Hong Kong Regulations

COMPANIES (WINDING-UP) RULES - RULE 33

Substitution of creditor or contributory for withdrawing petitioner

When a petitioner is not entitled to present a petition or whether so entitled
or not, where he (a) fails to advertise his petition within the time by these
rules prescribed or such extended time as the Registrar may allow or (b)
consents to withdraw his petition, or to allow it to be dismissed, or the
hearing adjourned, or fails to appear in support of his petition when it is
called on in court on the day originally fixed for the hearing thereof, or on
any day to which the hearing has been adjourned, or

   (c)  if appearing, does not apply for an order in the terms of the prayer
        of his petition, the court may, upon such terms as it may think just,
        substitute as petitioner any creditor or contributory who in the
        opinion of the court would have a right to present a petition, and who
        is desirous of prosecuting the petition. An order to substitute a
        petitioner may, where a petitioner fails to advertise his petition
        within the time prescribed by these rules or consents to withdraw his
        petition, be made in chambers at any time. [cf. R. 36]