1984 Ed.]
Companies
[CAP. 32
21
"Registrar" means the Registrar of Companies appointed under section 303; (Replaced, 6 of 1984, s. 2)
"resolution for reducing share capital" has the meaning assigned to it by section 58(2); (Added, 6 of 1984, s. 2)
"a resolution for voluntary winding up" has the meaning assigned to it by section 228(2); (Added, 6 of 1984, s. 2)
"share" means share in the share capital of a company, and includes stock except where a distinction between stock and shares is expressed or implied;
"share warrant" has the meaning assigned to it by section 73; (Added, 6 of 1984, s. 2)
"Table A" means Table A in the First Schedule;
"the time of the opening of the subscription lists" has the meaning assigned to it by section 44A(1); (Added, 6 of 1984, s. 2)
"unlimited company" has the meaning assigned to it by section 4(2). (Added, 6 of 1984, s. 2)
(Amended, 1 of 1949, s. 22)
(2) A person shall not be deemed to be within the meaning of any provision in this Ordinance a person in accordance with whose directions or instructions the directors of a company are accustomed to act, by reason only that the directors of the company act on advice given by him in a professional capacity.
(3) References in this Ordinance to a body corporate or to a corporation shall be construed as not including a corporation sole but as including a company incorporated outside Hong Kong. (Added, 80 of 1974, s. 2)
(4) For the purposes of this Ordinance, a company shall, subject to the provisions of subsection (6), be deemed to be a subsidiary of another company, if—
(a) that other company—
(i) controls the composition of the board of directors of the first-mentioned company; or (Amended, 6 of 1984, s. 2)
(ii) controls more than half of the voting power of the first-mentioned company; or
(iii) holds more than half of the issued share capital of the first-mentioned company (excluding any part of it which carries no right to participate beyond a specified amount in a distribution of either profits or capital); or
(b) the first-mentioned company is a subsidiary of any company which is that other company's subsidiary. (Added, 80 of 1974, s. 2)