114
THE HONGKONG GOVERNMENT GAZETTE, 18TH MARCH, 1965.
Report of Inspectors to be Evidence.
Service of Notices on Company.
Rules as to Notices by Letter.
Authentication of Notices of Company.
Recovery of Penal- ties.
Application of Pe- 'nalties.
Evidence of Pro-
LXI. A Copy of the Report of any Inspectors appointed under this Ordinance, authenticated by the Seal of the Company into whose Affairs they have made Inspection, shall be admissible in any Legal Proceeding, as Evidence of the Opinion of the Inspectors in relation to any matter contained in such Report.
Notices.
LXII. Any Summons, Notice, Order, or other Document required to be served upon the Company may be served by leaving the same, or sending it through the Post in a prepaid Letter addressed to the Company, at their registered Office.
LXIII. Any Document to be served by Post on the Company shall be posted in such Time as to admit of its being delivered in the due course of Delivery within the period (if any) prescribed for the Service thereof; and in proving Service of such Document it shall be sufficient to prove that such Document was properly directed, and that it was put as a prepaid Letter into the Post Office in such due time as aforesaid.
LXIV. Any Summons, Notice, Order, or Proceeding requiring Authentication by the Company, may be signed by any Director, Secretary, or other authorized Officer of the Company, and need not be under the Common Seal of the Company, and the same may be in Writing or in Print, or partly in Writing and partly in Print.
Legal Proceedings.
LXV. All Offences under this Ordinance made punishable by any Penalty shall be prosecuted summarily by and shall be sued for and recovered under Ordinance No. 10 of 1844.
LXVI. The Police Magistrate imposing any Penalty under this Ordinance may direct the whole or any part thereof to be applied in or towards Payment of the Costs of the Proceedings, or in or towards the rewarding the Person upon whose Information or at whose Suit such Penalty has been recovered; and, subject to such Direction, all Penalties shall be paid over to the Colonial Treasurer, and shall be carried by him to the Account of the Funds of this Colony.
LXVII. Every Company under this Ordinance shall cause Minutes of all Resolu- ceedings at Meetings. tions and Proceedings of General Meetings of the Company, and of the Directors or Managers of the Company in cases where there are Directors or Managers, to be duly entered in Books to be from time to time provided for the purpose;
and any such Minute as aforesaid, if purporting to be signed by the Chairman of the Meeting at which such Resolutions were passed or Proceedings had, or by the Chairman of the next succeeding Meeting, shall be received as Evidence in all Legal Proceedings; and until the contrary is proved, every General Meeting of the Company or Meeting of Directors or Managers in respect of the Proceedings of which Minutes have been so made shall be deemed to have been duly held and convened, and all Resolutions passed thereat or Proceedings had, to have been duly passed and had, and all Appoint ments of Directors, Managers, or Liquidators shall be deemed to be valid, and all Acts done by such Directors, Managers, or Liquidators shall be valid, notwithstanding any Defect that may afterwards be discovered in their Appointments or Qualifications.
Provision ns to Costs in Actions brought by
panies.
LXVIII. Where a Limited Company is Plaintiff in any Action, Suit, or other certain Limited Com-Legal Proceeding, the Chief Justice of the Supreme Court may, if it appears by any credible Testimony that there is reason to believe that if the Defendant be successful in his Defence the Assets of the Company will be insufficient to pay his Costs, require sufficient Security to be given for such Costs, and may stay all Proceedings until such Security is given.
Action against Mem- bers.
Declaration in LXIX. In any Action or Suit brought by the Company against any Member to recover any Call or other Monies due from such Member in his Character of Member, it shall not be necessary to set forth the special matter, but it shall be sufficient to allege that the Defendant is a Member of the Company, and is indebted to the Company in respect of a Call made or other Monies due whereby an Action or Suit hath accrued to the Company.
The Governor may alter Foms in Schedule.
Alteration of Forms.
器
LXX. The Forms set forth in the Second Schedule hereto, or Forms as near thereto as circumstances admit, shall be used in all Matters to which such Forms refer; His Excellency the Governor may from time to time make such Alterations in the
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