Hong Kong Ordinances

COMPANIES ORDINANCE - SECT 168E

Disqualification on conviction of indictable offence

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) The court may make a disqualification order against a person where he is
convicted of an indictable offence (whether on indictment or summarily)-

   (a)  in connection with the promotion, formation, management or liquidation
        of a company; or

   (b)  in connection with the receivership or management of a company's
        property, or any other indictable offence his conviction for which
        necessarily involves a finding that he acted fraudulently or
        dishonestly.

(2) In subsection (1) "the court" (法院) means the Court of First Instance
or the court by or before which the person is convicted of the offence.

(3) The maximum period of disqualification under this section is, where the
disqualification order is made-

   (a)  by a judge of the Court of First Instance, 15 years;

   (b)  by a judge of the District Court, 10 years;

   (c)  by a magistrate, 5 years.

(4) Where a disqualification order is made by a magistrate and the
Official Receiver or-

   (a)  the liquidator;

   (b)  a past or present member; or

   (c)  a creditor, of the company affected believes that the facts would
        justify a disqualification order for a longer period, he may apply to
        the Court of First Instance for such a disqualification order and it
        may, if it considers it appropriate in the circumstances, make an
        order for such longer period as it determines. (Part IVA added 30 of
        1994 s. 5. Amended 25 of 1998 s. 2)

"the court" (法院)