246
CAP. 32]
(Cap. 6)
Power of court to assess
damages against delinquent officer, etc.
1929 c. 23, s. 276.
(Cap. 6.)
Prosecution of delinquent officers and members of company.
1948 c. 38, s. 334.
Companies
[1984 Ed.
(6) The provisions of this section shall have effect notwithstanding that the person concerned may be criminally liable in respect of the matters on the ground of which the declaration is to be made, and where the declaration under subsection (1) is made the declaration shall be deemed to be a final judgment within the meaning of section 3(1)(g) of the Bankruptcy Ordinance.
(7) [Deleted, 6 of 1984, s. 191]
(Amended, 6 of 1984, s. 191)
276. (1) If in the course of winding up a company it appears that any person who has taken part in the formation or promotion of the company, or any past or present officer or liquidator or receiver of the company, has misapplied or retained or become liable or accountable for any money or property of the company, or been guilty of any misfeasance or breach of duty in relation to the company which is actionable at the suit of the company, the court may, on the application of the Official Receiver, or of the liquidator, or of any creditor or contributory, examine into the conduct of the promoter, officer, liquidator or receiver, and compel him to repay or restore the money or property or any part thereof respectively with interest at such rate as the court thinks just, or to contribute such sum to the assets of the company by way of compensation in respect of the misapplication, retainer, misfeasance, or breach of trust as the court thinks just.
(2) The provisions of this section shall have effect notwithstanding that the offence is one for which the offender may be criminally liable.
(3) Where an order for payment of money is made under this section, the order shall be deemed to be a final judgment within the meaning of section 3(1)(g) of the Bankruptcy Ordinance.
(Amended, 6 of 1984, s. 192)
277. (1) If it appears to the court in the course of a winding up by the court that any past or present officer or member of the company has been guilty of any offence in relation to the company for which he is criminally liable, the court may, either on the application of any person interested in the winding up or of its own motion, direct the liquidator to refer the matter to the Attorney General. (Amended, 6 of 1984, s. 193)
(2) If it appears to the liquidator in the course of a voluntary winding up that any past or present officer or member of the company has been guilty of any offence in relation to the company for which he is criminally liable, he shall forthwith report the matter to the Attorney General, and shall furnish to the Attorney General such information and give to him such access to and facilities for inspecting and taking copies of any documents, being information or documents in the possession or under the control of the liquidator and relating to the matter in question, as he may require. (Amended, 6 of 1984, s. 193)
246
CAP. 32]
(Cap. 6)
Power of court to assess
damages against delinquent officer, etc.
1929 c. 23, s. 276.
(Cap. 6.)
Prosecution of delinquent officers and members of company.
1948 c. 38, s. 334.
Companies
[1984 Ed.
(6) The provisions of this section shall have effect notwith- standing that the person concerned may be criminally liable in respect of the matters on the ground of which the declaration is to be made, and where the declaration under subsection (1) is made the declaration shall be deemed to be a final judgment within the meaning of section 3(1)(g) of the Bankruptcy Ordinance.
(7) [Deleted, 6 of 1984, s. 191]
(Amended, 6 of 1984, s. 191)
276. (1) If in the course of winding up a company it appears that any person who has taken part in the formation or promotion of the company, or any past or present officer or liquidator or receiver of the company, has misapplied or retained or become liable or accountable for any money or property of the company, or been guilty of any misfeasance or breach of duty in relation to the company which is actionable at the suit of the company, the court may, on the application of the Official Receiver, or of the liquidator, or of any creditor or contributory, examine into the conduct of the promoter, officer, liquidator or receiver, and compel him to repay or restore the money or property or any part thereof respectively with interest at such rate as the court thinks just, or to contribute such sum to the assets of the company by way of compensation in respect of the misapplication, retainer, misfeasance, or breach of trust as the court thinks just.
(2) The provisions of this section shall have effect notwithstan- ding that the offence is one for which the offender may be criminally liable.
(3) Where an order for payment of money is made under this section, the order shall be deemed to be a final judgment within the meaning of section 3(1)(g) of the Bankruptcy Ordinance.
(Amended, 6 of 1984, s. 192)
277. (1) If it appears to the court in the course of a winding up by the court that any past or present officer or member of the company has been guilty of any offence in relation to the company for which he is criminally liable, the court may, either on the application of any person interested in the winding up or of its own motion, direct the liquidator to refer the matter to the Attorney General. (Amended, 6 of 1984, s. 193)
(2) If it appears to the liquidator in the course of a voluntary winding up that any past or present officer or member of the company has been guilty of any offence in relation to the company for which he is criminally liable, he shall forthwith report the matter to the Attorney General, and shall furnish to the Attorney General such information and give to him such access to and facilities for inspecting and taking copies of any documents, being information or documents in the possession or under the control of the liquidator and relating to the matter in question, as he may require. ( Amen- ded, 6 of 1984, s. 193)
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