Home >
eDM >
New Hong Kong Law Book Releases 2025-2026 >
Shareholder Rights and Remedies in Hong Kong, 2nd Edition

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: April 2025
Format: Hardback , 500 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,400.00

HKD 2,328.00 Save HKD 72.00 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents
Author
Reviews

Details

This book seeks to provide a practice-oriented and detailed treatment of the law and procedure of shareholders’ rights and remedies from a Hong Kong law perspective. It contains detailed coverage of the most recent legislative reforms of shareholders’ remedies in Hong Kong.

The first edition of this book is the first practitioner’s text on the law of shareholders’ rights and remedies in Hong Kong. This second edition has been fully revised and updated to include new developments and important case law in this area.

What's new in this edition:

Chapter 3 on the statutory derivative action is fully revised to consider recent case law reflecting current judicial approach to interpreting the leave hurdles which a shareholder must overcome to sue derivatively on behalf of his company.

Chapters 4 and 5 offer a new and refreshing analysis of the significant case law on the twin statutory minority remedies of unfair prejudice and just and equitable winding-up, which have remained to be the most important formidable weapons to protect minority shareholders.

Chapter 8 is an entirely new one on inspection rights, featuring the operation of a powerful discovery device for shareholders seeking inspection of company documents in good faith and for ‘proper purpose’.

Chapter 9 has been extensively revised to reflect the authoritative restatement of the law on the rule against reflective loss for ‘overlapping’ loss claims in Marex Financial Ltd v Sevilleja [2020] UKSC 31, where the UK Supreme Court has a relentless retreat from the rule’s uncontrolled expansion by carefully confining it to shareholders’ claims, dispelling the myth that it would bar those of creditors.

Developments of paramount importance on the practice and procedure of unfair prejudice petitions and just and equitable winding-up petitions have been covered in Chapters 10 and 11. Learned decisions of the courts in Hong Kong, including those decided in recent years, are analysed to highlight and explore the key issues that are frequently litigated.

In light of the material relevance of sections 212 and 214 of the Securities and Futures Ordinance (Cap 571) to shareholders of public companies, a new Chapter 12 is dedicated to analyse the regime, so as to enable shareholders and practitioners alike to appreciate this alternative avenue of law enforcement, and the type of reporting and/or cooperation which shareholders may provide to the Securities and Futures Commission to facilitate the pursuit of remedies or protection of shareholders’ rights and interests.

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

Dr Rita Cheung

Dr Rita Cheung holds a PhD in Law from King’s College London, and is a practicing solicitor. She writes in the field of company law and shareholder rights in refereed journals including The Cambridge Law Journal, Lloyd’s Maritime and Commercial Law Quarterly, and Journal of Business Law. She has been regularly invited to speak at international conferences in Cambridge on corporate crime.

Jenkin Suen, SC

Jenkin Suen, SC obtained his BCL (Bachelor of Civil Law) degree from the University of Oxford, and was called to the Inner Bar in 2019. He is a Senior Counsel in Des Voeux Chambers, a leading commercial set, and specialises in company and insolvency law, international arbitration, regulatory and public law, and land and planning law. He has an extensive practice and ample experience in commercial and Chancery matters, particularly shareholder disputes, complex commercial trials and appeals. He sat regularly as Deputy High Court Judge since 2022 and has been appointed as a Recorder of the Court of First Instance of the High Court in 2024. He chairs various statutory tribunals and also sits as arbitrator in international arbitrations. Alongside his private practice, he has written extensively in the legal field. On top of this book, he is a contributing author of Company Law in Hong Kong – Practice and Procedure and a contributing editor of Hong Kong Civil Procedure.

Tommy Cheung

Tommy Cheung is a practising barrister at Des Voeux Chambers. He obtained his BBA(Law) (Major in Accounting) and LLB degrees from the University of Hong Kong, followed by his BCL degree from the University of Oxford. His practice encompasses all areas of civil, commercial and property litigation, winding-up and bankruptcy petitions, as well as public and administrative proceedings. Since being called to the Bar in 2017, he has appeared as sole advocate and as led junior in trials and substantive hearings at various Court levels. On top of litigation, he also works on arbitration cases and is a Fellow of the Chartered Institute of Arbitrators.

Alongside his private practice, he is a part-time lecturer at the University of Hong Kong, and has taught commercial law, land law, and conveyancing courses. He has been invited to speak at seminars and has written widely as contributing author/editor for practitioners’ texts, such as Hong Kong Civil Procedure, Bullen & Leake & Jacob’s Hong Kong Precedents of Pleadings, Halsbury’s Laws of Hong Kong – Arbitration, and Tort Law and Practice 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