30684-1913-Companies-Winding-up-Rules — Page 5

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 14, 1913.

manner prescribed by the said Rule the appointment of the time and place at which the Petition is to be heard shall be cancelled by the Registrar and the Petition shall be removed from the file unless the Judge or the Registrar shall otherwise direct.

Forms 5

25. Every petition shall, unless presented by the Com- Service of pany, be served upon the Company at the registered office, petition. if any, of the Company, and if there is no registered office, then at the principal or last known principal place of business of the Company, if any such can be found, by ard 6. leaving a copy with any member, officer, or servant of the Company there, or in case no such member, officer, or servant can be found there, then by leaving a copy at such registered office or principal place of business, or by serving it on such member or members of the Company as the Court may direct; and where the Company is being wound up voluntarily, the petition shall also be served upon the Liquidator (if aur), appointed for the purpose of winding- up the affairs of the Company.

26. Every petition for the winding-up of a Company Verification by the Court, or subject to the supervision of the Court, of petition. shall be verified by an affidavit referring thereto. Such Form 7. affidavit shall be made by the petitioner, or by one of the petitioners, if more than one, or, in case the petition is pre- sented by a corporation, by some director, secretary, or other principal officer thereof, and shall be sworn after and filed within four days after the petition is presented, and such affidavit shall be sufficient primâ facie evidence of the statements in the petition.

27. Every contributory or creditor of the Company shall Copy of be entitled to be furnished by the solicitor of the petitioner petition to be with a copy of the petition, within 24 hours after requiring creditor or

furnished to same, upon payment of 40 cents per folio of 72 words for contributory. such copy.

OFFICIAL RECEIVER AS PROVISIONAL LIQUIDATOR.

28.-(1.) After the presentation of a petition, upon the Appoint- application of a creditor, or of a contributory, or of the ment of

Provisional

Company, and upon proof by affidavit of sufficient grounds Liquidator.

for the appointment of the Official Receiver as Provisional Liquidator, the Court, if it thinks fit, and upon such terms as in the opinion of the Court shall be just and necessary, may make the appointment.

(2.) The Order appointing the Official Receiver to be Form 8. Provisional Liquidator shall bear the number of the peti- tion, and shall state the nature and a short description of the property of which the Official Receiver is ordered to take possession, and the duties to be performed by the Offi- cial Receiver.

(3.) Subject to any Order of the Court, if no order for the winding-up of the Company is made upon the Petition, or if an order for the winding-up of the Company on the Petition is rescinded, or if all proceedings on the petition are stayed, or if an order is made continuing the voluntary winding-up of the Company subject to the supervision of the Court, the Official Receiver as Provisional Liquidator shall be entitled to be paid, out of the property of the Com- pany, all the costs, charges, and expenses properly incurred by him as Provisional Liquidator, including the fees pay- able to the Colonial Treasurer under the scale of fees in force for the time being, and may retain out of such pro- perty the amounts of such costs, charges, expenses, and fees.

HEARING OF PETITIONS and Orders MADE THEREON.

show com-

29. After a petition has been presented, the petitioner, Attendance or his Solicitor, shall, on a day to be appointed by the Re- before gistrar, attend before the Registrar and satisfy him that the hearing to petition has been duly advertised, that the prescribed affi- pliance with davit verifying the statements therein and the affidavit of rules. service (if any) have been duly filed, and that the provi- sions of the Rules as to petitions for winding-up Companies have been duly complied with by the petitioner. No order for the winding-up of a Company shall be made on the

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