Mid-Semester Coursework Assignment

metropolis University of Hong Kong School of Law LW3902 The Law Relating to Companies Mid-Semester Coursework Assignment Semester B, 2012/2013 Instructions to Students 1. The assignment is expense 50% of the overall mark for this course. The total word limit is 1,500 linguistic communication, excluding footnotes and bibliography. You essential do a word count and indicate the number of words on the cover page. If a paper exceeds the allowable word limit, merely the first 1,500 words leave alone be read and marked. 2. Your answers must(prenominal) be double spaced, and typewritten in 12 point, Times New Roman font.Failure to assent with this format testament result in a penalty of cinque (5) marks. 3. Indicate the course code and title, your mark, student number, seminar section, and lecturers name on the cover page of your assignment. 4. The deadline for submission is Friday 15 March 2013 at 5 pm. Additional instructions on the submission of your coursework assignment will be provided to you on Blackboard / in class. 5. You must strictly wedge to the policy of City University of Hong Kong on plagiarism, which is a serious academic offence. pretend plagiarism may be subject to disciplinary action.You may talk of your work with others, exclusively you must provide your own answers. In reference of doubt as to what amounts to plagiarism, please consult your lecturer. All coursework assignments will be reviewed on Turnitin for plagiarism and originality. 6. Any sources for your answers must be footnoted in the paper. You should advert authority (i. e. cases and/or statutes) to support your legal arguments, and these sources must be acknowledged. 7. Examples of straight-laced citation Case Liu Hon Ying v Hua Xin State Enterprise (HK) Ltd 2003 3 HKLRD 347 Statute s. 75(1) of the Companies Ordinance (Cap 32) 8. Extension to the deadline for submitting the assignment may be disposed(p) only in exceptional circumstances. Prior to obtaining whatever ext ension to the deadline, you must first approach your lecturer well in advance with a reason and supporting documentation for the request. 9. Any late submissions without permission will incur a penalty of 5 marks per day. For example, for a 2-day delay, a students mark may be reduced from 80 marks to 70 marks. No assignment will be pass judgment after 22 March 2013. 1Instructions Answer both questions. Question 1 (50%) lee side used to work as a chef at comfortable Wok of Fortune, a famous fainthearted sum restaurant in Mong Kok, Kowloon. During his employment, leeward gained a lot of experience in the art of making, preparing and serving dim sum. In particular, lee learnt the secret ingredients for the restaurants special sauce, which make its dim sum items so touristy. Since he was a child, Lee had ideate of starting his own dim sum business, and after many days of dedicate service to Golden Wok of Fortune, Lee decided to leave the restaurant.However, Lees employment cont ract with the restaurant contained a non-competition clause which forbade him from backcloth up a competing dim sum business in Mong Kok indoors 1 year of termination of employment. It also contained a confidentiality clause which interdict him from disclosing the ingredients of any recipes that Lee had learnt in the course of his employment. To circumvent these restrictions, Lee bodied a catering company called Fragrant Kitchen Ltd. specializing in the preparation and barter of dim sum items for self-assurance parties and other special events.The head office of the company was based in Shatin, merely had branches located in Mong Kok and Tsim Sha Tsui. Lee appointed himself CEO of the company, and was the only director and shareholder. The products of Fragrant Kitchen Ltd. were very popular because of its special sauce, which tasted suspiciously similar to that of Golden Wok. Lee also embarked on a very successful marketing campaign, with the motto Enjoy magnificent dim sum in the comfort of your own office or home. Dont come to us, we will come to you Due to the piquant prices offered by Lees new company, many of Golden Woks previous customers stopped patronizing Golden Wok. Golden Wok has since become aware(p) of Lees connection with Fragrant Kitchen, and is considering legal action against Lee. aim Golden Wok. Question 2 (50%) Michael and Joshua, both of whom are freelance intragroup decorators, decided to go into business together in 1990. Michael contributed HK$500,000, a vehicle and some supplies and equipment to the business. Joshua did not contribute any money or assets, but agreed to work full time for the business.Michael and Joshua did not sign any accompliceship agreement. In the course of their long collaboration, Michael paid Joshua a periodical wage of HK $16, 000, and also paid himself out of the business bank account. that Michael had signing authority on the business bank account. Joshua was very dedicated to the business and all of his customers were impressed with his decorating skills. Michael, on the other hand, played a largely managerial role in the business and left around of the decorating work to Joshua.Michael pocketed 2 all of the profit generated by Joshuas decorating work, but re-invested some of the money in the business over the years. In 2011, Michael acquired a new office building for the business, which Joshua helped decorate and furnish. In 2013, after 23 years of working side by side, the relationship between the twain men began to sour. Joshua now wishes to be acknowledged as a partner and claims to be entitled to 50% of the businesss assets. Does a fusion exist? Advise Joshua. 3