Cap. 32Hactiverule

Companies (Winding-up) Rules

公司(清盤)規則

Full legislation

s.59

Use of depositions taken at public examinations

59.
Use of depositions taken at public examinations
Where in the course of the proceedings in a winding up by the court an order has
            been made for the public examination of persons named in the order pursuant to
section
                286A
of the Ordinance, then in any proceedings subsequently instituted under any of the
            provisions of the Ordinance or the Companies Ordinance (
Cap.
                622
) mentioned in
rule 58(1)
, the
            signed
            notes of the examination of each person who was examined under the order shall, subject
            as hereinafter mentioned, and to any order or directions of the court as to the manner
            and extent in and to which the notes shall be used, and subject to all just exceptions
            to the admissibility in evidence against any particular person or persons of any of the
            statements contained in the notes of the examinations, be admissible in evidence against
            any of the persons against whom the application is made, who, under
section
                286A
of the Ordinance, and the order for the public examination, was or had the opportunity
            of being present at and taking part in the
examination:
(
28 of 2012 ss. 912 & 920
;
14 of 2016 s. 145
)
Provided that before any such notes of a
            public examination shall be used on any such application, the person intending to use
            the same shall, not less than 15 days before the day appointed for hearing the
            application, give notice of such intention to each person against whom it is intended to
            use such notes, or any of them, specifying the notes or parts of the notes which it is
            intended to read against him, and furnish him with copies of such notes, or parts of
            notes (except notes of the person’s own depositions), and provided also that every
            person against whom the application is made shall be at liberty to cross-examine or
            re-examine (as the case may be) any person the notes of whose examination are read, in
            all respects as if such person had made an affidavit on the application.