(
1984 Ed.]
Companies (Winding-up) Rules
[CAP. 32
H 27
the provisions of the Ordinance mentioned in rule 58(1), the verified notes of the examination of each person who was examined under the order shall, subject as hereinafter mentioned, and to any order or directions of the court as to the manner and extent in and to which the notes shall be used, and subject to all just exceptions to the admissibility in evidence against any particular person or persons of any of the statements contained in the notes of the examinations, be admissible in evidence against any of the persons against whom the application is made, who, under section 222 of the Ordinance, and the order for the public examination, was or had the opportunity of being present at and taking part in the examination:
Provided that before any such notes of a public examination shall be used on any such application, the person intending to use the same shall, not less than 15 days before the day appointed for hearing the application, give notice of such intention to each person against whom it is intended to use such notes, or any of them, specifying the notes or parts of the notes which it is intended to read against him, and furnish him with copies of such notes, or parts of notes (except notes of the person's own depositions), and provided also that every person against whom the application is made shall be at liberty to cross-examine or re-examine (as the case may be) any person the notes of whose examination are read, in all respects as if such person had made an affidavit on the application.
WITNESSES AND DEPOSITIONS
60. (1) The court may at any time in any proceedings, if it considers that it would be desirable so to do, appoint a person (in these rules called a “shorthand writer”) to take down, in shorthand or otherwise, the evidence of any witness examined at any public or private sitting, examination or meeting under the Ordinance.
(2) A shorthand writer (if any) attached to the Official Receiver's office shall be deemed to be duly appointed under paragraph (1), and it shall not be necessary to make any application to make such an appointment, and a general declaration by such shorthand writer adapted from Form 33 shall be deemed to apply to all proceedings in which notes are taken by him of any such evidence.
(3) Any document purporting—
(a) to be a transcript of the notes taken by a shorthand writer appointed under paragraph (1) or by a shorthand writer attached to the Official Receiver's office; and
(b) to be signed by such shorthand writer,
shall until the contrary is proved be sufficient evidence that the questions and answers therein set forth were so put and answered respectively.
(4) Every person appointed to be a shorthand writer under this rule shall be paid a sum not exceeding $30 for each hour or part thereof during which he is engaged in such appointment or in the preparation of any transcript of the evidence that may be required.
[Subsidiary]
Appointment and remuneration of shorthand writers.
L.N. 245/77, S.I. 1952/2113, rr. 69 and 70
Form 33.
(
1984 Ed.]
Companies i Winding-up) Rules
[CAP. 32
H 27
the provisions of the Ordinance mentioned in rule 58(1), the verified. notes of the examination of each person who was examined under the order shall, subject as hereinafter mentioned, and to any order or directions of the court as to the manner and extent in and to which the notes shall be used, and subject to all just exceptions to the admissibility in evidence against any particular person or persons of any of the statements contained in the notes of the examinations, be admissible in evidence against any of the persons against whom the application is made, who, under section 222 of the Ordinance, and the order for the public examination, was or had the opportunity of being present at and taking part in the examination:
Provided that before any such notes of a public examination shall be used on any such application, the person intending to use the same shall, not less than 15 days before the day appointed for hearing the application, give notice of such intention to each person against whom it is intended to use such notes, or any of them. specifying the notes or parts of the notes which it is intended to read against him, and furnish him with copies of such notes, or parts of notes (except notes of the person's own depositions), and provided also that every person against whom the application is made shall be at liberty to cross-examine or re-examine (as the case may be) any person the notes of whose examination are read, in all respects as if such person had made an affidavit on the application.
WITNESSES ANd Depositions
60. (1) The court may at any time in any proceedings. if it considers that it would be desirable so to do, appoint a person (in these rules called a “shorthand writer") to take down, in shorthand or otherwise, the evidence of any witness examined at any public or private sitting, examination or meeting under the Ordinance.
(2) A shorthand writer (if any) attached to the Official Re- ceiver's office shall be deemed to be duly appointed under paragraph (1), and it shall not be necessary to make any application to make such an appointment, and a general declaration by such shorthand writer adapted from Form 33 shall be deemed to apply to all proceedings in which notes are taken by him of any such evidence.
(3) Any document purporting---
(a) to be a transcript of the notes taken by a shorthand writer appointed under paragraph (1) or by a shorthand writer attached to the Official Receiver's office; and
(b) to be signed by such shorthand writer,
shall until the contrary is proved be sufficient evidence that the questions and answers therein set forth were so put and answered respectively.
(4) Every person appointed to be a shorthand writer under this rule shall be paid a sum not exceeding $30 for each hour or part thereof during which he is engaged in such appointment or in the preparation of any transcript of the evidence that may be required.
[Subsidiary]
Appointment and remuneration of shorthand writers.
L.N. 245/77. S.I. 1952/2113. rr. 69 and 70
Form 33.
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