THE OFFICIAL RECEIVER v. CHOW HUEN CHUN CRISPIN AND ANOTHER

THE OFFICIAL RECEIVER v. CHOW HUEN CHUN CRISPIN AND ANOTHER

The court held that the respondents' convictions for dishonesty and their failure to take reasonable steps to ensure proper books and records (in breach of s121 and s274) rendered them unfit under s168H; disqualification is mandatory and appropriate periods were six years for the 1st respondent and five years for...

Source-derived case information.

Citation
THE OFFICIAL RECEIVER v. CHOW HUEN CHUN CRISPIN AND ANOTHER
Parties
Applicant: The Official Receiver; 1st Respondent: Chow Huen Chun Crispin; 2nd Respondent: Chow Tien Yuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2004
Case Number
HCMP5002/2003
Procedural Posture
Disqualification Under Companies Ordinance (s168 H) / Judgment
Outcome
Disqualification orders made: 1st respondent disqualified for 6 years; 2nd respondent disqualified for 5 years; respondents to pay the Official Receiver's costs
Legal Topics
Director Disqualification, Failure to Keep Accounting Records, False Accounting Conviction, Directors' Duties, Section 168 H of Companies Ordinance
Source Language
en
Company Law Insolvency Law Criminal Law Corporate Governance Director Disqualification Failure to Keep Accounting Records False Accounting Conviction Directors' Duties +1 more

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Parties

The Official Receiver

Applicant

Chow Huen Chun Crispin

1st Respondent

Chow Tien Yuen

2nd Respondent

Procedural Posture

Disqualification Under Companies Ordinance (s168 H) / Judgment

Legal Issues

  1. 1 Whether respondents' conduct renders them unfit under s168H
  2. 2 Whether criminal convictions for false accounting can be considered in disqualification proceedings
  3. 3 Whether respondents failed to ensure proper books in breach of s121 and s274

Ratio Decidendi

The court held that the respondents' convictions for dishonesty and their failure to take reasonable steps to ensure proper books and records (in breach of s121 and s274) rendered them unfit under s168H; disqualification is mandatory and appropriate periods were six years for the 1st respondent and five years for the 2nd respondent; respondents were ordered to pay the Official Receiver's costs and the orders to take effect consistent with rule 10 of the Companies (Disqualification of Directors) Proceedings Rules.

Court Disposition

Disqualification orders made: 1st respondent disqualified for 6 years; 2nd respondent disqualified for 5 years; respondents to pay the Official Receiver's costs

Orders

  • 1st respondent (Chow Huen Chun Crispin) disqualified from being concerned in the management of a company for 6 years
  • 2nd respondent (Chow Tien Yuen) disqualified from being concerned in the management of a company for 5 years