New search arrangements in Hong Kong: Restriction of public access to protected information of directors and company secretaries

【2021-10-22 Source: Hong Kong Companies Registry】

The Companies Ordinance (Cap. 622) stipulates new search arrangements for personal data contained in the companies register maintained by the Companies Registry.

The Registrar maintains a company register for public inspection, which contains personal data. Such personal data include the usual residential addresses and full identification numbers of the company’s directors, as well as the full identification numbers of the company secretary and certain other persons (such as liquidators and provisional liquidators). Registers maintained by companies also contain similar personal data for public inspection.

According to the relevant provisions of the Companies Ordinance regarding the new search arrangements (these provisions were passed by the Legislative Council in July 2012 but have not yet fully come into effect), the company register will use the correspondence address of the director instead of the usual residential address, and the director, company Partial identification numbers of secretaries and other relevant persons are made available for public inspection in lieu of full numbers. Usual residential address and complete identification number (hereinafter referred to as “protected information”) can only be obtained by “specified persons” through application. Similarly, in registers maintained by companies, companies can close protected information from public inspection.

The new search arrangements will be implemented in three phases. Details of the phased implementation are as follows:

(a) First stage

Starting from August 23, 2021, companies can use the correspondence addresses of directors instead of usual residential addresses, and partial identification numbers of directors and company secretaries instead of full numbers on their registers for public inspection;

(b)Second stage

Starting from 24 October 2022, the protected information contained in the Directors’ Index in the Companies Register will be replaced by correspondence addresses and partial identification numbers for public inspection. Protected information contained in documents registered with the Registry after the commencement of this stage will no longer be available for public inspection. “Specified persons” may request access to the protected information of directors and others;

(c)The third stage

Starting from December 27, 2023, data subjects may apply to the Registrar not to provide protected information contained in documents registered with the Registrar (hereinafter referred to as “information not to be provided”), and their correspondence address and partial identity The identification number is instead made available for public inspection. A “specified person” may request to the Registrar for access to unavailable information of directors and others.

Note: To collect relevant information extensively for reference.