1890_COMPANIES_ORDINANCE__1865 — Page 44

HK Historical Laws 香港歷史法例 All AI Reviewed

722

the case of winding up by Court.

Prosecution of delinquent in case of voluntary winding-up.

ORDINANCE No. 1 of 1865.

Companies, &c. (Part V. Registration.)

In the course of such winding-up that any past or present director, manager, officer, or member of such company has been guilty of any offence in relation to the company for which he is criminally responsible, the Court may, on the application of any person interested in such winding-up, or of its own motion, direct the Official Liquidators, or the liquidators (as the case may be,) to institute and conduct a prosecution or prosecutions for such offence, and may order the costs and expenses to be paid out of the assets of the company.

157. (156.) Where a company is being wound up altogether voluntarily, if it appears to the liquidators conducting such winding-up that any past or present director, manager, officer, or member of such company has been guilty of any offence in relation to the company for which he is criminally responsible, it shall be lawful for the liquidators, with the previous sanction of the Court, to prosecute such offender, and all expenses properly incurred by them in such prosecution shall be payable out of the assets of the company in priority to all other liabilities.

Penalty of perjury.

Power of the Chief Justice

158. (157.) If any person, upon any examination upon oath or declaration, or in any affidavit, deposition, or declaration in or about the winding-up of any company under this Ordinance, or otherwise in or about any matter arising under this Ordinance, wilfully and corruptly gives false evidence, he shall, upon conviction, be liable to the penalties of wilful perjury.

Power of Court to make Rules.

159. (158.) The Chief Justice may, as often as circumstances require, make such rules concerning the mode of proceeding to be had for winding up a company in the Court as may from time to time seem necessary, and when the same shall be revised and approved by the Legislative Council, such rules shall apply to all proceedings for winding up a company.

Constitution

PART VI. (V.)

REGISTRATION OFFICE.

160. (159.) The registration of companies under this Ordinance shall be conducted as follows, (that is to say,)

(1.) His Excellency the Governor may from time to time appoint a Registrar and such other officers and servants

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722 the case of winding up by Court. Prosecution of delinquent in case of voluntary winding-up. ORDINANCE No. 1 of 1865. Companies, &c. (Part V. Registration.) In the course of such winding-up that any past or present director, manager, officer, or member of such company has been guilty of any offence in relation to the company for which he is criminally responsible, the Court may, on the application of any person interested in such winding-up, or of its own motion, direct the Official Liquidators, or the liquidators (as the case may be,) to institute and conduct a prosecution or prosecutions for such offence, and may order the costs and expenses to be paid out of the assets of the company. 157. (156.) Where a company is being wound up altogether voluntarily, if it appears to the liquidators conducting such winding-up that any past or present director, manager, officer, or member of such company has been guilty of any offence in relation to the company for which he is criminally responsible, it shall be lawful for the liquidators, with the previous sanction of the Court, to prosecute such offender, and all expenses properly incurred by them in such prosecution shall be payable out of the assets of the company in priority to all other liabilities. Penalty of perjury. Power of the Chief Justice 158. (157.) If any person, upon any examination upon oath or declaration, or in any affidavit, deposition, or declaration in or about the winding-up of any company under this Ordinance, or otherwise in or about any matter arising under this Ordinance, wilfully and corruptly gives false evidence, he shall, upon conviction, be liable to the penalties of wilful perjury. Power of Court to make Rules. 159. (158.) The Chief Justice may, as often as circumstances require, make such rules concerning the mode of proceeding to be had for winding up a company in the Court as may from time to time seem necessary, and when the same shall be revised and approved by the Legislative Council, such rules shall apply to all proceedings for winding up a company. Constitution PART VI. (V.) REGISTRATION OFFICE. 160. (159.) The registration of companies under this Ordinance shall be conducted as follows, (that is to say,) (1.) His Excellency the Governor may from time to time appoint a Registrar and such other officers and servants
Baseline (Original)
722 the case of winding up by Court. Prosecution of delinquent in case of voluntary winding-up. ORDINANCE No. 1 or 1865. Companies, &c. (Part V. Registration.) course of such winding-up that any past or present director, manager, officer, or member of such company has been guilty of any offence in relation to the company for which he is criminally responsible, the Court may, on the application of any person interested in such winding-up, or of its own motion, direct the Official Liquidators, or the liquidators (as the case may be,) to institute and conduct a prosecution or prosecutions for such offence, and may order the costs and expenses to be paid out of the assets of the company. 157. (156.) Where a company is being wound up altogether volun- directors, &c., tarily, if it appear to the liquidators conducting such winding-up that any past or present director, manager, officer, or member of such company has been guilty of any offence in relation to the company for which he is criminally responsible, it shall be lawful for the liquidators, with the previous sanction of the Court, to prosecute such offender, and all ex- penses properly incurred by them in such prosecution shall be payable out of the assets of the company in priority to all other liabilities. Penalty of perjury. Power of the Chief Justice 158. (157.) If any person, upon any examination upon oath or declaration, or in any affidavit, deposition, or declaration in or about the. winding-up of any company under this Ordinance, or otherwise in or about any matter arising under this Ordinance, wilfully and corruptly gives false evidence, he shall, upon conviction, be liable to the penalties of wilful perjury. Power of Court to make Rules. 159. (158.) The Chief Justice may, as often as circumstances to make rules. require, make such rules concerning the mode of proceeding to be had for winding up a company in the Court as may from time to time seem necessary, and when the same shall be revised and approved by the Legislative Council, such rules shall apply to all proceedings for winding up a company. Constitution PART VI. (V.) REGISTRATION OFFICE. 160. (159.) The registration of companies under this Ordinance of registration shall be conducted as follows, (that is to say,) office, (1.) His Excellency the Governor may from time to time appoint a Registrar and such other officers and servants
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722

the case of winding up by Court.

Prosecution

of delinquent

in case of

voluntary winding-up.

ORDINANCE No. 1 or 1865.

Companies, &c. (Part V. Registration.)

course of such winding-up that any past or present director, manager, officer, or member of such company has been guilty of any offence in relation to the company for which he is criminally responsible, the Court may, on the application of any person interested in such winding-up, or of its own motion, direct the Official Liquidators, or the liquidators (as the case may be,) to institute and conduct a prosecution or prosecutions for such offence, and may order the costs and expenses to be paid out of the assets of the company.

157. (156.) Where a company is being wound up altogether volun- directors, &c., tarily, if it appear to the liquidators conducting such winding-up that any past or present director, manager, officer, or member of such company has been guilty of any offence in relation to the company for which he is criminally responsible, it shall be lawful for the liquidators, with the previous sanction of the Court, to prosecute such offender, and all ex- penses properly incurred by them in such prosecution shall be payable out of the assets of the company in priority to all other liabilities.

Penalty of perjury.

Power of the

Chief Justice

158. (157.) If any person, upon any examination upon oath or declaration, or in any affidavit, deposition, or declaration in or about the. winding-up of any company under this Ordinance, or otherwise in or about any matter arising under this Ordinance, wilfully and corruptly gives false evidence, he shall, upon conviction, be liable to the penalties of wilful perjury.

Power of Court to make Rules.

159. (158.) The Chief Justice may, as often as circumstances to make rules. require, make such rules concerning the mode of proceeding to be had for winding up a company in the Court as may from time to time seem necessary, and when the same shall be revised and approved by the Legislative Council, such rules shall apply to all proceedings for winding

up a company.

Constitution

PART VI. (V.)

REGISTRATION OFFICE.

160. (159.) The registration of companies under this Ordinance

of registration shall be conducted as follows, (that is to say,)

office,

(1.) His Excellency the Governor may from time to time appoint a Registrar and such other officers and servants

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