Cap. 32 sub. leg. I

Companies (Disqualification Orders) Regulation(Cap. 32, section 168R)(Enacting provision omitted—E.R. 1 of 2014) [15 July 1994](Format changes—E.R. 1 of 2017) 1. Interpretation 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.(46 of 2000 s. 40) 2. Application 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. 3. Officers of court to furnish particulars to Registrar (1) 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(25 of 1998 s. 2)(aa) where a disqualification order is made by the Tribunal within the meaning of section 2 of the repealed Ordinance (within the meaning of section 168R(5) of the Ordinance) or the Market Misconduct Tribunal within the meaning of section 1 of Part 1 of Schedule 1 to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.(2) 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. 4. Particulars to be furnished by officers of court (1) 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.(2) A prescribed officer of the court is to furnish the Registrar with the said particulars as soon as practically possible. Schedule 1 [s. 4(1)(a)]FORM D.O. 1 COMPANIES (WINDING UP AND MISCELLANEOUS PROVISIONS) ORDINANCE (Cap. 32) Particulars of a disqualification orderPursuant to section 168RTo 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 (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) Schedule 2 [s. 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 orderPursuant to section 168RTo 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 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) Date on which leave was granted— 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) Schedule 3 [s. 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 orderPursuant 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— (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)