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    (Hong Kong)Companies Ordinance

(Companies Ordinance)Schedule 10:Consequential and Related Amendments to Other Ordinances and Subsidiary Legislation[ss. 912 & 920]Part 91 to 100

2013-09-26 11:16:41 Release Author: Read Flow:3559次

Part 91    Amendments to Hong Kong Academy of Medicine Ordinance (Cap. 419)
229.
Section 2 amended (Interpretation)
Section 2, definition of college, paragraph (b)—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012)”.
230.
Section 6 amended (Recognition of Academy Colleges and
Faculties)
Section 6(3)(b)—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012)”.
231.
Section 10 amended (The Council during the interim period)
Section 10(4)—

Repeal
“(Cap. 32)”
Substitute
“(28 of 2012)”.

Part 92    Amendment to Toys and Children’s Products Safety Ordinance (Cap. 424)
232.
Section 34 amended (Service of notices)
Section 34(1)(b)(ii)—
Repeal
“(Cap. 32), it is left with, or sent by post to, the person
resident in Hong Kong who is authorized to accept service
of process and notices on its behalf for the purposes of
Part XI”
Substitute
“(28 of 2012), it is left with, or sent by post to, its
authorized representative as defined by section 774(1)”.

Part 93     Amendments to Toys and Children’s Products Safety Regulation (Cap. 424 sub. leg. B)
233.
Section 2 amended (Identification marking for toys)
Section 2(3)—
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)”.
234.
Section 3 amended (Identification marking for children’s products)
Section 3(3)—
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)”.

Part 94    Amendments to Occupational Retirement Schemes Ordinance (Cap. 426)
235.
Section 2 amended (Interpretation)
(1) Section 2(1), definition of company—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012)”.
(2) Section 2(1), definition of director, paragraph (c)—
Repeal
“(Cap. 32)”

Substitute
“(28 of 2012)”.
(3) Section 2(1)—
Repeal the definition of holding company
Substitute
“holding company (控權公司) means, in relation to an
employer—
(a) (where the employer is a company) a company of
which the employer is a subsidiary;
(b) (where the employer is not a company but is a
body of persons otherwise incorporated or
established in Hong Kong or elsewhere) any other
body of persons appearing to the Registrar to be
analogous to a company of which the employer
would be a subsidiary were the employer a
company as defined by section 2(1) of the
Companies Ordinance (28 of 2012);”.
(4) Section 2(1), definition of subsidiary, paragraph (a)—
Repeal
“, pursuant to section 2 of the Companies Ordinance (Cap.
32), is for the purposes of that Ordinance deemed to be a
subsidiary of the employer”
Substitute
“is by virtue of section 15 of the Companies Ordinance (28
of 2012) a subsidiary of the employer for the purposes of
that Ordinance”.
(5) Section 2(1), definition of subsidiary, paragraph (b)—
Repeal“so deemed to be a subsidiary of the employer were the
employer a company within the meaning of the Companies
Ordinance (Cap. 32)”
Substitute
“by virtue of section 15 of the Companies Ordinance (28
of 2012) a subsidiary of the employer were the employer a
company as defined by section 2(1) of that Ordinance”.
(6) Section 2(1), Chinese text, definition of 有關連人士,
paragraph (d)(ii)(B) and (C) and (iii)—
Repeal
“母公司”
Substitute
“控權公司”.
236.
Section 67 amended (Special provisions for schemes covering
groups of companies)
Section 67(1B) and (1C)(b), Chinese text—
Repeal
“母公司”
Substitute
“控權公司”.
237.
Section 73 amended (Rules)
Section 73(1)(n)—
Repeal
“Companies Ordinance”
Substitute“Companies (Winding Up and Miscellaneous Provisions)
Ordinance”.
238.
Section 81 amended (Notices)
Section 81(1)(c)—
Repeal
“to which Part XI of the Companies Ordinance (Cap. 32)
applies”
Substitute
“as defined by section 2(1) of the Companies Ordinance (28
of 2012)”.

Part 95    Amendment to Companies Registry Trading Fund (Cap. 430 sub. leg. B)
239.
Schedule 1 amended (Services to be provided by the trading fund)
Schedule 1, section 1—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012) and the Companies (Winding Up and
Miscellaneous Provisions) Ordinance (Cap. 32)”.


Part 96    Amendment to Western Harbour Crossing Ordinance (Cap. 436)
240.
Section 8 amended (Directors of the Company)
Section 8(2)—
Repeal
“(Cap. 32) or any other law, the memorandum or articles”
Substitute
“(28 of 2012), the Companies (Winding Up and
Miscellaneous Provisions) Ordinance (Cap. 32) or any other
law, the memorandum of association (if any) or articles of
association”.

Part 97    Amendment to Administrative Appeals Board Ordinance (Cap. 442)
241.
Schedule amended
The Schedule—
Add
“71.
Companies
Ordinance (28
of 2012)
(a) A direction of the Registrar of
Companies under section 109(1)
to change a company name.
(b) A decision of the Registrar of
Companies to serve a notice
under section 780(1)(b).”.


Part 98    Amendments to The Legislative Council Commission Ordinance (Cap. 443)
242.
Section 2 amended (Interpretation)
Section 2, definition of Company, after “Companies Ordinance
(Cap. 32)”—
Add
“as in force at the time of the incorporation”.
243.
Section 22 amended (Dissolution of company and transfer of
property, etc.)
(1) Section 22(1), after “Companies Ordinance (Cap. 32)”—
Add
“as in force at the time of that commencement”.
(2) Section 22(2)(a)—
Repeal
“section 291A(2) of the Companies Ordinance (Cap. 32)”
Substitute
“section 765(1) of the Companies Ordinance (28 of 2012)”.
(3) Section 22(2)(b)—
Repeal
“section 291B of that Ordinance”
Substitute
“section 757 of the Companies Ordinance (28 of 2012)”.


Part 99    Amendment to Amusement Rides (Safety) Ordinance (Cap. 449)
244.
Section 2 amended (Interpretation)
Section 2, definition of officer—
Repeal
“(Cap. 32)”
Substitute
“(28 of 2012)”.

Part 100    Amendment to Minor Employment Claims Adjudication Board Ordinance (Cap. 453)
245.
Section 5 amended (Jurisdiction of the Board)
Section 5(3)(b)—
Repeal
“Companies Ordinance”
Substitute
“Companies (Winding Up and Miscellaneous Provisions)
Ordinance”.


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