Bills Committee on
Companies (Amendment) Bill 2003

Twenty-sixth Meeting on
Thursday, 20 May 2004, at 10:45 am
in Conference Room B of the Legislative Council Building

Agenda

I.Confirmation of minutes of meeting
(10:45 am - 10:50 am)

LC Paper No.

Minutes of meeting on 6 May 2004

CB(1)1854/03-04
(issued on 18 May 2004)

II.Meeting with the Administration
(10:50 am - 12:40 pm)

Matters arising from previous meetings

LC Paper No.

List of issues requiring follow-up actions by the Administration on Schedule 3 of the Bill (Position as at 19 May 2004)

CB(1)1867/03-04(01)
(issued on 19 May 2004)

Submission from Hong Kong Society of Accountants dated 27 October 2003 on Schedule 3 of the Bill

CB(1)185/03-04(01)
(English version only)
(issued on 28 October 2003)

Administration's response to Hong Kong Society of Accountants's submission dated 27 October 2003

CB(1)1504/03-04(07)
(issued on 13 April 2004)

Submission from Hong Kong Society of Accountants dated 3 May 2004 on Schedule 3 of the Bill

CB(1)1702/03-04(03)
(English version only)
(issued on 4 May 2004)

Administration's response to Hong Kong Society of Accountants's submission dated 3 May 2004

CB(1)1867/03-04(02)
(English version only)
(issued on 19 May 2004)

Administration's letter dated 29 April 2004 to the Hong Kong Association of Banks on the proposed concept of property being "brought into Hong Kong" in relation to the amendments to section 91 of the Companies Ordinance

CB(1)1804/03-04(02)
(English version only)
(issued on 12 May 2004)

The Hong Kong Association of Banks' response to the Administration's letter dated 29 April 2004

CB(1)1804/03-04(03)
(English version only)
(issued on 12 May 2004)

Administration's response to the Hong Kong Association of Banks' letter dated 7 May 2004

CB(1)1867/03-04(03)
(English version only)
(issued on 19 May 2004)

Clause-by-clause examination of Schedule 3 of the Bill

LC Paper No.

Bill gazetted on 13 June 2003

CB(3)733/02-03
(issued on 13 June 2003)

Administration's paper on revised proposed amendments to Schedule 3 and Part 3 of Schedule 5 to the Companies (Amendment) Bill 2003

CB(1)1867/03-04(04)
(issued on 19 May 2004)

Marked-up copy of revised proposed amendments to Schedule 3 and Part 3 of Schedule 5 to the Companies (Amendment) Bill 2003

CB(1)1867/03-04(05)
(English version issuedon 19 May 2004,Chinese version to follow)

Submissions in response to Administration's Consultation Paper on Statutory Derivative Action (Schedule 4 of the Bill)

LC Paper No.

Administration's consultation paper on Statutory Derivative Action

CB(1)1613/03-04(01)
(English version only)
(issued on 23 April 2004)

The Association of Chartered Certified Accountants

CB(1)1746/03-04(01)
(English version only)
(issued on 7 May 2004)

Mandatory Provident Fund Schemes Authority

CB(1)1746/03-04(02)
(English version only)
(issued on 7 May 2004)

Office of the Privacy Commissioner for Personal Data, Hong Kong

CB(1)1746/03-04(03)
(English version only)
(issued on 7 May 2004)

Securities and Futures Commission

CB(1)1746/03-04(04)
(English version only)
(issued on 7 May 2004)

Standing Committee on Company Law Reform

CB(1)1746/03-04(05)
(English version only)
(issued on 7 May 2004)

W H Lam & Company

CB(1)1746/03-04(06)
(English version only)
(issued on 7 May 2004)

Mr David Webb

CB(1)1746/03-04(07)
(English version only)
(issued on 7 May 2004)

Estate Agents Authority

CB(1)1770/03-04(01)
(English version only)
(issued on 10 May 2004)

The DTC Association(The Hong Kong Association of Restricted Licence Banks and Deposit-taking Companies)

CB(1)1770/03-04(02)
(English version only)
(issued on 10 May 2004)

The Hong Kong Association of Banks

CB(1)1770/03-04(03)
(English version only)
(issued on 10 May 2004)

The Hong Kong Institute of Company Secretaries

CB(1)1770/03-04(04)
(English version only)
(issued on 10 May 2004)

The Hong Kong Mortgage Corporation Limited

CB(1)1770/03-04(05)
(English version only)
(issued on 10 May 2004)

The Law Society of Hong Kong

CB(1)1770/03-04(06)
(English version only)
(issued on 10 May 2004)

Consumer Council

CB(1)1807/03-04(01)
(English version only)
(issued on 12 May 2004)

Mr John Brewer

CB(1)1807/03-04(02)
(English version only)
(issued on 12 May 2004)

The Society of Chinese Accountants and Auditors

CB(1)1822/03-04(01)
(English version only)
(issued on 13 May 2004)

Federation of Hong Kong Industries

CB(1)1844/03-04(01)
(English version only)
(issued on 17 May 2004)

Hong Kong Society of Accountants

CB(1)1844/03-04(02)
(English version only)
(issued on 17 May 2004)

The Hong Kong Institute of Directors

CB(1)1844/03-04(03)
(English version only)
(issued on 17 May 2004)

Summary of submissions in response to Administration's Consultation Paper on Statutory Derivative Action and the Administration's response

CB(1)1867/03-04(06)
(to follow)

Administration's papers on Schedule 3 of the Bill considered at previous meetings

LC Paper No.

Administration's paper on follow-up actions arising from the discussion at the meeting on 6 May 2004

CB(1)1804/03-04(01)
(English and Chinese versions issued on12 and 19 May 2004 respectively)

Administration's paper on follow-up actions arising from the discussion at the meeting on 26 April 2004

CB(1)1743/03-04(01)
(English and Chinese versions issued on6 and 7 May 2004 respectively)

Administration's paper on follow-up actions arising from the discussion at the meeting on 22 April 2004

CB(1)1702/03-04(01)
(issued on 4 May 2004)

Administration's paper on follow-up actions arising from the discussion at the meeting on 15 April 2004

CB(1)1566/03-04(01)
(English and Chinese versions issued on22 and 23 April 2004 respectively)

III.Any other business
(12:40 pm - 12:45 pm)

(A list of other relevant papers previously issued is in the Appendix.)

Council Business Division 1
Legislative Council Secretariat
19 May 2004

Appendix to Agenda

List of other relevant papers issued previously

Written submissions and Administration's response relating to Schedule 3 of the Bill

Organizations/individualsWritten submissionsAdministration's response

LC Paper No.LC Paper No.

The Hong Kong Institute of Company Secretaries

CB(1)2504/02-03 (13)
(English version only)
(issued on 25 September 2003)

CB(1)798/03-04(02)
(issued on 16 January 2004)

Hong Kong Small and Medium Enterprises Association

CB(1)217/03-04(01)
(Chinese version only)
(issued on 31 October 2003)

CB(1)1504/03-04(01)
(issued on 13 April 2004)

The Law Society of Hong Kong

(Submission dated 19 September 2003)

CB(1)2504/02-03 (08)
(English version only)
(issued on 25 September 2003)

CB(1)2521/02-03 (06)
(issued on 30 September 2003)

The Law Society of Hong Kong
(Submission dated 16 October 2003)

CB(1)102/03-04(01)
(English version only)
(issued on 17 October 2003)

CB(1)1504/03-04(02)
(issued on 13 April 2004)

The Hong Kong Chinese Enterprises Association

CB(1)2521/02-03 (01)
(English version only)
(issued on 30 September 2003)

CB(1)1504/03-04(03)
(issued on 13 April 2004)

Linklaters

CB(1)2504/02-03 (11)
(English and Chinese versions issued on 25 and 30 September 2003 respectively)

CB(1)1504/03-04(04)
(issued on 13 April 2004)

The Hong Kong Associationof Banks

CB(1)2504/02-03 (09)
(English version only)
(issued on 25 September 2003)

CB(1)2521/02-03 (07)
(issued on 30 September 2003)

Office of the Privacy Commissioner for Personal Data, Hong Kong
(Submission dated 16 September 2003)

CB(1)2504/02-03 (05)
(issued on 25 September 2003)

CB(1)2521/02-03 (05)
(English and Chinese versions issued on30 September and3 October 2003 respectively)

Office of the Privacy Commissioner forPersonal Data, Hong Kong
(Submission dated 14 October 2003)

CB(1)74/03-04(03)
(issued on 15 October 2003)

CB(1)387/03-04(01)
(English and Chinese versions issued on21 November and8 December 2003 respectively)

Office of the Privacy Commissioner forPersonal Data, Hong Kong
(Submission dated 3 December 2003)

CB(1)1504/03-04(05)
(issued on 13 April 2004)

CB(1)1504/03-04(06)
(issued on 13 April 2004)

Summary of written submissions and the Administration's response on Schedule 3 of the Bill (Position as at 13 April 2004)

CB(1)1504/03-04(08)
(issued on 13 April 2004)

Correspondence between Assistant Legal Adviser 7 (ALA7) and the Administration on Schedule 3 of the Bill

ALA7's letterAdministration's reply

LC Paper No.LC Paper No.

Letter dated 8 April 2004 from ALA7 to the Administration on Schedule 3 of the Bill

CB(1)1504/03-04(09)
(issued on 13 April 2004)

CB(1)1566/03-04(03)
(issued on 20 April 2004)

Reference information provided by the Administration

LC Paper No.

Draft Form NC1 - Application for Incorporation of a Company Limited by Shares

CB(1)1603/03-04(01)
(issued on 23 April 2004)

Draft Form NC1G - Application for Incorporation of a Company other than a Company Limited by Shares

CB(1)1603/03-04(02)
(issued on 23 April 2004)

Draft Form N1 - Particulars of a Non-Hong Kong Company Registered in Hong Kong

CB(1)1640/03-04(01)
(issued on 26 April 2004)

Draft Form N3 - Annual Return of a Non-Hong Kong Company

CB(1)1640/03-04(02)
(issued on 26 April 2004)

Form M5 - Notification of Appointment of Receiver or Manager

CB(1)1745/03-04(02)
(issued on 7 May 2004)

Comparison table between provisions in relation to oversea companies and incorporation procedures in the Companies Ordinance, Companies (Amendment) Bill 2003, UK Companies Act 1985, Australian Corporations Act 2001 and Singapore Companies Act provided by the Administration(Revised)

CB(1)1566/03-04(04)
(issued on 20 April 2004)


Council Business Division 1
Legislative Council Secretariat
19 May 2004