THE HONGKONG GOVERNMENT GAZETTE, 8TH OCTOBER, 1864.
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LIV. Where Articles of Association have been registered, a Copy of every Special Copies of Special Resolution for the time being in force shall be annexed to or embodied in every Copy Resolutions. of the Articles of Association that may be issued after, the passing of such Resolution: where no Articles of Association have been registered, a Copy of any Special Resolution shall be forwarded in print to any Member requesting the same on Payment of One Dollar, or such less Sum as the Company may direct: and if any Company makes default in complying with the Provisions of this Section it shall incur a Penalty not exceeding Twenty-five Dollars for each Copy in respect of which such default is made; and every Director and Manager of the Company who shall knowingly and wilfully authorize or permit such Default shall incur the like Penalty.
abroad.
LV. Any Company under this Ordinance may, by Instrument in writing under Execution of Deeds its Common Seal, empower any Person, either generally or in respect of any specified Matters, as its Attorney, to execute Deeds on its behalf in any Place not situate in this Colony; and every Deed signed by such Attorney, on behalf of the Company, and under his Seal, shall be binding on the Company, and have the same effect as if it were under the Common Seal of the Company.
tairs of Company by Inspectors,
LVI. His Excellency the Governor may by Order to be testified by writing under Examination of Af- the Hand of the Colonial Secretary appoint one or more competent Inspectors to examine into the Affairs of any Company under this Ordinance, and to report thereon, in such manner as His Excellency may by Writing under the Hand of the Colonial Secretary direct, upon the applications following; (that is to say),
(1.) In the case of a Banking Company that has a Capital divided into Shares, upon the application of Members holding not less than One-third part of the whole Shares of the Company for the time being issued:
(2.) In the case of any other Company that has a Capital divided into Shares, upon the application of Members holding not less than One-fifth part of the whole Shares of the Company for the time being issued:
(3.) In the case of any Campany not having a Capital divided into Shares, upon the application of Members being in Number not less than One-fifth of the whole Number of Persons for the time being entered on the Register of the Company as Members.
ported by Evidence.
LVII. The Application shall be supported by such Evidence as His Excellency Application for in- the Governor may require for the purpose of showing that the Applicants have good spection to be sup- reason for requiring such Investigation to be made, and that they are not actuated by' malicious Motives in instituting the same; His Excellency the Governor may also require the Applicants to give Security for Payment of the Costs of the Inquiry before appointing any Inspector or Inspectors.
LVIII. It shall be the duty of all Officers and Agents of the Company to produce Inspection of Book". for the Examination of the Inspectors all Books and Documents in their Custody or Power: any Inspector may examine upon Oath the Officers and Agents of the Company in Relation to its Business, and may administer such Oath accordingly: if any Officer or Agent refuses to produce any Book or Document hereby directed to be produced, or to answer any question relating to the Affairs of the Company, he shall incur a Penalty not exceeding Fifty Dollars in respect of each Offence.
LIX. Upon the conclusion of the Examination the Inspectors shall report their Result of Examina- Opinion to the Colonial Secretary: such Report shall be written or printed, as the tion how dealt with. Colonial Secretary directs: a Copy shall be forwarded by the Colonial Secretary to the registered Office of the Company, and a further Copy shall, at the request of the Members upon whose application the Inspection was made, be delivered to them or to any one or more of them: all expenses of and incidental to
any such Examination as aforesaid shall be defrayed by the Members upon whose application the Inspectors were appointed, unless His Excellency shall by Order to be testified as aforesaid direct the same to be paid out of the Assets of the Company, which he is hereby authorized to
do.
LX. Any Company under this Ordinance may by Special Resolution appoint Power of Company Inspectors for the purpose of examining into the Affairs of the Company: the Inspectors to appoint Inspectors. so appointed shall have the same Powers and perform the same Duties as Inspectors appointed by His Excellency the Governor, with this exception, that, instead of making their Report to His Excellency the Governor, they shall make the same in such manner