Hong Kong Regulations

COMPANIES (WINDING-UP) RULES - RULE 58

Application by or against delinquent directors, officers and promoters

(Past version on 01/07/1997).
(Past version on 30/06/1997).

PROCEEDINGS BY OR AGAINST DIRECTORS, PROMOTERS, AND OFFICERS

(1) An application under any of the following provisions of the Ordinance-

   (a)  section 276;

   (b)  section 275(1), (2) or (4);

   (c)  section 168I, where such application relates to a company in course of
        being wound up by the court; (L.N. 201 of 1984; 46 of 2000 s. 40)

   (d)  section 358(2), shall be made by a summons returnable in the first
        instance in chambers, in which summons shall be stated the nature of
        the declaration or order for which application is made, and the
        grounds of the application, and which summons, unless otherwise
        ordered by the court, shall be served, in the manner in which an
        originating summons is required by the Rules of the High Court ( Cap 4
        sub. leg.) to be served, on every person against whom an order is
        sought, not less than 8 days before the day named in the summons for
        hearing the application. Where the application is made by the
        Official  Receiver or liquidator he may make a report to the court
        stating any facts and information on which he proceeds which are
        verified by affidavit, or derived from sworn evidence in the
        proceedings. Where the application is made by any other person it
        shall be supported by affidavit to be filed by him. (25 of 1998 s. 2)
        A copy of every report and affidavit intended to be used in support of
        the summons shall be served on every person against whom an order is
        sought not less than 4 days before the hearing of the summons.

(2) On the return of the summons the court may give such directions as it
shall think fit as to the taking of evidence wholly or in part by affidavit or
orally, and the cross-examination either before a judge on the hearing in
court or in chambers of any deponents to affidavits in support of or in
opposition to the application and as to any report it may require the
Official Receiver or liquidator to make and generally as to the procedure on
the summons and for the hearing thereof. [cf. R. 66]