TNAG-1645-FCO40-2292-Company-law-reform-in-Hong-Kong-Companies-(Amendment)-(No.-2-1987 — Page 8

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A number of other issues have been considered by the Standing Committee during the course of the year. Among these were the power, responsibility and liability of non-executive directors, one man private companies, the doctrine of ultra vires, insolvency law and practice and most significant of all, the subject of insider dealing. A full report on the Standing Committee's deliberations оп insider dealing was submitted to the Financial Secretary on 16 March 1987 and is under consideration by the Administration. Decisions on the other subjects have been deferred pending further information or comment.

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Members may wish to note that the Standing Committee has also made recommendations on amendments to section 79 and 265 of the Ordinance in connection with floating charges and to sections 146 and 147 relating to the reports of inspectors appointed by the Financial Secretary under sections 142 and 143. These recommendations have been accepted by the Government and the Companies (Amendment) Ordinance 1987 giving effect to these recommendations was enacted on 19 February 1987.

Implementation

31 and

enactment

in the First, in the First, Second Committee have been of the Companies legislative proposals

A few of the recommendations Third Reports of the Standing implemented through the (Amendment) Ordinance 1987. Specific arising from the other recommendations contained in these Reports will be submitted

submitted for Members'

for Members' consideration in due

course.

Publication

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It is proposed to

to publish the Third Report and invite the public to

to comment without any commitment by the Government to implement the recommendations.

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Members are requested to note the contents of this

memorandum and the annexed Report.

19 February 1987

(L/M MAB C11/10 II)

COUNCIL CHAMBER

T

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