Hong Kong Ordinances

BUSINESS REGISTRATION ORDINANCE - SECT 15

Offences

(Past version on 30/06/1997).

(1) Any person who-

   (a)  acts under this Ordinance without taking an oath of secrecy as
        required by section 4(2);

   (b)  acts contrary to the provisions of section 4(1) or to an oath taken
        under subsection (2) thereof;

   (c)  fails to make any application required under section 5 or 6; (Amended
        79 of 1992 s. 7)

   (d)  fails to pay any fee or levy required under section 7, and any sum
        added thereto under section 11; (Amended 56 of 1984 s. 13)

   (e)  fails to notify the Commissioner of the non-receipt of a notice by the
        Commissioner under section 7(2);

   (f)  fails to furnish any information required under section 8 or to comply
        with any notice or requirement of the Commissioner under such section;

   (g)  fails to display a valid business registration certificate or a
        valid branch registration certificate as required under section 12;
        (Amended 56 of 1984 s. 13)

   (h)  commits forgery of any document provision for which is made in this
        Ordinance;

   (i)  makes any statement or furnishes any information to the Commissioner
        under the provisions of this Ordinance whether such statement or
        information is verbal or in writing, which is false in any material
        particular or by reason of the omission of any material particular and
        which he either knows or has reason to believe to be false; or

   (j)  resists or obstructs an inspector in the performance of his duties
        under this Ordinance, shall be guilty of an offence, and shall be
        liable to a fine at level 2 and to imprisonment for 1 year. (Amended
        79 of 1992 s. 7; L.N. 338 of 1995)

(1A) Where a person is convicted of an offence under subsection

(1)(c) or (f) the magistrate may, in addition to any penalty that may be
imposed, order that the person shall within a time specified in the order do
the act which he has failed to do, and a person who does not comply with such
an order commits an offence and is liable to a fine at level 2 and to
imprisonment for 1 year. (Added 79 of 1992 s. 7. Amended L.N. 338 of 1995)

(1B) The Commissioner may compound any offence under this section and may
before judgment stay or compound any proceedings thereunder. (Added 3 of 1999
s. 10)

(2) (a) Where any person is convicted of any of the acts or omissions set out
in subsection (1)(c), (d), (e), (h) or (i) the magistrate shall, in addition
to any penalty that may be imposed, make an order that such person shall pay
to the Commissioner the fees and levy and any sums added thereto by the
Commissioner, which would have been payable by him over the period of the
preceding 6 years had the provisions of this Ordinance been complied with and
had he committed no offence thereunder.

   (b)  In making an order for payment under paragraph (a) the magistrate-

        (i)    shall require that the amount payable in respect of the 2 years
               immediately preceding the date of conviction be paid forthwith
               to the Commissioner; and

        (ii)   may allow time for the payment of the remainder of the amount
               specified in the order in accordance with the provisions of
               section 41 of the Magistrates Ordinance ( Cap 227); and

        (iii)  may impose a period of imprisonment for non-payment of the
               amount specified in the order calculated in accordance with the
               provisions of section 68 of the Magistrates Ordinance (
               Cap 227).

   (c)  For the purposes of this subsection, the Commissioner shall be deemed
        to have-

        (i)    called upon the person making application to pay the
               prescribed  business registration fee or
               prescribed branch registration fee, as the case may be, and
               levy in accordance with section 7(1); and

        (ii)   imposed the sum to be added to the prescribed business 
               registration fee or prescribed branch registration fee, as the
               case may be, and levy for the non-payment thereof in accordance
               with section 11. (Amended L.N. 64 of 1974; 30 of 1974 s. 3; 56
               of 1984 s. 13)

(3) No prosecution under this section shall be commenced save within 6 years
from the date of the commission of the offence.

(4) In this section, "forgery" (偽造) has the meaning assigned to that term
by Part IX of the Crimes Ordinance ( Cap 200). (Replaced 49 of 1992 s. 5)

"forgery" (偽造)