ACY3021 Hong Kong Company Law
Midterm Test 2
1
Midterm Test 2
Date: 10 March 2023 (Friday)
Time: 30 mins (8:00 pm – 8:30 pm)
Venue: Hall
Coverage: Lectures 1 – 5
1 Case (20 marks) – no mixed topics
2
Midterm Test 2
Limit your answers to the space provided (maximum
about 2.5 pages.
To fulfil the word limit requirement in preparing your
answers, you need to plan and organize your
answers wisely and not just copying everything from
your notes to the word file provided. Any irrelevant
materials will score no mark no matter how well
you deal with them. More importantly, when you
spend time on irrelevant matters, you deny yourself
the time you need to deal with relevant matters.
3
Midterm Test 2
Make sure you identify and explain/define the relevant
legal issues.
Make sure you stay focused on the relevant issues and
avoid delving into unnecessary matters.
Make sure you deal with all areas and all issues.
Make sure you apply the legal principles adequately
and correctly to the case.
4
Midterm Test 2
You must cite relevant and applicable authorities
to support your answers, i.e. common law and/or
statute(s). Significant marks may be deducted if
you don’t cite cases and/or sections.
For cases, you need to write down full names for the
first time you cited the case, e.g. Salomon v
Salomon and Co Ltd. No need to write down year and
data of the law report. You can use short name for
subsequent citation in the same question, e.g.
Salomon.
5
Midterm Test 2
You need to UNDERLINE the
name(s) of the court case(s) and /
or the section(s) of Companies
Ordinance cited in your answers
(see next slide for examples).
Marks may be deducted if the
above format is not followed.
6
Promoters: Definition
Examples
•Promoters are persons responsible for setting up the company
(Twycross v Grant).
•In Emma Silver Mining Co v Lewis and Son, the court held
that a person is deemed as a promoters even he or she takes a
minor part in organising the set up of a company.
•S.122(3) alters the common law position as company can
choose to ratify the contract and become entitled to enforce it.
7
Midterm Test 2
No point form to present your answers.
Significant marks may be deducted if your answer
is in point form.
May consider to use the four steps approach to
answer your answers.
Not only define the legal concepts but also
apply the concepts.
Make sure to answer what the question asked.
8
Midterm Test 2
You are allowed to bring a piece of A-4 sized paper
into the exam venue for the final exam. You could
WRITE (but NOT print or photocopy) your own
notes on BOTH SIDES of the paper. You will
be disqualified for the exam and subject to
disciplinary action if other materials are found.
- Only hand-written notes on the A-4 sized paper.
- No post-it notes on the A-4 sized paper.
- You are not allowed to stick two A-4 sized papers
together into one.
9
Important Notes
No marks will be given to any
students who fail to attend
Midterm Test 2.
10
