THE OFFICIAL RECEIVER v. WONG KWAN PUI AND OTHERS

THE OFFICIAL RECEIVER v. WONG KWAN PUI AND OTHERS

The respondent, a qualified accountant and director of finance, failed to ensure statutory compliance (defective or missing accounting records, failure to file an acceptable statement of affairs, and unauthorised dealings with company interest after winding-up) such that his conduct rendered him unfit under...

Source-derived case information.

Citation
THE OFFICIAL RECEIVER v. WONG KWAN PUI AND OTHERS
Parties
Applicant: Official Receiver; 1st Respondent: Wong Kwan Pui; 2nd Respondent: Li Sau Lim; 3rd Respondent: Larry Stradmoor
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 December 2002
Case Number
HCMP1464/2001
Procedural Posture
Companies Disqualification Proceedings Under Section 168 H, Companies Ordinance (cap.32) / Hearing and Judgment in Court of First Instance (originating Summons Issued, Respondent Absent)
Outcome
Disqualification order made against the 1st respondent for four years; costs awarded to the Official Receiver (to be taxed if not agreed); order subject to effect from the 21st day after the date of the order (temporary 21-day suspension).
Legal Topics
Director Disqualification, Failure to Keep Accounts, Failure to File Statement of Affairs, Unauthorised Dealing With Company Assets, Winding Up
Source Language
en
Company Law Insolvency Law Directors' Disqualification Director Disqualification Failure to Keep Accounts Failure to File Statement of Affairs Unauthorised Dealing With Company Assets Winding Up

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Parties

Official Receiver

Applicant

Wong Kwan Pui

1st Respondent

Li Sau Lim

2nd Respondent

Larry Stradmoor

3rd Respondent

Procedural Posture

Companies Disqualification Proceedings Under Section 168 H, Companies Ordinance (cap.32) / Hearing and Judgment in Court of First Instance (originating Summons Issued, Respondent Absent)

Legal Issues

  1. 1 Whether EHM Ltd was insolvent while the respondent was a director
  2. 2 Whether the respondent's conduct as director made him unfit under s.168H(1)(b)
  3. 3 Breach of statutory duties to keep proper books and lay accounts (ss.121,122,274)

Ratio Decidendi

The respondent, a qualified accountant and director of finance, failed to ensure statutory compliance (defective or missing accounting records, failure to file an acceptable statement of affairs, and unauthorised dealings with company interest after winding-up) such that his conduct rendered him unfit under s.168H(1)(b); on the evidence and taking tariff guidance into account the appropriate disqualification is four years.

Court Disposition

Disqualification order made against the 1st respondent for four years; costs awarded to the Official Receiver (to be taxed if not agreed); order subject to effect from the 21st day after the date of the order (temporary 21-day suspension).

Orders

  • Pursuant to s.168H Companies Ordinance, the 1st respondent shall not without leave of the Court be a director, liquidator, receiver or manager, or be concerned in management of a company for a period of 4 years beginning from the date of this order
  • The 1st respondent is to pay the Official Receiver's costs of this application, to be taxed if not agreed