Q：
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When does the phase II of the new inspection regime commence?
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A：
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The commencement date of Phase II is 24 October 2022 which is stipulated in The Companies Ordinance (Commencement) (No.2) Notice 2021.
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Q：
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What contents will be covered in Phase II of the new inspection regime?
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A：
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In Phase II, usual residential address and full identification numbers (“Protected Information”) on the Index of Directors on the Companies Register will be replaced with correspondence address and partial identification numbers for public inspection. From this phase, only “Specified Persons” could apply to the Companies Registry for access to Protected Information of directors and other persons.
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Q：
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How to define the “Specified Persons”?
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A：
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The guide to make the list of “Specified Persons” is according to the need for access to Protected Information of directors in the conduct of functions in relation to statutory procedures (e.g. handling liquidation and bankruptcy procedures), statutory obligations (e.g. implementing anti-money laundering) and counter-terrorist financing measures including customer due diligence according to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) and law enforcement (e.g. criminal investigation and asset recovery), intend to ensuring the robustness of the financial, commercial and corporate governance systems of Hong Kong, and proper conduct of law enforcement.
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Q：
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Can the director of the company request for access to Protected Information?
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A：
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Yes, pursuant to section 12(1) of the Companies (Residential Addresses and Identification Numbers) Regulation (the “Regulation”) provides for a list of “Specified Persons” to whom Protected Information could be disclosed by the Registrar on application under section 58(3) of the Companies Ordinance (Cap. 622).
The “Specified Persons” include:
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data subject;
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a person who is authorized in writing by a data subject to obtain the information;
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a member of the company;
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a liquidator;
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a trustee in bankruptcy;
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a public officer or public body;
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a person specified in the Schedule to the Regulation;
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a solicitor or foreign lawyer who practices law in a law firm;
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a certified public accountant (practicing); and
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a financial institution or designed non-financial businesses and professions.
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Q：
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What if two different directors have the same English and Chinese name and partial ID numbers, for example, the first 3 alphabet(s) numbers of HKID?
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A：
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Although it is a rare situation, in case it happened, the Companies Registry Information System (“ICRIS”) will show an additional digit out of any one of the three remaining redacted digits, so that the searcher will be able to see in the search results that the two directors are different individuals. Also, it can be applicable to other identification number (e.g. Passport, PRC ID card, etc.).
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Q：
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How can the system identify the person with same identification but with different particulars in different companies?
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A：
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The enhanced Integrated ICRIS will be able to identify the records of persons having the same full identification number but with different formats of names, address, etc. in different companies and the matched records will be assigning in the same group.
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Q：
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Any Government charges for the “Specified Persons” to access Protected Information?
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A：
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Yes, HK$10 for each data subject but could be waived under some conditions.
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FAQ
