22.—(1) Every application for the winding up of a company by the Court shall be made by originating summons.
(2) The application for the winding up of a company shall be —
(a)
in Form 2 set out in the First Schedule if it is made by the company itself; and
(b)
in Form 3 set out in the First Schedule if it is made by a person other than the company.
(3) Where an application to wind up the company is made by a person other than the company, that person shall be referred to in Form 3 set out in the First Schedule and all proceedings as the plaintiff.
Filing of winding up application
23.—(1) A winding up application shall be filed at the office of the Registrar who shall appoint the time and place at which the winding up application is to be heard.
(2) Notice of the time and place appointed for hearing the winding up application shall be written on the winding up application and sealed copies thereof, and the Registrar may at any time before the winding up application has been advertised, alter the time appointed and fix another time.
Advertisement of winding up application
24. Every winding up application shall be advertised 7 clear days (or such longer time as the Court may direct) before the hearing, in Form 4 set out in the First Schedule as follows:
(a)
once in the Gazette and once at least in one English and one Chinese local daily newspaper or in such other newspapers as the Court may direct; and
(b)
the advertisement shall state the day on which the winding up application was filed and the name and address of the applicant and of his solicitor and contain a note at the foot thereof, stating that any person who intends to appear on the hearing of the winding up application, either to oppose or support, must send notice of such intention to the applicant or to his solicitor, within the time and in the manner prescribed by rule 28, and an advertisement of an application for the winding up of a company by the Court which does not contain such a note shall be deemed irregular,
and if the applicant or his solicitor does not within the time hereby prescribed or within such extended time as the Registrar may allow duly advertise the winding up application in the manner prescribed by this rule, the appointment of the time and place at which the winding up application is to be heard shall be cancelled by the Registrar and the winding up application shall be removed from the file unless the Judge or the Registrar shall otherwise direct.
Affidavit supporting application for winding up
25.—(1) Every application for the winding up of a company by the Court shall be supported by an affidavit.
(2) The affidavit supporting an application to wind up a company shall state —
(a)
the date of incorporation of the company;
(b)
the registered office of the company; and
(c)
the grounds on which the application for winding up is made.
(3) The affidavit supporting a winding up application shall be in Form 5 set out in the First Schedule and shall be made by the applicant or by one of the applicants, if more than one, or, in the case where the application is made by a corporation, by some director, manager, secretary or other principal officer thereof and shall be filed and served together with the winding up application, and such affidavit shall be prima facie evidence of the statements therein.
Service of winding up application and supporting affidavit
26.—(1) Every winding up application and supporting affidavit shall, unless filed by the company, be served upon the company at the registered office of the company, and if there is no registered office, then at the principal or last known principal place of business of the company, if any can be found, by leaving a copy with any member, officer or employee of the company there, or in case no such member, officer or employee can be found there, then by leaving a copy at such registered office or principal place of business, or by serving it on such member or members of the company as the Court may direct; and where the company is being wound up voluntarily, the winding up application and supporting affidavit shall also be served upon the liquidator (if any) appointed for the purpose of winding up the affairs of the company. The affidavit of service of the winding up application and supporting affidavit may be in Form 6 or Form 7 set out in the First Schedule.
(2) Where a winding up application is filed by any person other than the liquidator of the company in relation to a company which is in the course of being wound up, the winding up application and supporting affidavit shall be personally served upon the liquidator.
(3) A copy of the winding up application and supporting affidavit shall also be served upon the Official Receiver.
Copy of winding up application and supporting affidavit to be furnished to creditor or contributory
27. Every contributory or creditor of the company shall be entitled to be furnished by the applicant or his solicitor with a copy of the winding up application and supporting affidavit within 48 hours after requiring the same, upon payment of 50 cents per folio of 100 words for such copy.