COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES
- CHAPTER 32K

COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - LONG TITLE  
Empowering section VerDate:30/06/1997



(Cap 32, section 168S(1))
 
[15 July 1994]
 
(L.N. 427 of 1994)



COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 1
Interpretation VerDate:08/07/2005



In these Rules-
"Registrar" (司法常務官) means the Registrar of the High Court and includes a 
senior deputy registrar, deputy registrar or assistant registrar of the 
High Court.
(Enacted 1994. 10 of 2005 s. 174)
"Registrar" (司法常務官)


COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 2
Application VerDate:30/06/1997



These Rules apply with respect to an application for a disqualification 
order to which section 168P(1) of the Ordinance applies, where made on or 
after the date on which these Rules come into force.
(Enacted 1994)



COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 3
Form of application VerDate:01/07/1997


Adaptation amendments retroactively made - see 25 of 1998 s. 2
An application to which these Rules apply shall be made to the court by 
originating summons (Form No. 10 in Appendix A to the Rules of the High 
Court (Cap 4 sub. leg. A), with such adaptation as may be appropriate), 
and the Rules of the High Court (Cap 4 sub. leg. A) apply accordingly, 
except where these Rules make provision to inconsistent effect.
(Enacted 1994. 25 of 1998 s. 2)



COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 4
The case against the respondent VerDate:30/06/1997




(1)	There shall, at the time when the summons is issued, be filed 
in court evidence in support of the application for a disqualification 
order; and copies of the evidence shall be served with the summons on the 
respondent.

(2)	The evidence shall be by one or more affidavits, except where 
the applicant is the Official Receiver, in which case it may be in the 
form of one or more written reports (with or without affidavits by other 
persons) which shall be treated as if it had been verified by affidavit by 
him and shall be prima facie evidence of any matter contained in it.

(3)	In an application made under section 168I(1) or 168J of the 
Ordinance, there shall in the affidavit or affidavits or (as the case may 
be) the Official Receiver's report or reports (as the case may be) be 
included a statement of the matters by reference to which the respondent 
is alleged to be unfit to be concerned in the management of a company.
(Enacted 1994)



COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 5
Endorsement on summons VerDate:30/06/1997



There shall on the summons be endorsed information to the respondent as 
follows-

        (a)	that the application is made in accordance with these Rules;

        (b)	the maximum, and minimum if applicable, period of 
disqualification under the section under which the application is made;

        (c)	that the application for a disqualification order may, in 
accordance with these Rules, be heard and determined summarily, without 
further or other notice to the respondent, and that, if it is so heard and 
determined, the court may impose disqualification for a period of up to 5 
years;

        (d)	that if at the hearing of the application the court, on the 
evidence then before it, is minded to impose, in the respondent's case, 
disqualification for any period longer than 5 years, it will not make a 
disqualification order on that occasion but will adjourn the application 
to be heard (with further evidence, if any) at a later date to be 
notified; and

        (e)	that any evidence which the respondent wishes to be taken into 
consideration by the court must be filed in court in accordance with the 
time limits imposed under rule 7 (the provisions of which shall be set out 
on the summons).
(Enacted 1994)



COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 6
Service and acknowledgment VerDate:01/07/1997


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

(1)	The summons shall be served on the respondent by sending it by 
post to his last known address; and the date of service shall, unless the 
contrary is shown, be deemed to be the 7th day next following that on 
which the summons was posted.

(2)	Where any process or order of the court or other document is 
required under proceedings subject to these Rules to be served on any 
person who is not in Hong Kong, the court may order service on him of that 
process or order or other document to be effected within such time and in 
such manner as it thinks fit, and may also require such proof of service 
as it thinks fit.

(3)	The summons served on the respondent shall be accompanied by a 
form of acknowledgment of service, to be returned by him to the court 
within 14 days from the date of service, and for this purpose the practice 
and procedure of the court relating to acknowledgments of service shall 
apply to an application for an order under these Rules in the court, save 
that any reference to Form No. 15 in Appendix A to the Rules of the High 
Court (Cap 4 sub. leg. A) shall relate to the form as modified by these 
Rules.  (25 of 1998 s. 2)

(4)	The form of acknowledgment of service shall, where appropriate, 
state that the respondent should indicate-

        (a)	whether he contests the application on the grounds that, in the 
case of any particular company-

        (i)	he was not a director, shadow director, officer or liquidator 
of the company, and neither was he a receiver or manager of its property, 
at a time when conduct of his, or of other persons, in relation to that 
company is in question; or

        (ii)	his conduct as such director, shadow director, officer, 
liquidator, receiver or manager was not as alleged in support of the 
application for a disqualification order;

        (b)	whether, in the case of any conduct of his, he disputes the 
allegation that such conduct makes him unfit to be concerned in the 
management of a company; and

        (c)	whether he, while not resisting the application for a 
disqualification order, intends to adduce mitigating factors with a view 
to justifying only a short period of disqualification.
(Enacted 1994)



COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 7
Evidence VerDate:30/06/1997




(1)	The respondent shall, within 28 days from the date of service 
of the summons, file in court any affidavit evidence in opposition to the 
application he wishes the court to take into consideration and shall 
forthwith serve upon the applicant a copy of such evidence.

(2)	The applicant shall, within 21 days from receiving the copy of 
the respondent's evidence, file in court any further evidence in reply he 
wishes the court to take into consideration and shall forthwith serve a 
copy of that evidence upon the respondent.
(Enacted 1994)



COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 8
The hearing of the application VerDate:30/06/1997




(1)	The date fixed for the hearing of the application shall be not 
less than 8 weeks from the date of issue of the summons.

(2)	The hearing shall in the first instance be before the Registrar 
in open court.

(3)	The Registrar shall either determine the case on the date fixed 
or adjourn it.

(4)	The Registrar shall adjourn the case for further consideration 
if-

        (a)	he forms the provisional opinion that a disqualification order 
ought to be made, and that a period of disqualification longer than 5 
years is appropriate; or

        (b)	he is of opinion that questions of law or fact arise which are 
not suitable for summary determination.

(5)	If the Registrar adjourns the case for further consideration he 
shall-

        (a)	direct whether the case is to be heard by a Registrar or, if he 
thinks it appropriate, by a judge, for determination by him;

        (b)	state the reasons for the adjournment; and

        (c)	give directions as to the following matters-

        (i)	the manner in which and the time within which notice of the 
adjournment and the reasons for it are to be given to the respondent;

        (ii)	the filing in court and the service of further evidence (if 
any) by the parties;

        (iii)	such other matters as the Registrar thinks necessary or 
expedient with a view to an expeditious disposal of the application; and

        (iv)	the time and place of the adjourned hearing.

(6)	Where a case is adjourned other than to a judge, it may be 
heard by the Registrar who originally dealt with the case or by another 
Registrar.
(Enacted 1994)



COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 9
Making and setting aside of disqualification order VerDate:30/06/1997




(1)	The court may make a disqualification order against the 
respondent, whether or not the latter appears, and whether or not he had 
completed and returned the acknowledgment of service of the summons, or 
filed evidence in accordance with rule 7.

(2)	Any disqualification order made in the absence of the 
respondent may be set aside or varied by the court on such terms as it 
thinks just.
(Enacted 1994)



COMPANIES (DISQUALIFICATION OF DIRECTORS) PROCEEDINGS RULES - RULE 10
Commencement of disqualification order VerDate:30/06/1997



Unless the court otherwise orders, a disqualification order takes effect 
at the beginning of the 21st day after the day on which the order is made.
(Enacted 1994)