292
CAP. 32]
Companies
[1984 Ed.
$200 for
Obligation to give notice of paid-up capital.
Provision with respect to
default fines and meaning
of "officer
in default".
1929 c. 23, s. 365.
(6 of 1984.) ["31,8.84.]
Limitation on commencement
of proceedings. (Cap. 227.)
duly incorporated with limited liability, be liable to a fine of $200 every day during which that name or title is used.
(Replaced, 6 of 1984, s. 243)
350A. If any company includes or permits to be included a statement of the authorized or issued capital of the company in any notice, circular, advertisement or other official publication of the company which is issued, circulated or distributed in Hong Kong, the company and an officer who is in default shall, unless a statement of the paid-up capital of the company is also stated not less prominently, be liable to a fine of $5,000.
(Added, 78 of 1972, s. 19. Amended, 6 of 1984, s. 259)
General Provisions as to Offences
351. (1) Where it is provided in this Ordinance 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 of such amount as is specified in such provision, or, if the amount of the fine is not so specified, to a fine of $200. (Amended, 22 of 1950, Schedule)
(1A) Where any offence, being an offence for the continuance of which a penalty was provided, has been committed under any provisions of this Ordinance which were in force immediately before 1 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 date in the same manner as if the offence had been committed under the said corresponding provisions. (Added, 80 of 1974, s. 16)
(1B) Subsection (1A) shall have effect in respect of any period after the commencement* of the Companies (Amendment) Ordinance 1984 as if for the reference therein to 1 October 1975 there were substituted a reference to the commencement of that Ordinance. (Added, 6 of 1984, s. 244)
(2) For the purpose of any provision in this Ordinance which provides that an officer of a company who is in default shall be liable to a fine or penalty, "officer who is in default" means any officer of the company, or any person in accordance with whose directions or instructions the directors of the company are accustomed to act, who knowingly and wilfully authorizes or permits the default, refusal or contravention mentioned in such provision. (Amended, 6 of 1984, s. 244)
351A. (1) Notwithstanding section 26 of the Magistrates Ordinance, an information or complaint relating to an offence under this Ordinance may be tried if it is laid or made, as the case may be, at any time within 3 years after the commission of the offence and
292
CAP. 32]
Companies
[1984 Ed.
$200 for
Obligation to give notice of paid-up capital.
Provision with respect to
default fines and meaning
of "officer
in default".
1929 c. 23, s. 365.
(6 of 1984.) ["31,8.84.]
Limitation on commencement
of proceedings. (Cap. 227.)
duly incorporated with limited liability, be liable to a fine of $200 every day during which that name or title is used.
(Replaced, 6 of 1984, s. 243)
350A. If any company includes or permits to be included a statement of the authorized or issued capital of the company in any notice, circular, advertisement or other official publication of the company which is issued, circulated or distributed in Hong Kong, the company and an officer who is in default shall, unless a statement of the paid-up capital of the company is also stated not less prominently, be liable to a fine of $5,000.
(Added, 78 of 1972, s. 19. Amended, 6 of 1984, s. 259)
General Provisions as to Offences
351. (1) Where it is provided in this Ordinance 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 of such amount as is specified in such provision, or, if the amount of the fine is not so specified, to a fine of $200. (Amended, 22 of 1950. Schedule)
(1A) Where any offence, being an offence for the continuance of which a penalty was provided, has been committed under any provisions of this Ordinance which were in force immediately before 1 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 date in the same manner as if the offence had been committed under the said corresponding provisions. (Added, 80 of 1974, s. 16)
(IB) Subsection (1A) shall have effect in respect of any period after the commencement* of the Companies (Amendment) Ordin- ance 1984 as if for the reference therein to 1 October 1975 there were substituted a reference to the commencement of that Ordin-
(Added, 6 of 1984, s. 244)
ance.
(2) For the purpose of any provision in this Ordinance which provides that an officer of a company who is in default shall be liable to a fine or penalty, "officer who is in default" means any officer of the company, or any person in accordance with whose directions or instructions the directors of the company are accustomed to act, who knowingly and wilfully authorizes or permits the default, refusal or contravention mentioned in such provision.
(Amended, 6 of 1984, s. 244)
351A. (1) Notwithstanding section 26 of the Magistrates Ordinance, an information or complaint relating to an offence under this Ordinance may be tried if it is laid or made, as the case may be. at any time within 3 years after the commission of the offence and
(
No comments yet.
Private notes are available after approval.