Family Business and Corporate Governance in Hong Kong (includes FREE one year access of ONLINE version)

Chapter 1 Introduction

• Introduction
• Maintaining Hong Kong's Position as an International Financial Centre
• Asian Financial Crisis as Impetus for Further Reforms
• Unresolved Corporate Governance Concerns in Hong Kong
• Key Issues of this Book and Outline

Part One: Corporate Governance and Directors' Duties in Hong Kong: The Reforms, Rationale, and Values

Chapter 2 Reforming Corporate Governance and Directors' Duties in Hong Kong

• Introduction
• Broader Considerations in Corporate Governance Reforms
• • The Territory's Economic Transformation
  • Regulatory Capture in Hong Kong
• Attempts to Reform Directors' Duties
• • Initial Efforts
  • Another Unsuccessful Attempt
  • The Next Round of Reviews
  • Introduction of Non-statutory Guidelines
• The Debates in the Most Recent Round of Reforms
• • British Provisions as Model Law for Hong Kong
  • Latest Round in the Epic on Codification of Directors' Duties
• Summary and Commentaries

Chapter 3 Principles and Core Values Underpinning Directors' Duties in Hong Kong

• Introduction
• The Principles of Corporate Governance and Directors' Duties
• • The Fundamentals of Corporate Governance
  • The Importance of Accountability
  • Directors' Role from a Legal Perspective
  • The Underlying Principles and Values of Directors' Duties
• General Law Fiduciary Duties and Obligations in Hong Kong
• • Duty to Act in Bona Fide for the Benefit of the Company
  • Duty to Exercise Powers for a Proper Purpose 
  • Unfettered Discretion
  • No Conflict of Interests and No Secret Profits Duties
• General Law and Statutory Duty of Care in Hong Kong
• • The General Law Duty of Care
  • The Newly Enacted Statutory Duty of Care
• Summary and Commentaries

Part Two: Why Western Laws are Not Suitable for Chinese Family Companies in Hong Kong: Culture, Values and Norms Matter

Chapter 4 The Intricacies of Regulating Family Companies in Hong Kong

• Introduction
• The Importance of "the Family" and Family Companies in Hong Kong
• • Families and Family Companies in Hong Kong
  • Family Share Ownership and its Impact on Governance
• Statutory Provisions for Family Companies in Other Jurisdictions
• • United States
  • South Africa
  • Australia
• Indications that the Western Legal Rules are ill suited for Chinese Family Companies in Hong Kong
• • Awareness amongst Directors Concerning their Legal Obligations
  • Litigations Concerning Disputes in Family Companies
  • Discounting Other Legal Possibilities
• Early Attempt to Regulate Chinese Enterprises and Judicial Review in Hong Kong
• Summary and Commentaries

Chapter 5: Relation-centred Cultural Norms and Paternalistic Governance in Hong Kong's Chinese Family Companies

• Introduction
• Value Differences between Hong Kong and Britain
• Chinese Entrepreneurialism and Relation-centred Culture in Hong Kong
• • Hong Kong's Chinese Spirit of Entrepreneurialism
  • Hong Kong's Chinese Business Network Structure and Relational Traits
• Paternalism in Hong Kong's Chinese Family Companies
• • Comparing Chinese Family and Anglo-American Governance Models
  • An Analysis of Paternalism and Harmonious Relations
  • Issues Incidental to Paternalistic Governance
• Summary and Commentaries

Chapter 6: Making Sense of Confucian Notions of Governance and Regulation

• Introduction
• A Foreword on Confucianism
• Confucius's Notion of Governance
• • Confucius's Notion of San Gang Wu Chang
  • Confucian Harmonious Order of Things
• Confucian Doctrine of Li as a Regulatory Norm
• • Traditional Chinese Characterization of the Law and Jurisprudence
  • The Genesis of Li as a Moral Principle with Regulative Properties
  • Establishing Social Order through the Doctrine of Li
• A Glimpse into History about Confucian Influence on Governance and Regulation
• Summary and Commentaries

Part Three: In Search of a Conceptual Framework: Pluralism as a Prospective Solution for Hong Kong

Chapter 7: Pluralistic Governance Regime as Solution for Hong Kong

• Introduction
• The Notion of a Pluralistic Corporate Governance Regime
• • Convergence Theory of Corporate Governance Regulation
  • Path Dependency Theory of Corporate Governance Regulation
  • Prospects of a Pluralistic Corporate Governance Regime
• Legal Pluralism and Hong Kong's Legal System
• • Transplantation of British Laws and its Shortcomings for Hong Kong
  • The Importance of Cultural and Legal Culture
  • The Genesis and Notions of Legal Pluralism
  • Customary Laws as a Form of Legal Pluralism in Hong Kong
• A Proposition for Directors of Chinese Family Companies in Hong Kong
• • Values and Norms as Foundations of Regulation
  • Different Modes of Regulation
  • Self-Regulation as a Framework to Regulate Corporate Governance
  • Relationship Orientated Values as a Basis to Regulate Directors of Chinese Family Companies'J7-045 Forum to Restore Harmonious Relationships in Chinese Family Companies
  • Corporations Panel as an Alternative?
• Summary and Commentaries

Chapter 8: Conclusions

• Summary and Key Issues of this Book
• • Key Issues and Conclusions in Part 1
  • Key Issues and Conclusions in Part 2
  • Key Issues and Conclusions in Part 3
• Recommendations for Regulatory Reform
• • Conceptualizing Regulatory Standards for Directors of Chinese Family Companies
  • The "Regulator" and "Regulatory Arrangements" in the Scheme of Things and the Way Forward 
• Regulatory Implications for Mainland China Family and Kinship Companies
• Conclusions

Appendix

• Table of Cases
• Table of Legislations

Index