1950_COMPANIES_ORDINANCE — Page 95

HK Historical Laws 香港歷史法例 All AI Reviewed

Companies.

[CAP. 32

as to undis-

charged acting as 19 & 20 Geo. 5,

bankrupts directors.

c. 23, s. 142.

22 of 1950, s. 3.

141. (1) If any person being an undischarged bankrupt acts as director of, or directly or indirectly takes part in or is concerned in the management of, any company except with the leave of the court by which he was adjudged bankrupt, he shall be guilty of a misdemeanor triable summarily and liable on conviction on indictment to imprisonment for two years, or on summary conviction to imprisonment for six months and to a fine of five thousand dollars:

Provided that a person shall not be guilty of an offence under this section by reason that he, being an undischarged bankrupt, has acted as director of, or taken part or been concerned in the management of, a company, if at the commencement of this Ordinance he was acting as director of, or taking part or being concerned in the management of, that company and has continuously so acted, taken part, or been concerned since that date and the bankruptcy was prior to that date.

(2) The leave of the court for the purpose of this section shall not be given unless notice of intention to apply therefor has been served on the Official Receiver and it shall be the duty of the Official Receiver, if he is of opinion that it is contrary to the public interest that any such application should be granted, to attend on the hearing of and oppose the granting of the application.

(3) In this section the expression company includes an unregistered company and a company incorporated outside the Colony which has an established place of business within the Colony, and the expression Official Receiver means the Official Receiver in Bankruptcy.

Validity of acts of directors.

142. The acts of a director or manager shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualification.

143. (1) Every company shall keep at its registered office a register of its directors or managers containing with respect to each of them the following particulars, that is to say—

(a) in the case of an individual, his present christian name and surname, any former christian name or surname, his usual residential address, his nationality, and, if that nationality is not the nationality

107

ibid. s. 143.

Register of directors.

19 & 20 Geo. 5, c. 23, s. 144.

Page 95

Page 96

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Companies. [CAP. 32 as to undis- charged acting as 19 & 20 Geo. 5, bankrupts directors. c. 23, s. 142. 22 of 1950, s. 3. 141. (1) If any person being an undischarged bankrupt acts as director of, or directly or indirectly takes part in or is concerned in the management of, any company except with the leave of the court by which he was adjudged bankrupt, he shall be guilty of a misdemeanor triable summarily and liable on conviction on indictment to imprisonment for two years, or on summary conviction to imprisonment for six months and to a fine of five thousand dollars: Provided that a person shall not be guilty of an offence under this section by reason that he, being an undischarged bankrupt, has acted as director of, or taken part or been concerned in the management of, a company, if at the commencement of this Ordinance he was acting as director of, or taking part or being concerned in the management of, that company and has continuously so acted, taken part, or been concerned since that date and the bankruptcy was prior to that date. (2) The leave of the court for the purpose of this section shall not be given unless notice of intention to apply therefor has been served on the Official Receiver and it shall be the duty of the Official Receiver, if he is of opinion that it is contrary to the public interest that any such application should be granted, to attend on the hearing of and oppose the granting of the application. (3) In this section the expression company includes an unregistered company and a company incorporated outside the Colony which has an established place of business within the Colony, and the expression Official Receiver means the Official Receiver in Bankruptcy. Validity of acts of directors. 142. The acts of a director or manager shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualification. 143. (1) Every company shall keep at its registered office a register of its directors or managers containing with respect to each of them the following particulars, that is to say— (a) in the case of an individual, his present christian name and surname, any former christian name or surname, his usual residential address, his nationality, and, if that nationality is not the nationality 107 ibid. s. 143. Register of directors. 19 & 20 Geo. 5, c. 23, s. 144. Page 95 Page 96
Baseline (Original)
Companies. [CAP. 32 as to undis- charged acting as 19 & 20 Geo. 5, bankrupts directors. c. 23, s. 142. 22 of 1950, s. 3. 141. (1) If any person being an undischarged bankrupt Provisions acts as director of, or directly or indirectly takes part in or is concerned in the management of, any company except with the leave of the court by which he was adjudged bankrupt, he shall be guilty of a misdemeanor triable sum- marily and liable on conviction on indictment to imprison- ment for two years, or on summary conviction to imprison- ment for six months and to a fine of five thousand dollars: Provided that a person shall not be guilty of an offence under this section by reason that he, being an undischarged bankrupt, has acted as director of, or taken part or been concerned in the management of, a company, if at the com- mencement of this Ordinance he was acting as director of, or taking part or being concerned in the management of, that company and has continuously so acted, taken part, or been concerned since that date and the bankruptcy was prior to that date. (2) The leave of the court for the purpose of this section shall not be given unless notice of intention to apply therefor has been served on the Official Receiver and it shall be the duty of the Official Receiver, if he is of opinion that it is contrary to the public interest that any such application should be granted, to attend on the hearing of and oppose the granting of the application. (3) In this section the expression company includes an unregistered company and a company incorporated outside the Colony which has an established place of business within the Colony, and the expression Official Receiver means the Official Receiver in Bankruptcy. Validity of acts of 142. The acts of a director or manager shall be valid notwithstanding any defect that may afterwards be dis- directors. covered in his appointment or qualification. 143. (1) Every company shall keep at its registered office a register of its directors or managers containing with respect to each of them the following particulars, that is to say— (a) in the case of an individual, his present christian name and surname, any former christian name or surname, his usual residential address, his national- ity, and, if that nationality is not the nationality 107 ibid. s. 143. Register of 19 & 20 Geo. 5, directors. c. 23, s. 144. Page 95Page 96
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Companies.

[CAP. 32

as to undis-

charged acting as 19 & 20 Geo. 5,

bankrupts

directors.

c. 23, s. 142.

22 of 1950, s. 3.

141. (1) If any person being an undischarged bankrupt Provisions acts as director of, or directly or indirectly takes part in or is concerned in the management of, any company except with the leave of the court by which he was adjudged bankrupt, he shall be guilty of a misdemeanor triable sum- marily and liable on conviction on indictment to imprison- ment for two years, or on summary conviction to imprison- ment for six months and to a fine of five thousand dollars: Provided that a person shall not be guilty of an offence under this section by reason that he, being an undischarged bankrupt, has acted as director of, or taken part or been concerned in the management of, a company, if at the com- mencement of this Ordinance he was acting as director of, or taking part or being concerned in the management of, that company and has continuously so acted, taken part, or been concerned since that date and the bankruptcy was prior to that date.

(2) The leave of the court for the purpose of this section shall not be given unless notice of intention to apply therefor has been served on the Official Receiver and it shall be the duty of the Official Receiver, if he is of opinion that it is contrary to the public interest that any such application should be granted, to attend on the hearing of and oppose the granting of the application.

(3) In this section the expression company includes an unregistered company and a company incorporated outside the Colony which has an established place of business within the Colony, and the expression Official Receiver means the Official Receiver in Bankruptcy.

Validity of

acts of

142. The acts of a director or manager shall be valid notwithstanding any defect that may afterwards be dis- directors. covered in his appointment or qualification.

143. (1) Every company shall keep at its registered office a register of its directors or managers containing with respect to each of them the following particulars, that is

to say—

(a) in the case of an individual, his present christian name and surname, any former christian name or surname, his usual residential address, his national- ity, and, if that nationality is not the nationality

107

ibid. s. 143.

Register of 19 & 20 Geo. 5,

directors.

c. 23, s. 144.

Page 95Page 96

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