COMPANIES REGISTRY ELECTRONIC SEARCH SERVICES

Terms and Conditions

Application
1.	The unregistered online 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") of the Integrated Companies Registry Information System ("ICRIS") whereby the Unregistered User is able to obtain online access to the databases of public records of information managed and updated by the Registrar.
e-Search Services
2.	(a)	e-Search Services will, subject to any restriction imposed by law or a court order, enable the Unregistered User to:
		(i)	access online the databases of public records of information kept by the Registrar in such form and to such extent 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 and to such extent 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.
Users' 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 e-Search Services.
9.	For the avoidance of doubt, the relevant fees under section 26 of the Companies Ordinance (Cap. 622), the Companies (Fees) Regulation (Cap. 622K), section 112ZQ of the Securities and Futures Ordinance (Cap. 571), the Securities and Futures (Open-ended Fund Companies)(Fees) Regulation (Cap. 571AR), section 98 of and Schedule 3 to the Limited Partnership Fund Ordinance (Cap. 637), section 16 of and the Schedule to the Limited Partnerships Ordinance (Cap. 37) and section 15 of and the Second Schedule to the Registered Trustees Incorporation Ordinance (Cap. 306) shall be due and payable by the Unregistered User to the Registrar as soon as:
		(i)	a search function has been performed in such format as may be prescribed by the Registrar; or
		(ii)	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 e-Search Services to the Unregistered User at his sole discretion and without prior notice.
Limitation of Liability
11.	The information provided is taken from documents filed with the Registry. The Registry shall not be liable for the provision of any incorrect or incomplete information due to any cause whatsoever and shall not be liable for any losses, fees, costs, expenses, damages and liabilities suffered or incurred as a result thereof.
12.	The Registrar does not guarantee the reliability of the online 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
13.	The terms and conditions herein shall be governed by the laws of the Hong Kong Special Administrative Region.

Privacy Statements

Personal Information Collection Statement for e-Search Services

Purpose of Collection
1.	Personal data provided by the searcher to the Registrar in this application for e-Search Services will be used by the Registrar for the purpose of carrying out the Companies Registry's functions relating to the provision of services by the Companies Registry.
2.	Provision of the searcher's personal data is voluntary. If the personal data are not provided, the searcher will not be able to access the e-Search Services.
Classes of Transferees
3.	The personal data provided by the searcher may be disclosed or transferred to relevant parties where such disclosure or transfer is necessary for the purpose as stated in paragraph 1 above. Such personal data may also be disclosed or transferred to law enforcement agencies as permitted under the Personal Data (Privacy) Ordinance (Cap. 486).
Notice
4.	The searcher has the right to request access to and correction of his/her personal data held by us pursuant to sections 18 and 22 of the Personal Data (Privacy) Ordinance (Cap. 486). 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 at the Companies Registry, 15th Floor, Queensway Government Offices, 66 Queensway, Hong Kong.

Personal Data (Privacy) Ordinance (Cap. 486)

1.	The Companies Registry has been and is empowered, pursuant to various provisions in the Companies Ordinance (Cap. 622), the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32), the Companies Ordinance (Cap. 32) as in force before the commencement of the Companies Ordinance (Cap. 622) ("Predecessor Companies Ordinance"), the Securities and Futures Ordinance (Cap. 571), the Securities and Futures (Open-ended Fund Companies) Rules (Cap. 571AQ), the Limited Partnership Fund Ordinance (Cap. 637), the Limited Partnerships Ordinance (Cap. 37) and the Registered Trustees Incorporation Ordinance (Cap. 306), to collect personal data for inclusion in its public registers (including the Companies Register). 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 (Cap. 486) ("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 enforcement action under the PDPO.
4.	Individuals have a right to request access to and correction of his/her personal data held in the public registers 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 ("the Registrar") at the Companies Registry, 15th Floor, Queensway Government Offices, 66 Queensway, Hong Kong.

Personal Information Collection Statements (PICS)
Companies Ordinance (Cap. 622), Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) and Predecessor Companies Ordinance

Purpose of Collection
1.	Personal data provided to the Registrar of Companies ("the Registrar") pursuant to any requirement of the Companies Ordinance (Cap. 622), the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) and the Companies Ordinance (Cap. 32) as in force from time to time before the commencement date of the Companies Ordinance (Cap. 622) (“Predecessor Ordinance”) will be used by the Registrar for one or more of the following purposes:
	(a)	to administer the Companies Ordinance (Cap. 622), the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) and those provisions (if any) of the Predecessor Ordinance that have been repealed but are still having continuing effect;
	(b)	to enforce relevant provisions of the Companies Ordinance (Cap. 622), the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) and those provisions (if any) of the Predecessor Ordinance that have been repealed but are still having continuing effect;
	(c)	to make available for public inspection the Companies Register (containing personal data) pursuant to relevant provisions of the Companies Ordinance (Cap. 622), so as to enable any member of the public –
		I.	to ascertain whether the member of the public is dealing with –
			(i)	a company to which section 45(1) of the Companies Ordinance (Cap. 622) applies, or its directors or other officers, in matters of or connected with any act of the company;
			(ii)	a director or other officers of such a company in matters of or connected with the administration of the company, or of its property;
			(iii)	a person against whom a disqualification order has been made by a court;
			(iv)	a person who has entered into possession of the property of such a company as mortgagee;
			(v)	a person who is appointed as the provisional liquidator or liquidator in the winding up of such a company; or
			(vi)	a person who is appointed as the receiver or manager of the property of such a company; and
		II.	to ascertain the particulars of the company, its directors or other officers, or its former directors (if any), or the particulars of any person mentioned in paragraphs I (iv) to (vi) above;
	(d)	to provide copies of any documents containing such personal data to any person pursuant to relevant provisions of the Companies Ordinance (Cap. 622) and subject to payment of a fee;
	(e)	to disclose information containing such personal data pursuant to relevant provisions in Division 7 of Part 2 of the Companies Ordinance (Cap. 622); and
	(f)	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 will be available in the Companies Register for public inspection subject to any restriction in law.
	(b)	The information containing personal data collected may be disclosed pursuant to relevant provisions in Division 7 of Part 2 of the Companies Ordinance (Cap. 622) (i) on application made for the purposes of relevant provisions in Division 7 of Part 2 of the Companies Ordinance (Cap. 622), to the persons specified in the regulations made thereunder; or (ii) on application made to the court, to the persons specified in the court order.
	(C)	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.
Notice
3.	The provisions of the Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO") apply to the use of personal data obtained from the Companies Registry's public registers (including the Companies Register). 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 enforcement 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 registers 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 at the Companies Registry, 15th Floor, Queensway Government Offices, 66 Queensway, Hong Kong.

Securities and Futures Ordinance (Cap. 571) and Securities and Futures (Open-ended Fund Companies) Rules (Cap. 571AQ)

Purpose of Collection
1.	Personal data provided to the Registrar pursuant to any requirement of the Securities and Futures Ordinance (Cap. 571) and the Securities and Futures (Open-ended Fund Companies) Rules (Cap. 571AQ) will be used by the Registrar for one or more of the following purposes:
	(a)	to administer the Securities and Futures Ordinance (Cap. 571) and the Securities and Futures (Open-ended Fund Companies) Rules (Cap. 571AQ);
	(b)	to enforce relevant provisions of the Securities and Futures Ordinance (Cap. 571) and the Securities and Futures (Open-ended Fund Companies) Rules (Cap. 571AQ);
	(c)	to make available for public inspection the OFC register (containing personal data), so as to enable any member of the public –
		I.	to ascertain whether the member of the public is dealing with -
			(i)	an open-ended fund company or its directors, in matters of or connected with any act of the company;
			(ii)	a director of an open-ended fund company, in matters of or connected with the administration of the company, or of its property;
			(iii)	a person who has entered into possession of the property of an open-ended fund company as mortgagee;
			(iv)	a person who is appointed as the provisional liquidator or liquidator in the winding up of an open-ended fund company under Part 11 of the Securities and Futures (Open-ended Fund Companies) Rules (Cap. 571AQ); or
			(v)	a person who is appointed as the receiver or manager of the property of an open-ended fund company; and
		II.	to ascertain the particulars of the company, its directors, or its former directors (if any), or the particulars of any person mentioned in paragraph I (iii) to (v) 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 will be available in the OFC register for public inspection subject to any restriction in law.
	(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.
	(c)	The personal data collected may be disclosed to the Securities and Futures Commission for the purposes of the Securities and Futures Ordinance (Cap. 571) or the Securities and Futures (Open-ended Fund Companies) Rules (Cap. 571AQ).

Limited Partnership Fund Ordinance (Cap. 637)

Purpose of Collection
1.	Personal data provided to the Registrar pursuant to any requirement of the Limited Partnership Fund Ordinance (Cap. 637) will be used by the Registrar for one or more of the following purposes:
	(a)	to administer the Limited Partnership Fund Ordinance (Cap. 637) ;
	(b)	to enforce relevant provisions of the Limited Partnership Fund Ordinance (Cap. 637) ;
	(c)	to make available for public inspection the LPF Register (containing personal data), so as to enable any member of the public to ascertain, in relation to a limited partnership fund -
		I.	whether the member of the public is dealing with -
			(i)	the general partner in the fund;
			(ii)	the authorized representative of the fund (if any); or
			(iii)	the investment manager of the fund, in relation to the administration of the fund or its property; and
		II.	the particulars of –
			(i)	the fund;
			(ii)	the general partner in the fund;
			(iii)	the authorized representative of the fund (if any);
			(iv)	the investment manager of the fund;
			(v)	a former general partner in the fund (if any);
			(vi)	a former authorized representative of the fund (if any); or
			(vii)	a former investment manager of the fund (if any); and
	(d)	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 available in the LPF Register for public inspection subject to any restriction in law.

Limited Partnerships Ordinance (Cap. 37)

Purpose of Collection
1.	Personal data provided to the Registrar pursuant to any requirement of 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 available for public inspection information (containing personal data) registered under the Limited Partnerships Ordinance; 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 available in the Companies Registry's public registers for public inspection subject to any restriction in law.

Registered Trustees Incorporation Ordinance (Cap. 306)

Purpose of Collection
1.	Personal data provided to the Registrar pursuant to any requirement of 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 available for public inspection information (containing personal data) registered under the Registered Trustees Incorporation Ordinance; 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 available in the Companies Registry's public registers for public inspection subject to any restriction in law.