UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549
                                 ---------------

                                    FORM 8-K

                                 CURRENT REPORT
     PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934
      Date of Report (Date of Earliest Event Reported): September 16, 2005

                             CHINA BAK BATTERY, INC.
               (Exact Name of Registrant as Specified in Charter)

           NEVADA                       000-49712                88-0442833
(State or Other Jurisdiction    (Commission File Number)       (IRS Employer
     of Incorporation)                                       Identification No.)


           BAK Industrial Park                                      518119
   No. 1 BAK Street, Longgang District                            (Zip Code)
               Shenzhen
       Peoples Republic of China
(Address of Principal Executive Offices)

     Registrant's Telephone Number, Including Area Code: (86-755) 8977-0093
                                 NOT APPLICABLE.
          (Former Name or Former Address, if Changed Since Last Report)

     Check the  appropriate  box below if the Form 8-K  filing  is  intended  to
simultaneously  satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):

     [ ]  Written  communications  pursuant to Rule 425 under the Securities Act
          (17 CFR 230.425)

     [ ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17
          CFR 240.14a-12)

     [ ]  Pre-commencement  communications  pursuant to Rule 14d-2(b)  under the
          Exchange Act (17 CFR 240.14d-2(b))

     [ ]  Pre-commencement  communications  pursuant to Rule 13e-4(c)  under the
          Exchange Act (17 CFR 240.13e-4(c))






ITEM 3.02   UNREGISTERED SALES OF EQUITY SECURITIES

     On September 16, 2005, China BAK Battery,  Inc. (the "Company")  closed its
previously  announced sale of  approximately  $43 million of its common stock to
certain accredited investors pursuant to the securities purchase agreement dated
September  14,  2005 among the  Company and such  investors.  The  Company  sold
approximately  7.9 million shares of common stock to the investors for $5.50 per
share.  The Company also entered into a registration  rights  agreement with the
investors,  which sets forth  certain  rights  granted to the  investors  by the
Company with respect to the  registration  of the resale by the investors of the
shares of common stock purchased in the private  placement.  Copies of the forms
of the securities  purchase agreement and the registration  rights agreement are
attached to the Company's Current Report on Form 8-K filed September 15, 2005.

     The Company paid a cash fee of $2,606,955  and issued  warrants with a term
of three years to Roth Capital Partners, LLC, its placement agent in the private
placement,  to purchase  505,591  shares of common stock at an exercise price of
$6.05 per share.  The Company also agreed to pay a cash fee of  $651,738.75  and
issue  warrants with a term of three years to Global Hunter  Securities,  LLC to
purchase 126,398 shares of common stock at an exercise price of $6.05 per share.

     The shares of common  stock and the  warrants  issued at  closing  were not
registered under the Securities Act of 1933, as amended, pursuant to the private
placement  exemption  under  Section  4(2) of the  Securities  Act of  1933,  as
amended, and Regulation D promulgated thereunder. The shares of common stock and
warrants issued at closing may not be offered for sale absent  registration with
the  Securities  and  Exchange  Commission  or  an  applicable   exemption  from
registration.

     The aggregate  proceeds from the sale of the common stock of  approximately
$43  million,  after  payment of  offering  expenses,  will be used to  purchase
equipment and for working capital.

     A copy of the press release  announcing  the closing is attached as Exhibit
99.1 to this report.

ITEM 9.01   FINANCIAL STATEMENTS AND EXHIBITS.

     (c) Exhibits

EXHIBIT NO. DESCRIPTION
----------- -----------------------------------------------------------

    99.1    Press release dated September 19, 2005.





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                                    SIGNATURE

     Pursuant to the  requirements  of the Securities  Exchange Act of 1934, the
registration  has duly  caused  this  report to be  signed on its  behalf by the
undersigned hereunto duly authorized.

                                                         CHINA BAK BATTERY, INC.


Date:  September 19, 2005                             By: /s/ Yongbin Han
                                                         -----------------------
                                                         Yongbin Han
                                                         Chief Financial Officer












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