### Companies Ordinance 《公司條例》

764. Effect of restoration
(1) If a company is restored to the Companies Register under this Subdivision, it is to be regarded as having continued in existence as if it had not been dissolved.
(2) On application by any person, the Court may give directions, and make orders, as seem just for placing the company and all other persons in the same position as nearly as may be as if the company had not been dissolved.
(3) An application for the purposes of subsection (2) must be made within 3 years after the date of the restoration.

765. Application to Court for restoration
(1) Where a company’s name or a company has been struck off the register under section 291 or 291A of the predecessor Ordinance, and the company is dissolved under that section, an application to the Court for the restoration of the company to the Companies Register may be made by a person who—
(a) was a director or member or creditor of the company; and
(b) feels aggrieved by the striking off.
(2) Where a company has been deregistered, and is dissolved, under section 291AA of the predecessor Ordinance, an application to the Court for the restoration of the company to the Companies Register may be made by a person who feels aggrieved by the deregistration.
(3) Subsection (4) applies if—
(a) a company’s name has been struck off the Companies Register under section 746, 747 or 748, and the company is dissolved under that section; or
(b) a company has been deregistered, and is dissolved, under section 751.
(4) An application to the Court for the restoration of the company to the Companies Register may be made—
(a) by a person who was a director or member or creditor of the company; or
(b) by any other person, including the Government, who appears to the Court to have an interest in the matter.

### Companies Ordinance 《公司條例》

766. When application must be made
(1) Subject to subsections (2) and (4)—
(a) an application under section 765(1) must be made within 20 years after the date on which the notice was published in the Gazette under section 291(6), or on which the order was made under section 291A(1), of the predecessor Ordinance;
(b) an application under section 765(2) must be made within 20 years of the deregistration; and
(c) an application under section 765(4) must be made within 20 years after the date of the dissolution.
(2) An application under section 765 may be made at any time if the purpose of the application is to enable a person to bring proceedings against the company for damages for personal injury.
(3) Subsection (4) applies if—
(a) a company’s name has been struck off the Companies Register under section 746 or 747, and the company is dissolved under that section;
(b) an application has been made under section 760 for the restoration of the company to the Companies Register; and
(c) the Registrar has refused the application.
(4) An application under section 765(4) must be made—
(a) within 20 years after the date of the dissolution or any further time that the Court allows on application by the applicant; or
(b) if the period of 20 years has ended, within 28 days after the Registrar gives notification of the refusal under section 762(1).
(5) In this section—
damages for personal injury (人身傷害損害賠償) includes—
(a) any sum and damages claimed by virtue of section 20(2)(b)(i) of the Law Amendment and Reform (Consolidation) Ordinance (Cap. 23);
(b) damages under the Fatal Accidents Ordinance (Cap. 22); and
(c) any compensation for death or incapacity under section 5, 6 or 32 of the Employees’ Compensation Ordinance (Cap. 282);

personal injury (人身傷害) includes any disease and any impairment of a person’s physical or mental condition.

### Companies Ordinance 《公司條例》

767. Court’s decision on application
(1) The Court may grant an application made under section 765(1) if satisfied that—
(a) the company was, at the time the company’s name or the company was struck off, in operation or carrying on business; or
(b) it is otherwise just that the company be restored to the Companies Register.
(2) The Court may grant an application made under section 765(2) if satisfied that it is just that the company be restored to the Companies Register.
(3) The Court may grant an application made under section 765(4) if satisfied that—
(a) in the case of a company whose name has been struck off the Companies Register—
(i) the company was, at the time its name was struck off, in operation or carrying on business; or
(ii) it is otherwise just that the company be restored to the Companies Register; or
(b) in the case of a company that has been deregistered—
(i) any of the requirements specified in section 750(2)(a), (b), (c), (d) or (e) was not met; or
(ii) it is otherwise just that the company be restored to the Companies Register.
(4) The Court must not grant an application made pursuant to section 766(2) if it appears to the Court that the proceedings would fail by reason of an Ordinance limiting the time within which proceedings may be brought.
(5) In making a decision under subsection (4) not to grant an application, the Court must have regard to its power under section 768(2) to direct that the period between the dissolution of the company and the making of the Court’s order does not count for the purposes of the Ordinance.
(6) If the Court grants an application made under section 765, the applicant must deliver to the Registrar for registration an office copy of the Court’s order, and the restoration takes effect on the registration.
(7) After a company is restored to the Companies Register under subsection (6), the Registrar must publish in the Gazette a notice of the restoration.

### Companies Ordinance 《公司條例》

768. Effect of restoration
(1) If a company is restored to the Companies Register under section 767, it is to be regarded as having continued in existence as if it had not been dissolved.
(2) The Court may give directions, and make orders, as seem just for placing the company and all other persons in the same position as nearly as may be as if the company had not been dissolved.
(3) The Court may also give directions as to—
(a) the delivery to the Registrar of the documents relating to the company that are necessary to bring up to date the records kept by the Registrar;
(b) the payment of the Registrar’s costs in connection with the proceedings for the restoration of the company to the Companies Register; and
(c) if any property or right previously vested in or held on trust for the company has been vested in the Government under section 752(1), the payment of the Government’s costs, expenses and liabilities in dealing with the property or right during the period of dissolution, or in connection with the proceedings on the application.

769. Company’s name on restoration
If a company is restored to the Companies Register under this Division, it is restored under its former name.