Highlights of Prosecution Cases

Failure to keep the register of members, the register of directors, the register of company secretaries and the significant controllers register at the registered office, contrary to sections 628(1), 641(3), 648(3) and 653M(1) of the Companies Ordinance, Cap. 622.

Each of the fifteen defendants was convicted of 4 counts of charges and was fined $16,000 on 2 August 2023.

Former director of Chiu Yin Secretarial Services Company Limited

FORMER DIRECTOR OF NC ACCOUNTING FIRM LIMITED

DIRECTOR OF MANFUL POWER ASIA LIMITED

GREAT RICH WORLDWIDE LIMITED

WEALTHY SURE LIMITED
ABLE CHINA CREATION LIMITED
RICH WAVE CORPORATION LIMITED
HEAD TREND LIMITED
POWER EASY CORPORATION LIMITED
JOIN BILLION LIMITED
SINO FRIENDSHIP DEVELOPMENT LIMITED

1. Failure to keep the register of members, the register of directors and the register of company secretaries, contrary to sections 627(1), 641(1) and 648(1) of the Companies Ordinance, Cap. 622 (“the Ordinance”).
2. Failure to keep the register of members, the register of directors and the register of company secretaries at the registered office, contrary to sections 628(1), 641(3) and 648(3) of the Ordinance.
3. Failure to keep the significant controllers register at the registered office, contrary to section 653M(1) of the Ordinance.
4. Failure to display continuously the company name in legible characters at the registered office, contrary to section 3(1) of the Companies (Disclosure of Company Name and Liability Status) Regulation, Cap. 622B.

Director of ZHOUDING SECRETARY LIMITED

The defendant was convicted and fined a total of $40,000 on 1 August 2019. The Court also disqualified the defendant from holding a trust or company service provider licence for a period of six months.

ZHOUDING SECRETARY LIMITED

The defendant was convicted and fined a total of $50,000 on 9 May 2019. The Court also disqualified the defendant from holding a trust or company service provider licence for a period of six months.

Director of LISION SECRETARY LIMITED

The defendant was convicted and fined a total of $50,000 on 25 July 2019.  The Court also disqualified the defendant from holding a trust or company service provider licence for a period of six months.

LISION SECRETARY LIMITED

The defendant was convicted and fined a total of $50,000 on 25 July 2019.  The Court also disqualified the defendant from holding a trust or company service provider licence for a period of six months.

Director of
BOHAI INTELLECTUAL PROPERTY RIGHT HONGKONG CO., LIMITED

The defendant was convicted and fined a total of $40,000 on 13 June 2019. The Court also disqualified the defendant from holding a trust or company service provider licence for a period of six months.

Case Details

BOHAI INTELLECTUAL PROPERTY RIGHT HONGKONG CO., LIMITED

The defendant was convicted and fined a total of $40,000 on 13 June 2019. The Court also disqualified the defendant from holding a trust or company service provider licence for a period of six months.

Case Details

Director of IMPERIAL CHARITY HALL MEDICINES LIMITED

The defendant was convicted and fined $10,000 on 23 May 2019.

Case Details

Director of CR SECRETARIAL LIMITED 

 

The defendant was convicted and fined $5,000 on 26 March 2019

Case Details

Director of YUEDA (HK) INTERNATIONAL BUSINESS GROUP LIMITED

The defendant was convicted and fined $5,000 on 26 February 2019

1. Failure to hold annual general meetings of the company for the financial years 2016 and 2017, contrary to section 610(1) of the Companies Ordinance, Cap. 622 (“the Ordinance”).
2. Failure to take all reasonable steps to lay before the company in its annual general meetings a copy of the financial statements, directors’ report and auditor’s report on those financial statements for the relevant financial years 2016 and 2017 within the specified periods, contrary to section 429(1) of the Ordinance.

The defendant was convicted of 4 counts of charge and fined a total of $20,000 on 13 February 2019.

The defendant was convicted of 2 counts of charge and fined a total of $8,000 on 13 February 2019.

1. Failure to keep the register of members, the register of directors and the register of company secretaries at the registered office, contrary to sections 628(1), 641(3) and 648(3) of the Companies Ordinance, Cap. 622 (“the Ordinance”).
2. Failure to state the name of designated representative in the significant controllers register, contrary to section 653I(2)(a) of the Ordinance.
3. Failure to display continuously the company name in legible characters at the registered office, contrary to section 3(1) of the Companies (Disclosure of Company Name and Liability Status) Regulation, Cap. 622B.

Director of CONGI LIMITED

1. Failure to keep the register of members, the register of directors, the register of company secretaries and the significant controllers register at the registered office, contrary to sections 628(1), 641(3), 648(3) and 653M(1) of the Companies Ordinance, Cap. 622.
2. Failure to display continuously the company name in legible characters at the registered office, contrary to section 3(1) of the Companies (Disclosure of Company Name and Liability Status) Regulation, Cap. 622B.

An individual carrying on business as a sole proprietor

1. Failure to file the annual returns of the company for the years 2016, 2017 and 2018, contrary to section 662(1) of the Companies Ordinance, Cap. 622 (“the Ordinance”).
2. Failure to comply with a Direction given by the Registrar of Companies requiring the company to appoint at least one director who is a natural person, contrary to sections 457(2) and 458(5) of the Ordinance.

1. Failure to file the annual returns of the company for the years 2015 and 2016, contrary to section 662(1) of the Companies Ordinance, Cap. 622 (“the Ordinance”).
2. Failure of the company to have a registered office in Hong Kong, contrary to section 658(1) of the Ordinance.

1. Failure to keep the register of members, the register of directors, the register of company secretaries and the significant controllers register at the registered office, contrary to sections 628(1), 641(3), 648(3) and 653M(1) of the Companies Ordinance, Cap. 622.
2. Failure to display continuously the company name in legible characters at the registered office, contrary to section 3(1) of the Companies (Disclosure of Company Name and Liability Status) Regulation, Cap. 622B.

1. Failure to keep the significant controllers register at the registered office, contrary to section 653M(1) of the Companies Ordinance, Cap. 622.
2. Failure to display continuously the company name in legible characters at the registered office, contrary to section 3(1) of the Companies (Disclosure of Company Name and Liability Status) Regulation, Cap. 622B.

1. Failure to keep the register of members, the register of directors, the register of company secretaries and the significant controllers register at the registered office, contrary to sections 628(1), 641(3), 648(3) and 653M(1) of the Companies Ordinance, Cap. 622.
2. Failure to display continuously the company name in legible characters at the registered office, contrary to section 3(1) of the Companies (Disclosure of Company Name and Liability Status) Regulation, Cap. 622B.

1. Failure to hold annual general meeting, contrary to section 111(1) of the predecessor Companies Ordinance (i.e. the Companies Ordinance, Cap. 32, as in force before the commencement of the Companies Ordinance, Cap. 622).
2. Failure to hold annual general meeting, contrary to section 610(1) of the Companies Ordinance, Cap. 622.

1. The defendant was convicted and fined $5,000 on 31 January 2018 for this offence.
2. The defendant was convicted and fined $5,000 on 31 January 2018 for this offence.

1. Failure to hold annual general meeting of the company, contrary to section 610(1) of the Companies Ordinance, Cap. 622 (“the Ordinance”).
2. Failure to take all reasonable steps to lay before the company in its annual general meeting a copy of the financial statements, directors’ report and auditor’s report on those financial statements for the relevant financial year within the specified period, contrary to section 429(1) of the Ordinance.

1. The defendant was convicted and fined $4,000 on 31 January 2018 for this offence.
2. The defendant was convicted and fined $10,000 on 31 January 2018 for this offence.