Inefficiencies in Hong Kong Minority Shareholders Protection Provisions
Inefficiencies in Hong Kong Minority Shareholders Protection Provisions Introduction Many Hong Kong companies, including many listed companies, originate from family business and controlled by small group of people with strong family relation (Cheung, 2000). If the law is inefficient to protect minority shareholders, it is possible for controlling shareholders to abuse company assets by using sophisticated corporate structure to the detriment of minority shareholders. Generally, statutory law and common law construct minority shareholders protection legal system in Hong Kong. This paper will focus on statutory law protection. The Company Ordinance has provided certain safeguards to ensure majority power is not abused (Stott, 2011). This paper will first discuss Section 168A and Part IVAA which regulates statutory derivative action, to identify inefficiencies and then give suggestions respectively. Discussion The Foss v Harbottle (1843) case has consolidated the concept of majority shareholder rule in the company administration. The two significant influences of this case are that it demonstrated the concept of judicial non-interference in the company management, and the proper plaintiff is the company (Nwafor, 2011). The minority could only seek redress from statutory protection or common law protection by carrying out stringent procedures. The following sections will
INDIGENOUS AUSTRALIANS: THE BRITISH INVASION, TERRA NULLIUS, AND THE CONTINUING FIGHT FOR LAND RIGHTS RECOGNITION
INDIGENOUS AUSTRALIANS: THE BRITISH INVASION, TERRA NULLIUS, AND THE CONTINUING FIGHT FOR LAND RIGHTS RECOGNITION I INTRODUCTION Over the years there have been numerous concerns regarding the effectiveness of the Australian legal system in relation to achieving justice for Indigenous Australians. Justice is seen as 'the fair and equitable treatment of all individuals under the law'.1 While Australia is typically known for its diversity and multicultural society, with a significant emphasis on equality for all, this is certainly not reflected in the treatment of Indigenous Australians. This essay will critically analyse the British invasion of Australia, and the subsequent taking of the Indigenous Peoples land as being unique from a global perspective. The concept of terra nullius, meaning land belonging to no one, was applied to the Australian colonisation even though Indigenous Australians already inhabited the land. The British made claims that Aboriginal Peoples were savages who were too low in the scale of social organisation to be acknowledged as citizens.2 This is a stigma, which Indigenous Australians are still struggling to shake in contemporary society. More recently, an insight into the global perspective of terra nullius can be seen in the Hollywood blockbuster film, Avatar. Several themes and plot arcs mirror the situation that has plagued Indigenous
This essay focuses on the issues surrounding environmental sustainability and the impact it has on corporate governance. It will focus primarily on the changes that will occur for internal corporate governance in Australia once the new Carbon Pricing Sche
ENVIRONMENTAL SUSTAINABILITY & ITS IMPACT ON CORPORATE GOVERNANCE I INTRODUCTION In recent years it has been established that global corporations have contributed immensely to climate change and the sustainability of the planet.1 Decisions made by corporations have impacted adversely on environmental resources2 through the production of greenhouse gases ('GHGs'), the unsustainable use of biodiversity, and by the production of toxic and hazardous substances and waste.3 Since the early 1990s, it has been documented that multinational corporations generate more than 50 per cent of global GHG emissions.4 However, over the past 45 years, since the actions of corporations were recognised as being potential threats to the environment, there has been a significant shift in thinking. Decisions made by companies, which are regulated by corporate law Governments worldwide are introducing stringent "climate laws" to curb further environmental damage.5 It is now becoming evident that corporations need to bear the lion's share of responsibility in actively curtailing their emissions into the global atmosphere.6 This essay focuses on the issues surrounding environmental sustainability and the impact it has on corporate governance. It will focus primarily on the changes that will occur for internal corporate governance in Australia once the new Carbon Pricing Scheme ('CPS') is
Introduction to American Law. 5 questions on the US legal system.
LA TROBE UNIVERSITY FACULTY OF LAW & MANAGEMENT SCHOOL OF LAW LAW5HAL Introduction to American Law ESSAY Tutor: Prof. Thomas Lundmark Resources I. Articles . The Harvard Law Review, The Constitutional Status of Sexual Orientation: Homosexuality As a Suspect Classification (1985), Vol. 98, No. 6, 1285-1309. 2. American Bar Association, Judicial Selection: The Process of Choosing Judges (2008), American Bar Association, American Judicature Society, June 2008, 1-23. II. Books . Thomas Lundmark, Power & Rights in US Constitutional Law (2nd ed, 2008). 2. E. Allan Farnsworth, An Introduction to the Legal System of the United States (3rd ed, 999). 3. Henry Steiner, Philip Alston, Ryan Goodman, International Human Rights in Context: Law, Politics, Morals (3rd ed, 2008). 4. Kermit L. Hall, By and For the People - Constitutional Rights in American History (1st ed, 1991). 5. Peter Butt, Concise Australian Legal Dictionary (3rd ed, 2004). III. Cases . United States v. Lopez, 514 U.S. 549 (1995). 2. United States v. Morrison, 529 U.S. 598 (2000). 3. Gonzales v. Raich, 545 U.S. 1 (2005). 4. Brandenburg v . Ohio, 395 U.S. 444 (1969). 5. Chaplinsky v. State of New Hampshire, 315 U.S.568 (1942). 6. Lewis v. City of New Orleans, 415 U.S.130 (1974). 7. Hustler Magazine, Inc. v. Falwell 485 U.S. 46 (1988). IV. Internet . http://www.spiegel.de. 2.
Australian Court vist report. In observing the R -v- Spina case there were many key participants that were Identified in the courtroom.
Southern Cross University? School of Law and Justice Assignment Cover Sheet Name: Lourine K Singh Address: 11 Kew Place, Heritage Park, 4118 Student ID No.: 21961395 Unit Name: Criminal Process Unit Code: LAW00050 Unit Assessor's name: Dr Angela Adria Assignment No.: Assignment Title/Option Chosen: Court Attendance Report and Analysis Word Count: 314 Due date: 26th March 2012 Date submitted: 26th March 2012 Phone No*.: 0422733930 By submitting this assessment item you are agreeing to the following Declaration: I have read and understand Rule 3.18 concerning penalties which apply to Academic Misconduct Including Plagiarism, as contained in the University Handbook, and agree to be bound by the University rules in this regard. To the best of my knowledge the work I am submitting for this assessment item contains no materials written by another person except where due reference has been made. I have not previously submitted this work or any version of it for assessment in any other unit offered by Southern Cross University or any other institution. I declare I have kept a copy of this assignment. Date Time Court Judges/Magistrate Parties Legal Representation Yes/No Charges 23rd March 2012 0am Brisbane Supreme Court Justice Applegarth R -v- Sica Yes Murder and Grievous Bodily Harm . Describe the proceedings in detail. Sica was charged with
Hong Kong Constitutional Law - in order to combat cross-border crime in an effective way, clear principles and details on practice as to under which conditions suspects should be transferred between Hong Kong and the Mainland is essential.
CROSS-BORDER CRIME AND JURISDICTION Under the principle of "One Country, Two Systems", the mainland of the PRC ("Mainland") uses a continental civil law system, while the Hong Kong Special Administrative Region is under the common law system. After the handover of Hong Kong's sovereignty to the PRC in 1997, economic and social interaction among people from the two places increased rapidly. As a result thereof, the number of cross-border crimes has also increased,1 which has given rise to some controversies in respect of the jurisdiction of Hong Kong and Mainland courts over cross-border crime. Furthermore, in order to combat cross-border crime in an effective way, clear principles and details on practice as to under which conditions suspects should be transferred between Hong Kong and the Mainland is essential. In this paper, I will examine the division of criminal jurisdiction by first defining criminal jurisdiction and providing a background followed by a discussion over the jurisdictional controversies arising from two landmark cases in a constitutional perspective. Then, I will examine the relevance of a rendition agreement in solving these controversies and the principles in deciding jurisdiction between Hong Kong and the Mainland over cross-border cases. Lastly, I will explore the difficulties in reaching a formal rendition agreement between Hong Kong and the PRC.
This essay focuses on three recently published newspaper articles concerning racism in South African politics.
Political Science 142 Assignment 1 Due Date 8 - 22 August Thursday Tutorials Lucy Corkin Samantha Fox 3889109 List of References: Clark, L. 2003. 'The closing of the white South African mind' in Sunday Times. 3 August. 21. Gouws, A. 2003. 'Wat behels die politiek van rassisme?' in Die Burgur. 24 June. Heywood, A. 2002. Politics. New York: Palgrave. 194. Leon, T. 2003. '... And the speech that caused all the trouble' in Sunday Times. 22 June. This essay focuses on three recently published newspaper articles concerning racism in South African politics. The concept of race is both broad and ambiguous it is therefore beneficial to begin with a definition, according to Heywood race refers to physical or genetic differences amongst humankind that supposedly distinguish one group of people from another on biological grounds. The term is, however, controversial, both scientifically and politically (2002: 194). It is these differences in race that have led to prejudices and discrimination in South Africa - racism. The following paragraphs aim to explain how the concept of "race" is used in the different articles. The article by Professor Amanda Gouws makes an important differentiation between structural racism and attitudinal racism. Structural racism in South Africa was established through Apartheid policies and laws, such as job reservation, Bantu Education,
Commencing Arbitration
Commencing Arbitration The commencement of an arbitration is an important procedural step, since the way in which it is commenced must comply with the requirements of law and contract. One of the first issues to be determined is the seat of the arbitration, as the seat will usually determine the procedural law governing the arbitration itself. Our client's international sales contract has a brief arbitration clause that refers "All disputes to arbitration in Hong Kong SAR, and PRC law shall govern". "The seat of the arbitration is often specified in the arbitration agreement by the selection of a particular place or country in which the arbitration is to be held."1 "Arbitration in Hong Kong" designates Hong Kong as the juridical seat. The next issue to be determined is the procedural law of the arbitration. "Under English law the procedural law of an arbitration is generally the law of the country in which the arbitration has its seat."2 In our client's case, Hong King is the seat, so the Hong Kong Arbitration Ordinance (Cap. 341) shall apply. Our client should know that although the place of arbitration need not be the same as the seat of arbitration, having the seat and location in the same place presents certain advantages. For example, if we need court support to remove the arbitrator for misconduct, obtain an interim measure of protection, or subpoena a witness,
Hate crimes in this country are indeed at an all time high. According to the FBI, "a hate crime is a criminal offense motivated by bias, particularly against a given race, religion, disability, ethnicity, nationality, or sexual orientation
What to do about Hate Crimes in America Wm. Guy Harvey II Student AIU Online SOC210-0504B-02 Dale Howard November 26, 2005 What to do About Hate Crimes in America Hate crimes in this country are indeed at an all time high. According to the FBI, "a hate crime is a criminal offense motivated by bias, particularly against a given race, religion, disability, ethnicity, nationality, or sexual orientation" ("Hate Crimes," 2004). The FBI recorded some 9,730 hate crimes in 2001 from approximately 12,000 police agencies around the country. This is almost a 21% jump in reported hate crimes from 2000 ("ADL Calls for Expanded Education & Training to Address Significant Increase in Hate Crimes Reported to FBI," 2002). The majority of hate crimes committed each year is surprisingly not committed by people involved with hate groups but by individual people. The average person to commit a hate crime is someone who is said to resent a groups growing economic power. These people are said to engage in what is known as scapegoating. Others who commit hate crimes could feel a threat to there homes and/or property. Desegregation of public housing is thought to be a good example of this type of motivation. Lastly, you have what are referred to as thrill seekers and the mission offenders. Thrill seekers are the type of people randomly target random people of minority group to harass or
Ms. Bates approached the EPA to help her with her case against Alumina. One of the EPAs main concerns is with water and verifying all water remains clean
Running Header: Business Regulation Business Regulation Angela Calabaza Alex Liu Leo Martinez Steve Riedl Phillip Sears Jr. University of Phoenix Online LEGAL ENVIRONMENT OF BUSINESS LAW/529 Gale Francis, Esq. August 14, 2005 "Ship runs aground off Alaska, causing largest U.S. tanker spill," reads the headlines in the New York Times on March 25, 1989. Though this one area, the environment, that businesses will be held accountable to preserve, other areas that businesses are responsible for such as accurate accounting, employee rights, to name a few, will forever be scrutinize by the public and the law. Therefore, companies, based on the facts, should entertain strategies, among them the need to litigate, settle or use other avenues. In addition, companies should understand that the public can, and will, emotionally get involved with business's complying with the law. Overview The Environmental Protection Act (EPA) was founded in 1970. Their main purpose is to protect human health and the environment. They work towards a cleaner and healthier environment for the American people. The EPA develops and enforces environmental laws enacted by Congress. They are responsible for researching and setting national standards for all states and tribes. The EPA can issue sanctions and take other steps to assist the states and tribes in reaching desired levels of environmental