(

1984 Ed.]

Companies

[CAP. 32

135

(6) An auditor of a company who has been removed shall be entitled to attend-

(a) the general meeting at which his term of office would otherwise have expired; and

(b) any general meeting at which it is proposed to fill the vacancy caused by his removal,

and to receive all notices of, and other communications relating to, any such meeting which any member of the company is entitled to receive, and to be heard at any such meeting which he attends on any part of the business of the meeting which concerns him as former auditor of the company.

(Added, 6 of 1984, s. 93)

133. (1) Where a company ("the holding company") has a subsidiary, then--

(a) if the subsidiary is a body corporate incorporated in Hong Kong, it shall be the duty of the subsidiary and its auditors to give to the auditors of the holding company such information and explanation as those auditors may reasonably require for the purposes of their duties as auditors of the holding company;

(b) in any other case, it shall be the duty of the holding company, if required by its auditors to do so, to take all such steps as are reasonably open to it to obtain from the subsidiary such information and explanation as aforesaid.

(2) If a subsidiary or holding company fails to comply with subsection (1) the subsidiary or holding company and every officer thereof who is in default shall be guilty of an offence; and if an auditor fails without reasonable excuse to comply with paragraph (a) of that subsection he shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable to a fine of $5,000:

Powers of auditors in relation to subsidiaries.

1976 c. 69, s. 18.

(Added, 6 of 1984, s. 93)

134. (1) An officer of a company who knowingly or recklessly makes a statement which-

(a) is misleading, false or deceptive in a material particular; and

(b) is a statement to which this section applies,

shall be guilty of an offence and liable

(i) on conviction upon indictment, to a fine of $50,000 and to imprisonment for 2 years;

(ii) on summary conviction, to a fine of $10,000 and to imprisonment for 6 months.

False statements etc. to auditors. 1976 c. 69, s. 19.

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