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WEDNESDAY, APRIL 7, 1993

"THESE

UK

BEEN

PROVISIONS HAVE SINCE

REPEALED BY THE INTRODUCTION OF THE COMPANY DIRECTORS DISQUALIFICATION ACT 1986. THE CURRENT AMENDMENTS ARE BASED ON THIS LATTER ACT, THE SPOKESMAN SAID.

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IS

"ONE OF THE PRINCIPAL CHANGES UNDER THE CURRENT PROPOSALS THAT THE HIGH COURT WILL, UPON APPLICATION, BE REQUIRED TO DISQUALIFY A PERSON FROM BEING A DIRECTOR, LIQUIDATOR OR RECEIVER OR FROM TAKING PART IN THE PROMOTION, FORMATION OR MANAGEMENT OF A COMPANY FOR AT LEAST ONE YEAR IF THAT PERSON IS OR HAS BEEN A DIRECTOR OF A COMPANY WHICH HAS BECOME INSOLVENT AND HIS CONDUCT AS A DIRECTOR OF THAT COMPANY, IN THE OPINION OF THE COURT, MAKES HIM UNFIT TO BE CONCERNED IN THE MANAGEMENT OF A COMPANY," THE SPOKESMAN SAID.

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THE BILL ALSO PROVIDES FOR THE FINANCIAL SECRETARY TO APPLY FOR DISQUALIFICATION ORDER IF IT APPEARS, FROM AN INSPECTOR'S REPORT, UNDER

146 OF THE ORDINANCE, FOLLOWING AN INVESTIGATION, OR FROM DOCUMENTS OBTAINED UNDER SECTIONS 152A OR B, THAT IT IS IN THE PUBLIC INTEREST THAT A PERSON SHOULD BE DISQUALIFIED, THE SPOKESMAN SAID.

THE EXISTING GROUNDS ON WHICH APPLICATIONS FOR DISQUALIFICATION ORDERS MAY BE MADE, E.G. FOLLOWING CONVICTION OF AN INDICTABLE OFFENCE OR AS A RESULT OF PERSISTENT BREACHES IN COMPLYING WITH PROVISIONS OF THE ORDINANCE, OR FRAUDULENT TRADING UNCOVERED DURING THE COURSE OF THE COMPANY'S LIQUIDATION, ARE RETAINED.

THE PROPOSED LEGISLATION GIVES MORE GUIDANCE TO THE COURTS IN A NEW SCHEDULE AS TO WHAT CONDUCT MIGHT RENDER A PERSON UNFIT TO BE A DIRECTOR AND IT ALSO CLARIFIES THE POWER OF THE COURT UNDER CERTAIN PROVISIONS, TO MAKE A DISQUALIFICATION ORDER ON ITS OWN INITIATIVE.

THE OPPORTUNITY IS ALSO TAKEN TO TRANSFER CERTAIN POWERS WITH LITTLE OR NO POLICY CONTENT, FROM THE GOVERNOR IN COUNCIL TO THE FINANCIAL SECRETARY AND THE REGISTRAR OF COMPANIES.

A FURTHER PROPOSED AMENDMENT IS THE REMOVAL OF THE REQUIREMENT FOR ACCOUNTS SUBMITTED BY LIQUIDATORS ON COMPANIES WOUND UP BY THE COURT TO BE VERIFIED BY STATUTORY DECLARATION.

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NEW PROVISIONS TO TIDY UP EDUCATION ORDINANCE

THE EDUCATION (AMENDMENT) BILL 1993 WHICH SEEKS TO UP-DATE THE EDUCATION ORDINANCE BY REMOVING A NUMBER OF REDUNDANT AND OBSOLETE PROVISIONS AS WELL AS PROPOSING NEW ONES TO CATER FOR THE LATEST DEVELOPMENTS IN THE EDUCATION FIELD, WILL BE PUBLISHED FOR GENERAL INFORMATION IN THE GAZETTE TOMORROW (THURSDAY).

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UNDER THE BILL, THE PRESENT DEFINITIONS OF THE NURSERY, KINDERGARTEN, PRIMARY AND SECONDARY EDUCATION ARE MODIFIED SO AS GIVE A BETTER IDEA OF THE USUAL AGE OF ENTRY AND DURATION OF AT EACH LEVEL OF EDUCATION.

COURSES

THERE IS

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