A54
Ord. No. 10/87
Addition of
new section
145B.
Amendment of
section 146.
Amendment of section 147.
(d) in subsection (3B)——
COMPANIES (AMENDMENT)
(i) by inserting after “company”, where it first and secon occurs, the following--
"or other body corporate"; and
(ii) by deleting ", agent or employee, as the case may be, of the company" and substituting the following—
"or agent, as the case may be, of the company or other body corporate, or person whom he considers may be in possession of any information concerning its affairs,”; and
(e) by deleting subsections (4) and (4A).
6.
The principal Ordinance is amended by adding, after section 145A, the following
"Power of
for director's
accounts.
145B. If an inspector has reasonable grounds for be- inspector to call lieving that a director or past director of the company or other body corporate whose affairs he is investigating main- tains or has maintained an account of any description with a bank, deposit-taking company or similar financial institution (whether alone or jointly with any other person and whether in Hong Kong or elsewhere), into or out of which there has been paid--
7.
(a) any emolument, pension or compensation, or any part thereof, in respect of his office as such director particulars of which have not been shown in the accounts, or in any statement annexed thereto, of the company or other body corporate, contrary to section 161;
(b) any money which has resulted from or been used in the financing of any transaction particulars of which are not contained in the accounts of any company for any financial year, contrary to section 161B(1), (2) or (4);
(c) any money which has been in any way connected with an act or omission, or series of acts or omis- sions, which on the part of that director constituted misconduct (whether fraudulent or not) towards the company or body corporate or its members,
the inspector may require the director to produce to him all documents in the director's possession, or under his control, relating to that account.".
Section 146(4) of the principal Ordinance is amended by inserting, after "committed", the following-
"or that civil proceedings ought in the public interest to be brought by any body corporate”.
8. Section 147 of the principal Ordinance is amended in subsections (1) and (3) by inserting, after "report made”, wherever it occurs, the following
"or information supplied".
COMPANIES (AMENDMENT)
Ord. No. 10/87
A55
9. Section 265(3B) of the principal Ordinance is amended by deleting Amendment of oating charge created" and substituting the following—
"charge created as a floating charge".
section 265.
10. The amendments made by section 4 of this Ordinance relating to Transitional. companies accounts and balance sheets shall not, as respects any company, affect or apply in relation to any such accounts or balance sheet in respect of any period prior to the financial year which begins next after the commence- ment of this Ordinance and section 122 of the principal Ordinance shall continue to apply to such accounts and balance sheet in respect of any such period as if it had not been amended by this Ordinance.
11. The principal Ordinance is amended in the manner indicated in the Substitution of Schedule hereto.
SCHEDULE
"Unified Exchange" for "recognized stock
[s. 11.] exchange”.
SUBSTITUTION OF "UNIFIED EXCHANGE" FOR "RECOGNIZED STOCK EXCHANGE"
Provision amended
Section 38(5)(b)
Section 71A(3)
Section 71A(4)(a)
Section 71A(5)
Section 71A(8)
Section 71A(12) (in the definition of "company") Section 114A(2)(a)
Section 153(2)
Section 154A(3)
Section 155A(1)(a)
Section 157H(1) (in the definition of "company") Section 157H(9)(a)
Section 342(5)(b)
Deletion
"a recognized stock exchange in Hong Kong"
Substitution
"the Unified Exchange"
"a recognized stock exchange"
"the Unified Exchange"
"each recognized stock exchange"
"the Unified Exchange"
"Every recognized stock exchange" "each recognized stock exchange"
"The Unified Exchange"
"the Unified Exchange"
"the Unified Exchange"
"a recognized stock exchange"
"a recognized stock exchange"
"the Unified Exchange"
"a recognized stock exchange" "a recognized stock exchange"
"the Unified Exchange"
"the Unified Exchange"
"the Unified Exchange"
"the Unified Exchange"
"a recognized stock exchange" "a recognized stock exchange"
"a recognized stock exchange"
"a recognized stock exchange in Hong Kong"
"the Unified Exchange"
"the Unified Exchange"
Schedule.