Hong Kong Ordinances

COMPANIES ORDINANCE - SECT 296

General rules and fees

Rules and Fees

(1) The Chief Justice may, with the approval of the Legislative Council, make
general rules for carrying into effect the objects of this Ordinance so far as
relates to the winding up of companies.

(2) All rules and orders made under this section shall be judicially noticed,
and shall have effect as if enacted by this Ordinance.

(2A) An answer given by a person to a question put to him in exercise of
powers conferred by rules made under this section may be used in evidence
against him. (Added 72 of 1994 s. 10)

(3) There shall be paid in respect of proceedings under this Ordinance, where
no fee is otherwise fixed, such fees as the Chief Justice may, with the
approval of the Legislative Council by order, direct, and he may direct by
whom and in what manner the same are to be collected and accounted for.

(4) The amount of any fees prescribed under this section shall not be limited
by reference to the amount of administrative or other costs incurred or likely
to be incurred by the Official Receiver in the winding up of companies or of
any particular company. (Added 38 of 1987 s. 5)

(5) Without prejudice to the generality of subsection (4), fees referred to in
that subsection may be fixed by reference to a scale of fees and percentages.
(Added 38 of 1987 s. 5)

(6) Rules or orders made under this section may authorize the court to fix any
fee or to vary the amount of any fee otherwise prescribed. (Added 38 of 1987
s. 5)

(7) No fee prescribed under this section shall be invalid by reason only of
the amount of that fee. (Added 38 of 1987 s. 5)

(8) Fees required to be paid under rules or orders made under this section
shall be recoverable as debt. (Added 38 of 1987 s. 5. Amended L.N. 587 of
1995)

(9) Rules or orders made under this section before the commencement of the
Companies (Amendment)(No. 2) Ordinance 1987 (38 of 1987) and in force
immediately before such commencement shall have effect as from the
commencement of that Ordinance as if made under this section as amended by
that Ordinance. (Added 38 of 1987 s. 5) (Amended 6 of 1984 s. 208; 38 of 1987
s. 5) [cf. 1929 c. 23 s. 305 U.K.]