The Companies Overseas Branch Registers (Hong Kong) Order 1997

Statutory Instruments

1997 No. 1313

COMPANIES

The Companies Overseas Branch Registers (Hong Kong) Order 1997

Made

20th May 1997

Laid before Parliament

30th May 1997

Coming into force

1st July 1997

At the Court at Buckingham Palace, the 20th day of May 1997

Present,

The Queen’s Most Excellent Majesty in Council

Whereas section 1(1) of the Hong Kong Act 1985(1) provides that as from 1st July 1997 (“the relevant date”) Her Majesty shall no longer have sovereignty or jurisdiction over any part of Hong Kong:

And whereas from the relevant date Hong Kong will no longer be a part of Her Majesty’s dominions for the purposes of section 362 of the Companies Act 1985 (overseas branch registers)(2) or Article 370 of the Companies (Northern Ireland) Order 1986(3):

And whereas paragraph 3(2) of the Schedule to the Hong Kong Act 1985 provides that Her Majesty may before, on or after the relevant date by Order in Council make such provision as appears to Her Majesty to be necessary or expedient in consequence of or in connection with the provisions of section 1(1) of that Act for repealing or amending, so far as it relates to Hong Kong, any enactment forming part of the law of, or of any part of, the United Kingdom or of a British possession other than Hong Kong:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by paragraph 3(2) of the Schedule to the Hong Kong Act 1985, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Companies Overseas Branch Registers (Hong Kong) Order 1997 and shall come into force on 1st July 1997.

2.  In the list of countries and territories in Part I of Schedule 14 to the Companies Act 1985 (which specifies the countries and territories in which an overseas branch register may be kept) and in the corresponding list in Part I of Schedule 14 to the Companies (Northern Ireland) Order 1986 (corresponding provision for Northern Ireland) there shall be inserted at the appropriate place in alphabetical order in each the following entry:

• “The Hong Kong Special Administrative Region of the People’s Republic of China”.

3.  This Order extends to Northern Ireland.

N. H. Nicholls

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 1st July 1997, amends Part I of Schedule 14 to the Companies Act 1985, which specifies the countries and territories in which by virtue of section 362 of that Act a company may cause to be kept in such country or territory a branch register of members there resident, by inserting a reference to the Hong Kong Special Administrative Region of the People’s Republic of China.

Part I of Schedule 14 will thereby continue to apply to Hong Kong after 30 June 1997 notwithstanding that the Region will not be a part of Her Majesty’s dominions.

The Order makes a corresponding amendment to Part I of Schedule 14 to the Companies (Northern Ireland) Order 1986.

(1)

1985 c. 15.

(2)

1985 c. 6.

(3)

S.I. 1986/1032.