F
THE HONGKONG GOVERNMENT GAZETTE, 8TH OCTOBER, 1864.
the case of Contributories to the number of Votes conferred on each Contributory by the Regulations of the Company.
389
appoint additional Li-
CXLIII. Where any Order is made by the Court for a winding-up subject to the Power to Court to Supervision of the Court, the Court may, in such Order or in any subsequent Order, quidators in winding- appoint any additional Liquidator or Liquidators; and any Liquidators so appointed by up subject to super- the Court shall have the same Powers, be subject to the same Obligations, and in all vision. respects stand in the same Position as if they had been appointed by the Company: the Court may from Time to Time remove any Liquidators so appointed by the Court, and fill up any Vacancy occasioned by such removal, or by Death or Resignation.
Court for winding-up
CXLIV. Where an Order is made for a winding-up subject to the Supervision of Effect of Order of the Court, the Liquidators appointed to conduct such, winding-up may, subject to any subject to supervision. restrictions imposed by the Court, exercise all their Powers, without the sanction or intervention of the Court, in the same manner as if the Company were being wound up altogether voluntarily; but, save as aforesaid, any Order inade by the Court for a winding-up, subject to the supervision of the Court, shall for all Purposes, including the staying of Actions, Suits, and other Proceedings, be deemed to be an Order of the Court for winding-up the Company by the Court and shall confer full Authority on the Court to make Calls, or to enforce Calls made by the Liquidators, and to exercise all other Powers which it might have exercised if an Order had been made for winding up the Company altogether by the Court, and in the construction of the Provisions whereby the Court is empowered to direct any act or thing to be done to or in favour of the Official Liquidators, the expression Official Liquidators shall be deemed to mean the Liquidators conducting the winding-up subject to the supervision of the Court.
Appointment
in
certain cases of volun- tary Liquidators to
CXLV. Where an Order has been made for the winding-up of a Company subject to the supervision of the Court, and such Order is afterwards superseded by an Order directing the Company to be wound up compulsorily, the Court may in such last-mentioned Office of Official Li- Order, or in any subsequent Order, appoint the voluntary Liquidators or any of them, quidators. either provisionally or permanently, and either with or without the Addition of any other Persons, to be Official Liquidators.
Supplemental Provisions.
the commencement of
CXLVI. Where any Company is being wound up by the Court or subject to the Dispositions after supervision of the Court, all Dispositions of the Property and Effects, of the Company, the winding-up avoi- and every transfer of Shares, or alteration in the Status of the Members of the Company ded. made between the commencement of the winding-up and the Order for winding-up, shall, unless the Court otherwise orders, be void.
CXLVII. Where any Company is being wound up, all Books, Accounts, and The Books of the Documents of the Company and of the Liquidators shall, as between the Contributories facie Evidence. of the Company, be primâ facie Evidence of the Truth of all Matters purporting to be therein recorded.
the
CXLVIII. Where any Company has been wound up under this Ordinance and is As to disposal of about to be dissolved, the Books, Accounts, and Documents of the Company and of the Documents of
Books, Accounts, and Liquidators may be disposed of in the following way; that is to say, where the Company Company. has been wound up by or subject to the supervision of the Court, in such way as the Court directs, and where the Company has been wound up voluntarily, in such way as the Company by an Extraordinary Resolution directs; but after the lapse of Five Years from the date of such Dissolution, no responsibility shall rest on the Company, or the Liquidators, or any one to whom the Custody of such Books, Accounts, and Documents has been committed by reason that the same, or any of them, cannot be made forthcoming to any Party or Parties claiming to be interested therein.
CXLIX. Where an Order has been made for winding-up a Company by the Court, Inspection of Books, or subject to the supervision of the Court, the Court may make such Order for the Inspection by the Creditors and Contributories of the Company of its Books and Papers as the Court thinks just, and any Books and Papers in the possession of the Company may be inspected by Creditors or Contributories, in conformity with the Order of the Court, but not further or otherwise.
to sue.
CL. Any Person to whom any thing in Action belonging to the Company is assigned, Power of Assignee in Pursuance of this Ordinance, may bring or defend any Action or Suit relating to such thing in Action in his own Name.
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