TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 140

A370

Ord. No. 56/84

BUSINESS REGISTRATION (AMENDMENT)

(b) by deleting subsection (3) and substituting the following-

(56 of 1984.)

Amendment of

5.

section 6.

Repeal and

replacement of section 7.

"(3) (a) Subject to paragraph (b), every person carrying on business at a branch of a business to which subsection (1) applies shall notify the Commissioner in writing.

(b) Paragraph (a) shall, in the case of a branch of a business in respect of which a valid business registration certificate had been issued before the date of the coming into operation of the Business Registration (Amendment) Ordinance 1984, apply only upon the expiry of that valid business registration certificate.

(4) Notification under subsection (3) shall be made within 1 month of the commencement of business at a branch or the date on which subsection (3) begins to apply to such branch whichever is the later:

Provided that the Commissioner may extend such period if he thinks fit.".

Section 6 of the principal Ordinance is amended—

(a) in subsection (1) by deleting “section 5" and substituting the following--

"section 5(1)";

(b) by inserting after subsection (1) the following-

"(IA) Upon notice being given under section 5(3) the Commis- sioner shall register each branch in the manner prescribed.";

(c) in subsection (3)—–

(i) by deleting "prescribed fee" and substituting the following-

"prescribed business registration fee and levy”;

(ii) by deleting the colon after "each business" and substituting a full

stop;

(iii) by deleting the proviso;

(d) by inserting after subsection (3) the following-

"(3A) Upon payment of the prescribed branch registration fee and the levy under section 7 or under an order of a magistrate made under section 15 the Commissioner shall issue a branch registration certificate in respect of the branch.";

(e) in subsection (5)-—

(i) by inserting after "certificate" where it first occurs the following-- "and a branch registration certificate";

(ii) by deleting “for the period of 12 months from the date of commence- ment" and substituting the following--

"until the expiry date";

(iii) by deleting paragraphs (a) and (b) and substituting the following-

"(a) the prescribed business registration fee or the prescribed branch registration fee, as the case may be, and the levy have been paid; or

(b) in the case of a business registration certificate, no fee is payable."; (/) in subsection (6) by inserting after "certificate" where it first occurs the

following---

"or a branch registration certificate".

6. Section 7 of the principal Ordinance is repealed and replaced by the following-

BUSINESS REGISTRATION (AMENDMENT)

"Payment of fees.

7.

person-

Schedule.

Ord. No. 56/84

A371

(1) The Commissioner may by notice call upon any

(a) carrying on business in respect of which he is not in possession of a valid business registration certificate in respect of such business to pay the fee prescribed in item 1 of the Schedule and the levy;

(b) carrying on business at a branch in respect of which he is not in possession of a valid branch registration certificate to pay the fee prescribed in item 5 of the Schedule and the levy. (2) Every person to whom a notice under subsection (1) is addressed shall comply with that notice on or before the date specified therein, and where no such notice is received within 1 month of the expiry of—

(a) a business registration certificate issued in respect of a

business:

(b) a branch registration certificate issued in respect of a

business carried on at a branch,

every person carrying on such business shall so notify the Commis- sioner.".

7. Section 8 of the principal Ordinance is amended by inserting at the end the Amendment of following-

"(5) In this section references to a business include references to a branch of that business.".

8. Section 9 of the principal Ordinance is amended-

(a) in subsection (1) by deleting "prescribed fee" and substituting the

following-

"prescribed business registration fee and levy";

(b) in subsection (4)—

9.

(i) by deleting "prescribed fee" and substituting the following-

"prescribed business registration fee and levy";

(ii) by deleting "fee has been paid such fee" and substituting the following-

"prescribed business registration fee and levy have been paid such fee and levy".

section 8.

Amendment of

section 9.

Section 10(1) of the principal Ordinance is amended by deleting Amendment paragraph (b).

of section 10.

10. Section 1 of the principal Ordinance is amended-

(a) in subsection (1)—

(i) by deleting "prescribed fee has" and substituting the following-

"prescribed business registration fee or prescribed branch registration fee, as the case may be, and levy have”;

(ii) by deleting “its";

(iii) by inserting after "the fee" the following-

"and levy";

(b) in subsection (3) by inserting after "fee" wherever it occurs the following

Amendment of section 11.

"or levy".

11. Section 12 of the principal Ordinance is repealed and replaced by the Repeal and following-

replacement of

section 12.