1890_COMPANIES_ORDINANCE__1886 — Page 11

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THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.

Name of person incomplete. [ibid, r. 64]
Proceedings on termination. [ibid, r. 65]
Dissolution of company. [ibid, r. 66]
Deposit of filed proceedings. [ibid, r. 67]
Duties of solicitor. [ibid, r. 73]

Title of petition to reduce capital. [General Order March, 1868, r. 2]
Certificate before petition placed in list. [ibid, r. 3]
Proceedings after petition presented. [ibid, r. 4]
Advertisement of petition. [ibid, r. 5]
Affidavit as to creditors. [ibid, r. 6]
Contents of affidavit. [ibid, r. 7]
Inspection of list of creditors. [ibid, r. 8]
Notice to creditors. [ibid, r. 9]

himself at the address entered or last entered pursuant to the preceding Rule; or if no such entry has been made, then, if a contributory, at or to his last known address or place of abode; and if a creditor, at or to the address given by him, pursuant to the foregoing Rule 21; and the delivery and the time of the delivery of such notice, or copy, summons, order, or other proceeding may be proved by the affidavit of the party delivering the same; and if such notice or copy, summons, order or other proceeding be sent through the post as aforesaid it shall be considered as served at the time the same ought to be delivered in the due course of delivery by the post office, and notwithstanding the same may be returned by the post office.

68. No service under these Rules shall be deemed invalid by reason that the Christian name or name other than the surname or any of the Christian names or other names aforesaid of the person on whom service is sought to be made, has been omitted or designated by initial letters, in the list of contributories, or in the summons, order, notice, or other document wherein the name of such contributory or creditor is contained, provided the judge is satisfied that such service is in other respects sufficient.

69. Upon the termination of the proceedings in chambers for the winding-up of any company, a balance-sheet shall be brought in by the official liquidator of his receipts and payments, and verified by his affidavit; and the official liquidator shall pass his final account, and the balance (if any) due thereon shall be certified. And upon payment of such balance in such manner as the Court or judge shall direct, the recognizance entered into by the official liquidator and his sureties may be vacated.

70. When the official liquidator has passed his final account, and the balance (if any) certified to be due thereon has been paid in such manner as the judge shall direct, a certificate shall be made by the Registrar that the affairs of the company have been completely wound up; and in case the company has not been already dissolved, the official liquidator shall, immediately after such certificate has become binding, apply to the judge for an order that the company be dissolved from the date of such order.

71. When the proceedings for winding up any company have been completed, the file of proceedings and the book containing the official liquidator's account, shall be deposited with the Registrar.

Duties of Solicitor of Official Liquidator.

72. The solicitor of the official liquidator shall conduct all such proceedings as are ordinarily conducted by solicitors of the Court; and where the attendance of his solicitor is required on any proceeding in Court or Chambers, the official liquidator need not attend in person, except in cases where his presence is necessary in addition to that of his solicitor, or the judge shall direct him to attend.

Petition to reduce Capital.

73. Every Petition for an order confirming a special resolution for reducing the capital of a company, and all notices, affidavits, and other proceedings under such petition, shall be intituled in the matter of The Companies Ordinances 1877 and 1886 and of the company in question.

74. No such petition, as mentioned in the preceding Rule, shall be placed in the hearing list until after the expiration of eight clear days from the filing of such certificate as is hereinafter mentioned in the 85th Rule.

75. When any such petition as last aforesaid has been presented, application may be made, ex parte by summons in chambers, to the judge for directions as to the proceedings to be taken for settling the list of creditors entitled to object to the proposed reduction; and the judge may thereupon fix the date with reference to which the list of such creditors is to be made out, pursuant to the 12th section of The Companies Ordinance 1877; and may, either at the same time or afterwards, as he shall think fit, give such directions as are hereinafter mentioned in the 76th and 77th Rules.

76. Notice of the presentation of the petition shall be published at such times, and in such newspapers as the judge shall direct, so that the first insertion of such notice be made not less than one Calendar month before the day of the date fixed as hereinbefore mentioned in the 75th Rule.

77. The company shall, within such time as the judge shall direct, file with the Registrar an affidavit made by some officer or officers of the company competent to make the same, verifying a list containing the names and addresses of the creditors of the company at the date fixed as hereinbefore mentioned in the 75th Rule and the amounts due to them respectively.

78. The person making such affidavit shall state therein his belief that such list is correct, and that there was not at the date so fixed as aforesaid any debt, or claim which, if that date were the commencement of the winding-up of the company would be admissible in proof against the company, except the debts set forth in such list, and shall state his means of knowledge of the matters deposed to in such affidavit.

79. Copies of such list containing the names and addresses of the creditors, and the total amount due to them, but omitting the amounts due to them respectively or (as the judge shall think fit) complete copies of such list, shall be kept at the registered office of the company and at the offices of their solicitors and agents (if any) in the Colony; and any person desirous of inspecting the same may at any time during the ordinary hours of business, inspect and take extracts from the same on payment of the sum of fifty cents.

80. The company shall, within seven days after the filing of such affidavit, or such further time as the judge may allow, send to each creditor whose name is entered in the said list, a notice stating the amount of the proposed reduction of capital, and the amount of the debt for which such creditor is entered in the said list, and the time (such time to be fixed by the judge) within which if he claims to be a creditor for a larger amount, he must send in his name and address, and the particulars of his debt, or claim, and the name and address of his solicitor (if any) to the solicitor of the Company; and such notice may be delivered by hand or sent through the post in a prepaid letter addressed to each creditor at his last known address or place of abode.

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THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887. Name of person incomplete. [ibid, r. 64] Proceedings on termination. [ibid, r. 65] Dissolution of company. [ibid, r. 66] Deposit of filed proceedings. [ibid, r. 67] Duties of solicitor. [ibid, r. 73] Title of petition to reduce capital. [General Order March, 1868, r. 2] Certificate before petition placed in list. [ibid, r. 3] Proceedings after petition presented. [ibid, r. 4] Advertisement of petition. [ibid, r. 5] Affidavit as to creditors. [ibid, r. 6] Contents of affidavit. [ibid, r. 7] Inspection of list of creditors. [ibid, r. 8] Notice to creditors. [ibid, r. 9] himself at the address entered or last entered pursuant to the preceding Rule; or if no such entry has been made, then, if a contributory, at or to his last known address or place of abode; and if a creditor, at or to the address given by him, pursuant to the foregoing Rule 21; and the delivery and the time of the delivery of such notice, or copy, summons, order, or other proceeding may be proved by the affidavit of the party delivering the same; and if such notice or copy, summons, order or other proceeding be sent through the post as aforesaid it shall be considered as served at the time the same ought to be delivered in the due course of delivery by the post office, and notwithstanding the same may be returned by the post office. 68. No service under these Rules shall be deemed invalid by reason that the Christian name or name other than the surname or any of the Christian names or other names aforesaid of the person on whom service is sought to be made, has been omitted or designated by initial letters, in the list of contributories, or in the summons, order, notice, or other document wherein the name of such contributory or creditor is contained, provided the judge is satisfied that such service is in other respects sufficient. 69. Upon the termination of the proceedings in chambers for the winding-up of any company, a balance-sheet shall be brought in by the official liquidator of his receipts and payments, and verified by his affidavit; and the official liquidator shall pass his final account, and the balance (if any) due thereon shall be certified. And upon payment of such balance in such manner as the Court or judge shall direct, the recognizance entered into by the official liquidator and his sureties may be vacated. 70. When the official liquidator has passed his final account, and the balance (if any) certified to be due thereon has been paid in such manner as the judge shall direct, a certificate shall be made by the Registrar that the affairs of the company have been completely wound up; and in case the company has not been already dissolved, the official liquidator shall, immediately after such certificate has become binding, apply to the judge for an order that the company be dissolved from the date of such order. 71. When the proceedings for winding up any company have been completed, the file of proceedings and the book containing the official liquidator's account, shall be deposited with the Registrar. Duties of Solicitor of Official Liquidator. 72. The solicitor of the official liquidator shall conduct all such proceedings as are ordinarily conducted by solicitors of the Court; and where the attendance of his solicitor is required on any proceeding in Court or Chambers, the official liquidator need not attend in person, except in cases where his presence is necessary in addition to that of his solicitor, or the judge shall direct him to attend. Petition to reduce Capital. 73. Every Petition for an order confirming a special resolution for reducing the capital of a company, and all notices, affidavits, and other proceedings under such petition, shall be intituled in the matter of The Companies Ordinances 1877 and 1886 and of the company in question. 74. No such petition, as mentioned in the preceding Rule, shall be placed in the hearing list until after the expiration of eight clear days from the filing of such certificate as is hereinafter mentioned in the 85th Rule. 75. When any such petition as last aforesaid has been presented, application may be made, ex parte by summons in chambers, to the judge for directions as to the proceedings to be taken for settling the list of creditors entitled to object to the proposed reduction; and the judge may thereupon fix the date with reference to which the list of such creditors is to be made out, pursuant to the 12th section of The Companies Ordinance 1877; and may, either at the same time or afterwards, as he shall think fit, give such directions as are hereinafter mentioned in the 76th and 77th Rules. 76. Notice of the presentation of the petition shall be published at such times, and in such newspapers as the judge shall direct, so that the first insertion of such notice be made not less than one Calendar month before the day of the date fixed as hereinbefore mentioned in the 75th Rule. 77. The company shall, within such time as the judge shall direct, file with the Registrar an affidavit made by some officer or officers of the company competent to make the same, verifying a list containing the names and addresses of the creditors of the company at the date fixed as hereinbefore mentioned in the 75th Rule and the amounts due to them respectively. 78. The person making such affidavit shall state therein his belief that such list is correct, and that there was not at the date so fixed as aforesaid any debt, or claim which, if that date were the commencement of the winding-up of the company would be admissible in proof against the company, except the debts set forth in such list, and shall state his means of knowledge of the matters deposed to in such affidavit. 79. Copies of such list containing the names and addresses of the creditors, and the total amount due to them, but omitting the amounts due to them respectively or (as the judge shall think fit) complete copies of such list, shall be kept at the registered office of the company and at the offices of their solicitors and agents (if any) in the Colony; and any person desirous of inspecting the same may at any time during the ordinary hours of business, inspect and take extracts from the same on payment of the sum of fifty cents. 80. The company shall, within seven days after the filing of such affidavit, or such further time as the judge may allow, send to each creditor whose name is entered in the said list, a notice stating the amount of the proposed reduction of capital, and the amount of the debt for which such creditor is entered in the said list, and the time (such time to be fixed by the judge) within which if he claims to be a creditor for a larger amount, he must send in his name and address, and the particulars of his debt, or claim, and the name and address of his solicitor (if any) to the solicitor of the Company; and such notice may be delivered by hand or sent through the post in a prepaid letter addressed to each creditor at his last known address or place of abode.

Baseline (Original)

3.4 THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887. Name of person incom- plete. fibid, r. 641 Proceedings on termina- tlon. [ibid, r. 65] Dissolution of company. [hid, r. 66] Deposit of filed proceedings. [ibid, r. 67] Duties of solicitor. [ibid, r. 73] Title of petition to reduce capital. [General Order March, 1868, r. 2] Certificate before petition placed in list, [ibid, r. 3] Proceedings after petition presented. fibid, z. 4] Advertisement of petition. [ibid, r. 5] Affidavit as to creditors. [ibic, r. 6] Contents of affidavit. [ibid, r. 7] Inspection of list of creditors. [bid, r. 8] Notice to creditors. [íbid, r. 9] himself at the address entered or last entered pursuant to the preced- ing Rule; or if no such entry has been made, then, if a contributory, at or to his last known address or place of abode; and if a creditor, at or to the address given by him, pursuant to the foregoing Rule 21; and the delivery and the time of the delivery of such notice, or copy, summons, order, or other proceeding may be proved by the affidavit of the party delivering the same and if such notice or copy, summons, order or other proceeding be sent throught the post as aforesaid it shall be considered as served at the time, the same ought to be delivered in the due course of delivery by the post office, and notwithstanding the same may be returned by the post office. 68. No service under these Rules shall be deemed invalid by reason that the Christian name or name other than the surname or any of the Christian names or other names aforesaid of the person on whom service is sought to be made, has been omitted or designated by initial letters, in the list of contributories, or in the summons, order, notice, or other document wherein the name of such contributory or creditor is contained, provided the judge is satisfied that such service is in other respects sufficient. 69. Upon the termination of the proceedings in chambers for the winding-up of any company, a balance-sheet shall be brought in by the official liquidator of his receipts and payments, and verified by his affidavit; and the official liquidator shall pass his final account, and the balance (if any) due thereon shall be certified. And upon payment of such balance in such manner as the Court or judge shall direct, the recognizance entered into by the official liquidator and his sureties may be vacated. 70. When the official liquidator has passed his final account, and the balance (if any) certified to be due thereon has been paid in such manner as the judge shall direct, a certificate shall be made by the Registrar that the affairs of the company have been completely wound up; and in case the company has not been already dissolved, the official liquidator shall, immediately after such certificate has become binding, apply to the judge for au order that the company be dissolved from the date of such order. 71. When the proceedings for winding up any company have been completed, the file of proceedings and the book containing the official liquidator's account, shall be deposited with the Registrar. Duties of Solicitor of Official Liquidator. 72. The solicitor of the official liquidator shall conduct all such proceedings as are ordinarily conducted by solicitors of the Court; and where the attendance of his solicitor is required on any proceed. ing in Court or Chambers, the official liquidator need not attend in person, except in cases where his presence is necessary in addition to that of his solicitor, or the judge shall direct him to attend. Petition to reduce Capital. 73. Every Petition for an order cofirming a special resolution for reducing the capital of a company, and all notices, affidavits, and other proceedings under such petition, shall be intituled in the matter of The Companies Ordinances 1877 and 1886 and of the company in question. 74. No such petition, as mentioned in the preceeding Rule, shall be placed in the hearing list until after the expiration of eight clear days from the filing of such certificate as is hereinafter mentioned in the 85th Rulc. 75. When any such petition as last aforesaid has been presented, application may be made, ex parte by summons in chambers, to the judge for directions as to the proceedings to be taken for settling the list of creditors entitled to object to the proposed reduction and the judge may thereupon fix the date with reference to which the list of such creditors is to be made out, pursuant to the 12th section of The Companies Ordinance 1877 and may, either at the same time or afterwards, as he shall think fit, give such directions as are herein- after mentioned in the 76th and 77th Rules. 76. Notice of the presentation of the petition shall be published at : such times, and in such newspapers as the judge shall direct, so that ́ the first insertion of such notice be made not less than one Calendar month before the day of the date fixed as hereinbefore mentioned in the 75th Rule. 77. The company shall, within such time as the judge shall direct, file with the Registrar an affidavit made by some officer or officers of the company competent to make the same, verifying a list con- taining the names and addresses of the creditors of the company at the date fixed as hereinbefore mentioned in the 75th Rule and the amounts due to them respectively. 78. The person making such affidavit shall state therein his belief that such list is correct, and that there was not at the date so fixed as aforesaid any debt, or claim which, if that date were the commence- ment of the winding-up of the company would be admissible in proof against the company, except the debts set forth in such list, and shall state his means of knowledge of the matters deposed to in such affidavit. 79. Copies of such list containing the names and addresses of the creditors, and the total amount due to them, but omitting the amounts due to them respectively or (as the judge shall think fit) complete copies of such list, shall be kept at the registered office of the company and at the offices of their solicitors and agents (if any) in the Colony and any person desirous of inspecting the same may at any time during the ordinary hours of business, inspect and take extracts from the same on payment of the sum of fifty cents. 80 The company shall, within seven days after the filing of such affidavit, or such further time as the judge may allow, send to each creditor whose name is entered in the said list, a notice stating the amount of the proposed reduction of capital, and the amount of the debt for which such creditor is entered in the said list, and the time (such time to be fixed by the judge) within which if he claims to be a creditor for a larger amount, he must send in his name and address, and the particulars of his debt, or claim, and the name and address of his solicitor (if any) to the solicitor of the Company; and such notice may be delivered by hand or sent through the post in a prepaid letter addressed to each creditor at his last known address or place of abode.

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3.4

THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.

Name of

person incom- plete. fibid, r. 641

Proceedings

on termina- tlon. [ibid, r. 65]

Dissolution of company. [hid, r. 66]

Deposit of filed proceedings. [ibid, r. 67]

Duties of solicitor. [ibid, r. 73]

Title of petition to reduce capital. [General

Order March, 1868, r. 2]

Certificate before petition placed in list, [ibid, r. 3]

Proceedings after petition presented. fibid, z. 4]

Advertisement of petition. [ibid, r. 5]

Affidavit as to creditors. [ibic, r. 6]

Contents of affidavit. [ibid, r. 7]

Inspection of list of creditors. [bid, r. 8]

Notice to creditors. [íbid, r. 9]

himself at the address entered or last entered pursuant to the preced- ing Rule; or if no such entry has been made, then, if a contributory, at or to his last known address or place of abode; and if a creditor, at or to the address given by him, pursuant to the foregoing Rule 21; and the delivery and the time of the delivery of such notice, or copy, summons, order, or other proceeding may be proved by the affidavit of the party delivering the same and if such notice or copy, summons, order or other proceeding be sent throught the post as aforesaid it shall be considered as served at the time, the same ought to be delivered in the due course of delivery by the post office, and notwithstanding the same may be returned by the post office.

70. When the official liquidator has passed his final account, and the balance (if any) certified to be due thereon has been paid in such manner as the judge shall direct, a certificate shall be made by the Registrar that the affairs of the company have been completely wound up; and in case the company has not been already dissolved, the official liquidator shall, immediately after such certificate has become binding, apply to the judge for au order that the company be dissolved from the date of such order.

71. When the proceedings for winding up any company have been completed, the file of proceedings and the book containing the official liquidator's account, shall be deposited with the Registrar.

Duties of Solicitor of Official Liquidator.

72. The solicitor of the official liquidator shall conduct all such proceedings as are ordinarily conducted by solicitors of the Court; and where the attendance of his solicitor is required on any proceed. ing in Court or Chambers, the official liquidator need not attend in person, except in cases where his presence is necessary in addition to that of his solicitor, or the judge shall direct him to attend.

Petition to reduce Capital.

73. Every Petition for an order cofirming a special resolution for reducing the capital of a company, and all notices, affidavits, and other proceedings under such petition, shall be intituled in the matter of The Companies Ordinances 1877 and 1886 and of the company in question.

74. No such petition, as mentioned in the preceeding Rule, shall be placed in the hearing list until after the expiration of eight clear days from the filing of such certificate as is hereinafter mentioned in the 85th Rulc.

75. When any such petition as last aforesaid has been presented, application may be made, ex parte by summons in chambers, to the judge for directions as to the proceedings to be taken for settling the list of creditors entitled to object to the proposed reduction and the judge may thereupon fix the date with reference to which the list of such creditors is to be made out, pursuant to the 12th section of The Companies Ordinance 1877 and may, either at the same time or afterwards, as he shall think fit, give such directions as are herein- after mentioned in the 76th and 77th Rules.

76. Notice of the presentation of the petition shall be published at : such times, and in such newspapers as the judge shall direct, so that ́ the first insertion of such notice be made not less than one Calendar month before the day of the date fixed as hereinbefore mentioned in the 75th Rule.

77. The company shall, within such time as the judge shall direct, file with the Registrar an affidavit made by some officer or officers of the company competent to make the same, verifying a list con- taining the names and addresses of the creditors of the company at the date fixed as hereinbefore mentioned in the 75th Rule and the amounts due to them respectively.

78. The person making such affidavit shall state therein his belief that such list is correct, and that there was not at the date so fixed as aforesaid any debt, or claim which, if that date were the commence- ment of the winding-up of the company would be admissible in proof against the company, except the debts set forth in such list, and shall state his means of knowledge of the matters deposed to in such affidavit.

79. Copies of such list containing the names and addresses of the creditors, and the total amount due to them, but omitting the amounts due to them respectively or (as the judge shall think fit) complete copies of such list, shall be kept at the registered office of the company and at the offices of their solicitors and agents (if any) in the Colony and any person desirous of inspecting the same may at any time during the ordinary hours of business, inspect and take extracts from the same on payment of the sum of fifty cents.

80 The company shall, within seven days after the filing of such affidavit, or such further time as the judge may allow, send to each creditor whose name is entered in the said list, a notice stating the amount of the proposed reduction of capital, and the amount of the debt for which such creditor is entered in the said list, and the time (such time to be fixed by the judge) within which if he claims to be a creditor for a larger amount, he must send in his name and address, and the particulars of his debt, or claim, and the name and address of his solicitor (if any) to the solicitor of the Company; and such notice may be delivered by hand or sent through the post in a prepaid letter addressed to each creditor at his last known address or place of abode.

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