193569-1932-Supplementary-Bill-read-a-first-time--Companies — Page 131

1392

Penalty for false state- ment.

19 & 20 Geo. 5, c. 23,

s. 362.

Ordinance No. 21 of 1922.

Penalty for improper use of word "Limited.

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19 & 20 Geo. 5, c. 23, s. 364

Provision

to default fines and meaning of "officer in default."

(2) The fact of the said annual return and statement having been duly forwarded may be proved in any legal proceedings by the certificate of the registrar.

Miscellaneous Offences.

335. If any person in any return, report, certificate, balance sheet, or other document, required by or for the purposes of any of the provisions of this Ordinance specified in the Tenth Schedule hereto, wilfully makes a statement false in any material particular, knowing it to be false, he shall be guilty of a misdemeanor, and shall be liable on summary con- viction to imprisonment for a term not exceeding four months, and to a fine in lieu of or in addition to such imprisonment not exceeding one thousand dollars.

Provided that nothing in this section shall affect the provisions of the Perjury Ordinance, 1922.

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336. If any person or persons trade or carry on business under any name or title of which Limited," or any contraction or imitation of that word, is the last word, or under any name or title of which the Chinese characters A form part, that person or those persons shall, unless duly incorporated with limited liability, be liable to a fine not exceeding fifty dollars for every day upon which that name or title has been used.

General Provisions as to Offences.

337.-(1) Where by any enactment in this Ordin- with respect ance it is provided that a company and every officer of the company who is in default shall be liable to a default fine, the company and every such officer shall, for every day during which the default, refusal or contravention continues, be liable to a fine not ex- ceeding such amount as is specified in the said enact- ment, or, if the amount of the fine is not so specified, to a fine not exceeding fifty dollars,

19 & 20 Geo. 5, c. 23, s. 365.

Prosecution

of offences punishable by fine. 19 & 20 Geo. 5, c. 23,

s. 366.

Application of fines.

19 & 20 Geo.

5, c. 23, s. 367.

Penalty for failure to pay fine.

(2) For the purpose of any enactment in this Ordinance which provides that an officer of a company who is in default shall be liable to a fine or penalty, the expression "officer who is in default" means any director, manager, secretary or other officer of the company, who knowingly and wilfully authorises or permits the default, refusal or contravention men- tioned in the enactment.

338. All offences under this Ordinance made punishable by any fine may be prosecuted under the Magistrates Ordinance 1890 or any Ordinance amend- ing or substituted for the same.

339. The court or magistrate imposing any fine un- der this Ordinance may direct that the whole or any part thereof shall be applied in or towards payment of the costs of the proceedings, or in or towards rewarding the person on whose information or at whose suit the fine is recovered, and subject to any such direction all fines under this Ordinance shall, not- withstanding anything in any other Ordinance, be paid into the Treasury.

340.-(1) If any company fails to pay the whole of any part of any fine or penalty imposed by a court or magistrate under this Ordinance within one month of the day on which the said fine or penalty was imposed, the registrar of companies shall publish in the Gazette and send to the company by post a notice that at the expiration of two months from the date* of such notice the name of the company mentioned