1972-HKRS28-16-20_Part02 — Page 14

Suriking off of companies failing to

comply with section T.

(Cap. 14)

Liability of directors.

managers, etc.. onder sections 3 and 4.

8.

(1) If a registered company-

(a) fails to comply with section 7; or

(6) having taken action under paragraph (b) or (c) of section 701), fails to proceed expeditiously in the opinion of the Registrar to complete its winding-up.

the company shall be deemed, for the purposes of section 291 of the Companies Ordinance, to have ceased to carry on business-

(2) Where a company is deemed under subsection (1) to have ceased to carry on business, the Registrar may, without complying with section 291(1) and (2) of the Companies Ordinance but after complying with section 291(3) of that Ordinance, strike the name of the company off the register under section 291(6) of that Ordinance.

(3) Save as provided in subsections (1) and (2), nothing in this section shall affect the application of the Companies Ordin- ance or the procedure prescribed thereby.

9. (1) If an offence under this Ordinance has been com- mited by a body of persons, whether corporate or unincor- porate, any person who was, at the time of the offence, a director. partner, member, manager, secretary or principal officer of or employed by such body, or who was purporting to act in any such capacity, shall be guilty of a like offence.

(2) Where any person referred to in subsection (1) is chargod with an offence under this Ordinance, it shall be a defence for him to prove that the offence was committed without his consent or connivance, and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and to all other circumstances.

(3) Where the agent or servant of a person (hereinafter referred to in this section as "the principal") does or omits to do anything which, if done or omitted to be done by the principal, would constitute an offence under this Ordinance, then the agent or servant and the principal shall be deemed to have committed an offence and shall be liable to be proceeded against and punished accordingly.

(4) Where the principal is charged with an offence under this Ordinance, it shall be a defence for him to prove-

(a) that he did not ratify the act or omission complained

of; and

5

(b) that the act or omission was not within the ordinary

scope of the employment of the agent or servant,

but it shall be no defence that he had no knowledge of the act or omission.

10. Nothing in this Ordinance shall prejudice the enforcement by any person of any right or claim against any person ceasing to carry on business or to operate chit-funds, by viture of this Ordinance.

SCHEDULE

FORM

CHITT-FUND BUSINESSES (PROHIBITION) Ordinanca 1972

(Particulars of chit-fund in operation at 1st December 1971)

Name and address of operator

Name or number of other means of identifying the chit-fund

Names and addresses

of participants

Amount of monthly or

other periodical subscriptions

Date of first subscription

Duration of chit-

fund and date of final subscriplion

(not later than 31st December 1973)

Number of other

chil-funds operated by operator on

1st December 1971

197

[, [[1h.]

2.

3.

NANOCOMPON+++

etc.

JAYANAMK

Signature.

(To be signed by the sole proprietor or a partner of a business, or by a director or the secretary of a company).

Saving of rights and

claims.