1964_COMPANIES_ORDINANCE — Page 69

HK Historical Laws 香港歷史法例 All AI Reviewed

1984 Ed.]

Companies

[CAP. 32

179

Provided that---

(a) in any proceedings against a person in respect of an offence under this section, it shall be a defence to prove that he had reasonable ground to believe and did believe that a competent and reliable person was charged with the duty of seeing that the provisions of subsection (1) were complied with and was in a position to discharge that duty; and

(b) a person shall not be sentenced to imprisonment for any such offence unless, in the opinion of the court dealing with the case, the offence was committed wilfully.

1 Added, 80 of 1974, s. 14)

161B. (1) The accounts which, under this Ordinance, are to be laid before a company in general meeting shall, subject to this section, contain the following particulars of every relevant loan made by the company after the commencement* of the Companies (Amendment) Ordinance 1984-

(a) the name of the borrower and, if this subsection applies to

a loan--

(i) by reason of the borrower's being connected with a director of the company or of its holding company; or

(ii) where the borrower is a body corporate, by reason of the fact that a director of the company or a person connected with him has held (jointly or severally or directly or indirectly) a controlling interest therein, the name of that director;

(b) the terms of the loan, including the rate of interest and the

security therefor, if any;

(c) the amount outstanding on the loan, in respect of principal and interest, at the beginning and at the end of the company's financial year and the maximum amount so outstanding during that financial year; and

(d) the amount of interest which, having fallen due, has not been paid and the amount of any provision (within the meaning of the Tenth Schedule) made in respect of any failure or anticipated failure by the borrower to repay the whole or part of the loan or to pay the whole or part of any interest thereon.

(2) The accounts referred to in subsection (1) shall contain the particulars specified in subsection (3) of every guarantee entered into and of every security provided by the company in respect of which the following conditions are satisfied

(a) the guarantee was entered into, or the security provided, by the company in connexion with a relevant loan made by any person after the commencement* of the Companies (Amendment) Ordinance 1984; and

Particulars in accounts of loans to officers, etc. [cf. 1980 c. 22. Ss. 54, 55 & 56.] (6 of 1984.) [*31.8.84.]

Tenth Schedule.

(6 of 1984,) (*31.8.84.]

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1984 Ed.] Companies [CAP. 32 179 Provided that--- (a) in any proceedings against a person in respect of an offence under this section, it shall be a defence to prove that he had reasonable ground to believe and did believe that a competent and reliable person was charged with the duty of seeing that the provisions of subsection (1) were complied with and was in a position to discharge that duty; and (b) a person shall not be sentenced to imprisonment for any such offence unless, in the opinion of the court dealing with the case, the offence was committed wilfully. 1 Added, 80 of 1974, s. 14) 161B. (1) The accounts which, under this Ordinance, are to be laid before a company in general meeting shall, subject to this section, contain the following particulars of every relevant loan made by the company after the commencement* of the Companies (Amendment) Ordinance 1984- (a) the name of the borrower and, if this subsection applies to a loan-- (i) by reason of the borrower's being connected with a director of the company or of its holding company; or (ii) where the borrower is a body corporate, by reason of the fact that a director of the company or a person connected with him has held (jointly or severally or directly or indirectly) a controlling interest therein, the name of that director; (b) the terms of the loan, including the rate of interest and the security therefor, if any; (c) the amount outstanding on the loan, in respect of principal and interest, at the beginning and at the end of the company's financial year and the maximum amount so outstanding during that financial year; and (d) the amount of interest which, having fallen due, has not been paid and the amount of any provision (within the meaning of the Tenth Schedule) made in respect of any failure or anticipated failure by the borrower to repay the whole or part of the loan or to pay the whole or part of any interest thereon. (2) The accounts referred to in subsection (1) shall contain the particulars specified in subsection (3) of every guarantee entered into and of every security provided by the company in respect of which the following conditions are satisfied (a) the guarantee was entered into, or the security provided, by the company in connexion with a relevant loan made by any person after the commencement* of the Companies (Amendment) Ordinance 1984; and Particulars in accounts of loans to officers, etc. [cf. 1980 c. 22. Ss. 54, 55 & 56.] (6 of 1984.) [*31.8.84.] Tenth Schedule. (6 of 1984,) (*31.8.84.]

Baseline (Original)

1984 Ed.] Companies [CAP. 32 179 Provided that--- (a) in any proceedings against a person in respect of an offence under this section, it shall be a defence to prove that he had reasonable ground to believe and did believe that a competent and reliable person was charged with the duty of seeing that the provisions of subsection (1) were complied with and was in a position to discharge that duty; and (b) a person shall not be sentenced to imprisonment for any such offence unless, in the opinion of the court dealing with the case, the offence was committed wilfully. 1 Added, 80 of 1974, s. 14) 161B. (1) The accounts which, under this Ordinance, are to be laid before a company in general meeting shall. subject to this section, contain the following particulars of every relevant loan made by the company after the commencement* of the Companies (Amendment) Ordinance 1984- (a) the name of the borrower and, if this subsection applies to a loan-- (i) by reason of the borrower's being connected with a director of the company or of its holding company; or (ii) where the borrower is a body corporate, by reason of the fact that a director of the company or a person connected with him has held (jointly or severally or directly or indirectly) a controlling interest therein. the name of that director; (b) the terms of the loan, including the rate of interest and the security therefor, if any; (c) the amount outstanding on the loan, in respect of principal and interest, at the beginning and at the end of the company's financial year and the maximum amount so outstanding during that financial year; and (d) the amount of interest which, having fallen due, has not been paid and the amount of any provision (within the meaning of the Tenth Schedule) made in respect of any failure or anticipated failure by the borrower to repay the whole or part of the loan or to pay the whole or part of any interest thereon. (2) The accounts referred to in subsection (1) shall contain the particulars specified in subsection (3) of every guarantee entered into and of every security provided by the company in respect of which the following conditions are satisfied (a) the guarantee was entered into, or the security provided, by the company in connexion with a relevant loan made by any person after the commencement* of the Companies (Amendment) Ordinance 1984; and Particulars in accounts of loans to officers, etc. [cf. 1980 e. 22. Ss. 54, 55 & 56.J (6 of 1984.) [*31.8.84.] Tenth Schedule. (6 of 1984,) (*31.8.84.]

2026-05-04 10:39:08 · Baseline

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