Hong Kong Regulations

BUSINESS REGISTRATION REGULATIONS - REGULATION 4

The register

(Past version on 30/06/1997).

(1) On receipt of an application for registration of a business in the form
provided for in regulation 3 the Commissioner shall assign an identifying
number to the application.

(2) The Commissioner shall maintain a register which shall consist of-

   (a)  the information provided in applications made to the Commissioner
        under section 5 of the Ordinance or section 4 of the Business
        Regulation Ordinance 1952 (14 of 1952), as supplemented or replaced by
        information from time to time received by the Commissioner under
        section 8 of the Ordinance; and

   (b)  the identifying numbers assigned to applications under paragraph (1).

(3) The register-

   (a)  shall be kept in a form that allows the retrieval of all entries
        currently in it in relation to any business, to the exclusion of
        entries in relation to any other business;

   (b)  need not be kept in documentary form.

(4) The Commissioner may remove from the register and destroy entries in
respect of any business which has ceased to be carried on for a continuous
period of 10 or more years immediately preceding the date of the removal.

(4A) The Commissioner may remove from the register all particulars

(except the name and the identifying numbers assigned to applications under
paragraph (1)) in respect of-

   (a)  any business which has been found untraceable by the Commissioner
        during the period of 10 years immediately preceding the date of the
        removal; or

   (b)  any business which has not paid the prescribed business registration
        fee or prescribed branch registration fee or the levy as required
        under the Ordinance for a continuous period of 10 years immediately
        preceding the date of the removal. (L.N. 52 of 1999)

(4B) Where the Commissioner has removed any particulars under paragraph
(4A)(a) or (b), he shall record the removal on the register in such manner as
he sees fit. (L.N. 52 of 1999)

(4C) The particulars in respect of a business removed from the register under
paragraph (4A)(a) may be reinstated on the register where the person carrying
on the business provides to the Commissioner such information as to enable the
Commissioner to trace the business and provided that all outstanding fees and
levies relating to the business together with any penalties payable are paid.
(L.N. 52 of 1999)

(4D) The particulars in respect of a business removed from the register under
paragraph (4A)(b) may be reinstated on the register where all outstanding fees
and levies relating to the business together with any penalties payable are
paid. (L.N. 52 of 1999)

(4E) Where the Commissioner has reinstated any particulars under paragraph
(4C) or (4D), he shall record the reinstatement on the register in such manner
as he sees fit. (L.N. 52 of 1999)

(4F) The Commissioner may remove from the register any information in respect
of any business where such information has been replaced by information
received by the Commissioner under section 8 of the Ordinance, or has
otherwise become obsolete, for a period of 10 years immediately preceding the
date of the removal. (L.N. 52 of 1999)

(4G) Any information removed from the register under paragraph (4F) shall not
be reinstated on the register. (L.N. 52 of 1999)

(5) In this regulation references to a business include references to a branch
of a business. (L.N. 378 of 1992)