Hong Kong Ordinances

COMPANIES ORDINANCE - SECT 147

Proceedings on inspector's report

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In relation to any prosecution arising from any report made or information
supplied under section 146 or from any information or document obtained under
section 152A or 152B, it shall be the duty of all officers and agents of the
company or other body corporate whose affairs have been investigated by virtue
of section 144, other than the defendant in the proceedings, to give to the
Secretary for Justice all assistance in connexion with the prosecution that
they are reasonably able to give, and section 145(5) shall apply for the
purposes of this subsection as it applies for the purposes of that section.
(Amended 10 of 1987 s. 8; L.N. 362 of 1997)

(2) If, in the case of any body corporate liable to be wound up under this
Ordinance, it appears to the Financial Secretary from any report made under
section 146 or from any information or document obtained under section 152A or
152B-

   (a)  that it is expedient in the public interest that the body should be
        wound up, he may present a petition for it to be wound up if the court
        thinks it just and equitable for it to be so wound up;

   (b)  where the body is a specified corporation, that the business of such
        specified corporation is being or has been conducted in a manner
        unfairly prejudicial to the interests of the members generally or of
        any part of its members, he may (in addition to, or instead of,
        presenting a petition under paragraph (a)) present a petition for an
        order under section 168A. (Amended 72 of 1994 s. 4; 30 of 2004 s. 2)

(3) If from any report made or information supplied under section  146 or from
any information or document obtained under section 152A or 152B it appears to
the Financial Secretary that any civil proceedings ought in the public
interest to be brought by any body corporate, he may himself bring such
proceedings in the name of and on behalf of the body corporate. (Added 10 of
1987 s. 8)

(4) The Government shall indemnify the body corporate against any costs or
expenses incurred by it in or in connexion with any proceedings brought by
virtue of subsection (3). (Replaced 51 of 1978 s. 4. Amended 6 of 1984 s. 103)
[cf. 1967 c. 81 ss. 35 & 37 U.K.]