Part 62    Amendment to Marine Fish (Marketing) By-laws (Cap. 291 sub. leg. B)

Substitute

“(28 of 2012) or under a former Companies Ordinance as

defined by section 2(1) of the Companies Ordinance (28 of
2012)”.

Part 63    Amendment to Corporate Bodies Contracts Ordinance (Cap. 293)
179.
Section 3 amended (Exclusion of companies under Companies
Ordinance)
Section 3—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012)”.

Part 64    Amendments to Hong Kong Arts Centre Ordinance (Cap. 304)
180.
Section 26 amended (Particulars to be delivered to the Registrar
of Companies)
(1) Section 26(4)—
Repeal
“prescribed under section 304(1A) of the Companies
Ordinance (Cap. 32)”
Substitute
“payable under the regulations made under section 26 of
the Companies Ordinance (28 of 2012)”.
(2) Section 26(5)—
Repeal
“specified in the Eighth Schedule to the Companies
Ordinance (Cap. 32)”
Substitute
“payable under the regulations made under section 26 of
the Companies Ordinance (28 of 2012)”.

Part 65    Amendments to Business Registration Ordinance (Cap. 310)
181.
Section 2 amended (Interpretation)
(1) Section
2(1),
definition
of
company
registration
application—
Repeal
“section 333 of the Companies Ordinance (Cap. 32)”
Substitute
“section 776 of the Companies Ordinance (28 of 2012)”.
(2) Section 2(1)—
Repeal the definition of incorporation application
Substitute
“incorporation
submission
(成立法團遞呈)
means
a
submission made for the purpose of forming a
company under section 67 of the Companies
Ordinance (28 of 2012);”.
(3) Section 2(1), definition of incorporation form—
Repeal
“has the meaning given by section 14A(1) of the
Companies Ordinance (Cap. 32)”
Substitute
“means the incorporation form referred to in section
67(1)(b)(i) of the Companies Ordinance (28 of 2012)”.
(4) Section 2(1), definition of non-Hong Kong company
registration form—
Repeal
everything after “means”
Substitute
“a company registration application in the specified form
referred to in section 776(4) of the Companies Ordinance
(28 of 2012);”.
(5) Section 2(1), definition of place of business, paragraph (a)—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012), or under a former Companies Ordinance as
defined by section 2(1) of the Companies Ordinance (28 of
2012),”.
(6) Section 2(1), definition of place of business—
Repeal paragraph (b)
Substitute
“(b) a registered non-Hong Kong company as defined by
section 2(1) of the Companies Ordinance (28 of 2012),
the address of any person whose name has been
delivered to the Registrar for registration under Part
XI of the Companies Ordinance (Cap. 32) as in force
at the time of the delivery or under Part 16 of the
Companies Ordinance (28 of 2012), as the case may
be;”.
(7) Section 2(1), definition of Registrar—
Repeal
“section 303(2) of the Companies Ordinance (Cap. 32)”
Substitute
“section 21(1) of the Companies Ordinance (28 of 2012)”.
(8) Section 2(1A)—
Repeal
“For the purposes of this Ordinance a company which
is—
(a) incorporated in Hong Kong under the Companies
Ordinance (Cap. 32) or to which Part XI of the
Companies Ordinance (Cap. 32) applies; and
(b) not otherwise liable to be registered under this
Ordinance,”
Substitute
“For the purposes of this Ordinance—
(a) a company—
(i) that is incorporated in Hong Kong under the
Companies Ordinance (28 of 2012) or was
incorporated under a former Companies
Ordinance as defined by section 2(1) of the
Companies Ordinance (28 of 2012); and
(ii) that is not otherwise liable to be registered
under this Ordinance; or
(b) a non-Hong Kong company as defined by section
2(1) of the Companies Ordinance (28 of 2012)
that is not otherwise liable to be registered under
this Ordinance,”.
(9) Section 2(1C)(a)—
Repeal
“application”
Substitute
“submission”.
182.
Section 4 amended (Official secrecy)
Section 4(3B)—
Repeal
“incorporation application”
Substitute
“incorporation submission”.
183.
Section 5A amended (Simultaneous business registration
applications of companies incorporated under Companies
Ordinance)
(1) Section 5A(1)—
Repeal
“application is made, the applicant”
Substitute
“submission is made, the person who made the
submission”.
(2) Section 5A(1)(b)—
Repeal
“applicant”
Substitute
“person”.
(3) Section 5A(2)—
Repeal
“applicant complies”
Substitute
“person complies”.
(4) Section 5A(2)(b)—
Repeal
“applicant has”
Substitute
“person has”.
184.
Section 7A amended (Refund of prescribed business registration
fees, prescribed branch registration fees or levies)
(1) Section 7A(3)(a)—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012)”.
(2) After section 7A(3)(a)—
Add
“(ab) a company incorporated under a former Companies
Ordinance as defined by section 2(1) of the Companies
Ordinance (28 of 2012);”.
(3) Section 7A(3)—
Repeal paragraph (b)
Substitute
“(b) a non-Hong Kong company as defined by section 2(1)
of the Companies Ordinance (28 of 2012);
(c) a company incorporated outside Hong Kong that has
established a place of business in Hong Kong, but has
ceased to have any such place of business before the
repeal of Part XI of the Companies Ordinance (Cap.
32) as in force from time to time before the
commencement date of section 2 of Schedule 9 to the
Companies Ordinance (28 of 2012).”.
(4) Section 7A(4)—
Repeal
“application”
Substitute
“submission”.
(5) Section 7A(4)—
Repeal
“applicant”
Substitute
“person who made the submission”.
185.
Section 8 amended (Information to be furnished)
(1) Section 8(1A)—
Repeal
“incorporation application”
Substitute
“incorporation submission”.
(2) Section 8(1B)(b)—
Repeal
“under Part XI of the Companies Ordinance (Cap. 32)”
Substitute
“under Part 16 of the Companies Ordinance (28 of 2012)”.
(3) Section 8(2B)—
Repeal paragraphs (a) and (b)
Substitute
“(a) delivers a notice of a change of company name under
section 107(2) of the Companies Ordinance (28 of
2012) or delivers a notice of a change of address of
its registered office under section 658(3) of that
Ordinance;
(b) delivers under section 778 of that Ordinance a return
containing particulars required by that section;
(c) delivers a return under section 791(1) of that
Ordinance for a change of its authorized representative
or a change of the name and address of its authorized
representative; or
(d) delivers a return under section 791(1) of that
Ordinance for a change of the address of its principal
place of business in Hong Kong,”.
(4) Section 8(2C)—
Repeal
“section 22AA of the Companies Ordinance (Cap. 32)”
Substitute
“section 110 of the Companies Ordinance (28 of 2012)”.
186.
Section 9 amended (Exemption from payments of fees for small
businesses)
Section 9(6)—
Repeal
everything after “apply to”
Substitute
“—
(a) any company which is incorporated in Hong
Kong under—
(i) the Companies Ordinance (28 of 2012); or
(ii) a former Companies Ordinance as defined by
section 2(1) of the Companies Ordinance (28
of 2012);
(b) any non-Hong Kong company as defined by
section 2(1) of the Companies Ordinance (28 of
2012); or
(c) any company incorporated outside Hong Kong
that has established a place of business in Hong
Kong, but has ceased to have any such place of
business before the repeal of Part XI of the
Companies Ordinance (Cap. 32) as in force from
time to time before the commencement date of
section 2 of Schedule 9 to the Companies
Ordinance (28 of 2012).”.
187.
Section 16 amended (Exemptions)
Section 16(1)(c), proviso—
Repeal
everything after “apply to”
Substitute
“—
(a) any company which is incorporated in Hong
Kong under—
(i) the Companies Ordinance (28 of 2012); or
(ii) a former Companies Ordinance as defined by
section 2(1) of the Companies Ordinance (28
of 2012);
(b) any non-Hong Kong company as defined by
section 2(1) of the Companies Ordinance (28 of
2012); or
(c) any company incorporated outside Hong Kong
that has established a place of business in Hong
Kong, but has ceased to have any such place of
business before the repeal of Part XI of the
Companies Ordinance (Cap. 32) as in force from
time to time before the commencement date of
section 2 of Schedule 9 to the Companies
Ordinance (28 of 2012);”.
188.
Schedule 1 amended
(1) Schedule 1, section 2(a)(i)—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012) or under a former Companies Ordinance as
defined by section 2(1) of the Companies Ordinance (28 of
2012)”.
(2) Schedule 1, section 2(b)(i)—
Repeal
“application”
Substitute
“submission”.
189.
Schedule 2 amended
(1) Schedule 2, section 3(a)(i)—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012) or under a former Companies Ordinance as
defined by section 2(1) of the Companies Ordinance (28 of
2012)”.
(2) Schedule 2, section 3(b)(i)—
Repeal
“application”
Substitute
“submission”.

Part 66    Amendments to Business Registration Regulations (Cap. 310 sub. leg. A)
190.
Regulation 3A amended (Business particulars in relation to
simultaneous business registration applications)
(1) Regulation 3A(3)(a)—
Repeal
“(Cap. 32)”

Substitute
“(28 of 2012)”.
(2) Regulation 3A(3)(b)(vi)—
Repeal
“section 333(2)(e) of the Companies Ordinance (Cap. 32)”
Substitute
“section 776(4)(c) of the Companies Ordinance (28 of
2012)”.
(3) Regulation 3A(3)(b)(vii)—
Repeal
“Part XI of the Companies Ordinance (Cap. 32)”
Substitute
“Part 16 of the Companies Ordinance (28 of 2012)”.
191.
Regulation 4 amended (The register)
Regulation 4(1A)—
Repeal
“application, the Commissioner must assign an identifying
number in relation to the application”
Substitute
“submission, the Commissioner must assign an identifying
number in relation to the submission”.
192.
Regulation 9 amended (Forms)
(1) Regulation 9, Form 1(b), section A, Part A, item 2—
Repeal
“one to which Part XI of the Companies Ordinance (Cap.
32) applies”
Substitute
“a non-Hong Kong company as defined by section 2(1) of
the Companies Ordinance (28 of 2012)”.
(2) Regulation 9, Form 1(b), Section A, Part A, item 2(d)—
Repeal
“registration under Part XI of the Companies Ordinance
(Cap. 32)”
Substitute
“the certificate of registration issued under section 777 of
the Companies Ordinance (28 of 2012)”.
(3) Regulation 9, Form 1(b), Section A, Part A, item 3—
Repeal
“one to which Part XI of the Companies Ordinance (Cap.
32) does not apply”
Substitute
“not a non-Hong Kong company as defined by section 2(1)
of the Companies Ordinance (28 of 2012)”.
(4) Regulation 9, Form 4, paragraph (a)—
Repeal
“incorporation application”
Substitute
“incorporation submission”.

Part 67    Amendment to Census and Statistics (Quarterly Survey of Service Industries) Order (Cap. 316 sub. leg. M)
193.
Section 1 amended (Interpretation)
Section 1, Chinese text, definition of 財務—
Repeal
“控股公司”
Substitute
“控權公司”.

Part 68    Amendment to Federation of Hong Kong Industries Ordinance (Cap. 321)
194.
Section 2 amended (Interpretation)
Section 2, definition of corporation—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012)”.

Part 69    Amendments to Trade Unions Ordinance (Cap. 332)
195.
Section 67 amended (Provisions of certain Ordinances not to
apply to trade unions or trade union federations)
(1) Section 67—
Renumber the section as section 67(1).
(2) Section 67(1)—
Repeal
everything after “the following”
Substitute
“Ordinances do not apply to a trade union or a trade
union federation—
(a) the Companies Ordinance (28 of 2012);
(b) the Co-operative Societies Ordinance (Cap. 33);
(c) the Companies (Winding Up and Miscellaneous
Provisions) Ordinance (Cap. 32).”.
(3) After section 67(1)—
Add
“(2) The registration of a trade union or a trade union
federation under any of the following Ordinances is
void and of no effect—
(a) the Companies Ordinance (28 of 2012);
(b) the Co-operative Societies Ordinance (Cap. 33).”.
196.
Section 68 amended (Result of registration)
(1) Section 68(1)—
Repeal
“Companies Ordinance (Cap. 32) or the Co-operative
Societies Ordinance (Cap. 33) and”
Substitute
“relevant Ordinance and”.
(2) Section 68(1)—
Repeal
“Companies Ordinance (Cap. 32) or the Co-operative
Societies Ordinance (Cap. 33), as the case may be,”
(wherever appearing)
Substitute
“relevant Ordinance”.
(3) After section 68(2)—
Add
“(3) For the purposes of this section—
relevant Ordinance (《有關條例》) means—
(a) the Companies Ordinance (Cap. 32) as in force
from time to time before the commencement date
of section 2 of Schedule 9 to the Companies
Ordinance (28 of 2012);
(b) the Co-operative Societies Ordinance (Cap. 33); or
(c) the Companies Ordinance (28 of 2012).”.

Part 70    Amendment to District Court Ordinance (Cap. 336)
197.
Section 68B amended (Sale of property in execution of judgment)
Section 68B(1)(a)—
Repeal
“section 29 of the Companies Ordinance (Cap. 32)”
Substitute
“section 11 of the Companies Ordinance (28 of 2012)”.