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Archive - Highlights of Prosecution Cases

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Defendant(s)Nature of OffenceJudgmentRemarks
NICE CHEER INTERNATIONAL ENTERPRISES LIMITEDFailure to either register a person as a member of the company in respect of the shares transmitted to her by operation of law or send her notice of refusal of registration within the prescribed time of 2 months after receiving notification of her wish to be so registered, contrary to section 158(2) of the Companies Ordinance, Cap. 622.The defendant was convicted and fined $25,000 on 20 April 2016Case Details
Director of the following companies : YST TECHNOLOGY LIMITED, YST TELECOMMUNICATION LIMITED and UNITEK HOLDINGS LIMITED
  1. Failure to file the annual returns of the companies for the years 2012 and 2013, contrary to section 109(1A) of the predecessor Companies Ordinance (i.e. the Companies Ordinance, Cap. 32, as in force before the commencement of the Companies Ordinance, Cap. 622), and failure to file the annual returns of the companies for the year 2014, contrary to section 662(1) of the Companies Ordinance, Cap. 622 (“the Ordinance”).
  2. Failure of the companies to have a registered office in Hong Kong, contrary to section 658(1) of the Ordinance.
The defendant was convicted for 12 counts of charges on 2 December 2015 and the total fines imposed by the Court were $60,000.Case Details
A person being a director of NCA INTERNATIONAL HOLDINGS LIMITED at the material timeFailure to file the annual returns of the company for 2011 to 2013 together with the related accounts, contrary to sections 109(1) and 109(3) of the predecessor Companies Ordinance (i.e. the Companies Ordinance (Cap.32) as in force before the commencement of the Companies Ordinance, Cap. 622).The defendant was convicted and fined a total of $52,500 on 2 December 2015.Case Details
HK ZHOUT INT'L INVEST CONSULTANT LIMITED (as the company secretary of 28 companies (“relevant companies”))
  1. Failure of the relevant companies to keep the registers of members, the registers of directors and the registers of company secretaries at their respective registered offices, in contravention of sections 628(1), 641(3) and 648(3) of the Companies Ordinance, Cap. 622.
  2. Failure of the relevant companies to display continuously the company names in legible characters at their registered offices, in contravention of section 3(1) of the Companies (Disclosure of Company Name and Liability Status) Regulation, Cap. 622B.
The defendant was convicted for 90 counts of charges on divers dates from April to October 2015 and the total fine imposed by the Courts were $383,500.Case Details
SCXR (HONGKONG) INTERNATIONAL LIMITEDFailure to display continuously the company name in legible characters at the registered office of the company, in contravention of section 3(1) of the Companies (Disclosure of Company Name and Liability Status) Regulation, Cap. 622B.The defendant was convicted and fined $16,000 on 19 October 2015.Case Details
SBC CORPORATE SERVICES LIMITED (as the company secretary of SCXR (HONGKONG) INTERNATIONAL LIMITED (“the Company”))Failure of the Company to display continuously the company name in legible characters at the registered office of the Company, in contravention of section 3(1) of the Companies (Disclosure of Company Name and Liability Status) Regulation, Cap. 622B.The defendant was convicted and fined $16,000 on 19 October 2015.Case Details
HONG KONG MORNING NEWS MEDIA GROUP LIMITEDFailure to comply with a Direction given by the Registrar of Companies requiring the Company to appoint at least one director and a Direction requiring it to appoint at least one director who is a natural person, contrary to sections 454(1), 457(2) and 458(5) of the Companies Ordinance, Chapter 622 of the Laws of Hong Kong; and failure to notify the Registrar of Companies of the resignation of its sole director in specified form within 15 days, contrary to section 645(4) of the Companies Ordinance.The defendant was convicted on 24 June 2015 and the total fines imposed by the Court were $60,000.Case Details
AdBeyond (Group) Limited

Failure to notify the Registrar of Companies of the change of address of its director within the prescribed period of 14 days, contrary to section 158(4) of the predecessor Companies Ordinance (i.e. the Companies Ordinance, Cap.32, as in force before the commencement of the Companies Ordinance, Cap. 622).

The defendant was convicted and fined $21,340 on 26 November 2014.Case Details
iMinds Interactive Limited(i)
Failure to notify the Registrar of Companies of the change of its registered office in Hong Kong within the prescribed period of 14 days, contrary to section 92(3) of the predecessor Companies Ordinance (i.e. the Companies Ordinance, Cap.32, as in force before the commencement of the Companies Ordinance, Cap. 622).
(i)The defendant was convicted and fined $20,940 on 26 November 2014 for this offence.Case Details
(ii)
Failure to notify the Registrar of Companies of the change of address of its director within the prescribed period of 14 days, contrary to section 158(4) of the predecessor Companies Ordinance.
(ii)
The defendant was also convicted and fined $21,340 on 26 November 2014 for this offence.
New Centuries Management Limited (a founder member of Hong Kong Chuangxin International Financial Group Limited ("the Company"))

Failure to deliver to the Registrar of Companies the specified form reporting the consents of its 2 directors to act as the first directors of the Company, within the prescribed period of 14 days after the date of incorporation, contrary to section 18A(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).

The defendant was convicted and fined a total of $59,460 on 26 November 2014.Case Details
CATHAY ASIA CAPITAL GROUP LIMITED

Failure to have at least 2 directors during the period when it was a public company, contrary to section 153(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).

The defendant was convicted and fined $22,600 on 29 October 2014.Case Details
4 persons each being the director of one or more of the following companies :-
ASIATIC CENTURY LIMITED
BEST SEASON CORPORATION LIMITED
CHEERFUL RAISE LIMITED
CLUB KINGDOM THE CENTRAL GROUP LIMITED
DRAGON PRAISE LIMITED
EASE GOAL MANAGEMENT LIMITED
EASY LARGE LIMITED
HONOR LEGEND LIMITED
JOYFUL GREEN LIMITED
JOYFUL MERCY LIMITED
OCEAN AMPLE INVESTMENT LIMITED

Failure to convene annual general meetings ("AGMs") of the companies, contrary to section 111 of the predecessor Companies Ordinance (i.e. the Companies Ordinance, Cap.32, as in force before the commencement of the Companies Ordinance, Cap. 622); and failure to take all reasonable steps to lay before the companies at their respective AGMs profit and loss accounts and balance sheets for the period since incorporation / since the preceding accounts made up to a date falling not more than 9 months before the relevant date of the AGM, contrary to section 122 of the predecessor Companies Ordinance.

The four defendants were convicted on 28 October 2014 and the total fines imposed by the Court were $576,000.Case Details
ASIATIC CENTURY LIMITED
BEST SEASON CORPORATION LIMITED
CHEERFUL RAISE LIMITED
CLUB KINGDOM THE CENTRAL GROUP LIMITED
DRAGON PRAISE LIMITED
EASE GOAL MANAGEMENT LIMITED
EASY LARGE LIMITED
HONOR LEGEND LIMITED
JOYFUL GREEN LIMITED
JOYFUL MERCY LIMITED
OCEAN AMPLE INVESTMENT LIMITED
Failure to hold annual general meetings ("AGMs"), contrary to section 111 of the predecessor Companies Ordinance (i.e. the Companies Ordinance, Cap.32, as in force before the commencement of the Companies Ordinance, Cap. 622).The defendants were convicted on 28 October 2014 and the total fines imposed by the Court were $80,000.Case Details
Director of Trendy Legend Knitting LimitedFailure of Trendy Legend Knitting Limited to have a registered office in Hong Kong, contrary to section 92 of the predecessor Companies Ordinance (i.e. the Companies Ordinance (Cap.32) as in force before the commencement of the Companies Ordinance, Cap. 622).The defendant was convicted and fined $6,540 on 8 October 2014.Case Details
D'KANS INTERNATIONAL (HK) LIMITED, company secretary of NEW PENG RICH TECHNOLOGY HK CO., LIMITED ("the Company")Failure to paint or affix, and keep painted or affixed, the name of the Company on the outside of the office or place in which its business is carried on, in a conspicuous position, in legible characters, contrary to section 93(1)(a) of the predecessor Companies Ordinance (i.e. the Companies Ordinance (Cap.32) as in force before the commencement of the Companies Ordinance, Cap. 622).Defendant was convicted and fined $7,220 on 8 October 2014Case Details
CHINA NATURAL GAS (HONG KONG) INVESTMENT LIMITED
(i)
Failure to hold annual general meetings, contrary to section 111 of the predecessor Companies Ordinance (i.e. the Companies Ordinance, Cap.32, as in force before the commencement of the Companies Ordinance, Cap. 622).(i)The defendant was convicted and fined a total of $10,000 on 2 July 2014 for this offence.Case Details
(ii)
Failure to notify the Registrar of Companies of the change of address of its director within the prescribed time of 14 days, contrary to section 158(4) of the predecessor Companies Ordinance.
(ii)
The defendant was also convicted and fined $10,000 on 2 July 2014 for this offence.
2 Directors of Uchee Company LimitedFailure to take all reasonable steps to lay before the company’s annual general meeting ("AGM") a profit and loss account and a balance sheet of the Company for the period since the preceding accounts made up to a date falling not more than 6 months before the date of the AGM, contrary to section 122 of the predecessor Companies Ordinance (i.e. the Companies Ordinance, Cap.32 as in force before the commencement of the Companies Ordinance, Cap. 622).The two defendants were convicted and each fined $4,000 on 7 May 2014.Case Details
Royal International Agricultural Development Group (China) Co. LimitedContinuous failure to paint or affix, and keep painted or affixed, the name of the company on the outside of the office or place in which its business is carried on, in a conspicuous position, in legible characters, contrary to section 93(1)(a) of the Companies Ordinance, Chapter 32 of the Laws of Hong Kong.Defendant was convicted and fined $15,690 on 19 February 2014Case Details
Director of Real Joy LimitedKnowingly or recklessly giving false or misleading information to the Registrar of Companies, contrary to section 291AA(14) of the Companies Ordinance, Chapter 32 of the Laws of Hong Kong.Defendant was convicted and fined $6,000 on 22 January 2014Case Details
Fu Wah Int’l Business (HK) LimitedAs the company secretary of Royal International Agricultural Development Group (China) Co Limited ("the company"), failing to paint or affix, and keep painted or affixed, the name of the company on the outside of the office or place in which its business is carried on, in a conspicuous position, in legible characters, contrary to section 93(1)(a) of the Companies Ordinance, Chapter 32 of the Laws of Hong Kong.Defendant was convicted and fined $11,300 on 21 August 2013Case Details
Director of APAC Trading (International) Company LimitedKnowingly or recklessly giving false or misleading information to the Registrar of Companies, contrary to section 291AA(14) of the Companies Ordinance, Chapter 32 of the Laws of Hong Kong.Defendant was convicted and fined $7,000 on 17 July 2013Case Details
Upplan Company Limited
(in Receivership)
Company issuing letter with company name letterheads without reference to the fact that the company was in receivership, contrary to section 299(1) of the Companies Ordinance, Chapter 32 of the Laws of Hong Kong.The Defendant was convicted and fined $2,000 on 1 August 2012.Case Details
WLS (Oversea Projects) LimitedFailing to hold annual general meeting within the prescribed time, contrary to section 111(1) of the Companies Ordinance, Chapter 32 of the Laws of Hong Kong.The Defendant was convicted and fined a total of $9,000 on 6 June 2012.Case Details
Director of Fu Ngai Pipes Factory LimitedKnowingly or recklessly giving false or misleading information to the Registrar of Companies, contrary to section 291AA(14) of the Companies Ordinance, Chapter 32 of the Laws of Hong Kong.The Defendant was convicted and fined $1,800 on 20 April 2012.Case Details
Directors of Wintrend Creative LimitedKnowingly or recklessly giving false or misleading information to the Registrar of Companies, contrary to section 291AA(14) of the Companies Ordinance, Chapter 32 of the Laws of Hong Kong.The defendant was convicted and fined $5,000 on 12 January 2011.Case Details
Directors of Lightway China Company Limited and Fantasy Gift International Company LimitedKnowingly or recklessly giving false or misleading information to the Registrar of Companies, contrary to section 291AA(14) of the Companies Ordinance, Chapter 32 of the Laws of Hong Kong.The two defendants were convicted and fined $6,000 and $8,000 respectively on 29 September 2010.Case Details
Director of Kingweal LimitedMaking a false statement in a return reporting the registered office address of a company, contrary to section 349 of the Companies Ordinance, Chapter 32 of the Laws of Hong KongDefendant was convicted and fined $1,200 on 9 February 2010.Case Details
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