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    (Hong Kong)Companies Ordinance

(Companies Ordinance)Schedule 11:Transitional and Saving Provisions[s. 27, 369 & 913]Part 18

2013-09-10 11:48:40 Release Author: Read Flow:3201次

Part 18    Transitional and Saving Arrangements for Part 19

142.
Investigation by inspectors appointed under section 142 or 143 of
predecessor Ordinance
(1) This section applies if, before the commencement date of
Division 2 of Part 19—
(a) an inspector was appointed under section 142 or 143
of the predecessor Ordinance by the Financial
Secretary to investigate the affairs of a company; and
(b) a final report on the investigation has not yet been
published.
(2) Sections 144, 145, 145A, 145B, 146, 146A, 150, 151, 152B,
152D and 152F(1) of the predecessor Ordinance, as in
force immediately before their repeal, continue to apply in
relation to the investigation.
(3) In section 145B of the predecessor Ordinance, the reference
to “section 161” or “section 161B” is to be construed as a
reference to “section 161 or section 383 of the Companies
Ordinance (28 of 2012)” or “section 161B or section 383 of
the Companies Ordinance (28 of 2012)” respectively.
(4) In section 146(3)(a)(ii) of the predecessor Ordinance, the
reference to “the fee appointed under section 305 for a
certified copy of a document where the copy has been
prepared in the office of the Registrar” is to be construed
as a reference to “the fee prescribed by the Financial
Secretary for the purposes of section 860(1)(b) of the
Companies Ordinance (28 of 2012)”.
143.
Expenses of investigation by inspectors appointed under section
142 or 143 of predecessor Ordinance
If, before the commencement date of Division 2 of Part 19—

(a) an inspector was appointed under section 142 or
143 of the predecessor Ordinance by the Financial
Secretary to investigate the affairs of a company; and
(b) the expenses of and incidental to the investigation has
not yet been settled,
section 148 of that Ordinance continues to apply in relation to
those expenses.
144.
Report made and information obtained by inspectors appointed
under section 142 or 143 of predecessor Ordinance
(1) Section 147(1) of the predecessor Ordinance, as in force
immediately before its repeal, continues to apply in relation
to any prosecution arising from—
(a) any report made, or any information supplied, under
section 146 of that Ordinance; or
(b) any information or document obtained under section
152B of that Ordinance.
(2) Sections 147(2), 168A(1) and 168J(1) of the predecessor
Ordinance, as in force immediately before their repeal,
continue to apply in relation to—
(a) any report made under section 146 of that Ordinance;
or
(b) any information or document obtained under section
152B of that Ordinance.
(3) Section 147(3) and (4) of the predecessor Ordinance, as in
force immediately before its repeal, continues to apply in
relation to—
(a) any report made, or any information supplied, under
section 146 of that Ordinance; or
(b) any information or document obtained under section
152B of that Ordinance.(4) Section 149 of the predecessor Ordinance, as in force
immediately before its repeal, continues to apply in relation
to any report made under section 146(1) of that Ordinance.
(5) Section 152C of the predecessor Ordinance, as in force
immediately before its repeal, continues to apply in relation
to any information or document obtained under section
152B of that Ordinance.
145.
Requirement for production of books or papers under section
152A of predecessor Ordinance
(1) This section applies if, before the commencement date of
Division 3 of Part 19, the Financial Secretary, or a person
authorized by the Financial Secretary, required a company
or body corporate to produce books or papers under
section 152A(1) of the predecessor Ordinance.
(2) Sections 152A(2), (3), (4), (5) and (6), 152B, 152C, 152D,
152E and 152F of the predecessor Ordinance, as in force
immediately before their repeal, continue to apply in
relation to the requirement.
(3) Section 147(1) of the predecessor Ordinance, as in force
immediately before its repeal, continues to apply in relation
to any prosecution arising from any information or document
obtained under section 152A or 152B of that Ordinance.
(4) Sections 147(2), (3) and (4), 168A(1) and 168J(1) of the
predecessor Ordinance, as in force immediately before their
repeal, continue to apply in relation to any information or
document obtained under section 152A or 152B of that
Ordinance.
146.
Order under section 168A(1) of predecessor Ordinance
(1) This section applies if—
(a) before the commencement date of Division 2 or 3 of
Part 19 (as the case may be)—(i) the Financial Secretary, under section 147(2)(b) of
the predecessor Ordinance, presented a petition
for an order under section 168A(1) of that
Ordinance; and
(ii) the petition has not yet been determined; or
(b) on or after the commencement date of Division 2
or 3 of Part 19 (as the case may be), the Financial
Secretary, in reliance on section 144(2) or 145(4) of
this Schedule presents a petition for an order under
section 168A(1) of the predecessor Ordinance.
(2) Section 168A(2), (2C), (3), (4) and (6) of the predecessor
Ordinance, as in force immediately before its repeal,
continues to apply in relation to the petition.
147.
Application for disqualification order under section 168J(1) of
predecessor Ordinance
(1) This section applies if—
(a) before the commencement date of Division 2 or 3 of
Part 19 (as the case may be)—
(i) the Financial Secretary made an application for a
disqualification order under section 168J(1) of the
predecessor Ordinance; and
(ii) the application has not yet been determined; or
(b) on or after the commencement date of Division 2
or 3 of Part 19 (as the case may be), the
Financial Secretary, in reliance on section 144(2) or
145(4) of this Schedule, makes an application for a
disqualification order under section 168J(1) of the
predecessor Ordinance.
(2) Section 168J(2) of the predecessor Ordinance, as in force
immediately before its repeal, continues to apply in relation
to the application.148.
Investigation by inspectors appointed under section 152(1) of
predecessor Ordinance
(1) This section applies if, before the commencement date of
Division 6 of Part 19, an inspector was appointed under
section 152(1) of the predecessor Ordinance by a company
to investigate its affairs.
(2) Section 152(2), (3), (4) and (5) of the predecessor
Ordinance, as in force immediately before its repeal,
continues to apply in relation to the investigation.
(3) Section 152(6) of the predecessor Ordinance, as in force
immediately before its repeal, continues to apply in relation
to any report of the inspector on the investigation.


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