1964_COMPANIES_ORDINANCE — Page 104

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 32]

Power to order public examination of promoters. directors, &c. 1929 c. 23, s. 216.

Companies

[1984 Ed.

(2) The court may examine him on oath concerning the matters aforesaid, either by word of mouth or on written interrogatories, and may reduce his answers to writing and require him to sign them.

(3) The court may require him to produce any books and papers in his custody or power relating to the company, but, where he claims any lien on books or papers produced by him, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien.

(4) If any person so summoned, after being tendered a reasonable sum for his expenses, refuses to come before the court at the time appointed, not having a lawful impediment (made known to the court at the time of its sitting, and allowed by it), the court may cause him to be apprehended and brought before the court for examination.

222. (1) Where an order has been made for winding up a company by the court, and the Official Receiver has made a further report under this Ordinance stating that in his opinion-

(a) a fraud has been committed by any person in the promotion or formation of the company or by any officer of the company in relation to the company since its formation; or

(b) in the case of an insolvent company, a prima facie case exists of such culpability or impropriety or recklessness or incompetence on the part of any officer of the company in relation to the company's affairs as would render him liable to be disqualified under section 157E or 157F,

the court may, after consideration of the report, direct that that person or officer shall attend before the court on a day appointed by the court for that purpose and be publicly examined as to the promotion or formation or the conduct of the business of the company or as to his conduct and dealings as officer thereof. (Replaced, 6 of 1984, s. 153)

(2) The Official Receiver shall take part in the examination, and for that purpose may, if specially authorized by the court in that behalf, employ a solicitor with or without counsel.

(3) The liquidator, where the Official Receiver is not the liquidator, and any creditor or contributory, may also take part in the examination either personally or by solicitor or counsel.

(4) The court may put such questions to the person examined as the court thinks fit.

(5) The person examined shall be examined on oath, and shall answer all such questions as the court may put or allow to be put to him.

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CAP. 32] Power to order public examination of promoters. directors, &c. 1929 c. 23, s. 216. Companies [1984 Ed. (2) The court may examine him on oath concerning the matters aforesaid, either by word of mouth or on written interrogatories, and may reduce his answers to writing and require him to sign them. (3) The court may require him to produce any books and papers in his custody or power relating to the company, but, where he claims any lien on books or papers produced by him, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien. (4) If any person so summoned, after being tendered a reasonable sum for his expenses, refuses to come before the court at the time appointed, not having a lawful impediment (made known to the court at the time of its sitting, and allowed by it), the court may cause him to be apprehended and brought before the court for examination. 222. (1) Where an order has been made for winding up a company by the court, and the Official Receiver has made a further report under this Ordinance stating that in his opinion- (a) a fraud has been committed by any person in the promotion or formation of the company or by any officer of the company in relation to the company since its formation; or (b) in the case of an insolvent company, a prima facie case exists of such culpability or impropriety or recklessness or incompetence on the part of any officer of the company in relation to the company's affairs as would render him liable to be disqualified under section 157E or 157F, the court may, after consideration of the report, direct that that person or officer shall attend before the court on a day appointed by the court for that purpose and be publicly examined as to the promotion or formation or the conduct of the business of the company or as to his conduct and dealings as officer thereof. (Replaced, 6 of 1984, s. 153) (2) The Official Receiver shall take part in the examination, and for that purpose may, if specially authorized by the court in that behalf, employ a solicitor with or without counsel. (3) The liquidator, where the Official Receiver is not the liquidator, and any creditor or contributory, may also take part in the examination either personally or by solicitor or counsel. (4) The court may put such questions to the person examined as the court thinks fit. (5) The person examined shall be examined on oath, and shall answer all such questions as the court may put or allow to be put to him.

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214 CAP. 32] Power to order public examination of promoters. directors, &c. 1929 c. 23, s. 216. Companies [1984 Ed. (2) The court may examine him on oath concerning the matters aforesaid, either by word of mouth or on written interroga- tories, and may reduce his answers to writing and require him to sign them. (3) The court may require him to produce any books and papers in his custody or power relating to the company, but, where be claims any lien on books or papers produced by him, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien. (4) If any person so summoned, after being tendered a reasonable sum for his expenses, refuses to come before the court at the time appointed, not having a lawful impediment (made known to the court at the time of its sitting, and allowed by it), the court may cause him to be apprehended and brought before the court for examination. 222. (1) Where an order has been made for winding up a company by the court, and the Official Receiver has made a further report under this Ordinance stating that in his opinion- (a) a fraud has been committed by any person in the promo- tion or formation of the company or by any officer of the company in relation to the company since its formation; or (b) in the case of an insolvent company, a prima facie case exists of such culpability or impropriety or recklessness or incompetence on the part of any officer of the company in relation to the company's affairs as would render him liable to be disqualified under section 157E or 157F, the court may, after consideration of the report, direct that that person or officer shall attend before the court on a day appointed by the court for that purpose and be publicly examined as to the promotion or formation or the conduct of the business of the company or as to his conduct and dealings as officer thereof. (Re- placed, 6 of 1984, s. 153) (2) The Official Receiver shall take part in the examination, and for that purpose may, if specially authorized by the court in that behalf, employ a solicitor with or without counsel. (3) The liquidator, where the Official Receiver is not the liquidator, and any creditor or contributory, may also take part in the examination either personally or by solicitor or counsel. (4) The court may put such questions to the person examined as the court thinks fit. (5) The person examined shall be examined on oath, and shall answer all such questions as the court may put or allow to be put to him.

2026-05-04 10:43:49 · Baseline

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214

CAP. 32]

Power to order public examination of promoters. directors, &c. 1929 c. 23, s. 216.

Companies

[1984 Ed.

(2) The court may examine him on oath concerning the matters aforesaid, either by word of mouth or on written interroga- tories, and may reduce his answers to writing and require him to sign them.

(3) The court may require him to produce any books and papers in his custody or power relating to the company, but, where be claims any lien on books or papers produced by him, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien.