531

"The registrar of companies," or, when used in relation to registration of companies, "the registrar," means the registrar or other officer performing under this Ordinance the duty of registration of companies;

"The court" used in relation to a company means

the Supreme Court of Hongkong and includes the Chief Justice and the Puisne Judge sitting separately in Court or in Chambers;

,

The Full Court means the Chief Justice and the Puisne Judge of the Supreme Court, sitting together in Court or in Chambers;

19

"General rules means general rules made under

this Ordinance, and includes forms; “Prescribed" means, as respects the provisions of this Ordinance relating to the winding-up of companies, prescribed by general rules, and as respects the other provisions of this Ordinance, prescribed by the Governor, or the Governor- in-Council;

Director' includes any person occupying the

position of director by whatever name called; “Prospectus” means any prospectus, notice, circular, advertisement, or other invitation, offering to the public for subscription or purchase any shares or debentures of a company;

Solicitor" has the same meaning as in the Legal

Practitioners Ordinance, 1871.

Repeal of Ordinances and Transitional Provisions.

262. The following Ordinances are hereby repealed: Repeal of The Companies Ordinance, 1865, The Companies (Registra- Ordinances

and tion) Ordinance, 1866, The Companies (Sale of Shares)

savings. Ordinance, 1891, The Companies (Local Registers) Ordin- 8 Edw. 7 c. ance, 1907, The Foreign Corporations Land Ordinance, 69 s. 286. 1908, The Companies Amendment Ordinance, 1908, and The Companies (Local Registers) Amendment Ordinance, 1909.

Provided that the repeal shall not affect-

(a) The incorporation of any company registered under any enactment hereby repealed; nor (b) Table A in the First Schedule annexed to the Companies Ordinance, 1865, or any part thereof (either as originally contained in that Schedule or as altered in pursuance of section one hundred and nineteen of that Ordinance) so far as the same applies to any company existing at the commencement of this Ordinance; nor

(e) The rights which have been acquired by any foreign corporation under the Foreign Corpora-

tions Land Ordinance, 1908.

263. The provisions of this Ordinance with respect to saving of windig up shall not apply to any company of which the pending pro- winding up has commenced before the commencement of ceedings for winding up. this Ordinance, but every such company shall be wound up 1, s. 287. in the same manner and with the same incidents as if this Ordinance had not passed, and, for the purposes of the winding up, the Ordinance or Ordinances under which the winding up commenced shall be deemed to remain in full force.

264. Every conveyance, mortgage, or other deed, made Saving of before the commencement of this Ordinance in pursuance deeds.

Ib. s. 288, of any enactment hereby repealed, shall be of the same force as if this Ordinance had not passed, and for the purposes of that deed the repealed enactment shall be deemed to remain in full force.

265.-(1) The office existing at the commencement of Former re- this Ordinance for registration of companies shall be gistration continued as if it had been established under this Ordin- offices, regis-

ters, official receivers, &c.

ance.

74. s. 289.

(2) Registers of companies kept in such existing office continued. shall respectively be deemed part of the registers of com- panies to be kept under this Ordinance.

Share This Page