2
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3
Compliance obligatory after notification by the Governor.
Application
of Part II.
1940 No.
1213.
registered or head office was established clse- where pursuant to the modifications of the Companies Ordinance, 1932, set out in the Schedule to the Defence (Companies Tempor- ary Transfer of Registered or Head Office) Regulations, 1941;
(b) the provisions of any other Ordinance relating to any other company shall apply to such company but without such modifications (if any) as the Governor may have directed pur- suant to the provisions of Regulation 5 (b) of the Defence (Companies Temporary Transfer of Registered or Head Office) Regulations, 1941, but without prejudice to the validity of any act or thing done pursuant to such modi- fications whilst the company's registered or head office was established elsewhere.
7. It shall be competent for the Governor at any time. to specify by notification in the Gazette a date within six months of which every company coming within this part of this Ordinance shall, unless exempted from compliance by the Governor, comply with the provisions of this part of this Ordinance and any company which is required to comply with the provisions of this part of this Ordinance by virtue of such notification and the provisions of this section and which fails so to comply shall cease to exist as a company at the end of the aforesaid period of six months and shall thereupon be deemed to have been dissolved.
PART II.
8. This part of this Ordinance shall apply to any company registered under the principal Ordinance which, prior to the 25th December, 1941, had a registered office in the Colony or was prior to such date incorporated under any other Ordinance of the Colony and which in either case, S. R. & 0. pursuant to the provisions of the Defence (Companies) Regulations, 1940, of the United Kingdom or pursuant to any laws or regulations in force in any other territory within the dominions of His Majesty, became after the 25th Decem- ber, 1941, registered as a company either in the United Kingdom or some other territory as aforesaid under the law or regulations for the time being in force in such place relating to companies and which has not been wound-up or is not in the process of being wound-up.
Re-rgis tration of a
Hong Kong Company.
9.
(1) The Governor on being satisfied-
(a) that a resolution of the Board of Directors has been passed authorising the re-regis- tration of any company to which this Part of this Ordinance applies as a Company under the principal Ordinance or its re- establishment as a Company incorporated under any other Ordinance of the Colony, and either
(b) that provision has been made or will be made whereby upon re-registration of the company as a company under the principal Ordinance or upon re-establishment as a
!
company incorporated under any other Ordinance of the Colony that the company will cease to be registered under the laws or regulations relating to companies having effect in any other part of the dominions of His Majesty, or
(c) that the company has been served with a notice by the appropriate authority in such other part of the dominions of His Majesty that such company shall cease to be so registered at the expiration of such period as is specified in such notice,
may by order direct that the company shall be re-registered as a company under the principal Ordinance or in the case of a company incorporated under any Ordinance of the Colony other than the principal Ordinance order that the company be re-established as a company incorporated under such Ordinance.
(2) In any case coming under paragraph (b) of sub- section (1) of this section such order of the Governor shall in the case of provision already having been made for the com- pany to cease to be registered elsewhere in the dominions of His Majesty upon re-registration or re-establishment in Hong Kong, take effect as from the date upon which such order of the Governor is made and in any case in which no such provision has been made at the date of the order such order shall take effect as from the making of the requisite provision elsewhere in the dominions of His Majesty.
(8) In any case coming under paragraph (c) of sub- section (1) of this section, such order shall take effect from the date upon which the said company ceases to be registered in such other part of the dominions of His Majesty unless in the meantime such notice shall have been rescinded or withdrawn and provision made in manner mentioned in paragraph (6) of sub-section (1) of this section in which case the order of the Governor shall take effect in manner provided for in sub-section (2) of this section.
(4) Except in so far as any order made by the Governor pursuant to the provisions of this section specifies to the contrary, any modification, adaptation or exclusion of any of the provisions of the Memorandum and Articles of the company effected by any order regulation or enactment made in any place within the dominions of His Majesty other than Hong Kong in which the company was or has been for the time being registered (and not being an amendment of the Articles of the company effected by a special resolution of the company) shall, upon the order of the Governor being made pursuant to the provisions of sub-section (1) of this section, be rescinded and revoked to the intent that the Memorandum and Articles of the company shall be restored (with the exception aforesaid) to their former state imme- diately prior to the registration of the company in such other part of His Majesty's dominions.
(5) Any order of the Governor re-registering or re- establishing any company pursuant to this section, may, if the Governor thinks fit, in relation to the company to which
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