352
353
"
for High Court
under this Act"
Power to
enforce
orders.
19 & 20 Geo
5, c. 23,
4. 375.
for "Board of Frade" Power to
for "Tenth" "for" "Act"
for
Tenth
for "Act"
London omitted.
for "Act"
addadi
alter tables and forms. 19 & 20 Geo. 5, c. 23, 8 379.
134
circumstances of the case, including those connected with his appointment, he ought fairly to be excused for the negligence, default, breach of duty or breach of trust, that court may relieve him, either wholly or partly, from his liability on such terms as the court may think fit.
(2) Where any person to whom this section applies has reason to apprehend that any claim will or might be made against him in respect of any negligence, default, breach of duty or breach of trust, he may apply to the court for relief, and the court on any such application shall have the same power to
relieve him as under this section it would have had if it had been a court before which proceedings against that person for negligence, default, breach of duty or breach of trust had been brought
(3) Where any case to which subsection (1) of this section applies is being tried by a judge with a jury, the judge, after hearing the evidence, may, if he is satisfied that the defendant ought in pursuance of that subsection to be relieved either in whole or in part from the liability sought to be enforced against him, withdraw the case in whole or in part from the jury and forthwith direct judgment to be entered for the defendant on such terms as to costs or otherwise as the judge may think proper.
(4) The persons to whom this section applies are
the following:-
(a) directors of a company:
(6) managers of a company
(c) officers of a company
(d) persons employed by a company as auditors, whether they are or are not officers of the company.
346. Orders made by the court under this Ordin ance may be enforced and shall be subject to appeal in the same manner és orders made in an action pending therein.
General Provisions as to alteration of Tables, forms and fees.
347. (1) The Governor in Council may alter Table A, the form in the Seventh Schedule and the table of fees in the Ninth Schedule to this Ordinance. so that such alteration does not increase the amount of fees payable to the registrar under the said Ninth Schedule, and may alter or add to Tables B, C, D) and E in the First Schedule, and the forms in the Second and Sixth Schedules to this Ordinance.
(2) Any such Table or form, when altered, shall be published in the Gazette, and thenceforth shall have the same force as if it were included in one of the Schedules to this Ordinance, but no alteration made in Table A shall affect any company registered before the alteration, or repeal, as respects that company. any portion of that Table.
(3) Every order in council made under this section shall be laid on the table of the Tegislative Council at the first meeting thereof held after the publication of such order in council in the Gazette, and if a resolution be passed at the first meeting of the Legislative Council held after such order in council shall have been laid on the table of the said Council resolving that any such order in council shall be rescinded or amended in any manner whatsoever, the said order in council shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution
added
for 305 of this Act"
135
Interpretation 348.-1 in this Ordinance, unless the context Interpreta- otherwise requires, the following expressions have tion.
19 & 20 Geo the meanings hereby assigned to them (that is to
5, c. 23, Baby):-
8 380. Annual return'* means the return required to be 'inade, in the case of a company having a share capital, under section one hundred and seven, and, in the case of a company not having a share capital, under section one hundred and eight, of this Ordinance;
**Articles" means the articles of association of
for "Act"
for "eight"
for "nine" for "Act"
* company, as originally framed or as altered by special resolution, including, so far as they apply to the company, the regulations contained Ordinance for as the case
in Table A in the First Schedule annexed to the No. 1 of Companies Ordinance, 1865, or in that Table
1865.
....1862
"Section..... last mentioned
act
as altered in pursuance of powers given under. that Ordinance, or in Table A in the Firet Schedule to the Companies Ordinance, 1911, Ordinance.
or in that Table as altered in pursuance of No. 58 of for "Consolidation Act,
section one hundred and seventeen of the last mentioned Ordinance, or in Table A in the First Schedule to this Ordinancə,
"Book and paper" and "book or paper" include
accounts, deeds, writings, and documents: "Company" means a company formed and regis- tered under this Ordinance or an existing com- pany: "Existing company" means a company formed and registered under the Companies Ordinance, 1865, or the Companies Ordinance, 1911,. "China company" means a company as defined by this section the operations of which are directed and controlled from a place within the limits of the China Orders in Council.
"China Orders in Council means the China Order in Council, 1925, and ɑny Orders amending, read with, auxiliary to or substituted for the
sale.
"The court" used in relation to a company means the court having jurisdiction to wind up the company;
"Debenture" includes debenture stock, bonds and
any other securities of a company whether constituting a charge on the assets of the com pany or not;
"Director" includes any
J
person occupying the position of director by whatever name called; "Document" includes summons, notice, order, and
other legal process, and registers: "General rules" means general rules made under section two hundred and eighty-two of this Ordinance, and includes formes ; "Hong Kong China company means a company as defined by this section, which carries on some part of its business within the limits of the China Orders in Council and the operations of which are directed and controlled from some place in this Colony, "Memorandum'' means the memorandum of asso- ciation of a company, as originally framed or as altered in pursuance of any enactment: “Minister" means His Majesty's Minister in China, and includes Chargé d'affaires or other chief
diplomatic representative;
"Prescribed" means as respects the provisions of this Ordinance relating to the winding-up of companies, prescribed by general rules, and as respects the other provisions of this Ordinance, prescribed by the Governor in Council: "Prospectus" means any prospectus, notices, cir
cular, advertisement, or other invitation, offer- ing to the public for subscription or purchase any shares or debentures of a company:
1911.
1908".
for eighteen "for "Act"
do.
for "lect"
for "Joint Free State"
added.
Definitions relating to Stannaries omitted.
•Definition of Gazette omitted. Sea Interfanitation Ordinance No.31
of 1911, 8.39(4).
added.
Definition of Joint Stock Companies
Acts omitted.
for "Act"
do
for "Board of Loads","