|
[接上页] (5) Where an agreement is deemed to be frustrated by virtue of subsection (4), section 17 of the Law Amendment and Reform (Consolidation) Ordinance (Cap 23) shall not apply to that agreement. Cap 345 s 7 (Repealed 61 of 1990 s. 5) Cap 345 s 8 Compensation (1) (Repealed 61 of 1990 s. 6) (2) Any person who suffers loss by reason of the operation of section 4, the cessation of any right under section 5(1) or the disclaimer of a transaction under section 6(3) shall, subject to any regulations under section 9 read with subsection (3), be entitled to compensation in respect of such loss. (3) The following matters may be prescribed- (a) the manner of determining the amount of compensation payable under subsection (2); (Amended 61 of 1990 s. 6) (b) the factors to be taken into account or disregarded, and the principles to be applied in determining such amount; (c) the time and manner of payment of such compensation; (d) whether and what interest shall be payable in respect of such compensation; (e) the denial of compensation under subsection (2) to any former director who has engaged in any transaction which could be disclaimed under section 6(3) if it were in whole or in part unperformed or unexpired; (Amended 61 of 1990 s. 6) (f) any matter incidental to the matters specified in subsection (2) or paragraphs (a) to (e). (Amended 61 of 1990 s. 6) Cap 345 s 9 Power to make regulations Remarks: Adaptation amendments retroactively made - see 60 of 1999 s. 3 (1) The Chief Executive in Council may make regulations- (Amended 60 of 1999 s. 3) (a) prescribing anything that may be prescribed under this Ordinance; (b) (Repealed 61 of 1990 s. 5) (c) providing for the better carrying into effect of the purposes and provisions of this Ordinance.(2) Regulations under subsection (1) may make provision for the matters mentioned in that subsection and shall have effect notwithstanding anything to the contrary in the Companies Ordinance (Cap 32), the Banking Ordinance (Cap 155) and the memorandum and articles of association of the company or any subsidiary thereof. (Amended 27 of 1986 s. 137) Cap 345 s 10 (Repealed 61 of 1990 s. 5) Cap 345 s 11 (Repealed 61 of 1990 s. 5) Cap 345 s 12 (Repealed 61 of 1990 s. 5) |