问答题(b) Explain how the Proceeds of Crime Act 1990 seeks to control money laundering. (5 marks)

问答题(b) Article 428 of the Contract Law of China provides that upon the implementation of this law, the previous contract laws shall be simultaneously abolished. Based on this provision, the Supreme People’s Court has issued a Judicial Interpretation on the Application of the Contract Law. In relation to this Judicial Interpretation, state the rule of the applicable law to deal with a contractual dispute brought to the people’s court after the date of implementation of the Contract Law but the contract was concluded before that date. (4 marks)

问答题(c) state the consequences of an ineligible person acting as a director. (3 marks)

问答题(c) State whether Steel Co’s claim should be supported by the court. (1 mark)

问答题Ham, Sam and Tam formed a partnership to run a petrol station. The partnership agreement expressly stated that the partnership business was to be limited exclusively to the sale of petrol. In January 2008 Sam received ￡10,000 from the partnership’s bank drawn on its overdraft facility. He told the bank that the money was to finance a short-term partnership debt but in fact he used the money to pay for a round the world cruise. In February Tam entered into a ￡15,000 contract on behalf of the partnership to buy some used cars, which he hoped to sell from the garage forecourt. In March the partnership’s bank refused to honour its cheque for the payment of its monthly petrol account, on the basis that there were no funds in its account and it had reached its overdraft facility. Required: Advise Ham, Sam and Tam as to their various rights and liabilities in relation to partnership law. (10 marks)

问答题Micro Electronics (Private) Limited (‘MEPL’) was incorporated on 1 April 2010. Sadiq, Majid and Ali are its first directors. The board of directors of MEPL met on 7 June 2010 to discuss the appointment of the fi rst auditors of MEPL. Majid, who is a Chartered Accountant, offered to work as the fi rst auditor of MEPL for a small remuneration to help ease MEPL’s fi nancial burdens. Sadiq was in favour of this proposal. However, Ali opposed it by saying that the board could not appoint the fi rst auditor(s). Required: Under the Companies Ordinance, 1984, advise the board on the legality of the proposed appointment of the first auditor. (10 marks)

问答题(b) legislation, including delegated legislation. (4 marks)

问答题Explain the documents necessary, and the procedure to be followed, in registering a public limited company under the provisions of the Companies Act 2006. (10 marks)

问答题In the context of human rights and freedoms in the Constitution of Lesotho, discuss the doctrine of judicial review as it operates in Lesotho. (10 marks)

问答题(c) Explain the consequences of creating a fixed term labour contract without there being a valid reason for doing so. (2 marks)

问答题Thanh is the head of finance of a large Vietnamese company. His labour agreement with the company is for a definite term of one year and he has been working for the company for eight months. Thanh has been approached by the general director of a large competitor of his present employer and has been offered a new management position with the company that will greatly enhance his income and provide significantly improved fringe benefits, including a company car and private medical care. However, the competitor is anxious that Thanh can start the new job within the next week, as the previous manager died suddenly and must be replaced as a matter of priority. When Thanh informed his current employer of his desire to leave within the next week the general director insisted that the company would require Thanh to continue working for the company for the remaining four months of his contract. Required: Analyse the legal positions of Thanh and his employer in relation to Thanh’s desire to leave the company at short notice and the company’s desire to insist that he remains with the company. (10 marks)

问答题(b) Describe the content of a prospectus. (7 marks)

问答题(b) preference shares, including the manner of redemption of preference shares. (5 marks)

问答题(b) a pre-incorporation contract, and its legal consequences. (5 marks)

问答题In relation to the law of contract, explain and distinguish between offer and an invitation to offer. (10 marks)

问答题(b) Explain the obligations of partners. (5 marks)

问答题(c) the procedure to be followed by the arbitration panel in reaching its decision. (4 marks)

问答题Computer Ltd has been solely managed by Michael, who is the managing director of the company. Ever since the incorporation of Computer Ltd, Computer Ltd has received the financial support from Fashion Ltd, its holding company whenever Computer Ltd is in financial crisis. Several months ago, Computer Ltd was insolvent. Upon the representation from Michael about the financial support from Fashion Ltd to Computer Ltd, Bank Ltd loaned to Computer Ltd the sum of HK$5 million without security. Computer Ltd is now being wound up by its creditors. By reason of a sudden change in the structure of Fashion Ltd two months ago, Fashion Ltd has refused to give further financial support to Computer Ltd. Required: In relation to company law, advise Bank Ltd as to whether Michael is liable for fraudulent trading under section 275(1) of Companies Ordinance (Cap 32). (10 marks)

问答题In terms of the Information to Employees Regulations, 2002, issued under the Employment and Industrial Relations Act, 2002, state what information must be provided by an employer to his employee on commencement of employment, in the absence of a written contract of service. (10 marks)

问答题(c) Explain the circumstances in which a labour contract may be suspended. (2 marks)