RIF Voice

Issue no. 2 (16 September 2008)


	Court News		Re: Prof. Philip St. John Smart

Court News

The following links provide details of two related judgments made by Madam J Kwan in December 2007, and most recently, in August 2008. The cases deal with misconduct by a liquidator and the action taken by the Official Receiver and the Court in response to the same.

The cases illustrate the powers of the Court to take action against liquidators who fail to comply with their duties.

The Court ordered, among other things, that the liquidator be removed, his remuneration be disallowed and that he be disqualified for 6 years on the grounds of serious breaches of duty. In making this order, the Court noted that there were no decided cases in Hong Kong regarding disqualification under section 168G(1)(b) of the Companies Ordinance, and very few in relation to section 4 of the UK Company Directors' Disqualification Act 1986, on which the Hong Kong law was based.

Click on the links below to access full transcript of judgment:

In the matter of Rainbow Gate Limited and of the Companies Ordinance (Cap.32) (HCCW 593/1998)

In the matter of Well Bond Group Limited and Rainbow Gate Limited and Section 168G of the Companies Ordinance, Cap.32 (HCMP 531/2008)

Re: Prof. Philip St. John Smart

Further to the "in memoriam" article in "The IP's Voice", Issue No.1, we have since been informed that the memorial service for Prof. Philip St. John Smart, arranged by the law faculty of University of Hong Kong, where he taught, will be held on Friday, 28 November 2008.


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