Compliance & Enforcement
Compliance & Enforcement
| Defendant(s) | Offence(s) | Result | Remarks |
|---|---|---|---|
| Bankruptcy case(s) | |||
| A bankrupt | Material omission in a statement of the Defendant’s affairs, namely the Statement of Affairs, contrary to section 129(1)(f) of the Bankruptcy Ordinance, Cap. 6. | The Defendant was convicted at the Eastern Magistrates’ Courts and sentenced to 2 months’ imprisonment (suspended for 12 months). | Case Summary |
| A bankrupt | Obtaining credit to the extent of HK$100 or upwards from any person without first informing that person that he is an undischarged bankrupt, contrary to section 131(a) of the Bankruptcy Ordinance, Cap. 6. | The Defendant was convicted at the Eastern Magistrates’ Courts and fined HK$1,200.00. | Case Summary |
| A bankrupt | Failure to keep proper books of account for his trade or business during the period in the 2 years immediately preceding the date of presentation of the bankruptcy petition, contrary to section 134(1) of the Bankruptcy Ordinance, Cap. 6. | The Defendant was convicted at the Eastern Magistrates’ Courts and fined HK$2,000. | Case Summary |
| A bankrupt | Failure to submit to the trustee-in-bankruptcy a statement of his earnings and details of any property he acquired during the preceding year contrary to sections 43A(6) & (7) of the Bankruptcy Ordinance, Cap. 6. | The Defendant was convicted at the Eastern Magistrates’ Courts and fined HK$2,000. | Case Summary |
| Winding-up case(s) | |||
| A director | (i) Failure to keep proper books of account throughout the period of 2 years immediately preceding the commencement of winding-up of the company, and the Defendant, being a director was in default in respect of such failure, contrary to section 274(1) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32. (ii) Failure to take all reasonable steps to secure compliance by the company with the requirement to preserve its accounting records required to be preserved by it for 7 years after the end of the financial year to which the last entry made or matter recorded in the records relates, contrary to sections 377(2) & (3) and section 373(1) of the Companies Ordinance, Cap. 622. |
The Defendant was convicted of 2 charges at the Eastern Magistrates’ Courts and fined HK$2,000 for each charge (i.e. a total of HK$4,000). | Case Summary |