Chapter: 32I Companies (Disqualification Orders) Regulation Gazette Number Version Date Empowering section E.R. 1 of 2017 15/02/2017 (Cap 32, section 168R) (Enacting provision omitted—E.R. 1 of 2014) [15 July 1994] (Originally L.N. 422 of 1994) (*Format changes—E.R. 1 of 2017) _____________________________________________________________________ Note: * The format of the Regulation has been updated to the current legislative styles. Section: 1 Interpretation E.R. 1 of 2017 15/02/2017 In this Regulationgrant 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. (46 of 2000 s. 40) (Enacted 1994) Section: 2 Application E.R. 1 of 2017 15/02/2017 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. (Enacted 1994) Section: (1) (2) 3 Officers of court to furnish particulars to Registrar E.R. 1 of 2017 15/02/2017 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(a) 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(25 of 1998 s. 2) (aa) where a disqualification order is made by the Tribunal within the meaning of section 2 of the repealed Ordinance (within the meaning of section 168R(5) of the Ordinance) or the Market Misconduct Tribunal within the meaning of section 1 of Part 1 of Schedule 1 to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) (ab) 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) (b) where a disqualification order is made by the District Court, the Registrar of the District Court; (c) 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. (Enacted 1994) Cap 32I - Companies (Disqualification Orders) Regulation 1 Section: (1) (2) 4 Particulars to be furnished by officers of court E.R. 1 of 2017 15/02/2017 The form in which the particulars are to be furnished is(a) that set out in Schedule 1 with such variations as circumstances require and the particulars contained therein are the particulars specified for that purpose; (b) 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; (c) 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. (Enacted 1994) Schedule: 1 E.R. 1 of 2017 15/02/2017 [section 4(1)(a)] FORM D.O. 1 COMPANIES (WINDING UP AND MISCELLANEOUS PROVISIONS) ORDINANCE (Cap 32) Particulars of a disqualification order Pursuant to section 168R To the Registrar of Companies 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 Ordinance ( “ CO ” ), 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 CO Section 168F of CO Section 168G of CO Section 168H of CO Section 168J of CO Section 168L of CO Section 23(1)(a) of SIDO Section 24(1) of SIDO Section 214(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- Cap 32I - Companies (Disqualification Orders) Regulation 2 (a) if an individual Fo *) re n ( a m e ( N ot e 2 ) Su * r n ( a m e ( N ot e 3 ) ) Us u al re si d e nt ia l a d d re ss at th e d at e o f th e Cap 32I - Companies (Disqualification Orders) Regulation 3 o r d er ( N ot e 4 ) Ho n g K o n g i d e n t i t y c a r d N o . , i f a n y ( N o t e 5 ) Nu Cap 32I - Companies (Disqualification Orders) Regulation 4 mbe r and issu ing cou ntry o f any pass port (No te 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 (4) Month Year Period of disqualification specified in the order- Signed Name Date 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. Cap 32I - Companies (Disqualification Orders) Regulation 5 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) (Enacted 1994) Schedule: 2 E.R. 1 of 2017 15/02/2017 [section 4(1)(b)] FORM D.O. 2 COMPANIES (WINDING UP AND MISCELLANEOUS PROVISIONS) ORDINANCE (Cap 32) Particulars of the grant of leave in relation to a disqualification order Pursuant to section 168R To the Registrar of Companies I furnish the following particulars of the grant of leave in relation to a disqualification order as required by the Companies (Disqualification Orders) Regulation(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 Fo *) r e ( n a m e ( N o Cap 32I - Companies (Disqualification Orders) Regulation 6 te 2 ) Su * r n ( a m e ( N o te 3 ) ) H o n g K o n g i d e n t i t y c a r d N o . , i f a n y ( N o t e Cap 32I - Companies (Disqualification Orders) Regulation 7 4 ) N um ber and issu ing cou ntry o f any pass port (No te 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 Fo *) r e ( n a m e ( N o te 2 ) Su * r n ( Cap 32I - Companies (Disqualification Orders) Regulation ) 8 a m e ( N o te 3 ) H o n g K o n g i d e n t i t y c a r d N o . , i f a n y ( N o t e 4 ) N um ber Cap 32I - Companies (Disqualification Orders) Regulation 9 and issu ing cou ntry o f any pass port (No te 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) Date on which leave was grantedDay (7) Month Year 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 Name Date Position Court++ * + Note 1 Please tick appropriate box(es) Cap 32I - Companies (Disqualification Orders) Regulation 10 ++ 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) (Enacted 1994) Schedule: 3 E.R. 1 of 2017 15/02/2017 [section 4(1)(c)] FORM D.O. 3 COMPANIES (WINDING UP AND MISCELLANEOUS PROVISIONS) ORDINANCE (Cap 32) Particulars of the variation or cessation of a disqualification order Pursuant to section 168R To the Registrar of Companies 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- (14 of 2012 s. 176 and E.R. 1 of 2013) (1) Date on which the disqualification order was made by this court- Day (2) Month Year Particulars of the person against whom the disqualification order was made(a) if an individual Fo *) r e ( n a m e ( N o Cap 32I - Companies (Disqualification Orders) Regulation 11 te 2 ) Su * r n ( a m e ( N o te 3 ) ) H o n g K o n g i d e n t i t y c a r d N o . , i f a n y ( N o t e Cap 32I - Companies (Disqualification Orders) Regulation 12 4 ) N um ber and issu ing cou ntry o f any pass port (No te 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 Signed Cap 32I - Companies (Disqualification Orders) Regulation Year Date 13 Name Position Court++ * Note 1 + Please tick appropriate box ++ Please state full name Notes 1. 2. 3. 4. 5. 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. "Forename" includes a Christian or given name. "Surname" in the case of a person usually known by a title different from his surname, means that title. "Identity card" means an identity card issued under the Registration of Persons Ordinance (Cap 177). If none, please state "None". 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; 28 of 2012 ss. 912 & 920) (Enacted 1994) Cap 32I - Companies (Disqualification Orders) Regulation 14
© Copyright 2025 Paperzz