Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Misfeasance and breach of fiduciary duty
  • 10 Feb 2004

    THE OFFICIAL RECEIVER v. CHU WAI LING

    Citation
    THE OFFICIAL RECEIVER v. CHU WAI LING
    Court
    Court of First Instance
    Case number
    HCMP888/2003

    The respondent was found unfit to be concerned in the management of a company because she authorised and permitted substantial liabilities to be incurred while the company was effectively insolvent, failed to keep proper accounting records, provided false or misleading information in the statement of affairs and to the Registry and Inland Revenue, and failed to comply with statutory duties; her conduct manifested incompetence (not proven fraud) sufficient to trigger mandatory disqualification under CO s.168H, and a five-year disqualification was appropriate.

    • Director disqualification
    • Misfeasance and breach of fiduciary duty
    • Failure to keep proper books of account
    • False statements to registrar and inland revenue
    • Strike off / deregistration