the-ordinances-of-the-legislative-counci-1890v4 — Page 247

HK Historical Laws 香港歷史法例 All

2064 ORDINANCE No. 30 OF 1886 .


Companies.

Compromise. 50. Every application for the sanction of the Judge to a compromise with any
Ibid, r. 49.]
contributory or other person indebted to the company shall be supported by the affidavit
of the official liquidator that he has investigated the affairs of such contributory or
person, and stating his belief that the proposed compromise will be beneficial to the
company, and his reasons for such belief; and the sanction of the Judge thereto shall
be testified by a memorandum, signed by the Registrar on the agreement of compromise
unless any party shall desire to appeal from the decision of the Judge, in which case
an order shall be drawn up for that purpose.
Other cases.
(Ibid, r. 50, 51. The direction , or sanction of the Judge for any other proceeding or act to be
taken or done by the official liquidator shall be obtained upon summons, and an order
shall be drawn up thereon , unless the Judge shall otherwise direct .

Application to the Court or Judge under sections 125, 126, 129, 155 and 156
of the Companies Ordinance 1865.

Application how 52. Every application under the 125th , 126th or 129th section of " The Companies
made.
Ibid, r. 51.1
Ordinance 1865 " shall be made by petition or motion , or if the Judge shall so direct, by
summons at chambers ; and every application under the 155th or 156th section of the
said Ordinance shall be made by petition.


Orders.

Drawing up
orders. 53. All orders made in chambers shall be drawn up in chambers, unless specially
Ibid, r. 52.1
directed to be drawn up by the Registrar and shall be entered in the same manner, as
other orders made in chambers .


Advertisements.

Insertion of 54. When an advertisement is required for any purpose except where otherwise
advertisement<.
Ibid, r. 53.1 directed by these rules, the advertisement shall be inserted once in the Gazette, and in
such other newspaper or newspapers, and for such number of times as may be directed.
The Judge may, in such cases as he shall think fit, dispense with any advertisement
required by these rules.


Admission of documents.

Notice to admit. 55. Any party to any proceeding in Court or chambers relating to the winding
[Ibid, r. 54.
up of a company may by notice in writing call on any other party thereto competent to
admit the same, to admit any document saving all just exceptions ; and in case of refusal
or neglect so to admit, the costs of proving such document shall be paid by the party
so refusing or neglecting unless , the Judge shall be of opinion that the refusal to admit
was reasonable ; and no costs of proving any document shall be allowed unless such
notice shall have been given , except in cases where the omission to give such notice has
been, in the opinion of the Registrar on taxation, a saving of expense.

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