Shareholder Rights and Remedies in Hong Kong, 2nd Edition

Author: Dr Rita Cheung; Jenkin Suen; Tommy Cheung
Publisher: LexisNexis Hong Kong
ISBN: 9789888799930
Published In: December 2023
Format: Hardback , 500 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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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. It is co-authored by Professor Rita Cheung of the Chinese University of Hong Kong and Jenkin Suen of Des Voeux Chambers, and aims at providing a practice-oriented and detailed approach in addressing the principles and procedures of minority shareholders' actions from a Hong Kong law perspective.

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.
CHAPTER 1 GENERAL PRINCIPLES
CHAPTER 2 THE COMMON LAW DERIVATIVE ACTION
CHAPTER 3 THE STATUTORY DERIVATIVE ACTION
CHAPTER 4 PERSONAL ACTION
CHAPTER 5 JUST AND EQUITABLE WINDING UP
CHAPTER 6 THE UNFAIR PREJUDICE REMEDY
CHAPTER 7 PETITIONS UNDER SECTION 168A: PRACTICE AND PROCEDURE
CHAPTER 8 PETITIONS UNDER SECTION 177(1)(F): PROCEDURE
Rita Cheung

Rita Cheung is an Assistant Professor of the Faculty of Law at the Chinese University of Hong Kong. She obtained her LLM and PhD from King's College London, and was called to the Bar in 2006. She has published widely in a number of internationally refereed journals which include Journal of Business Law, Company Lawyer and International Company and Commercial Law Review. She is also the author of a monograph on Company Law and Shareholders' Rights (LexisNexis 2010), and is frequently invited to speak on shareholders' remedies and corporate governance issues at international conferences in Cambridge and in Hong Kong.

Jenkin Suen

Jenkin Suen obtained his BCL (Bachelor of Civil Law) degree from the University of Oxford, and was called to the Bar in 2004. He has since been in practice in Des Voeux Chambers, a leading commercial set, and specialises in company law, insolvency and bankruptcy law, and land law. He has an extensive practice in commercial and Chancery matters, and frequently appears in the Companies Court in common law and statutory derivative actions, minority shareholders' disputes and applications under the Companies Ordinance. Alongside his private practice, he has written extensively in the legal field, and is also a frequent speaker in seminars on company law. He is the author of the chapter 'Meetings and Resolutions' in Company Law in Hong Kong - Practice and Procedure and a contributing editor of Hong Kong Civil Procedure since 2007.
"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