228322-1936-Companies-Winding-up-Rules-1936 — Page 44

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.

section 210 of the Ordinance, or under Rule 56 of the Rules, he shall be forthwith conveyed in custody of the Bailiff or Officer apprehending him to such prison as aforesaid; and the Superintendent of Prisons shall produce such person before the Court as it may from time to time direct, and shall safely keep him until such time as the Court shall otherwise order, or such person shall be otherwise discharged by law.

Disposal of monies received after execution.

R. 22A.

Enlargement or abridg- ment of time.

R. 222,

Formal

defect not to invalidate

Miscellaneous Matters.

207.—(1) Where any money is seized or received by the bailiff in part satisfaction of an execution against the goods of a company the same shall be paid into court to the credit of a ledger account in the name of the bailiff with a sub-title in the matter of the action and if, before the completion of the execution by the receipt or recovery of the full amount of the levy, notice is served on the bailiff that a provisional liquidator has been appointed or that a winding-up order has been made or that a resolution for voluntary winding up has been passed, the bailiff shall forthwith inform the Registrar of the service of such notice and the Registrar shall, on being so required, deliver any money so seized or received in part satisfaction of the execution to the liquidator after deducting therefrom the costs of the execution.

(2) Where under an execution in respect of a judgment for a sum exceeding two hundred dollars the goods of a com- pany are sold or money is paid in order to avoid a sale, the proceeds of sale or money paid in order to avoid a sale shall be paid into Court to the credit of a ledger account in the name of the bailiff with a sub-title in the matter of the action and shall be retained for fourteen days from the date of such sale or payment in order to avoid sale, and if within such fourteen days notice is served on the bailiff of a petition for the winding-up of the company having been presented or of a meeting having been called at which there is to be proposed a resolution for the voluntary winding-up of the company, the bailiff shall forthwith notify the Registrar of the service of such notice and if an order is made or a resolution is passed, as the case may be, for the winding-up of the company, the Registrar shall deduct the costs of the execution and shall pay the balance to the liquidator.

(3) Payment by the bailiff into court in pursuance of this Rule shall be a good discharge to him as against the Liquidator.

208. The Court may, in any case in which it shall see fit, extend or abridge the time appointed by the Rules or fixed by any order of the Court for doing any act or taking any proceeding.

209.-(1) No proceedings under the Ordinance or the Rules shall be invalidated by any formal defect or by any proceedings. irregularity, unless the Court is of opinion that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of the Court.

R. 223,

(2) No defect or irregularity in the appointment or election of an Official Receiver, Liquidator, or member of a Committee of Inspection shall vitiate any act done by him in good faith.