Hong Kong Ordinances

FOREIGN CORPORATIONS ORDINANCE - SECT 2

Recognition of corporate status of certain foreign corporations

(1) If at any time-

   (a)  a question arises as to whether a body, which purports to have or
        which appears to have lost corporate status under the laws of a
        territory outside Hong Kong which is not at that time
        a recognized State, should or should not be regarded as having legal
        personality as a body corporate under the law of Hong Kong; and

   (b)  it appears that the laws of that territory are at that time applied by
        a settled court system in that territory, that question and any other
        material question relating to the body shall be determined (and
        account shall be taken of those laws) as if that territory were
        a recognized State.

(2) For the purposes of subsection (1)-

        (a)	"a recognized State" is a territory which is recognized by Her 
Majesty's Government in the United Kingdom as a State;

   (b)  the laws of a territory which is so recognized shall be taken to
        include the laws of any part of the territory which are acknowledged
        by the federal or other central government of the territory as a
        whole; and

   (c)  a material question is a question (whether as to capacity,
        constitution or otherwise) which, in the case of a body corporate,
        falls to be determined by reference to the laws of the territory under
        which the body is established.

(3) Any registration or other thing done at a time before the coming into
operation of this section shall be regarded as valid if it would have been
valid at that time, had subsections (1) and (2) been in operation. (Enacted
1993)

        (a)	"a recognized State" is a territory which is recognized by Her 
Majesty's Government in the United Kingdom as a State;

   (b)  the laws of a territory which is so recognized shall be taken to
        include the laws of any part of the territory which are acknowledged
        by the federal or other central government of the territory as a
        whole; and

   (c)  a material question is a question (whether as to capacity,
        constitution or otherwise) which, in the case of a body corporate,
        falls to be determined by reference to the laws of the territory under
        which the body is established.