92
Right to inspect copies of instruments creating
mortgages and charges and
company's
register of charges.
1929 c. 23, s. 89.
Application of Part III to
company incorporated
outside Hong Kong.
[cf. 1948 c. 38, s. 106.]
CAP. 32]
Companies
[1984 Ed.
90. (1) The copies of instruments creating any charge requir-ing registration under this Part with the Registrar, and the register of charges kept in pursuance of section 89, shall be open during business hours (but subject to such reasonable restrictions as the company in general meeting may impose, so that not less than 2 hours in each day shall be allowed for inspection) to the inspection of any creditor or member of the company without fee, and the register of charges shall also be open to the inspection of any other person on payment of such fee, not exceeding $2 for each inspection, as the company may prescribe. (Amended, 49 of 1975, s. 3)
(2) If inspection of the said copies or register is refused—
(a) every officer of the company who is in default shall be liable to a fine of $200 for every day during which the refusal continues;
(b) without prejudice to any proceedings under paragraph (a), the court may by order compel an immediate inspection of the copies or register. (Replaced, 6 of 1984, s. 54)
(3) [Deleted, 6 of 1984, s. 54]
Application of Part III to Companies incorporated outside Hong Kong
91. (1) This Part shall extend to charges on property in Hong Kong which are created, and to charges on property in Hong Kong which is acquired, by a company (whether a company within the meaning of this Ordinance or not) incorporated outside Hong Kong which has a place of business in Hong Kong.
(2) In the application of sections 88 and 89 to a company referred to in subsection (1)—
(a) references in those sections to the registered office of a company shall be construed as references to the principal place of business of the company in Hong Kong,
(b) references in section 89 to charges shall be construed as references to charges of any kind mentioned in subsection (1).
(3) Where a company (whether a company within the meaning of this Ordinance or not) incorporated outside Hong Kong has, when it establishes a place of business in Hong Kong, property in Hong Kong which is subject to a charge created by the company or subsisting when the property was acquired, being a charge of any such kind as would, if it had been created by the company or the property had been acquired after the establishment of that place of business, have been required to be registered under this Part, the company shall, within 5 weeks after the date on which it establishes
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