28
THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
Rules.
received in evidence as if it were the original certificate; and any copy of or extract from any of the documents or part of the documents kept and registered at the office for the registration of Joint Stock Companies within the Colony, if duly certified to be a true copy under the hand of the Registrar of Companies and whom it shall not be necessary to prove to be such Registrar, shall, in all legal proceedings, civil or criminal, and in all cases whatsoever, be received in evidence as of equal validity with the original document.
17. The rules contained in the Schedule hereto shall be the rules under and for the purposes of The Companies Ordinances 1865 to 1886, provided that such rules may be altered, added to or annulled in manner directed by the said Ordinances.
Passed the Legislative Council of Hongkong, this 10th day of December, 1886.
ARATHOON SETH,
Clerk of Councils.
Assented to by His Excellency the Officer Administering the Government, the 12th day of January, 1887.
FREDERICK STEWART,
Acting Colonial Secretary.
SCHEDULE ABOVE REFERRED TO.
Construction.
Title of petition. [General orders (England)
Nov., 1862, rule 1]
Advertisement of petition. [ibid, r. 2]
Service of petition. [ibid, r. 3]
Affidavit verifying petition. [ibid, r. 4]
Copies of petition to be supplied. (ibid, r. 5]
Advertisement and service of order. [ibid, r. 6]
Petition to wind up Company.
1. In the construction of these rules:-
The word The Judge shall mean any Judge of the Supreme Court to whom application is made under The Companies Ordinances 1865 to 1886 or these rules or any rules added or altered under the provisions of the said Ordinances or these rules, and
The word The Registrar shall mean the Registrar of the Supreme Court.
2. Every Petition for the winding-up of any company by the Court, or subject to the supervision of the Court and all notices, affidavits and other proceedings under such petition shall be entitled in the matter of The Companies Ordinances 1865 to 1886 and of the company to which such petition shall relate, describing the company by its most usual style or firm name.
3. Every such petition shall be advertised seven clear days before the hearing once in the Gazette, and once at least in one of the Hongkong daily newspapers.
The advertisement shall state the day on which the petition was presented, and the name and address of the petitioner or petitioners and of his or their solicitor.
4. Every such petition shall, unless presented by the company, be served at the registered office (if any) of the company, and if there be no registered office, then at the principal, or last known principal place of business of the company in the Colony, if any such can be found, upon any member, officer, or servant of the company there, or in case no such member, officer, or servant can be found there, then by being left at such registered office or principal place of business, or by being served on such member or members of the company as the Court may direct; and every petition for the winding-up of a company subject to the supervision of the Court shall also be served upon the liquidator (if any) appointed for the purpose of winding-up the affairs of the company.
5. Every petition for the winding-up of any company by the Court, or subject to the supervision of the Court, shall be verified by an affidavit referring thereto, such affidavit shall be made by the petitioner, or by one of the petitioners, if more than one, or, in case the petition is presented by the company, 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.
6. Every contributory or creditor of the company shall be entitled to be furnished by the solicitor to the petitioner, with a copy of the petition, within twenty-four hours after requiring the same on paying at the rate of 10 cents per folio of seventy-two words for such copy.
Order to wind-up Company.
7. Every order for the winding-up of a company, by the Court or subject to its supervision, shall within twelve days after the date thereof, be advertised by the petitioner once in the Gazette, and shall be served upon such persons (if any) and in such manner as the Court may direct.
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28
THE HONGKONG GOVERNMENT GAZETTE, 15TH JANUARY, 1887.
Rules.
received in evidence as if it were the original certificate; and any copy of or extract from any of the documents or part of the documents kept and registered at the office for the registration of joint Stock Companies within the Colony, if duly certified to be a true copy under the hand of the Registrar of Companies and whom it shall not be necessary to prove to be such Registrar, shall, in all legal proceedings, civil or criminal, and in all cases whatsoever, be received in evidence as of equal validity with the original document.
17. The rules contained in the Schedule hereto shall be the rules under and for the purposes of The Companies Ordinances 1865 to 1886, provided that such rules may be altered, added to or annulled in manner directed by the said Ordinances.
Passed the Legislative Council of Hongkong, this 10th day of December, 1886.
ARATHOON SETH,
Clerk of Councils.
Assented to by His Excellency the Officer Administering the Government, the 12th day of January, 1887.
FREDERICK STEWART,
Acting Colonial Secretary.
SCHEDULE ABOVE REFERRED TO.
Construction.
Title of petition. [General orders (England)
Nov., 1862, rule 1]
Advertisement of petition. [ibid, r. 2]
Service of petition. [ibid, r. 3)
Affidavit verifying petition. [ibid, r. 4]
Copies of petition to be supplied. (ibid, r. 5]-
Advertisement
and service of order. [ibid, v. 6]
Petition to wind up Company.
1. In the construction of these rules:-
The word The Judge shall mean any Judge of the Supreme Court to whom application is made under The Companies Ordinances 1865 to 1886 or these rules or any rules added or altered under the provisions of the said Ordinances or these rules, and
The word The Registrar shall mean the Registrar of the Supreme
Court.
2. Every Petition for the winding-up of any company by the Court, or subject to the supervision of the Court and all notices, affidavits and other proceedings under such petition shall be entitled in the matter of the Companies Ordinances 1865 to 1886 and of the company to which such petition shall relate, describing the company by its most usual style or firm name.
3. Every such petition shall be advertised seven clear days before the hearing once in the Gazette, and once at least in one of the Hongkong daily newspapers.
The advertisement shall state the day on which the petition was presented, and the name and address of the petitioner or petitioners and of his or their solicitor.
:
4. Every such petition shall, unless presented by the company, be served at the registered office (if any) of the company, and if there be no registered office, then at the principal, or last known principal place of business of the company in the Colony, if any such can be found, upon any member, officer, or servant of the company there, or in case no such member, officer, or servant can be found there, then by being left at such registered office or principal place of busi- ness, or by being served on such member or members of the company as the Court may direct; and every petition for the winding-up of a company subject to the supervision of the Court shall also be served upon the liquidator (if any) appointed for the purpose of winding-up the affairs of the company.
5. Every petition for the winding-up of any company by the Court, or subject to the supervision of the Court, shall be verified by an affidavit referring thereto, such affidavit shall be made by the petitioner, or by one of the petitioners, if more than one, or, in case the petition is presented by the company, 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.
6. Every contributory or creditor of the company shall be entitled to be furnished by the solicitor to the petitioner, with a copy of the petition, within twenty-four hours after requiring the same on paying at the rate of 10 cents per folio of seventy-two words for such copy.
Order to wind-up Company,
7. Every order for the winding-up of a company, by the Court or subject to its supervision, shall within twelve days after the date thereof, be advertised by the petitioner once in the Gazette, and sball he served upon sneli persons (if any) and in such manner as the Court may direct.
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