection of any creditor or contributory at all reasonable times.
(8) The court may, if it thinks tit, adjourn the examin- ation from time to time,
(9) An examination under this section may, if the court so directs, and subject to general rules, be held before any officer of the Supreme Court, named for the purpose by the court and the powers of the court under this section as to the conduct of the examination, but not as to costs, may be exercised by the person before whom the examination is held.
171. The court, at any time either before or after making a winding-up order, on proof of probable emuse for absconding contributory believing that a contributory is about to quit the Colony, or otherwise to abscond, or to remove or conceal any of his property for the purpose of evading payment of calls, or of avoiding examination respecting the affairs of the company, may cause the contributory to be arrested, and his books and papers and moveable personal property to be seized, and him and them to be safely kept until such time as the court may order.
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