Background

Currently, the Companies Register (“the Register”) maintained by the Companies Registry (“the Registry”) contains personal information available for public inspection. Such personal information includes, among other data, the usual residential addresses (“URA”) and full identification numbers (“IDN”) of directors of companies, company secretaries and other individuals (such as liquidators and provisional liquidators). Similar personal information is also contained in the registers kept by companies which are also open for public inspection.

Following the completion of the legislature’s scrutiny of the seven pieces of commencement notices and subsidiary legislation introduced by the HKSAR Government, the new inspection regime is to be implemented in the following phases, with the first implemented on 23 August 2021.

Phase 1

From 23 August 2021, companies may replace URA of directors with their correspondence addresses, and replace full IDN of directors and company secretaries with their partial IDN on their own registers for public inspection;

Phase 2

From 24 October 2022, Protected Information on the Index of Directors on the Register will be replaced with correspondence addresses and partial IDN for public inspection. Protected Information contained in documents filed for registration after commencement of this phase will not be provided for public inspection. “Specified persons” could apply to the Registry for access to Protected Information of directors and other persons; and

Phase 3

From 27 December 2023, data subjects can apply to the Registry to protect from public inspection their Protected Information contained in documents registered with the Registry (“Withheld Information”), and replace such information with their correspondence addresses and partial IDN. “Specified persons” could apply to the Registry for access to Withheld Information of directors and other persons.

The new inspection regime is designed to enhance the protection of privacy in relation to the personal data of various company officers. Whilst company secretaries have already been allowed to provide their correspondence addresses instead of URA for public inspection under the CO since 2014, the significance of the new inspection regime lies primarily in the removal of unrestrained public access to the URA and full IDN of individual company officers contained in the Companies Register, thus providing enhanced protection to sensitive personal data.

We will keep you informed and provide further updates on new inspection regime. Please reach out to your usual Zetland contact if you have any questions.