Full legislation
s.2
Interpretation
(1)
In this Ordinance, unless the context otherwise
requires—
appeal
(
上訴
) includes a motion for a new trial or to
set aside a verdict, finding or judgment;
business
(
業務
) means a business, or any part thereof,
consisting of a trade or occupation (other than a profession) whether or not it is
carried on with a view to profit;
charge
(
押記
)
means—
(a)
a debenture within the meaning of the Companies Ordinance (
Cap. 622
);
(Amended
28 of 2012 ss. 912 & 920
)
(b)
a mortgage;
(c)
a bill of sale;
(d)
a lien; or
(e)
any document,
under or pursuant to which a business or any assets thereof are charged as security for the payment of money or the performance of an obligation, and includes an equitable charge;
charge-holder
(
受押人
) means a person who, under or pursuant
to a charge, and for the purpose of enforcing payment of any money or for the
performance of any obligation, may sell any business;
date
of
transfer
(
轉讓當日
、
轉讓日期
) means the date on which a transfer takes effect or is intended to take
effect;
notice
of
transfer
(
轉讓通告
) means a notice of transfer in
accordance with
section 5
;
registered
charge
(
已登記押記
) means a charge
which—
(Amended
28 of 2012 ss. 912 & 920
)
(a)
is registered
under—
(i)
the Land Registration Ordinance (
Cap. 128
);
(ii)
the Companies Ordinance (
Cap. 622
);
(iii)
the Bills of Sale Ordinance (
Cap. 20
); or
(iv)
any other enactment; or
(b)
was registered under the Companies Ordinance (
Cap. 32
) as in force from time to time before the commencement
date* of
section 2 of Schedule 9
to the Companies Ordinance (
Cap. 622
);
(Amended
28 of 2012 ss. 912 & 920
;
E.R. 1 of 2019
)
transfer
(
轉讓
) means the transfer or sale of a business, but does
not
include—
(a)
the sale of the stock-in-trade of a business in the ordinary course of its trade;
(b)
the creation of a charge;
(c)
the transfer of land or any share or interest therein; or
(d)
the transfer of a vessel (or the transfer of any interest or share therein), other
than—
(i)
a vessel to which the Merchant Shipping (Local Vessels) Ordinance (
Cap. 548
) applies; or
(Amended
24 of 2005 s. 55
)
(ii)
a trawler to which Part XII of the Merchant Shipping Ordinance (
Cap. 281
) applies;
transferee
(
承讓人
) means the person to whom a business is
transferred by a transferor;
transferor
(
出讓人
)
means—
(a)
in the case of the sale of a business under or pursuant to a charge, the person whose business has been or is intended to be sold;
(b)
in every other case, the person by whom or on whose behalf the transfer has been or is intended to be made.
(2)
For the purposes of this Ordinance
transferor
and
transferee
respectively include a
sub-transferor and a
sub-transferee.