Shareholder Rights and Remedies in Hong Kong
Author(s): Rita Cheung, Jenkin Suen
Publication Date: 31 May 2011
Shareholders' Rights and Remedies in Hong Kong is the first practitioner text published in Hong Kong on the law of minority shareholders' remedies and derivative actions.
The book meticulously analyses the applicable principles in derivative actions under both the common law and statutory regime, shareholders' personal rights, shareholders' agreement, and the twin statutory remedies of unfair prejudice petition and winding-up petition on just and equitable grounds. Specifically, it presents by way of two separate chapters a detailed and practical synopsis of the procedural hurdles that practitioners will encounter when advising clients in the pursuit of the twin statutory remedies. The book has been said to be well written with logic and clarity. It is highly regarded by the Honourable Madam Justice Kwan of the Hong Kong Court of Appeal who has written a foreword for the book, and also benefits from review by leading academics and practitioners including Professor Eva Lomnicka, Professor John Lowry and Victor Joffe QC. The book is a useful authority and tailor-made guide, and will no doubt become an indispensable asset for legal practitioners in the field of company and commercial law in Hong Kong.
"The authors have risen to the challenge of explaining complex legal concepts and analysing case law ... I am sure this work would be a useful source of reference to practitioners in advising clients and deploying their arguments in court."
- Justice Susan H Kwan, Justice of Appeal, High Court of Hong Kong
Table of contents
1 GENERAL PRINCIPLES
2 THE COMMON LAW DERIVATIVE ACTION
3 THE STATUTORY DERIVATIVE ACTION
4 PERSONAL ACTION
5 JUST AND EQUITABLE WINDING UP
6 THE UNFAIR PREJUDICE REMEDY
7 PETITIONS UNDER SECTION 168A: PRACTICE AND PROCEDURE
8 PETITIONS UNDER SECTION 177(1)(F): PROCEDURE