1964_COMPANIES_ORDINANCE — Page 53

1984 Ed.]

Companies

[CAP. 32

163

(2) In subsection (1) "the court", in relation to the making of an order against any person by virtue of paragraph (a) thereof, includes

(a) where such person is convicted by a magistrate, such magistrate:

(b) in any other case, the court before which he is convicted.

(3) An application to the court for the making of an order under subsection (1) may be made by the Financial Secretary, the Official Receiver or any person who is or has been a member or creditor of any company of which the person against whom the order is sought is, has been or proposes to become a director or in the management of which that person is, has been or proposes to be concerned, or, if the application is made in the course of winding up a company, by the liquidator of the company or any person who is or has been a member or creditor of the company.

(4) Where, on the application of the Financial Secretary, it appears to the court-

(a) that a person has been persistently in breach of his obligations under this Ordinance; or

(b) that a person has been guilty of any such offence, conduct, fraud or breach of duty as is mentioned in subsection (1)(b), whether or not his guilt appears in the course of winding up,

the court may make the like order against that person as the court may make under subsection (1).

(5) For the purposes of subsection (4)(a), the fact that a person has been persistently in breach of his obligations under this Ordinance may (without prejudice to its proof in any other manner) be conclusively proved by showing that in the period of 5 years ending on the date of the application he has been convicted (whether or not on the same occasion) of 3 or more offences under this Ordinance or has had 3 or more default orders made against him.

(6) A person intending to apply to the court for the making of an order under this section shall give not less than 10 days' notice of his intention to the person against whom the order is sought and on the hearing of the application the last-mentioned person may appear and himself give evidence or call witnesses; and on the hearing of any application by the Financial Secretary, the Official Receiver or a liquidator for any such order, the Financial Secretary, Official Receiver or liquidator shall appear and call the attention of the court to any matters which seem to him to be relevant and may himself give evidence or call witnesses.

(7) An order may be made by virtue of subsection (1)(b)(iii) notwithstanding that the person concerned may be criminally liable in respect of the matters on the grounds of which the order is to be made.