Alternative Dispute Resolution of Shareholder Disputes in Hong Kong
Alternative Dispute Resolution of Shareholder Disputes in Hong Kong

Author: Ida Kwan Lun Mak

Publisher: Cambridge University Press

Published: 2019-12-19

Total Pages: 277

ISBN-13: 1108329314

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The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.

The Derivative Action in Asia
The Derivative Action in Asia

Author: Dan W. Puchniak

Publisher: Cambridge University Press

Published: 2012-06-28

Total Pages: 477

ISBN-13: 1139510592

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This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.

Law, Society and Transition in Myanmar
Law, Society and Transition in Myanmar

Author: Melissa Crouch

Publisher: Bloomsbury Publishing

Published: 2014-10-23

Total Pages: 656

ISBN-13: 1782254773

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This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

A Financial Centre for Two Empires
A Financial Centre for Two Empires

Author: David C. Donald

Publisher: Cambridge University Press

Published: 2014-06-19

Total Pages: 295

ISBN-13: 1139952188

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This is a case study of legal transplant, economic development, cultural adaptation and political integration. Hong Kong's journey from British entrepôt to China's international financial centre is one of the most interesting legal stories of our time. But Hong Kong's future is even more interesting: will this region with British-origin institutions survive full integration into China and become its permanent international financial centre? Does Hong Kong have the legal infrastructure to compete effectively with Shanghai and Singapore, and even New York and London? A Financial Centre for Two Empires presents Hong Kong's story, examines its corporate economy and securities market, assesses its corporate, securities and tax laws for doctrinal soundness and appropriate remedies, and evaluates the quality of their enforcement empirically. It closes with a view of Hong Kong from the perspective of developments in Beijing and Shanghai, including an examination of the important political dimension.

The New Legal Order in Hong Kong
The New Legal Order in Hong Kong

Author: Raymond Wacks

Publisher: Hong Kong University Press

Published: 1999-11-01

Total Pages: 710

ISBN-13: 9622095070

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As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory undermine the rule of law and the integrity of the legal order? The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future. Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory. Professor Wacks has edited several books on Hong Kong law and human rights. His recent books include Privacy and Press Freedom (1995). The fifth edition of his text, Jurisprudence will appear in early 2000. “(B)y far the most comprehensive study of the post-1997 legal order I have come across, covering nearly all the subjects which the Basic Law touches upon... (I)t contains much insightful analysis of the historical development and future issues surrounding each topic... A very valuable contribution to scholarship... Far more importantly, there is no collection that comes close to such an array of good analysis on so many topics.” — Anthony Neoh, SC, Visiting Professor, Peking University