### Companies Ordinance 《公司條例》

798. Registrar may strike off registered non-Hong Kong company’s name
(1) After publishing a notice under section 796(3) or 797(2)(b), the Registrar may, unless cause is shown to the contrary, strike the registered non-Hong Kong company’s name off the Companies Register at the end of 3 months after the date of the notice.
(2) The Registrar must publish in the Gazette a notice indicating that the non-Hong Kong company’s name has been struck off the Companies Register.
(3) On publication of the notice under subsection (2), the non-Hong Kong company is no longer a registered non-Hong Kong company.
(4) Subject to subsection (5), the non-Hong Kong company must not have a place of business in Hong Kong as long as it is not a registered non-Hong Kong company.
(5) Subsection (4) does not prohibit the non-Hong Kong company from having a place of business in Hong Kong that is established after the publication of the notice under subsection (2) if it applies for registration under section 776(2) within one month after establishing that place of business.
(6) If a non-Hong Kong company contravenes subsection (4), the company, every responsible person of the company, and every agent of the company who authorizes or permits the contravention, commit an offence, and each is liable to a fine at level 5 and, in the case of a continuing offence, to a further fine of $1,000 for each day during which the offence continues.

799. Application to Registrar for restoration of non-Hong Kong company
(1) This section applies if a non-Hong Kong company’s name—
(a) has been struck off the Companies Register under section 798; or
(b) has been struck off the register of companies by virtue of section 339A(2) of the predecessor Ordinance.
(2) A person who is a director or member of the non-Hong Kong company may apply to the Registrar for the restoration of the company to the Companies Register.
(3) An application must be made within 6 years after the date of the striking off. For this purpose, an application is made when it is received by the Registrar.
(4) An application must be accompanied by a statement—
(a) that the applicant is a director or member of the non-Hong Kong company; and
(b) that the conditions specified in section 800(2) are met.
(5) The Registrar may accept the statement as sufficient evidence of the matters mentioned in subsection (4)(a) and (b).

### Companies Ordinance 《公司條例》

800. Conditions for granting application
(1) The Registrar must not grant an application made under section 799 unless all the conditions specified in subsection (2), and any other conditions that the Registrar thinks fit, are met.
(2) The conditions are—
(a) that the non-Hong Kong company had at the time of the application, and at any time within the period of 6 months before its name was struck off the Companies Register, a place of business in Hong Kong; and
(b) that the applicant has delivered to the Registrar the documents relating to the non-Hong Kong company that are necessary to bring up to date the records kept by the Registrar.

801. Registrar’s decision on application
(1) The Registrar must notify the applicant of the decision on an application made under section 799.
(2) If the Registrar grants the application, the non-Hong Kong company is restored to the Companies Register on the date on which notification is given under subsection (1), and the Registrar must register the notification and publish in the Gazette a notice of the restoration.
(3) On the restoration, the striking off is to be regarded as not having taken place.

802. Registrar to keep index of directors
(1) The Registrar must keep an index of every person who is a director of a registered non-Hong Kong company.
(2) The particulars contained in the index must, in respect of each director, include—
(a) the name and address of the director;
(b) the latest particulars sent to the Registrar in respect of the director;
(c) the name of each company or registered non-Hong Kong company of which the director can be identified as a director.
(3) The index kept under this section must be open to the inspection of any person on payment of a prescribed fee.
(4) Despite subsection (3), the following particulars contained in the index must not be open for inspection under that subsection—
(a) the usual residential address of the director;
(b) the full number of the identity card or passport of the director.
(5) Subsection (4) does not affect the inclusion in the index of a correspondence address of the director, nor does it affect the inspection of the correspondence address under subsection (3), even if the correspondence address is the same as the usual residential address of the director.

### Companies Ordinance 《公司條例》

804. Financial Secretary may make regulations
(1) The Financial Secretary may make regulations providing for the application of this Ordinance in relation to the accounts that have been revised under section 790.
(2) The regulations may—
(a) make different provisions according to whether the accounts have been revised by—
(i) supplementing the accounts with another document that shows the revisions; or
(ii) replacing the accounts;
(b) require a registered non-Hong Kong company to take the steps specified in the regulations in relation to the accounts that have been revised; and
(c) apply this Ordinance to the accounts that have been revised subject to such additions, exceptions and modifications as are specified in the regulations.
(3) The regulations may provide that any of the following is an offence, punishable by a fine or imprisonment, or both—
(a) a failure to take all reasonable steps to secure compliance as respects the accounts that have been revised with—
(i) a specified provision of the regulations; or
(ii) a specified provision of this Ordinance as having effect under the regulations;
(b) a contravention of—
(i) a specified provision of the regulations; or
(ii) a specified provision of this Ordinance as having effect under the regulations.
(4) The maximum fine that may be prescribed for an offence committed wilfully is $300,000 and the maximum imprisonment is 12 months. The maximum fine that may be prescribed for an offence not committed wilfully is $300,000. In addition, in the case of a continuing offence, a further fine not exceeding $2,000 for each day during which the offence continues may be prescribed.
(5) The regulations may provide for defences to any such offence.