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Case Summary

The Official Receiver has obtained a disqualification order in the Court of First Instance against a former director of three insolvent companies under section 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“the Ordinance”).

The former director was disqualified from being a director of a company; a provisional liquidator or liquidator of a company; a receiver or manager of a company’s property; or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company, without leave of the Court, for a period of 4 years 6 months.

The Court found that the former director had breached her director’s duties by failing to ensure that the companies had complied with its obligations to keep and/or preserve proper books of account under sections 373 and 377 of the Companies Ordinance, Cap. 622 and section 274 of the Ordinance and ensure due payment of MPF contribution to employees of an insolvent company. The former director further breached her duties by failing to ensure compliance of the Trade Description Ordinance, Cap. 362 in the supply of goods of one insolvent company.