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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 an insolvent company 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 three years and six months.

The Court found that the former director had breached his director’s duties by failing to ensure that the company 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. Moreover, the former directors had failed to ensure the company’s due payments of MPF contributions and wages, other termination payments and sum payable under the Labour Tribunal award to the former employees in accordance with the Employment Ordinance, Cap. 57. The former director also did not file the annual returns for the company as required under the Companies Ordinance, Cap. 622.