THE HONGKONG GÖVERNMENT GAZETTE, DECEMBER 15, 1911. 641
93. A judge of the Court, on being satisfied that Rectification
of register the omission to register a mortgage or charge within the of mortgages. time hereiubefore required, or that the omission or misstate- 8 Edw. 7 c. ment of any particular with respect to any such mortgage or 69 s. 96. charge, was accidental, or due to inadvertence or to some other sufficient canse, or is not of a nature to prejudice the position of creditors or shareholders of the company, or that on other grounds it is just and equitable to grant relief, may, on the application of the company or any person interested, and on such terms and conditions as seem to the judge just and expedient, order that the time for registration be extended, or, as the case may be, that the omission or misstatement be rectified.
99. The registrar of companies may, on evidence being given to his satisfaction that the debt for which any registered mortgage or charge was given has been paid or satisfied, order that a memorandum of satisfaction be entered on the register, and shall if required furnish the company with a copy thereof.
Entry of b. s. 97.
satisfaction.
100. The registrar of companies shall keep a chronolo- Index to gical index, in the prescribed form and with the prescribed register of particulars, of the mortgages or charges registered with and charges.
him under this Ordinance.
mortgages
Ib. s. 98.
101.-(1) If any company makes default in sending to Penalties. the registrar of companies for registration the particulars of 15. s. 99. any mortgage or charge created by the company, and of the issues of debentures of a series, requiring registration with the registrar under the foregoing provisions of this Ordin- ance, then, unless the registration has been effected on the application of some other person, the company, and every director, manager, secretary, or other person who is know- ingly a party to the default, shall on conviction be liable to a fine not exceeding five hundred dollars for every day during which the default continues.
(2) Subject as aforesaid, if any company makes default in complying with any of the requirements of this Ordin- ance as to the registration with the registrar of any mort- gage or charge created by the company, the company and every director, manager, and other officer of the company, who kuowingly and wilfully authorised or permitted the default shall, without prejudice to any other liability, be liable on summary conviction to a fine not exceeding one thousand dollars.
(3) If any person knowingly and wilfully authorises or permits the delivery of any debenture or certificate of de- benture stock repiring registration with the registrar under the foregoing provisions of this Ordinance without a copy of the certificate of registration being endorsed upon it, be shall, without prejudice to any other Kability, be liable on summary conviction to a fine not exceeding one thousand dollars.
102-(1) Every limited company shall keep at its registered office a register of mortgages and enter therein all mortgages and charges specifically affecting property of the company, giving in each case a short description of the property mortgaged or charged, the amount of the mortgage or charge, and (except in the case of securities to bearer) the names of the mortgagees or persons entitled thereto.
(2) If any director or other officer of the company know- ingly and wilfully authorises or permits the omission of any entry required to be made in pursuance of this section, he shall be liable to a fine not exceeding five hundred dollars.
Company A register of mortgages.
17, s. 100.
103 -(1). The copies of instruments creating any mort- Right to gage or charge requiring registration under this Ordinance inspect with the registrar of companies, and the register of mort- copies of gazes kept in pursuance of the last foregoing section, shall instruments
creating be open at all reasonable times to the inspection of the mortgages registrar of companies or of any creditor or member of the and charges company without fee, and the register of mortgages shall and com also be open to the inspection of any other person on pany's
register of payment of such fee, not exceeding fifty cents for each
mortgages. inspection, as the company may prescribo.
b. s. 101.