THE OFFICIAL RECEIVER v. TO KIT WAN DORIS AND ANOTHER

THE OFFICIAL RECEIVER v. TO KIT WAN DORIS AND ANOTHER

Evidence established that both respondents committed accounting record offences, failed to deliver statements of affairs, and breached prior disqualification orders (with the 1st respondent also acting while bankrupt and being uncooperative); these findings render them unfit under s168H and require mandatory...

Source-derived case information.

Citation
THE OFFICIAL RECEIVER v. TO KIT WAN DORIS AND ANOTHER
Parties
Applicant: Official Receiver; 1st Respondent: TO KIT WAN DORIS (also known as TO KIT WAN); 2nd Respondent: WONG HING WAH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 October 2005
Case Number
HCMP3166/2004
Procedural Posture
Application for Director Disqualification Under the Companies Ordinance (miscellaneous Proceedings No. 3166 of 2004) / Judgment Delivered (final Determination)
Outcome
Disqualification orders made against both respondents
Legal Topics
Director Disqualification, Accounting Record Offences, Breach of Disqualification Order, Failure to Deliver Statement of Affairs, Directors' Duties
Source Language
en
Company Law Insolvency Law Bankruptcy Law Civil Procedure Director Disqualification Accounting Record Offences Breach of Disqualification Order Failure to Deliver Statement of Affairs +1 more

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Parties

Official Receiver

Applicant

TO KIT WAN DORIS (also known as TO KIT WAN)

1st Respondent

WONG HING WAH

2nd Respondent

Procedural Posture

Application for Director Disqualification Under the Companies Ordinance (miscellaneous Proceedings No. 3166 of 2004) / Judgment Delivered (final Determination)

Legal Issues

  1. 1 Whether the respondents are unfit under s168H of the Companies Ordinance to be concerned in company management
  2. 2 Whether respondents committed accounting record offences (ss121,122,274) and failed to deliver statement of affairs (s190)
  3. 3 Whether respondents breached prior disqualification orders and s156 (acting while bankrupt)

Ratio Decidendi

Evidence established that both respondents committed accounting record offences, failed to deliver statements of affairs, and breached prior disqualification orders (with the 1st respondent also acting while bankrupt and being uncooperative); these findings render them unfit under s168H and require mandatory disqualification, fixed at 12 years for the 1st respondent and 8 years for the 2nd respondent taking into account relative seriousness and mitigation.

Court Disposition

Disqualification orders made against both respondents

Orders

  • Disqualification order against 1st Respondent To Kit Wan Doris for 12 years, effective from the beginning of the 21st day from the date of this order.
  • Disqualification order against 2nd Respondent Wong Hing Wah for 8 years, effective from the beginning of the 21st day from the date of this order.