1970-HKRS29-8-37_Part04 — Page 21

Liability of OWNCIS OP winding up.

Penalty for im- proper use of "Incorporated

Owners".

False statement

or information.

Saving for resolutions passed at meetings,

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the provisions of that Ordinance relating to the winding up

of unregistered company shall, in so far as they are applicable, apply to the winding up of a corporation,

(2) In applying the provisions of the Companies Ordinance under subsection (1)—–—

(a) a reference to a director of a company shall be deemed to be a reference to a member of a management com- mmittee: and

(b) a reference to a member of a company shall be deemed

to be a reference to an owner.

34. In the winding up of a corporation under section 33, the owners shall be liable to contribute, according to their respective shares, to the assets of the corporation to an amount sufficient to discharge its debts and liabilities.

PART VII.

MISCELLANEOUS.

35. Any person who, not being a corporation incorporated under this Ordinance, uses a name or title containing the words "Incorporated Owners" or the Chinese characters therefor, or other words or Chinese characters implying that such person is a por- poration incorporated under this Ordinance, shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars.

36. Any person who-

(a)

in any form required by this Ordinance, or in any notice or document given, issued or made for the purposes of this Ordinance, makes any statement or furnishes any information; or

(6) furnishes any information required to be furnished under

this Ordinance.

which he knows, or reasonably ought to know, to be false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprison- ment for six months.

37. A resolution passed at any meeting convened under this Ordinance shall not be invalid by reason only of the omission to give notice of the meeting to any person entitled to such notice.

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38. (1) The secretary of a management committee shall maintain a register, in which each flat in the building concerned shall be separately identified, and shall enter therein the following particulars with reference to each flat-

(a) the name and address of the owner; and

(b) the name and address of the registered mortgagee (if any).

(2) For the purposes of subsection (1)—

(a) the address of an owner shall be the address of the fat

which he owns; and

(b) the address of a registered mortgagee shall be his address

appearing in the registered mortgage.

unless the owner or registered mortgagee notifies the secretary of the management committee in writing of some other address.

(3) Every person who becomes an owner or a registered mortgagee of a flat shall forthwith give notice thereof to the secretary of the management committee, who shall amend the register accordingly.

Secretary to maintain register.

(4) The register kept under subsection (1) shall, subject to any resolution of the corporation at a meeting convened under paragraph 1 of the Third Schedule, be open to inspection only Tabrd Schedule, by an owner and a registered mortgagee of a flat in the building concerned.

39. An owner's share shall be determined-

Determination of owner's

(2) in the manner provided in an instrument which is regis- shares.

tered in the Land Office; or

(b) if there is no such provision, then in the proportion which his undivided share in the building bears to the total number of shares into which the building is divided.

40. (1) A member of a management committee and any other person authorized in that behalf by the management com- mittee may, on reasonable notice to the occupier thereof, enter a dat at any reasonable time for the purpose of

(a) inspecting, repairing, maintaining or renewing-

(1) any common parts in the flat; or

(fi) any other property in the flat the condition of which does or may affect adversely the common parts or other owners:

(b) abating any hazard or nuisance which does or may adversely affect the common parts or other owners.

Powers of entry and inspection.