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Case Summary

The Official Receiver has obtained 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 4.5 years.

The Court found that the former director had breached his director’s duties by failing to (i) fully cooperate with the liquidators, (ii) 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 and (iii) submit a Statement of Affairs of the company to the liquidators under section 190 of the Ordinance.

He also failed 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.