Selected Director Disqualification Case Updates for January to March 2026

Respondent(s)	Breach(es)	Result	Remarks
A director	Application for disqualification orders against a former director of an insolvent company under section 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“the Ordinance”) for his breach of the directors’ duties by:- (a) failing to ensure the company’s compliance of the accounting records provisions of the Ordinance and the Companies Ordinance, Cap. 622; (b) failing to ensure due payment of MPF contribution to employees of the company; (c) failing to ensure the company’s due payments of wages and other termination payments to its employees in accordance with the provisions of the Employment Ordinance, Cap. 57; and (d) non-cooperation.	The Respondent was disqualified from acting as a director etc. of a company for a period of 4.5 years.	Case Summary
A director	Application for disqualification order against a former director of an insolvent company under section 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“the Ordinance”) for his breach of directors’ duties by:- (a) failing to ensure the company’s compliance of the accounting records provisions of the Companies Ordinance, Cap. 622; (b) failing to ensure the company’s due payments of wages and other termination payments to its employees in accordance with the provisions of the Employment Ordinance, Cap. 57; (c) failing to ensure due payment of MPF contribution to employees of the company; and (d) failure to file the annual returns for the company.	The Respondent was disqualified from acting as a director etc. of a company for a period of 3.5 years.	Case Summary
Notes: According to section 168H of the Ordinance, it is mandatory for the Court to make a disqualification order once it is satisfied that a person’s conduct as a director of an insolvent company, either taken alone or with his conduct as a director of any other company, renders him unfit to be concerned with the management of a company. The minimum period of disqualification is 1 year and the maximum period is 15 years. Under section 168K of the Ordinance, the Court shall have regard to the matters mentioned in Part I of the Fifteenth Schedule to the Ordinance, and where the company has become insolvent, also matters in Part II of the Fifteenth Schedule, in determining whether a person’s conduct as a director makes him/her unfit to be concerned in the management of a company. Other conducts relevant to the question of unfitness not falling within the matters specified in the Fifteenth Schedule may also be considered.

Respondent(s)

Breach(es)

Result

Remarks

A director

Application for disqualification orders against a former director of an insolvent company under section 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“the Ordinance”) for his breach of the directors’ duties by:-

(a) failing to ensure the company’s compliance of the accounting records provisions of the Ordinance and the Companies Ordinance, Cap. 622;
(b) failing to ensure due payment of MPF contribution to employees of the company;
(c) failing to ensure the company’s due payments of wages and other termination payments to its employees in accordance with the provisions of the Employment Ordinance, Cap. 57; and
(d) non-cooperation.

The Respondent was disqualified from acting as a director etc. of a company for a period of 4.5 years.

Case Summary

A director

Application for disqualification order against a former director of an insolvent company under section 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“the Ordinance”) for his breach of directors’ duties by:-

(a) failing to ensure the company’s compliance of the accounting records provisions of the Companies Ordinance, Cap. 622;
(b) failing to ensure the company’s due payments of wages and other termination payments to its employees in accordance with the provisions of the Employment Ordinance, Cap. 57;
(c) failing to ensure due payment of MPF contribution to employees of the company; and
(d) failure to file the annual returns for the company.

The Respondent was disqualified from acting as a director etc. of a company for a period of 3.5 years.

Case Summary

Notes:

According to section 168H of the Ordinance, it is mandatory for the Court to make a disqualification order once it is satisfied that a person’s conduct as a director of an insolvent company, either taken alone or with his conduct as a director of any other company, renders him unfit to be concerned with the management of a company. The minimum period of disqualification is 1 year and the maximum period is 15 years.
Under section 168K of the Ordinance, the Court shall have regard to the matters mentioned in Part I of the Fifteenth Schedule to the Ordinance, and where the company has become insolvent, also matters in Part II of the Fifteenth Schedule, in determining whether a person’s conduct as a director makes him/her unfit to be concerned in the management of a company. Other conducts relevant to the question of unfitness not falling within the matters specified in the Fifteenth Schedule may also be considered.