30684-1913-Companies-Winding-up-Rules — Page 1

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913. 31

No. 46.

Companies (Winding-up) Rules.

The Companies (Winding-up) Rules, 1913, made by the Chief Justice pursuant to the Companies Ordinance, 1911, section 220, and approved by the Legislative Council on the 13th day of February, 1913.

PRELIMINARY.

1. Subject to the limitation hereinafter mentioned these Application Rules shall apply to the proceedings in every Winding-up of rules. under the Ordinance of a Company, which shall commence on and after the date on which these Rules come into operation, and they shall also, so far as practicable, and sub- jeet to any general or special order of the Court, apply to all proceedings which shall be taken or instituted after the said date, in the Winding-up of a Company which com- menced on or after the 1st day of January, 1912. Rules which from their nature and subject matter are, or which by the head lines above the group in which they are contained or by their terms are made applicable only to the proceedings in a Winding-up by the Court, shall not apply to the proceedings in a Voluntary Winding-up, or Winding- up under the Supervision of the Court.

2. In these Rules, unless the context or subject-matter Interpreta- otherwise requires :-

tion of terms.

"The Ordinance" means the Companies Ordinance,

- 1911.

"The Company

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means a company which is being wound-up, or against which proceedings to have it wound-up have been commenced.

"Court" means the Supreme Court of Hongkong

and includes any Judge thereof.

"Creditor" includes a corporation, and a firm of

creditors in partnership.

"Gazetted" means published in the Hongkong

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Government Gazette.

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Liquidator" includes an Official Receiver when

acting as Liquidator.

"Official Receiver" includes any officer appointed by the Governor to discharge the duties of Official Receiver under the Ordinance,

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Proceedings means the proceedings in the wind-

ing-up of a Company under the Ordinance. "Registrar" means the Registrar of the Court and

includes a Deputy Registrar.

"Bailiff" means the Bailiff of the Court and includes

an Assistant Bailiff.

"The Rules" means these Rules, and includes the

prescribed Forms.

"Sealed " means sealed with the seal of the Court. “Taxing Officer" means the officer of the Court whose duty it is to tax costs in the proceedings of the Court under its ordinary jurisdiction.

3. The forms in the Appendix, where applicable, and Use of forms where they are not applicable forms of the like character, in Appendix. with such variations as circumstances may require, shall be used. Where such forms are applicable any costs occa- sioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the Court shall otherwise direct.

COURT AND CHAMBERS.

4.-(1.) All proceedings in the winding-up of Companies Office of in the Court shall be attached to the Registrar, who shall, Registrar in together with the necessary clerks and officers, and subject the Court. to the Ordinance and Rules, act under the general or special directions of the Judge.