COMPANIES REGISTRY ELECTRONIC SEARCH SERVICES

Terms and Conditions

Application
1.	The unregistered on-line user ("the Unregistered User") requests the Registrar of Companies ("the Registrar") and the Registrar, upon receiving the Unregistered User's acceptance of the terms and conditions hereinafter set out, agrees to provide search services ("e-Search Services") through the Cyber Search Centre of the Integrated Companies Registry Information System ("ICRIS") whereby the Unregistered User is able to obtain on-line access through the Cyber Search Centre to the databases of public records of company information managed and updated by the Registrar.
e-Search Services
2.	(a)	The e-Search Services will enable the Unregistered User to:
		(i) access on-line the company records kept by the Registrar in such form as may be made available by the Registrar; and
		(ii) submit orders for and obtain copies and certified copies of documents or information contained in any record kept by the Registrar and in such form as may be made available by the Registrar.
	(b)	Except for maintenance work, e-Search Services shall normally be provided on a twenty four-hour seven-day week basis.
Customers' obligations
3.	Without prejudice to the generality of the other terms and conditions herein, e-Search Services shall not be made available to the Unregistered User unless the Unregistered User has acquired and made available the necessary computer hardware, software and communications link. The Unregistered User shall be solely responsible for these arrangements and shall enter into such contracts and bear all expenses as may be required by any provider of the computer hardware, software, network and communications link and the Registrar shall not be responsible for any obligations, expenses or liabilities suffered or incurred by the Unregistered User in connection therewith.
4.	The Registrar shall be under no obligation whatsoever to investigate or verify the authority of persons using e-Search Services. The Unregistered User agrees to indemnify the Registrar and the Companies Registry ("the Registry") against any loss, damage or liability suffered by the Registrar or the Registry as a result of or in connection with the use of e-Search Services by the Unregistered User.
5.	The Unregistered User acknowledges the Registry's proprietary interest and copyright in the data and documentation provided in connection with e-Search Services and undertakes not to sell the data in any form or make copies of the documentation from which products may be derived for resale without the prior written consent of the Registrar.
6.	The Unregistered User shall comply with legislation relating to data protection and copyright in connection with data and documentation provided by e-Search Services.
7.	The Registrar reserves the right to add to, delete and/or vary the terms and conditions for using e-Search Services and use of the e-Search Services available through ICRIS implies that the Unregistered User accepts such terms and conditions.
Payment
8.	Upon making a request for e-Search Services, the Unregistered User shall pay the appropriate fee for the service requested to the Registrar by way of the payment methods provided by the Cyber Search Centre.
9.	For the avoidance of doubt, the relevant fees under section 304(4) and the Eighth Schedule of the Companies Ordinance shall be due and payable by the Unregistered User to the Registrar as soon as –
	a search function has been performed in such format as may be prescribed by the Registrar; or any order of the type referred to in Clause 2(a)(ii) above has been submitted by the Unregistered User through ICRIS.
Suspension of Services
10.	The Registrar reserves the right to modify, vary or discontinue any aspect of the e-Search Services which may be provided to the Unregistered User at his sole discretion and without prior notice.
Limitation of liability
11.	The Registrar does not guarantee the reliability of the on-line network through which information, messages or instructions are transmitted to and from ICRIS. Neither the Registrar, the Registry, the Government of the Hong Kong Special Administrative Region, nor their officers or employees shall be responsible for any delays or failure in transmission, receipt or execution of information, messages or instructions due to a breakdown or failure of communication facilities or to any other cause whatsoever and they shall not be liable for any losses, fees, costs, expenses, damages and liabilities suffered or incurred as a result thereof.
Governing law
12.	The terms and conditions herein shall be governed by the laws of the Hong Kong Special Administrative Region.

Privacy Statements

Personal Data (Privacy) Ordinance (Cap 486)

1.	The Companies Registry is empowered, pursuant to various provisions in the Companies Ordinance (Cap 32), Limited Partnerships Ordinance (Cap 37), and Registered Trustees Incorporation Ordinance (Cap 306), to collect personal data for inclusion in its public registers. The purposes of collecting data have been laid down separately in the Personal Information Collection Statements ("PICS") below.
2.	Members of the public searching the registers are reminded that subsequent use of personal data obtained from the public registers should be limited to the purposes for which the data are made available.
3.	The provisions of the Personal Data (Privacy) Ordinance ("PDPO") apply to the use of personal data obtained from the Companies Registry's public registers. Any person who uses personal data for any purpose other than the purposes stated in the PICS or in contravention of the requirements under the PDPO is liable to pay compensation and may be subject to action under the relevant Ordinance.
4.	Individuals have a right to request access to and correction of his/her personal data held in the public register maintained by the Companies Registry pursuant to sections 18 and 22 of the PDPO. Any such request for access to and correction of such personal data may be made to any officer acting for or on behalf of the Registrar of Companies at the Companies Registry, 15th Floor, Queensway Government Offices, 66 Queensway, Hong Kong.

Personal Information Collection Statements (PICS)
Companies Ordinance (Cap 32)

Purpose of Collection
1.	Personal data provided pursuant to any requirement in the Companies Ordinance will be used by the Companies Registry for one or more of the following purposes:
	(a)	to administer the Companies Ordinance;
	(b)	to enforce relevant provisions of the Companies Ordinance;
	(c)	to enable any member of the public to ascertain whether he is dealing with –
		(i)	a specified corporation, or its directors or other officers, in matters of or connected with any act of such specified corporation;
		(ii)	a director or other officers of a specified corporation in matters of or connected with the administration of the specified corporation, or of its property;
		(iii)	a former director of a specified corporation against whom a disqualification order referred to in section 168D(1) of the Companies Ordinance has been made by the court;
		(iv)	a person who has entered into possession of the property of a specified corporation as mortgagee;
		(v)	a person who is appointed as the provisional liquidator or liquidator in the winding up of a specified corporation; or
		(vi)	a person who is appointed as the receiver or manager of the property of a specified corporation; and
		(vii)	ascertain the particulars of that specified corporation, its directors or other officers, or former directors (if any), or the particulars of that mortgagee, provisional liquidator, liquidator, receiver or manager, as the case may be, for the purposes of paragraphs (i) to (vi) above;
	(d)	to provide copies of any documents containing such personal data to any person subject to payment of a fee; and
	(e)	to administer functions of the Companies Registry in relation to simultaneous business registration applications under the Business Registration Ordinance (Cap 310).
Classes of Transferees
2.	(a)	The personal data collected by means of the Companies Registry's Specified Forms will be disclosed in the Companies Registry's public registers for public inspection.
	(b)	Some personal data as required under the Business Registration Ordinance (Cap 310) will be transmitted to the Commissioner of Inland Revenue for the purposes of business registration. The Commissioner of Inland Revenue will use the data for tax purposes and may disclose the data to other parties authorised by law to receive it.

Limited Partnerships Ordinance (Cap 37)

Purpose of Collection
1.	Personal data provided to the Registrar of Companies ("the Registrar") pursuant to any requirement contained in the Limited Partnerships Ordinance will be used by the Registrar for one or more of the following purposes:
	(a)	to process applications for registration as a limited partnership under the Limited Partnerships Ordinance;
	(b)	to administer the Limited Partnerships Ordinance;
	(c)	to enforce relevant provisions of the Limited Partnerships Ordinance;
	(d)	to make information contained in personal data registered under the Limited Partnerships Ordinance available for public inspection; and
	(e)	to provide copies of any documents containing such personal data to any person subject to payment of a fee.
Classes of Transferees
2.	The personal data collected will be disclosed in the Companies Registry's public registers for public inspection.

Registered Trustees Incorporation Ordinance (Cap 306)

Purpose of Collection
1.	Personal data provided to the Registrar of Companies ("the Registrar") pursuant to any requirement contained in the Registered Trustees Incorporation Ordinance will be used by the Registrar for one or more of the following purposes:
	(a)	to process applications for registration as a registered trustees corporation under the Registered Trustees Incorporation Ordinance;
	(b)	to administer the Registered Trustees Incorporation Ordinance;
	(c)	to enforce relevant provisions of the Registered Trustees Incorporation Ordinance;
	(d)	to make information contained in personal data registered under the Registered Trustees Incorporation Ordinance available for public inspection; and
	(e)	to provide copies of any documents containing such personal data to any person subject to payment of a fee.
Classes of Transferees
2.	The personal data collected will be disclosed in the Companies Registry's public registers for public inspection.