Political situation
Written by: Luo Jiaqing
2021-07-05 18:37
Last update date: 2021-07-05 18:37
The government previously gazetted amendments to the company search arrangements. Under the new arrangement, the usual residential addresses and full ID numbers of company directors that were previously available for inspection by all searchers will be classified as "protected information" and only available to 7 types of "specified persons" "Applications for access include data subjects and their authorized persons, public officials or public institutions, persons or institutions that need to use protected data for performing statutory functions, lawyers, accountants, financial institutions, and designated non-financial personnel.
The Legislative Council today (5th) convened the subcommittee on subsidiary legislation related to the new search arrangement for the first time, chaired by Chen Zhenying, a member of the Financial Sector Legislative Council.
At the meeting, some members were concerned that the new arrangement might cause inconvenience to the labor union in handling labor disputes. Other members were concerned that after the amendment, the names of all company directors should be required to be the same as those on the ID documents for identification.
Xu Zesen, Deputy Secretary-General of the Bureau of Financial Services and the Treasury, stated that the Companies Registry will be required to strictly implement the new arrangements to ensure that the names of all company directors must be the same as the ID documents. If they do not follow the prescription, the applicant will be required to update, and there is still a chance if they do not follow. Violation of the Companies Ordinance.
Lu Songxiong advocates the listing of trade union representatives as "specified persons"
Lu Songxiong, a member of the Legislative Council of the Federation of Trade Unions, said that after the revision of the company search arrangement, it will be inconvenient and troublesome for the union to handle labor disputes. He believes that if the company has closed down or the address provided by the company directors is invalid, it will be difficult to assist employees in dealing with related issues.
He suggested that the government should include unions claiming compensation on behalf of employees as "specified persons" so that they can conduct searches when necessary.
Lu Songxiong mentioned that the government responded earlier suggesting that they can find a lawyer for assistance, but he emphasized that finding a lawyer to assist in the search is an additional cost for the wage earners.
In response, Xu Zesen stated that the bureau tends to deal with "specified persons" in a prudent manner, believing that the persons concerned must have statutory functions and impose legal responsibilities under the law. However, the trade union does not have corresponding legal requirements and responsibilities, so it is not listed after the measurement. Into.
He said that employees or unions can seek help from the Labour Department if necessary, stressing that the Labour Department is not affected by the new search arrangements and can assist in handling relevant situations.
Lu Songxiong, a member of the Legislative Council of the Federation of Trade Unions, suggested that the government should include trade unions claiming compensation on behalf of employees as "specified persons" so that they can conduct searches when necessary.
(Photo by Luo Junhao)
Lu Songxiong asked if the correspondence address provided by the director of the company was found to be invalid, how long would it take to apply to the relevant person for other contact methods or addresses.
Xu Zesen pointed out that anyone can lodge a complaint on this matter, and the Companies Registry will follow up immediately. Generally, a letter will be sent to the director to verify whether the correspondence address is invalid, and then the other party will be given a 14-day reply.
He emphasized that it is necessary to ensure the accuracy of the information in the register and to give the directors a reasonable opportunity for clarification or defense.
Bureau of Finance and the Treasury: "Specified Persons" set up special authorization for account search without requiring every application
Tian Beichen, a member of the Legislative Council of the Real Political Roundtable, said that if there is a situation where "the same person does not have the same name", it is difficult for the bureau to know whether the same person is. The name of the certificate is the same.
Xu Zesen said that administratively, the registration information has always been required to be the same as the ID card name, but in the past, it was not strictly enforced in every case.
He emphasized that after the amendment, the company will require strict implementation of the requirements of the Companies Registry, and emphasized that the names of directors must be the same as the names of the ID cards. If the applicants are not required to update according to the Companies Registry, there is a chance that they will violate the Companies Ordinance if they do not follow.
Zhang Huafeng from the financial services industry asked how long it would normally take to process the status of a "specified person".
Xu Zesen said that the processing method is simple. After the "specified person" has confirmed the registration identity, there will be a specially authorized account to conduct a search, without the need for each application.
Zhang Huafeng is concerned about how to prevent unruly persons from using the identity of "specified persons" to access other people's information and then giving them to debt collection agencies or to collect benefits. Xu Zesen said that "specified persons" must comply with legal requirements when conducting searches. It is necessary to make a statement to confirm the purpose, otherwise it is to make a false statement.
Tian Beichen said that if there is a situation where "the same person does not have the same name", it is difficult for the bureau to know whether it is the same person. After the revision of the company search arrangement, it will require all company directors to register the same name as the ID card name.
(Photo by Lu Yiming)
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The first phase of the new search came into effect on 8.23
The government gazetted earlier that the new search arrangement will be implemented in three phases. The first phase will take effect on August 23, allowing companies to replace their usual addresses with directors’ correspondence addresses on the register, as well as partial identification of directors and company secretaries. The number replaces the full number for public inspection.
The second phase will be implemented on October 24, 2022. The protected information contained in the index of directors in the company register must be replaced by correspondence address and part of the identification number for public inspection. "Protected information" will no longer be available to the public Access, and the "specified person" must separately request access to the protected information of directors, etc., to the Companies Registry.
Phase 3 will start on December 27, 2023. Data subjects can apply to the Companies Registry to not provide the protected information contained in the documents registered with the Companies Registry before the start of Phase 2 and use their correspondence address And part of the identification number instead of public inspection, "specified persons" can still request access to the protected information of directors, etc., to the Companies Registry.
▼2020 ``Clang Collection'' ``721 Who Controls the Truth''▼
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