228322-1936-Companies-Winding-up-Rules-1936 — Page 14

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.

Shorthand Notes

R 70.

Forms 32 and 33.

Committal

of con- tumacious witness.

R 71.

Form 36.

persons of any of the statements contained in the notes of the examinations, be admissible in evidence against any of the persons against whom the application is made, who, under section 208 of the Ordinance, and the order for the public examination, was or had the opportunity of being present at and taking part in the examination: Provided that before any such notes of a public examination shall be used on any such application, the person intending to use the same shall, not less than fifteen days before the day appointed for hearing the application, give notice of such intention to each person against whom it is intended to use such notes, or any of them, specifying the notes or parts of the notes which it is intended to read against him, and furnish him with copies of such notes, or parts of notes (except notes of the person's own deposi- tions), and provided also that every person against whom the application is made shall be at liberty to cross-examine or re- examine (as the case may be) any person the notes of whose examination are read, in all respects as if such person had made an affidavit on the application.

Witnesses and Depositions.

60. If the Court or the officer of the Court before whom any examination under the Ordinance and Rules is directed to be held shall in any case, and at any stage of the proceed- ings, be of opinion that it would be desirable that a person (other than the person before whom an examination is taken) should be appointed to take down the evidence of any person examined in shorthand or otherwise, it shall be competent for the Court or officer aforesaid to make such appointment, and every person so appointed, if not in the service of the Government, shall be paid a sum not exceeding twenty-five dollars a day, and also a sum not exceeding twenty-five cents per folio of seventy-two words for any transcript of the evidence that may be required and such sums shall be paid by the party at whose instance the appointment was made, or out of the assets of the company, as may be directed by the court. The shorthand writer (if any) attached to the Official Receiver's office shall be deemed to be duly appointed under this rule, and it shall not be necessary to make any application to make such appointment, and a general declaration by such shorthand writer adapted from Form 33 shall be deemed to apply to all cases in which notes are taken by him as aforesaid, but this rule shall not be construed as precluding the appointment of any other person. A transcript of any such notes, purporting to be such transcript, and purporting to be signed by a short- hand writer duly appointed under this Rule or by the shorthand writer attached to the Official Receiver's office, shall until the contrary is proved be sufficient, evidence that the questions and answers set forth therein were SO put and answered respectively.

61.-(1) If a person examined before a Registrar or other officer of the Court who has no power to commit for con- tempt of Court, refuses to answer to the satisfaction of the Registrar or officer any question which he may allow to be put, the Registrar or officer shall report such refusal to a Judge, and upon report being made the person in default shall be in the same position, and be dealt with in the same manner as if he had made default in answering before the Judge.

(2) The report shall be in writing, but without affidavit and shall set forth the question put, and the answer (if any) given by the person examined.