Companies (Disqualification Orders) Regulation
(Enacting provision omitted—E.R. 1 of 2014)
[15 July 1994]
(Format changes—E.R. 1 of 2017)
In this Regulation—
grant of leave (批給許可) means a grant by the court of leave referred to in section 168Q of the Ordinance to any person in relation to a disqualification order.This Regulation applies in relation to a disqualification order made after the coming into operation of this Regulation and to a grant of leave, or any action taken by a court in consequence of which a disqualification order is varied or ceases to be in force, made or taken after that date, in relation to a disqualification order made before, on or after that date.
The following officers of the court shall furnish to the Registrar the particulars specified in section 4(1)(a) and (b) in the form and manner there specified—
where a disqualification order or grant of leave is made by the Court of First Instance, the Chief Judicial Clerk; (25 of 1998 s. 2)
where a disqualification order is made by the Tribunal within the meaning of section 2 of the repealed Ordinance (within the meaning of section 168R(5) of the Ordinance) or the Market Misconduct Tribunal within the meaning of section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap. 571), the clerk to the Tribunal concerned, except that, where there is no clerk to the first-mentioned Tribunal, then the clerk to the second-mentioned Tribunal; (5 of 2002 s. 407)
if a disqualification order is made by the Competition Tribunal established by section 134 of the Competition Ordinance (Cap. 619), the Registrar of the Tribunal; (14 of 2012 s. 176 and E.R. 1 of 2013)
where a disqualification order is made by the District Court, the Registrar of the District Court;
where a disqualification order is made by a magistrate, the First Clerk.
Where a disqualification order is made by any of the courts mentioned in subsection (1) and subsequently any action is taken by a court in consequence of which that order is varied or ceases to be in force the officer of the first-mentioned court specified in subsection (1) shall furnish to the Registrar the particulars specified in section 4(1)(c) in the form and manner there specified.
The form in which the particulars are to be furnished is—
that set out in Schedule 1 with such variations as circumstances require and the particulars contained therein are the particulars specified for that purpose;
that set out in Schedule 2 with such variations as circumstances require when a grant of leave is made by the court, and the particulars contained therein are the particulars specified for that purpose;
that set out in Schedule 3 with such variations as circumstances require when any action is taken by a court in consequence of which a disqualification order is varied or ceases to be in force, and the particulars contained therein are the particulars specified for that purpose.
A prescribed officer of the court is to furnish the Registrar with the said particulars as soon as practically possible.
| I furnish the following particulars of a disqualification order made against a person as required by the Companies (Disqualification Orders) Regulation— | |||||||||
| (1) | Section of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (C(WUMP)O), the repealed Securities (Insider Dealing) Ordinance (“SIDO”), the Securities and Futures Ordinance (“SFO”) or the Competition Ordinance (“ComO”) under which the order was made†— | ||||||||
| Section 168E of C(WUMP)O | |||||||||
| Section 168F of C(WUMP)O | |||||||||
| Section 168G of C(WUMP)O | |||||||||
| Section 168H of C(WUMP)O | |||||||||
| Section 168J of C(WUMP)O | |||||||||
| Section 168L of C(WUMP)O | |||||||||
| Section 23(1)(a) of SIDO | |||||||||
| Section 24(1) of SIDO | |||||||||
| Section 214(2)(d) of SFO | |||||||||
| Section 214A(2)(d) of SFO | |||||||||
| Section 257(1)(a) of SFO | |||||||||
| Section 258(1) of SFO | |||||||||
| Section 303(2)(a) of SFO | |||||||||
| Section 307N(1)(a) of SFO | |||||||||
| Section 101 of ComO | |||||||||
| (2) | Particulars of the person against whom the order was made— | ||||||||
| (a) | if an individual | ||||||||
| Forename (Note 2) | *( | ) | |||||||
| Surname (Note 3) | *( | ) | |||||||
| Usual residential address at the date of the order (Note 4) | |||||||||
| Hong Kong identity card No., if any (Note 5) | |||||||||
| Number and issuing country of any passport (Note 6) | |||||||||
| (b) | if a body corporate | ||||||||
| Corporate name | |||||||||
| Registered No. | |||||||||
| Address of registered or principal office in Hong Kong at the date of the order | |||||||||
| (3) | Date on which the order was made— | ||||||||
| Day | Month | Year | |||||||
| (4) | Period of disqualification specified in the order— | ||||||||
| Signed | Date | ||||||||
| Name | Position | ||||||||
| Court†† | |||||||||
| † | Please tick appropriate box | ||||||||
| * | Note 1 | ||||||||
| †† | Please state full name | ||||||||
| Notes | 1.In the case of a Chinese individual, the Chinese characters for any forename or surname, if they are used by such individual, must be included. | ||||||||
| 2.“Forename” includes a Christian or given name. | |||||||||
| 3.“Surname” in the case of a person usually known by a title different from his surname, means that title. | |||||||||
| 4.Usual residential address must be given. “Residential address” does not include an address at a hotel unless the person to whom it relates is stated to have no other permanent address nor does it include a post office box number unless coupled with a residential address. | |||||||||
| 5.“Identity card” means an identity card issued under the Registration of Persons Ordinance (Cap. 177). If none, please state “None”. | |||||||||
| 6.If the Hong Kong identity card number of the person has been given, there is no need to give this information. | |||||||||
(46 of 2000 s. 40; 5 of 2002 s. 407; 14 of 2012 s. 176; 28 of 2012 ss. 912 & 920; 14 of 2016 s. 174; 16 of 2016 s. 24)
| (1) | Date of disqualification order in relation to which leave was granted— | ||||||||
| Day | Month | Year | |||||||
| (2) | Court which made the disqualification order in relation to which leave was granted— | ||||||||
| (3) | Particulars of the person to whom leave was granted— | ||||||||
| (a) | if an individual | ||||||||
| Forename (Note 2) | *( | ) | |||||||
| Surname (Note 3) | *( | ) | |||||||
| Hong Kong identity card No., if any (Note 4) | |||||||||
| Number and issuing country of any passport (Note 5) | |||||||||
| (b) | if a body corporate | ||||||||
| Corporate name | |||||||||
| Registered No. | |||||||||
| (4) | If the name in which the disqualification order was made was different from that at item (3), the name in which that order was made— | ||||||||
| (a) | if an individual | ||||||||
| Forename (Note 2) | *( | ) | |||||||
| Surname (Note 3) | *( | ) | |||||||
| Hong Kong identity card No., if any (Note 4) | |||||||||
| Number and issuing country of any passport (Note 5) | |||||||||
| (b) | if a body corporate | ||||||||
| Corporate name | |||||||||
| Registered No. | |||||||||
| (5) | Name of company in respect of which leave was granted, or in the case of leave to promote or form a company, the proposed name of the company where it is available, or if not, a brief description of the activities of the company— | ||||||||
| (6) | |||||||||
| Day | Month | Year | |||||||
| (7) | Activity for which leave was granted†—— | ||||||||
| Promotion | |||||||||
| Formation | |||||||||
| Directorship or other participation in management | |||||||||
| Liquidation | |||||||||
| Receivership or management of the property of the company | |||||||||
| Signed | Date | ||||||||
| Name | Position | ||||||||
| Court†† | |||||||||
| * | Note 1 | ||||||||
| † | Please tick appropriate box(es) | ||||||||
| †† | Please state full name | ||||||||
| Notes | 1.In the case of a Chinese individual, the Chinese characters for any forename or surname, if they are used by such individual, must be included. | ||||||||
| 2.“Forename” includes a Christian or given name. | |||||||||
| 3.“Surname” in the case of a person usually known by a title different from his surname, means that title. | |||||||||
| 4.“Identity card” means an identity card issued under the Registration of Persons Ordinance (Cap. 177). If none, please state “None”. | |||||||||
| 5.If the Hong Kong identity card number of the person has been given, there is no need to give this information. | |||||||||
(28 of 2012 ss. 912 & 920)
| I furnish the following particulars of the action taken by a court whereby a disqualification order made by this court under the Companies (Winding Up and Miscellaneous Provisions) Ordinance, the repealed Securities (Insider Dealing) Ordinance (Cap. 395), the Securities and Futures Ordinance (Cap. 571) or the Competition Ordinance (Cap. 619) was varied or ceased to be in force— | |||||||||
| (1) | Date on which the disqualification order was made by this court— | ||||||||
| Day | Month | Year | |||||||
| (2) | Particulars of the person against whom the disqualification order was made— | ||||||||
| (a) | if an individual | ||||||||
| Forename (Note 2) | *( | ) | |||||||
| Surname (Note 3) | *( | ) | |||||||
| Hong Kong identity card No., if any (Note 4) | |||||||||
| Number and issuing country of any passport (Note 5) | |||||||||
| (b) | if a body corporate | ||||||||
| Corporate name | |||||||||
| Registered No. | |||||||||
| (3) | Name of court by which action was taken whereby the disqualification order was varied or ceased to be in force— | ||||||||
| (4) | Result of such action†— | ||||||||
| (a) | order ceased to be in force | ||||||||
| (b) | order varied | ||||||||
| if (b), state period of disqualification now specified in the order (to run from the date on which the order was originally made) | |||||||||
| (5) | Date on which the new order was made— | ||||||||
| Day | Month | Year | |||||||
| Signed | Date | ||||||||
| Name | Position | ||||||||
| Court†† | |||||||||
| * | Note 1 | ||||||||
| † | Please tick appropriate box(es) | ||||||||
| †† | Please state full name | ||||||||
| Notes | 1.In the case of a Chinese individual, the Chinese characters for any forename or surname, if they are used by such individual, must be included. | ||||||||
| 2.“Forename” includes a Christian or given name. | |||||||||
| 3.“Surname” in the case of a person usually known by a title different from his surname, means that title. | |||||||||
| 4.“Identity card” means an identity card issued under the Registration of Persons Ordinance (Cap. 177). If none, please state “None”. | |||||||||
| 5.If the Hong Kong identity card number of the person has been given, there is no need to give this information. | |||||||||
(46 of 2000 s. 40; 5 of 2002 s. 407; 14 of 2012 s. 176 and E.R. 1 of 2013; 28 of 2012 ss. 912 & 920)