34
THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.
Service.
Enforcement of Orders.
Form of petition. Forms 2 and 3.
Presentation of petition.
Advertise-
ment of petition.
Form 4.
other process; to attend any sittings of the Court (but not sittings in Chambers); and to do and perform all such things as may be required of him by the Court.
(2.) But this rule shall not be construed to require any order, summons, petition, or notice to be served by a bailiff or officer of the Court which is not specially by the Ordi- nance or Rules required to be so served, unless the Court in any particular proceeding by order specially so directs.
20.-(1.) All notices, summonses, and other documents other than those of which personal service is required, may be sent by prepaid post letter to the last known address of the person to be served therewith; and the notice, summons, or document shall be considered as served at the time that the same ought to be delivered in the dne course of post by the post office, and notwithstanding the same may be returned by the post office.
(2.) No service shall be deemed invalid by reason that the name, or any of the names other than the surname of the person to be served, has been omitted from the docu- ment containing the person's name, provided that the Court is satisfied that in other respects the service of the document has been sufficient.
21. Every order of the Court made in the exercise of the powers conferred by the Ordinance and Rules, may be enforced by the Court as if it were a judgment or order of the Court made in the exercise of its ordinary jurisdiction.
PETITION.
22. Every petition for the winding-up of a Company by the Court, or subject to the supervision of the Court, shall be in the Forms Nos. 2 and 3 in the Appendix with such variations as circumstances may require.
23. A petition shall be presented at the office of the Registrar, who shall appoint the time and place at which the petition is to be heard. Notice of the time and place appointed for hearing the petition shall be written on the petition and scaled copies thereof, and the Registrar may at any time before the petition has been advertised, alter the time appointed, and fix another time.
24. Every petition shall be advertised seven clear days or such longer time as the Court may direct before the hearing, as follows:-
(1.) In the case of a Company whose registered
office and whose principal or last known principal place of business is or was situate within the Colony of Hongkong once in the Gazette, and once at least in two Hongkong daily newspapers, or in such other newspaper as the Court directs.
(2.) In the case of any other Company, once in the Gazette, and twice at least in one local news- paper cirenlating in the district where the local register is kept, or the principal or last known principal place of business, us the case may be, of such Company is or was situate, or in such other newspaper as shall be directed by the Court.
(3.) The advertisement shall state the day on which the petition was presented, and the name and address of the petitioner, and of his solicitor and Hongkong agent (if any), and shall contain a note at the foot thereof, stating that any person who intends to appear on the hearing of the petition, either to oppose or support, must send notice of his intention to the petitioner, or to his solicitors or Hongkong agent, within the time and in the manner prescribed by Rule 30, and an advertisement of a petition for the winding-up of a Company by the Court which does not contain such a note shall be deemed irregular.
And if the Petitioner or his Solicitor does not within the time hereby prescribed or within such extended time as the Registrar may allow duly advertise the Petition in the
No comments yet.
Private notes are available after approval.