1 Legal system and company operations
Place similar concepts side by side: identify the legal relationship first, then learn the procedure and threshold.
Civil versus criminal law
香港法律制度- Civil cases generally use the balance of probabilities; criminal cases require proof beyond reasonable doubt. Compare
- Equitable remedies such as specific performance and injunctions are generally discretionary, not automatic upon proving breach. Trap
三步判斷
When damages and imprisonment appear together, first distinguish private remedies from public criminal prosecution.
Standards of proof
| Proceeding | Standard |
|---|---|
| Civil | Balance of probabilities |
| Criminal | Beyond reasonable doubt |
Companies, shares and resolutions
《公司條例》（第622章）- A registered company has separate legal personality; its debts are generally not the personal debts of shareholders. Definition
- The current Companies Ordinance uses a no-par-value regime and has abolished authorised capital. Exam
- An ordinary resolution generally requires a simple majority; a special resolution generally requires at least 75%. Numbers
核心框架
Do not treat shareholders, directors and the company as the same legal person. Identify the actor before assigning liability.
