1950_COMPANIES_(WINDING-UP)_RULES — Page 38

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 32]

Verification of proof. R. 91.

Contents of proof.

R. 92.

Form 63.

Statement of security. R. 93.

Proof before whom sworn. R. 94.

Costs of proof.

R. 95.

Discount. R. 96.

Periodical payments. R. 97.

Interest. R. 98.

Companies.

81. An affidavit proving a debt may be made by the creditor himself or by some person authorized by or on behalf of the creditor. If made by a person so authorized, it shall state his authority and means of knowledge.

82. An affidavit proving a debt shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The Official Receiver or liquidator to whom the proof is sent may at any time call for the production of the vouchers.

83. An affidavit proving a debt shall state whether the creditor is or is not a secured creditor.

84. An affidavit proving a debt may in a winding up by the court be sworn before the Official Receiver, or an assistant or deputy official receiver, or before any commissioner of oaths.

85. A creditor shall bear the cost of proving his debt unless the court otherwise orders.

86. A creditor proving his debt shall deduct therefrom (a) all trade discounts, and (b) any discount which he may have agreed to allow for payment in cash, in excess of five per cent on the net amount of his claim.

87. When any rent or other payment falls due at stated periods, and the order or resolution to wind up is made at any time other than one of those periods, the persons entitled to the rent or payment may prove for a proportionate part thereof up to the date of the winding-up order or resolution as if the rent or payment grew due from day to day: Provided that where the liquidator remains in occupation of premises demised to a company which is being wound up, nothing herein contained shall prejudice or affect the right of the landlord of such premises to claim payment by the company, or the liquidator, of rent during the period of the company's or the liquidator's occupation.

88. On any debt or sum certain, payable at a certain time or otherwise, whereon interest is not reserved or agreed

72

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CAP. 32] Verification of proof. R. 91. Contents of proof. R. 92. Form 63. Statement of security. R. 93. Proof before whom sworn. R. 94. Costs of proof. R. 95. Discount. R. 96. Periodical payments. R. 97. Interest. R. 98. Companies. 81. An affidavit proving a debt may be made by the creditor himself or by some person authorized by or on behalf of the creditor. If made by a person so authorized, it shall state his authority and means of knowledge. 82. An affidavit proving a debt shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The Official Receiver or liquidator to whom the proof is sent may at any time call for the production of the vouchers. 83. An affidavit proving a debt shall state whether the creditor is or is not a secured creditor. 84. An affidavit proving a debt may in a winding up by the court be sworn before the Official Receiver, or an assistant or deputy official receiver, or before any commissioner of oaths. 85. A creditor shall bear the cost of proving his debt unless the court otherwise orders. 86. A creditor proving his debt shall deduct therefrom (a) all trade discounts, and (b) any discount which he may have agreed to allow for payment in cash, in excess of five per cent on the net amount of his claim. 87. When any rent or other payment falls due at stated periods, and the order or resolution to wind up is made at any time other than one of those periods, the persons entitled to the rent or payment may prove for a proportionate part thereof up to the date of the winding-up order or resolution as if the rent or payment grew due from day to day: Provided that where the liquidator remains in occupation of premises demised to a company which is being wound up, nothing herein contained shall prejudice or affect the right of the landlord of such premises to claim payment by the company, or the liquidator, of rent during the period of the company's or the liquidator's occupation. 88. On any debt or sum certain, payable at a certain time or otherwise, whereon interest is not reserved or agreed 72
Baseline (Original)
CAP. 32] Verification of proof. R. 91. Contents of proof. R. 92. Form 63. Statement of security. R. 93. Proof before whom sworn. R. 94. Costs of proof. R. 95. Discount. R. 96. Periodical payments. R. 97. Interest. R. 98. Companies. 81. An affidavit proving a debt may be made by the creditor himself or by some person authorized by or on behalf of the creditor. If made by a person so authorized, it shall state his authority and means of knowledge. 82. An affidavit proving a debt shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The Official Receiver or liquidator to whom the proof is sent may at any time call for the pro- duction of the vouchers. 83. An affidavit proving a debt shall state whether the creditor is or is not a secured creditor. 84. An affidavit proving a debt may in a winding up by the court be sworn before the Official Receiver, or an assistant or deputy official receiver, or before any commis- sioner of oaths. 85. A creditor shall bear the cost of proving his debt unless the court otherwise orders. 86. A creditor proving his debt shall deduct therefrom (a) all trade discounts, and (b) any discount, which he may have agreed to allow for payment in cash, in excess of five per cent on the net amount of his claim. 87. When any rent or other payment falls due at stated periods, and the order or resolution to wind-up is made at any time other than one of those periods, the persons en- titled to the rent or payment may prove for a proportionate part thereof up to the date of the winding-up order or re- solution as if the rent or payment grew due from day to day: Provided that where the liquidator remains in occupation of premises demised to a company which is being wound up, nothing herein contained shall prejudice or affect the right of the landlord of such premises to claim payment by the company, or the liquidator, of rent during the period of the company's or the liquidator's occupation. 88. On any debt or sum certain, payable at a certain. time or otherwise, whereon interest is not reserved or agreed 72 |
2026-05-03 19:00:44 · Baseline
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CAP. 32]

Verification of proof. R. 91.

Contents of proof.

R. 92.

Form 63.

Statement of security. R. 93.

Proof before whom sworn. R. 94.

Costs of proof.

R. 95.

Discount. R. 96.

Periodical payments. R. 97.

Interest. R. 98.

Companies.

81. An affidavit proving a debt may be made by the creditor himself or by some person authorized by or on behalf of the creditor. If made by a person so authorized, it shall state his authority and means of knowledge.

82. An affidavit proving a debt shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The Official Receiver or liquidator to whom the proof is sent may at any time call for the pro- duction of the vouchers.

83. An affidavit proving a debt shall state whether the creditor is or is not a secured creditor.

84. An affidavit proving a debt may in a winding up by the court be sworn before the Official Receiver, or an assistant or deputy official receiver, or before any commis- sioner of oaths.

85. A creditor shall bear the cost of proving his debt unless the court otherwise orders.

86. A creditor proving his debt shall deduct therefrom (a) all trade discounts, and (b) any discount, which he may have agreed to allow for payment in cash, in excess of five per cent on the net amount of his claim.

87. When any rent or other payment falls due at stated periods, and the order or resolution to wind-up is made at any time other than one of those periods, the persons en- titled to the rent or payment may prove for a proportionate part thereof up to the date of the winding-up order or re- solution as if the rent or payment grew due from day to day: Provided that where the liquidator remains in occupation of premises demised to a company which is being wound up, nothing herein contained shall prejudice or affect the right of the landlord of such premises to claim payment by the company, or the liquidator, of rent during the period of the company's or the liquidator's occupation.

88. On any debt or sum certain, payable at a certain. time or otherwise, whereon interest is not reserved or agreed

72

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