THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.
if an order is made continuing the voluntary winding-up of the Company subject to the supervision of the Court, the Provisional Liquidator shall be entitled to be paid, out of the property of the Company, all the costs, charges, and expenses properly incurred by him as Provisional Liquidator, including such sum as is or would be payable under the scale of fees in force for the time being where the Official Receiver is appointed Provisional Liquidator, and may retain out of such property the amounts of such costs, charges, expenses, and fees.
(4) Where any person other than the Official Receiver has been appointed Provisional Liquidator and the Official Receiver has taken any steps for the purpose of obtaining a statement of affairs or has performed any other duty pre- scribed by these Rules the Provisional Liquidator shall pay the Official Receiver such sum, if any, as the Court directs.
Hearing of Petitions and Orders Made Thereon.
rules.
29. After a petition has been presented, the petitioner, Attendance or his Solicitor, shall, on a day to be appointed by the Re- before
hearing to gistrar, attend before the Registrar and satisfy him that the show com- petition has been duly advertised, that the prescribed affidavit pliance with verifying the statements therein and the affidavit of service (if R 32. any) have been duly filed, and that the provisions of the Rules as to petitions for winding-up Companies have been duly com- plied with by the petitioner. No order for the winding-up of a Company shall be made on the petition of any petitioner who has not, prior to the hearing of the petition, attended before the Registrar at the time appointed, and satisfied him in manner required by this Rule.
intend to
30. Every person who intends to appear on the hearing Notice by of a petition shall serve on, or send by post to, the petitioner, persons who or his solicitor, at the address stated in the adver- appear. tisement of the petition, notice of his intention. The R 33. notice shall contain the address of such person, and shall be signed by him or his solicitor, and shall be served, or if sent by post shall by posted in such time as in ordinary course of post to reach the address not later than six o'clock in the afternoon of the day previous to the day appointed for the hearing of the petition, or if such day be a Monday, not later than one o'clock in the afternoon of the Saturday previous to such day. The notice shall be in Forin 10 with such variations as circumstances may require. Form 10. A person who has failed to comply with this Rule shall not, without the special leave of the Court, be allowed to appear on the hearing of the petition.
addresses of
the petition.
31. The petitioner, or his solicitor, shall prepare List of a list of the names and addresses of the persons who names and have given notice of their intention to appear on the hear- persons who ing of the petition, and of their respective solicitors, which appear on shall be in Form 11. On the day appointed for hearing the R 34. petition a fair copy of the list (or if no notice of intention to Form 11. appear has been given a statement in writing to that effect) shall be handed by the petitioner, or his solicitor, to the Court prior to the hearing of the petition.
the Court may as
opposition
32.-(1) Affidavits in opposition to a petition that a Affidavits in Company may be wound up by or subject to the supervision and reply. of the Court shall be filed within seven days, or such longer R 35. time
direct, of the date on which the affidavit verifying the petition is filed and notice of the filing of every affidavit in opposition to such a petition shall be given to the petitioner or his solicitor on the day on which the affidavit is filed.
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