Author: Monica Chan
The second edition incorporates the relevant provisions stipulated in the Hong Kong Companies Ordinance (Cap 622). This book provides a general overview, with a focal point to company law and shareholders’ rights using Hong Kong as the context.
Publication Date: November 2021
This edited book, "Company Law and Shareholders’ Rights", aims to provide a broad and practical overview on shareholders’ rights from a Hong Kong legal perspective which is revised based on its first detailed edition. It mainly covers topics and discussions on the general principles, the common law derivative actions, the no-reflective loss principle, the statutory derivative action, the personal action, and the unfair prejudice remedy. The law in these areas has developed significantly since the new statutory derivative action contained in Part IVAA of the former Companies Ordinance (Cap 32) was first created in 2004, and even more so, after the latest Companies Ordinance (Cap 622) was introduced in 2014.
"Chapter One Setting the Scene
Chapter Two The Historical Development of Unjust Enrichment
Chapter Three The Unjust Enrichment Analysis
Chapter Four An Overview of the Law of Unjust Enrichment in Hong Kong
Chapter Five Identifying Property: Following and Tracing
Chapter Six Mistake
Chapter Seven Failure of Consideration
Chapter Eight Ignorance
Chapter Nine Duress
Chapter Ten Undue Influence
Chapter Eleven Legal Compulsion
Chapter Twelve Necessity
Chapter Thirteen Illegality
Chapter Fourteen Incapacity
Chapter Fifteen Unconscionability
Chapter Sixteen Ultra Vires Demands by Public Authorities
Chapter Seventeen Defences
Chapter Eighteen Proprietary Restitution
Chapter Nineteen Subrogation
Chapter Twenty Choice of Law"