The paper aims to explore the extent to which the legal experience of minority shareholder actions in Hong Kong supports the sociological model of the Chinese family firm as…
Abstract
Purpose
The paper aims to explore the extent to which the legal experience of minority shareholder actions in Hong Kong supports the sociological model of the Chinese family firm as developed by Wong Siu‐lun and reports some preliminary findings for the period 1980‐1995.
Design/methodology/approach
This paper is based upon the analysis of 275 minority shareholder petitions in the High Court of Hong Kong between the years 1980 and 1995 inclusive. It also draws upon material from a questionnaire sent to law firms involved in those petitions and interviews with members of the Hong Kong judiciary with experience of hearing minority shareholder cases, members of the legal profession and accounting and company secretarial professions directly or indirectly involved in the administration of companies in Hong Kong and regulators.
Findings
The findings indicate that the problematic early, emergent stage of the model as described by Wong Siu‐lun is quite accurate. Whilst there is considerable support for some aspects of the model of the Chinese family firm, the experience indicates a number of complex dynamics at play, some of which the model does not take into account. However, the findings, at least by implication, do point to the cohesive strength of the Chinese family firm with occasional fault lines resulting in some “disputes” of earthquake proportions which may rumble on in some cases for years.
Practical implications
The findings demonstrate the usefulness of lifecycle modeling of the family and other type of corporate firm. It also demonstrates some of the complex subtleties at play. The findings also have implications for the law matters thesis of La Porta et al.
Originality/value
This is one of the first studies to actually examine the legal experience of minority shareholder protection in a particular jurisdiction (Hong Kong) by examining the petitions and writs actually filed and relating them to a sociological model of the Chinese Family firm.
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Prominent figures from the aviation industry named in the New Year Honours' List include H. BRUMBY, formerly chief designer (development), Hawker Siddeley Aviation, and G. R…
Abstract
Prominent figures from the aviation industry named in the New Year Honours' List include H. BRUMBY, formerly chief designer (development), Hawker Siddeley Aviation, and G. R. HOLLAND, assistant flight test manager, British Aircraft Corporation, Commercial Aircraft Division, both awarded the MBE. J. POLLITT, chief test pilot (fixed wing), Rolls Royce, gained an OBE. Changes are announced among the Directors of British Aircraft Corporation Ltd.
Air Chief Marshal Sir Frederick Rosier, GCB, CBE has been appointed a director of BRITISH AIRCRAFT CORPORATION (PRESTON) LTD, and will act as military adviser to the military…
Abstract
Air Chief Marshal Sir Frederick Rosier, GCB, CBE has been appointed a director of BRITISH AIRCRAFT CORPORATION (PRESTON) LTD, and will act as military adviser to the military aircraft division.
The purpose of this paper is to demonstrate how Confucianism can be applied in the areas that are now governed by company law in the common law system and how it can play a role…
Abstract
Purpose
The purpose of this paper is to demonstrate how Confucianism can be applied in the areas that are now governed by company law in the common law system and how it can play a role in improving corporate governance. A gentleman in the context of Confucianism tends to be inclusive and broad-minded in embracing the interest of different stakeholders. In fact, he will balance the interests of shareholders and other stakeholders if there is any inherent conflict and try to achieve a win-win situation. Ultimately, he will run the company not just for profit-making but for social justice and commitment.
Design/methodology/approach
The authors examine the leading cases in Hong Kong and the United Kingdom about the law of fiduciary duty and the duty of care and its relationship with Confucianism. In this respect, we review the teachings of the traditional Confucian texts and use Confucianism to fill in the gap where common law rules cannot reach. In addition, we adopt a comparative study approach in examining the law of directors’ duties in Hong Kong, China and the United Kingdom.
Findings
It can be seen that the concept of fiduciary duty and duty of care is quite complicated and evolving and always subject to the interpretations of the court from time to time. For fiduciary duty, the term itself is quite conceptual and not immediately available to the general public. But loyalty in the context of Confucianism is a very lively and down-to-earth moral principle. Besides, fiduciary duty is imposed from outside, where directors had no choice but to accept. But loyalty in the context of Confucianism is something inherent and something from within. It is a moral principle that if you deeply understand the meaning of it, you will automatically accept it as a good virtue and your conduct will naturally be guided by such a principle. Confucianism can thereby be used to fill the gap where rules and regulations cannot reach. Confucian business ethics and common law rule should be complementary to each other in the development of a Chinese corporate governance system.
Originality/value
This paper is the first of its kind in discussing the relationship between the law of directors’ duties and Confucianism. It argues that Confucianism plays a crucial role in guiding the behavior of the directors and can supplement the abstract principles of directors’ duties in the context of a Chinese corporate governance system.
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RECENTLY INTRODUCED or announced video systems have complicated an already complex field. Magnetic tape (sound and vision) video taperecorder systems are being marketed by Sony…
Abstract
RECENTLY INTRODUCED or announced video systems have complicated an already complex field. Magnetic tape (sound and vision) video taperecorder systems are being marketed by Sony, Matsushita and others from Japan, Ampex and AVCO from the USA, and by Philips and AEG Telefunken in Europe.
In the first two sections the author discusses and analyses the1 terms of employment implied at common law. Then the implied common law duties of the employer towards his or her…
Abstract
In the first two sections the author discusses and analyses the1 terms of employment implied at common law. Then the implied common law duties of the employer towards his or her employee and the employee towards his or her employer are discussed. Custom, practice and works rules as sources of terms of the contract of employment are then considered.
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The concept of corporate social responsibility of the enterprise covers a vast territory! This paper proposes to limit the analysis and evaluation of this concept to three…
Abstract
The concept of corporate social responsibility of the enterprise covers a vast territory! This paper proposes to limit the analysis and evaluation of this concept to three distinct aspects. The first will treat the comparatively new and evolving common law implied term in corporated into the contract of employment relating to the enterprise’s social responsibility of respect towards the employee. The second will analyse an other generically linked recent common law development in the field of the enterprise’s social responsibility of respect towards the employee, namely the implied over‐riding term. Thirdly, the novel and developing wider concept of corporate social responsibility will be addressed and assessed. Some concluding thoughts will follow.
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Chemistry as an applied science suffers from the fact that its necessarily close connection with various branches of industry is ill defined and generally very unsatisfactory in…
Abstract
Chemistry as an applied science suffers from the fact that its necessarily close connection with various branches of industry is ill defined and generally very unsatisfactory in character. One result of this is that those who have made chemistry their profession find themselves more often than not in the position of having to subordinate their professional instincts to the temporary exigencies of some particular branch of trade and to find their professional status called in question and criticised by those who are not in the profession itself and who have no right to criticise.
Although it was ordained in the Beginning, we are told, that mankind should have dominion over the fish of the sea, it is only within comparatively recent times that the ocean has…
Abstract
Although it was ordained in the Beginning, we are told, that mankind should have dominion over the fish of the sea, it is only within comparatively recent times that the ocean has provided man with that very substantial proportion of his food supply now deriving from this source. More and still greater weights of fish are taken from the sea each year, but the food requirements of a hungry world are increasing too, at a rate that is a persistent source of alarm to many, so that any design or device that may decrease wastage and thus expand the quantities of food available, must be given careful thought and consideration. The case for utilising aureomycin or some other antibiotic to reduce fish spoilage has a not unreasonable aspect, but at this year's conference of the Public Health Inspectors' Association, Mr. John D. Syme, who is Chief Port Health Inspector at Grimsby, and should therefore know something about the fishing industry, came out fairly strongly against the idea; he feared it might cause a lowering of standards of hygiene on fishing vessels, and although the duration of voyages could be lengthened, he doubted whether in the long run the condition of the fish on landing would show any improvement. He regarded the step proposed as retrograde and contrary to the generally accepted trend of recent years toward the production of purer food and the elimination of preservatives as far as possible.