228322-1936-Companies-Winding-up-Rules-1936 — Page 8

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.

Substitution of creditor

or contribu- tory for withdrawing petitioner. R 36.

Notice that winding-up order has been pro nounced to be given to Official Receiver. R 37.

Forms 12 and 13.

Drawing up and contents of winding-up order.

R 40.

Form 14.

Transmission

and adver-

tisement of winding-up order.

R 41,

(2) An affidavit in reply to an affidavit filed in opposition to a petition shall be filed within three days of the date on which notice of such affidavit is received by the petitioner or his solicitor.

33. When a petitioner is not entitled to present a petition or whether so entitled or not, where he (1) fails to advertise his petition within the time by these Rules prescribed or such extended time as the Registrar may allow or (2) consents to withdraw his petition, or to allow it to be dismissed, or the hearing adjourned, or fails to appear in support of his petition when it is called on in Court on the day originally fixed for the hearing thereof, or on any day to which the hearing has been adjourned, or (3) if appearing, does not apply for an order in the terms of the prayer of his petition, the Court may, upon such terms as it may think just, substitute as petitioner any creditor or contributory who in the opinion of the Court would have a right to present a petition, and who is desirous of prosecuting the petition. An order to substitute a petitioner may, where a petitioner fails to advertise his petition within the time prescribed by these Rules or consents to withdraw his petition, be made in Chambers at any time.

Order to Wind-up a Company.

34. When an order for the winding-up of a Company, or for the appointment of a Provisional Liquidator prior to the making of an order for the winding-up of the Company, has been pronounced in Court, the Registrar shall, on the same day, send to the Officia! Receiver a notice informing him that the order has been pronounced.

The notice may be in Forms 12 and 13 respectively, with such variations as circumstances may require.

35.-(1) It shall be the duty of the petitioner, or his solicitor, and of all other persons who have appeared on the hearing of the petition, at latest on the day following the day on which an order for the Winding-up of a Company is pronounced in Court, to leave with the Registrar a draft of the order and all other documents required for the purpose of enabling the Registrar to complete the order forthwith. It shall not be necessary for the Registrar to make an appointment to settle the order unless in any particular case the special circumstances make an appointment

necessary.

(2) An order to wind up a Company or for the appoint- ment of a Provisional Liquidator shall contain at the foot thereof a notice stating that it will be the duty of the person who is at the time Secretary or Chief Officer of the Company, and of such of the persons who are liable to make out or concur in making out the Company's statement of affairs as the Official Receiver may require, to attend on the Official Receiver at such time and place as he may appoint and to give him all information he may require.

36.-(1) When an order that a Company be wound up, or for the appointment of a Provisional Liquidator has been made-

(a) Three copies of the order sealed with the seal of the Court shall forthwith be sent by the Registrar to the Official Receiver.

(b) The Official Receiver shall cause a sealed copy of the order to be served upon the Company by prepaid letter addressed to it at the registered office of the Company (if any), or if there is no registered office at its principal or last known