228322-1936-Companies-Winding-up-Rules-1936 — Page 1

1936.

1161

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31,

No. 1018.

Companies (Winding-up) Rules, 1936.

The Companies (Winding-up) Rules, 1936, made by the Chief Justice pursuant to the Companies Ordinance, 1932, section 282, and approved by the Legislative Council on the 30th day of December, 1936.

The references in the margin, "R1", etc., are to the English Companies (Winding-up) Rules, 1929,

Preliminary.

R 1.

1. Subject to the limitation hereinafter mentioned these Application Rules shall apply to the proceedings in every Winding-up under of rules. the Ordinance of a Company, which shall commence on and after the date on which these Rules come into operation, and they shall also, so far as practicable, and subject to any general or special order of the Court, apply to all proceedings which shall be taken or instituted after the said date, in the Winding- up of a Company which commenced on or after the 1st day of July, 1933. Rules which from their nature and subject matter are, or which by the head lines above the group in which they are contained or by their terms are made applicable only to the proceedings in a Winding-up by the Court, or only to such proceedings and proceedings in a creditors voluntary Winding- up shall not apply to the proceedings in a voluntary Winding- up, or as the case may be in a members' voluntary Winding-up whether any such voluntary Winding-up is or is not being continued under the supervision of the Court.

2. In these Rules, unless the context or subject-matter Interpreta- otherwise requires :--

tion of terms.

"The Ordinance" means the Companies Ordinance, 1932. R2, "The Company" means a company which is being wound- up, or against which proceedings to have it wound-up have been commenced.

"Court" means the Supreme Court of Hong Kong and includes any Judge thereof.

"Creditor" includes a corporation, and a firm of creditors in partnership.

"Gazetted" means published in the Hong Kong Govern- ment Gazette.

"Liquidator" includes an Official Receiver when acting as Liquidator.

"Official Receiver" includes any officer appointed by the Governor to discharge the duties of Official Receiver under the Ordinance and includes a Deputy Official Receiver appointed.

SO

"Proceedings" means the proceedings in the winding-up of a Company under the Ordinance.

"Registrar" means the Registrar of the Court and in- cludes a Deputy Registrar.