228322-1936-Companies-Winding-up-Rules-1936 — Page 21

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936. 1181

(2) All the rules hereinafter set out as to admission and rejection of proofs shall apply with the necessary variation to any such claim to priority as aforesaid.

94. The Liquidator shall examine every proof of debt Examination lodged with him, and the grounds of the debt, and in writing

of proof. admit or reject it, in whole or in part, or require further R. 105. evidence in support of it. If he rejects a proof he shall state in writing to the creditor the grounds of the rejection.

Form 65.

creditor.

95. If a creditor or contributory is dissatisfied with the Appeal by decision of the Liquidator in respect of a proof, the Court may, R. 106. on the application of the creditor or contributory, reverse or vary the decision; but, subject to the power of the Court to extend the time, no application to reverse or vary the decision of the Liquidator in a winding-up by the Court rejecting a proof sent to him by a creditor, or person claiming to be a creditor, shall be entertained, unless notice of the application is given before the expiration of twenty-one days from the date of the service of the notice of rejection.

3

at instance of

96. If the Liquidator thinks that a proof has been im- Expunging properly admitted, the Court may, on the application of the Liquidator Liquidator, after notice to the creditor who made the proof, R. 107. expunge the proof or reduce its amount.

at instance

97. The Court may also expunge or reduce a proof upon Expunging the application of a creditor or contributory if the Liquidator of creditor. declines to interfere in the matter.

R. 109.

98. For the purpose of any of his duties in relation to Oaths. proofs, the Liquidator, in a winding-up by the Court, may R. 109. administer oaths and take affidavits.

Receiver's

99. In a winding-up by the Court the Official Receiver, Official before the appointment of a Liquidator, shall have all the powers. powers of a Liquidator with respect to the examination, ad- R. 110. mission, and rejection of proofs, and any act or decision of his in relation thereto shall be subject to the like appeal

by Official

100. In a winding-up by the Court the Official Receiver, Filing proofs where no other Liquidator is appointed, shall, before payment Receiver. of-a dividend, file all proofs tendered in the winding-up, with R. 111. a list thereof, distinguishing in such list the proofs which were wholly or partly admitted, and the proofs which were wholly or partly rejected.

R, 112.

101. Every Liquidator in a winding-up by the Court other Proofs to be than the Official Receiver shall on the first day of every month, filed. forward to the Registrar for filing a certified list of all proofs, Form 66. if any, received by him during the month next preced- ing, distinguishing in such lists the proofs admitted, those rejected, and such as stand over for further consideration; and, in the case of proofs admitted or rejected, he shall cause the proofs to be filed with the Registrar.

where

102. The Liquidator in a winding-up by the Court, in- Procedure cluding the Official Receiver when he is Liquidator, shall, creditor within three days after receiving notice from a creditor of his appeals. intention to appeal against a decision rejecting a proof, file R. 113. such proof with the Registrar, with a memorandum thereon of his disallowance thereof.