Hong Kong Regulations

COMPANIES (WINDING-UP) RULES - RULE 63

Disclaimer

DISCLAIMER

(1) Any application for leave to disclaim any part of the property of a
company pursuant to section 268(1) of the Ordinance shall be by ex parte
summons. Such summons shall be supported by an affidavit showing who are the
parties interested and what their interests are. On the hearing of the summons
the court shall give such directions as it sees fit and in particular
directions as to the notices to be given to the parties interested or any of
them and the court may adjourn the application to enable any such party to
attend. (See Forms 39 & 40)

(2) Where a liquidator disclaims a leasehold interest he shall forthwith file
the disclaimer at the office of the Registrar and, when the property is
situate in Hong Kong, register a notice thereof in the Land Registry. The
disclaimer shall contain particulars of the interest disclaimed and a
statement of the persons to whom notice of the disclaimer has been given.
Until the disclaimer is filed by the liquidator and, when the property is
situate in Hong Kong, a notice thereof is registered in the Land Registry the
disclaimer shall be inoperative. A disclaimer shall be in the Form 39 and a
notice of disclaimer in the Form 40 in the Appendix with such variations as
circumstances may require. (L.N. 201 of 1984; 8 of 1993 s. 30)

(3) Where any person claims to be interested in any part of the property of a
company which the liquidator wishes to disclaim he shall at the request of the
liquidator furnish a statement of the interest so claimed by him. [cf. R. 73]