1974-HKRS28-16-22_Part06 — Page 15

Repeal and replacement

of section 336.

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15. Section 336 of the principal Ordinance is repealed and the following new section substituted therefor

*Accounts of company to which Part XI applies.

336, (1) Subject to subsection (6), every company to which this Part applies shall, at least once in every calendar year and at intervals of not more than fifteen months, deliver to the Registrar for registration copies, certified in the prescribed man- mer, of

(a) () its balance sheet as at the end of its

last financial year,

(i) its profit and loss account for the said year,

(i) its group accounts, if any, in respect of the said year, and

(iv) its directors' report, if any, in respect of the said year,

all in such form and containing such partic- ulars and including copies of such docu- ments as the company is required to prepare by the law for the time being applicable to the company in the place of its incorpora- tion or origin; and

(b) its auditors' report, if any, on the said

balance sheet and accounts.

(2) The Registrar may, if he is of the opinion that the balance sheet, profit and loss account and documents referred to in subsection (1) do not sufficiently disclose the company's financial position, require the company to deliver to him for registration a balance sheet and profit and loss account within such period, in such form and, subject to subsection (3), containing such particulars and including such documents as he by notice în writing given to the company requires, and the company shall comply with the requirements set out in the notice.

(3) Subsection (2) does not authorize the Regis trar to require a balance sheet or profit and loss account to contain any particulars or include any documents that would not be required to be furnished if the company were a company incorporated under this Ordinance.

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(4) Where a company to which this Part applics is not required by the law of the place of its incor- poration of origin to prepare a balance sheet and profit and loss account, the company shall prepare and deliver to the Registrar for registration-

(a) a balance sheet and profit and loss account within such period, in such form and con- taining such particulars and including such documents as the company would have been required to prepare if it were a company incorporated under this Ordinance, and

(6) a report by qualified auditors on the said balance sheet and profit and loss account. (5) If any balance sheet, profit and loss account, group accounts or document delivered to the Registrar for registration under this section is not written in the English language, there shall be annexed to it a certified translation thereof in English

(6) This section shall not apply to a company which-

(a) if it were incorporated under this Ordin- ance would be a private company within the meaning of section 29, or

(b) in the opinion of the Registrar has sub- stantially the same general characteristics as such a private company,

and which is not required by the law of the place of its incorporation or origin to publish its accounts of to deliver copies to any person in whose office they may be inspected as of right by members of the public.".

16. Section 351 of the principal Ordinance is amended by Amendment inserting after subsection (1) the following new subsection-

of section 351.

"(1A) Where any offence, being an offence for the con- Linuance of which a penalty was provided, has been com- milled under any provisions of this Ordinance which were in force immediately before 1st October 1975 but were on that date replaced by corresponding provisions with or without modification, proceedings may be taken under this. Ordinance in respect of the continuance of the offence after the said