RE BEAT DRUGS FUND ASSOCIATION

HCMP 1886/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1886 OF 2013

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J U D G M E N T

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1.  The applicant is a company limited by guarantee. It was established in 1996 by the Government to provide funding support for worthwhile anti-drug projects. The applicant is managed by a governing committee which is supported by civil service staff of the Narcotics Division of the Security Bureau.

2.  Unfortunately, due to oversight there are non-compliances with the provisions of sections 111(1) and 122(1), (1A) and (2) of the Companies Ordinance, Cap 32 in connection with the applicant’s AGM held on 24 January 2013.  Hence this application.

3.  There are two aspects to the infringements.  Firstly, there was no AGM held in 2012.  Secondly, as a consequence of that infringement, the accounts laid at the 24 January 2013 AGM were made up to a date more than 9 months before that meeting.

4.  The circumstances of the infringements have been explained in the evidence before the court.  I am satisfied that the infringements were unintentional and have not resulted in any prejudice to any person.  Further, given the decision by the applicant to engage company secretary service as soon as possible, I believe that the possibility of similar infringement in the future is low.

5.  In these circumstances, I grant the order sought in paragraph (1) of the originating summons dated 5 August 2013 as amended.  In addition, I order that the period for laying the accounts of the applicant for the year ended 31 March 2012 before an annual general meeting be extended to 10 months.