Cap. 32 sub. leg. K

Companies (Disqualification of Directors) Proceedings Rules(Cap. 32, section 168S(1))(Enacting provision omitted—E.R. 1 of 2019)[15 July 1994](Format changes—E.R. 1 of 2019) 1. Interpretation 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. (10 of 2005 s. 174) 2. Application 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*. Editorial Note: * Commencement date: 15 July 1994. 3. Form of application 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.(25 of 1998 s. 2) 4. The case against the respondent (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) of the Ordinance or section 879(6) of the Companies Ordinance (Cap. 622), 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. (28 of 2012 ss. 912 & 920) 5. Endorsement on summons 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). 6. Service and acknowledgment (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. 7. Evidence (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. 8. The hearing of the application (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. 9. Making and setting aside of disqualification order (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. 10. Commencement of disqualification order 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.