8
WEDNESDAY, APRIL 21, 1993
THE
BODIES
THIS PROVISION HAS BECOME OUT-OF-DATE BECAUSE SEPARATE OR AUTHORITIES SUCH AS THE VOCATIONAL TRAINING COUNCIL, THE UNIVERSITY
POLYTECHNIC AND
GRANTS
EXAMINATIONS COMMITTEE AND
HONG KONG AUTHORITY HAVE BEEN CREATED TO BE RESPONSIBLE FOR SPECIFIC SECTORS THE EDUCATION SYSTEM.
OF
THE THE BILL ALSO PROPOSES TO DELETE A NUMBER OF PROVISIONS IN
THE DIRECTOR PRINCIPAL ORDINANCE WHICH SET OUT THE GROUNDS ON WHICH
AS TO MAY REFUSE TO REGISTER SCHOOLS FOR POLITICAL REASONS AS WELL REFUSE OR CANCEL THE REGISTRATION OF TEACHERS.
DEBATE ON THE BILL WAS ADJOURNED.
MORE EFFECTIVE ACTION AGAINST IRRESPONSIBLE DIRECTORS
WAS
MORE READILY A BILL THAT SEEKS TO PROVIDE MORE EXTENSIVE AND ENFORCEABLE MEASURES AGAINST IRRESPONSIBLE
DIRECTORS COMPANY INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING
(No.3) CARTLAND,
THE
THE SECOND READING OF THE COMPANIES (AMENDMENT} BILL 1993, THE SECRETARY FOR FINANCIAL SERVICES, MR MICHAEL SAID THE BILL ALSO CONTAINED SOME MINOR PROVISIONS TO STREAMLINE OPERATION AND ADMINISTRATION OF THE COMPANIES ORDINANCE.
MR CARTLAND SAID THE EXISTING PROVISIONS ON DISQUALIFICATION OF AS THE COMPANY DIRECTORS SUFFERED FROM THE SAME INHERENT WEAKNESSES EARLIER UK LEGISLATION.
EXAMPLE, THEY PROVIDE
"FOR
THE COURT WITH THE MAXIMUM THAT DISCRETION BUT LITTLE GUIDANCE AS TO THE SPECIFIC CIRCUMSTANCES WOULD MERIT DISQUALIFICATION, AND THEY SET PRECONDITIONS FOR ACTION TO
HE SAID. BE TAKEN THAT ARE UNNECESSARILY STRINGENT,
THE
UK'S COMPANY NEW PROVISIONS IN THE BILL ARE BASED UPON
AND DIRECTORS DISQUALIFICATION ACT 1986 WHICH PROVIDED MORE EFFECTIVE MORE READILY ENFORCEABLE MEASURES AGAINST COMPANY DIRECTORS WHO ABUSED THEIR OFFICE OR PAID LITTLE REGARD TO THEIR STATUTORY OBLIGATIONS.
A
EXISTING THE
"THEY REPRESENT
SIGNIFICANT ADVANCE
THE ON
DEAL WITH PROVISIONS BY PRESCRIBING MORE SPECIFIC MEASURES TO PROBLEM OF DIRECTORS' MISCONDUCT, MR CARTLAND SAID.
IN RELATION TO INSOLVENCIES, FOR EXAMPLE, IT WILL NO LONGER
IN A PRECONDITION THAT A PERSON MUST BE INVOLVED AS A DIRECTOR INSOLVENT COMPANIES WITHIN FIVE YEARS BEFORE A DISQUALIFICATION MAY BE MADE.
BE
TWO
ORDER
/INSTEAD, IT