(2) 該報告須以書面作出，但無須任何誓章，該報告亦須列明所提出 的問題及接受訊問的人的答覆(如有的話)。
" (2) The report shall be in writing, but without affidavit and shall set forth the question put, and the answer (if any) given by the person examined."
(3) 司法常務官或其他人員在發生拒依規定作答一事的訊問結束前， 須指明會將拒依規定作答一事向法官報告的時間及地點，而法官在接獲報 告時，可隨即採取他認為合適的行動。
" (3) The Registrar or other officer shall, before the conclusion of the examination at which the default in answering is made, name the time when and the place where the default will be reported to a judge, and upon receiving the report a judge may take such action thereon as he shall think fit.
If a judge is sitting at the time when the default in answering is made, such default may be reported immediately."
如在拒依規定作答一事發生時正有 法官開庭，則該事可立即報告。
" (3) The Registrar or other officer shall, before the conclusion of the examination at which the default in answering is made, name the time when and the place where the default will be reported to a judge, and upon receiving the report a judge may take such action thereon as he shall think fit.
If a judge is sitting at the time when the default in answering is made, such default may be reported immediately."
(1) 在根據本條例第 221 條對證人進行的訊問中(不論該訊問是應何 人的申請而下令進行的)，破產管理署署長可親自或由助理破產管理署署 長或為此目的而聘用的大律師或律師代表出席，並可就該訊問作紀錄以供 其本人之用，亦可向接受訊問的人提出法院所容許提出的問題。
" (1) The Official Receiver may attend in person, or by an assistant official receiver, or by counsel or by solicitors employed for the purpose, any examination of a witness under section 221 of the Ordinance, on whosesoever application the same has been ordered, and may take notes of the examination for his own use, and put such question to the persons examined as the court may allow."
(2) 任何人根據本條例第221條或任何法院命令，在法庭或法院任何人 員或獲委任進行有關訊問的人席前接受訊問時所作供詞的紀錄(在根據本 條例第222條進行的公開訊問中接受訊問的人所作供詞的紀錄除外)，不得 予以存檔或公開讓任何債權人﹑分擔人或其他人查閱，除非與直至法院有 所指示，但破產管理署署長或清盤人，或任何並非破產管理署署長但正以 臨時清盤人身分行事的臨時清盤人，則不在此限，而法院可不時就該等紀 錄的保管及查閱，以及提供該等紀錄的副本或摘錄的事宜，作出其認為合 宜的一般指示或特別指示。
" (2) The notes of the depositions of a person examined under section 221 of the Ordinance, or under any order of the court before the court, or before any officer of the court, or person appointed to take such an examination (other than the notes of the depositions of a person examined at a public examination under section 222 of the Ordinance) shall not be filed, or be open to the inspection of any creditor, contributory, or other person, except the Official Receiver or liquidator, or any provisional liquidator other than the Official Receiver, while he is acting as provisional liquidator, unless and until the court shall so direct, and the court may from time to time give such general or special directions as it shall think expedient as to the custody and inspection of such notes and the furnishing of copies of or extracts therefrom."
(1) 依據本條例第268(1)條提出，要求獲得許可卸棄公司任何部分財 產的申請，須以單方面傳票提出。
(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)
該傳票須以誓章支持，而誓章須顯示有 利害關係的各方為何人以及各人的利害所在。
(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)
法院於聆訊傳票時，須作出 其認為合適的指示，尤其是關於向有利害關係的各方或其中任何一方發出 通知的指示；法院亦可將申請押後，以使任何一方能夠出席聆訊。
(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)
(見 表格39及40)
(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) 凡清盤人卸棄任何批租土地權益，他須隨即將卸棄書送交司法常 務官辦事處存檔；如有關財產位於香港，則亦須在土地註冊處註冊一份有 關該項卸棄的通知書。
" (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)"
該卸棄書須載有被卸棄權益的詳情，和一項關於已 獲發給卸棄通知的人的陳述。
" (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)"
在清盤人將該卸棄書送交存檔及(如有關財 產位於香港)將有關該項卸棄的通知書在土地註冊處註冊之前，該卸棄書 不具任何效用。
" (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)"
卸棄書須採用附錄內表格39的格式，而有關卸棄的通知書 則須採用附錄內表格40的格式，但可按情況所需作出更改。
" (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)"
(1984年第 201號法律公告；1993年第8號第3ng
" (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) 凡任何人聲稱在清盤人有意卸棄的公司財產的任何部分擁有權益 ，該人須應清盤人的請求，提供有關他聲稱擁有的權益的陳述。
(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.
(1) 根據本條例第268條第(6)款提出﹑要求作出命令將任何遭卸棄的 財產歸屬或交付任何人的申請，須由就要求給予許可卸棄該財產的申請而 提交的誓章支持。
(1) Any application under subsection (6) of section 268 of the Ordinance for an order for the vesting of any disclaimed property in or the delivery of any such property to any persons shall be supported by the affidavit filed on the application for leave to disclaim such property.
在由法院作出的清盤中與債權人及分擔人訂立的債務償還安排
ARRANGEMENTS WITH CREDITORS AND CONTRIBUTORIES IN A WINDING UP BY THE COURT
在由法院作出的清盤中，如有申請向法院提出，要求認許任何妥協安 排或債務償還安排，法院可在就該項妥協安排或債務償還安排給予認許前 ，聆聽破產管理署署長就有關計劃的條款﹑有關公司的董事及其他高級人 員的行為操守，以及破產管理署署長認為應提請法院注意的任何其他事宜 作出的報告。
" In a winding up by the court, if application is made to the court to sanction any compromises or arrangement, the court may, before giving its sanction thereto, hear a report by the Official Receiver as to the terms of the scheme, and as to the conduct of the directors and other officers of the company, and as to any other matters which, in the opinion of the Official Receiver, ought to be brought to the attention of the court.
The report shall not be placed upon the file, unless and until the court shall direct it to be filed."
該報告不得存於有關檔案，除非與直至法院指示該報告須予 存檔。
" In a winding up by the court, if application is made to the court to sanction any compromises or arrangement, the court may, before giving its sanction thereto, hear a report by the Official Receiver as to the terms of the scheme, and as to the conduct of the directors and other officers of the company, and as to any other matters which, in the opinion of the Official Receiver, ought to be brought to the attention of the court.
The report shall not be placed upon the file, unless and until the court shall direct it to be filed."
本條例第211條授予法院的權力，須由清盤人行使。
" The powers conferred on the court by section 211 of the Ordinance shall be exercised by the liquidator.
Any contributory for the time being on the list of contributories, trustee, receiver, banker or agent or officer of a company which is being wound up under order of the court shall, on notice from the liquidator and within such time as he shall by notice in writing require, pay, deliver, convey, surrender or transfer to or into the hands of the liquidator any sum of money or balance, books, papers, estate or effects which happen to be in his hands for the time being and to which the company is prima facie entitled. (See Form 41)"
任何公司如正根據 法院命令進行清盤，當其時名列其分擔人列表的任何分擔人或該公司的任 何受託人﹑接管人﹑銀行﹑代理人或高級人員，須在接獲清盤人的通知時 及在清盤人藉書面通知而規定的期限內，將當其時恰巧在他手中而又是公 司表面上有權享有的任何款項或結餘﹑簿冊﹑文據﹑產業或財物支付﹑交 付﹑轉易﹑退回或轉讓予清盤人或清盤人手中。
" The powers conferred on the court by section 211 of the Ordinance shall be exercised by the liquidator.
Any contributory for the time being on the list of contributories, trustee, receiver, banker or agent or officer of a company which is being wound up under order of the court shall, on notice from the liquidator and within such time as he shall by notice in writing require, pay, deliver, convey, surrender or transfer to or into the hands of the liquidator any sum of money or balance, books, papers, estate or effects which happen to be in his hands for the time being and to which the company is prima facie entitled. (See Form 41)"
(見表格41)
" The powers conferred on the court by section 211 of the Ordinance shall be exercised by the liquidator.
Any contributory for the time being on the list of contributories, trustee, receiver, banker or agent or officer of a company which is being wound up under order of the court shall, on notice from the liquidator and within such time as he shall by notice in writing require, pay, deliver, convey, surrender or transfer to or into the hands of the liquidator any sum of money or balance, books, papers, estate or effects which happen to be in his hands for the time being and to which the company is prima facie entitled. (See Form 41)"
在由法院作出的清盤中的分擔人列表
LIST OF CONTRIBUTORIES IN A WINDING UP BY THE COURT
除非法院免除議定分擔人列表的規定，否則清盤人獲委任後，須在方 便範圍內盡快議定一份公司分擔人的列表，並須為此目的而指定時間及地 點。
" Unless the court shall dispense with the settlement of a list of contributories the liquidator shall with all convenient speed after his appointment settle a list of contributories of the company, and shall appoint a time and place for that purpose.
The list of contributories shall contain a statement of the address of, and the number of shares or extent of interest to be attributed to each contributory and the amount called up and the amount paid up in respect of such shares or interest, and shall distinguish the several classes of contributories.
As regards representative contributories the liquidator shall, so far as practicable, observe the requirements of section 210(2) of the Ordinance. (See Form 42)"