Selected Director Disqualification Case Updates for April to June 2025

Respondent(s)	Breach(es)	Result	Remarks
A director	Application for disqualification order against a former director of two insolvent companies under section 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“the Ordinance”) for her breach of the directors’ duties by:- (a) failing to ensure the companies’ compliance of the accounting records provisions of the Ordinance and the Companies Ordinance, Cap. 622 (“the CO”); (b) failing to submit a Statement of Affairs of the companies; and (c) non-cooperation.	The Respondent was disqualified from acting as a director etc. of a company for a period of 3 years 6 months.	Case Summary
A director	Application for disqualification order against a former director of three insolvent companies under section 168H of the Ordinance for her breach of directors’ duties by failing to:- (a) ensure the companies’ compliance of the accounting records provisions of the Ordinance and/or the CO; (b) ensure due payment of MPF contribution to employees of one insolvent company; and (c) ensure compliance of the Trade Description Ordinance, Cap. 362 in the conduct of business of one insolvent company.	The Respondent was disqualified from acting as a director etc. of a company for a period of 4 years 6 months.	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 order against a former director of two insolvent companies under section 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“the Ordinance”) for her breach of the directors’ duties by:-

(a) failing to ensure the companies’ compliance of the accounting records provisions of the Ordinance and the Companies Ordinance, Cap. 622 (“the CO”);
(b) failing to submit a Statement of Affairs of the companies; and
(c) non-cooperation.

The Respondent was disqualified from acting as a director etc. of a company for a period of 3 years 6 months.

Case Summary

A director

Application for disqualification order against a former director of three insolvent companies under section 168H of the Ordinance for her breach of directors’ duties by failing to:-

(a) ensure the companies’ compliance of the accounting records provisions of the Ordinance and/or the CO;
(b) ensure due payment of MPF contribution to employees of one insolvent company; and
(c) ensure compliance of the Trade Description Ordinance, Cap. 362 in the conduct of business of one insolvent company.

The Respondent was disqualified from acting as a director etc. of a company for a period of 4 years 6 months.

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.