(a) 作出委託的人；
(a) the person giving the proxy;
(b) 經理人或文員或其他人，而該經理人、文員或其他人須為(a)段所 提述的人的常任僱員；或
(b) any manager or clerk or any other person in the regular employment of the person referred to in paragraph (a); or
(c) 由(a)段所提述的人為此事宜而聘用的律師。
(c) a solicitor employed by the person referred to in paragraph (a) in connection with the matter.
一般委託書表格及特別委託書表格須連同召集會議的通知書一併送交 債權人及分擔人。
" General and special forms of proxy shall be sent to the creditors and contributories with the notice summoning the meeting, and neither the name nor description of the Official Receiver or liquidator or any other person shall be printed or inserted in the body of any instrument of proxy before it is so sent."
任何委託文書在如 此送交前，不得在內文印上或填上 破產管理署署長或清盤人或任何其他人的姓名或描述。
" General and special forms of proxy shall be sent to the creditors and contributories with the notice summoning the meeting, and neither the name nor description of the Official Receiver or liquidator or any other person shall be printed or inserted in the body of any instrument of proxy before it is so sent."
債權人或分擔人可向任何人發出特別委託書，委託該人在任何指明會 議或其延會上就以下事項作出表決─
A creditor or a contributory may give a special proxy to any person to vote at any specified meeting or adjournment thereof-
(a) 贊成或反對委任某指明的人為清盤人或審查委員會委員，或贊成 或反對某指明的人留任清盤人或審查委員會委員；及
(a) for or against the appointment or continuance in office of any specified person as liquidator or member of the committee of inspection; and
(b) 除上述事宜外，與任何其他事宜有關並在該 會議或其延會上所產 生的一切問題。
(b) on all questions relating to any matter other than those above referred to and arising at the meeting or an adjournment thereof.
凡法院覺得且信納任何清盤人曾藉游說或由他人代其藉游說而取得委 託書或促致其獲委任為清盤人(按債權人會議或分擔人會議的指示而取得 或促致其獲委任者除外)，則即使審查委員會的任何決議或債權人或分擔 人的任何決議有相反決定，法院如認為合適，仍可命令該名曾如此作出游 說或由他人代其如此作出游說的人，不得獲付酬金。
" Where it appears to the satisfaction of the court that any solicitation has been used by or on behalf of a liquidator in obtaining proxies or in procuring his appointment as liquidator except by the direction of a meeting of creditors or contributories, the court if it thinks fit may order that no remuneration be allowed to the person by whom or on whose behalf the solicitation was exercised notwithstanding any resolution of the committee of inspection or of the creditors or contributories to the contrary."
債權人或分擔人在由法院作出的清盤中，可委任破產管理署署長或清 盤人為其一般代表或特別代表，而在自動清盤中則可委任清盤人為其一般 代表或特別代表，如無清盤人，則可委任會議的主席為其一般代表或特別 代表。
A creditor or a contributory in a winding up by the court may appoint the Official Receiver or liquidator and in a voluntary winding up the liquidator or if there be no liquidator the chairman of a meeting to act as his general or special proxy.
任何人如根據一般委託書或特別委託書行事，而任何決議會直接或間 接使該人﹑其合夥人或其僱主能夠從公司的資產中收取任何酬金，但卻並 非以一名與公司的其他債權人按比例獲償付的債權人身分收取該酬金，則 該人不得表決贊成該項決議︰
" No person acting either under a general or a special proxy shall vote in favour of any resolution which would directly or indirectly place himself, his partner or employer in a position to receive any remuneration out of the assets of the company otherwise than as creditor rateably with the other creditors of the company:"
但如任何人持有特別委託書，委託其表決贊成向法院提出的要求委任 其本人為清盤人的申請，則該人可使用該等委託書而據此表決。
Provided that where any person holds special proxies to vote for an application to the court in favour of the appointment of himself as liquidator he may use the said proxies and vote accordingly.
(1) 擬在第一次債權人會議或分擔人會議或其延會上使用的委託書， 須在不遲於召開有關會議或其延會的通知書內所述的遞交委託書時間，遞 交破產管理署署長，而除非法院另有指示，否則該時間不得早於該會議的 指定日期前兩天的正午12時，亦不得遲於該會議的指定日期前一天的正午 12時。
" (1) A proxy intended to be used at the first meeting of creditors or contributories, or an adjournment thereof, shall be lodged with the Official Receiver not later than the time mentioned for that purpose in the notice convening the meeting or the adjourned meeting, which time shall be not earlier than 12 o'clock at noon of the day but one before, nor later than 12 o'clock at noon of the day before the day appointed for such meeting, unless the court otherwise directs."
(2) 在任何其他情況下，在由法院作出的清盤中，委託書須遞交破產 管理署署長或清盤人；如屬根據本條例第241條召集的會議，委託書須按 公司的註冊辦事處遞交公司；在自動清盤中，委託書須遞交清盤人，如無 清盤人則須遞交召開會議的通知書內指名為接收委託書的人，且不得遲於 委託書將在有關會議上使用的會議或延會的前一天下午4時遞交。
" (2) In every other case a proxy shall be lodged with the Official Receiver or liquidator in a winding up by the court, with the company at its registered office for a meeting under section 241 of the Ordinance and with the liquidator or if there is no liquidator with the person named in the notice convening the meeting to receive the same in a voluntary winding up not later than 4 o'clock in the afternoon of the day before the meeting or adjourned meeting at which it is to be used."
(2A) 按照第(1)或(2)款規定須予遞交的委託書，如在規定的時間內藉 圖文傳真方式送交第(1)或(2)款(視屬何情況而定)所指明的人，而該人接 獲該委託書，則該委託書須當作已如此遞交。 (1997年第286號法律公告 )
" (2A) A proxy required to be lodged in accordance with paragraph (1) or (2) shall be deemed to have been so lodged if such proxy is sent by facsimile transmission to and received by the person specified in paragraph (1) or (2), as the case may be, within the time provided. (L.N. 286 of 1997)"
凡破產管理署署長持有任何就某會議而發出的委託書，但不能出席該 會議，他可以書面委派某名在其職權管轄下的人士，按他指示的方式代他 使用該等委託書。
" Where the Official Receiver holds any proxies and cannot attend the meeting for which they are given, he may, in writing, depute some person under his official control to use the proxies on his behalf, and in such manner as he may direct."
如任何失明或無書寫能力的債權人在一名見證人面前，在委託書上附 上其簽署或標記，而該名見證人除在該委託書上簽署外，亦附加其描述及 住址，則該委託書可予接受︰
" The proxy of a creditor blind or incapable of writing may be accepted, if such creditor has attached his signature or mark thereto in the presence of a witness, who shall add to his signature his description and residence:"
但該委託書內所有填寫項目均由該名見證人親筆書寫，而該名見證人 須已在該委託書的末端，核證所有該等填寫項目均是在該債權人附上其簽 署或標記前，由該名見證人應該債權人的請求並在該債權人面前書寫的。
Provided that all insertions in the proxy are in the handwriting of the witness and such witness shall have certified at the foot of the proxy that all such insertions have been made by him at the request of the creditor and in his presence before he attached his signature or mark.
在由法院作出的清盤中的攤還債款
DIVIDENDS IN A WINDING UP BY THE COURT
(1) 在由法院作出的清盤中的清盤人，須在宣布任何攤還債款前不多 於4個月，藉在憲報刊登公告，發出他擬作出該項宣布的通知書，並須同 時向資產負債狀況說明書內所述但未曾證明債權的債權人發出通知書。
" (1) Not more than 4 months before declaring a dividend the liquidator in a winding up by the court shall, by publication in the Gazette, give notice of his intention to do so, and shall at the same time give notice to such of the creditors mentioned in the statement of affairs as have not proved their debts.
Such notice shall specify the latest date up to which proofs must be lodged, which shall not be less than 14 days from the date of such notice. (See Forms 67, 70 & 103(4)) (L.N. 286 of 1997)"
該 通知書須指明遞交債權證明表的最後限期，而該限期不得早於自該通知書 的日期起計14天。
" (1) Not more than 4 months before declaring a dividend the liquidator in a winding up by the court shall, by publication in the Gazette, give notice of his intention to do so, and shall at the same time give notice to such of the creditors mentioned in the statement of affairs as have not proved their debts.
Such notice shall specify the latest date up to which proofs must be lodged, which shall not be less than 14 days from the date of such notice. (See Forms 67, 70 & 103(4)) (L.N. 286 of 1997)"
(見表格67﹑70及103(4)) (1997年第286號法律公告 )
" (1) Not more than 4 months before declaring a dividend the liquidator in a winding up by the court shall, by publication in the Gazette, give notice of his intention to do so, and shall at the same time give notice to such of the creditors mentioned in the statement of affairs as have not proved their debts.
Such notice shall specify the latest date up to which proofs must be lodged, which shall not be less than 14 days from the date of such notice. (See Forms 67, 70 & 103(4)) (L.N. 286 of 1997)"
(2) 凡任何債權人在有關擬宣布攤還債款的通知書內所述的遞交債權 證明表最後限期之後，就清盤人拒絕接納某份債權證明表的決定而提出上 訴，上訴通知書須在有關該項上訴所針對的決定的通知書日期起計7天內 發出，但法院在特殊情況下具有權力將該期限延展；清盤人在此情況下， 可就根據該份債權證明表計算所得的攤還債款，以及就該份債權證明表如 獲接納則該項上訴頗有可能涉及的訟費，預留款項。
" (2) Where any creditor, after the date mentioned in the notice of intention to declare a dividend as the latest date up to which proofs may be lodged, appeals against the decision of the liquidator rejecting a proof, notice of appeal shall, subject to the power of the court to extend the time in special cases, be given within 7 days from the date of the notice of the decision against which the appeal is made, and the liquidator may in such case make provision for the dividend upon such proof, and the probable costs of such appeal in the event of the proof being admitted.
Where no notice of appeal has been given within the time specified in this rule, the liquidator shall exclude all proofs which have been rejected from participation in the dividend."
凡在本條指明的期限 內並無任何上訴通知書發出，清盤人須將所有已遭拒絕接納的債權證明表 排除於攤還債款的派發之外。
" (2) Where any creditor, after the date mentioned in the notice of intention to declare a dividend as the latest date up to which proofs may be lodged, appeals against the decision of the liquidator rejecting a proof, notice of appeal shall, subject to the power of the court to extend the time in special cases, be given within 7 days from the date of the notice of the decision against which the appeal is made, and the liquidator may in such case make provision for the dividend upon such proof, and the probable costs of such appeal in the event of the proof being admitted.
Where no notice of appeal has been given within the time specified in this rule, the liquidator shall exclude all proofs which have been rejected from participation in the dividend."