Question

Business law is a combination of various areas of law relevant to businesses in Hong Kong. It focuses on the concepts and principles of law applicable to operating businesses for the purpose of raising awareness to the legal issues exist in different business environments.

In about 300 words, reflect your learning experience of this course. You are strongly recommended to write this journal along the following guidelines:

1. What are the topic (s) that impresses you most and why? (150 words)

2. How does the knowledge acquired facilitate your career development or alert you about any legal traps in your daily life? (150 words)

Answer 1

This course focuses on the general concepts and principles of business law in Hong Kong. It is designed to help students learn and master the key concepts of business law and apply what they have learned in daily life. It is aimed at helping students understand how the general principles of business law are being used, and also tackles authentic legal problems.

learning experience of this course are as follows:

The overall aim of Business Law are to:-

1. Introduce you to the general concepts and principles of business law in Hong Kong.

2. Raise your awareness of the legal environment in which businesses operate.

3. Familiarize you with the general principles of the law you need to deal with the legal problems and make more efficient and informed decisions.

4. Develop your capability to avoid conflict and personal liability in commerce.

Upon the completion of LAW, the students should be able to

1. Explain the legal system of Hong Kong, including the sources of law, as well as the judiciary system; and evaluate the advantages and disadvantages of the major types of commercial organization with application to their general operations in real-life contexts.

2. Identify the essential issues that a valid contract should possess, and analyse the factors that render a contract void or discharged, including the introduction of special contracts and various types of remedies.

3. Examine the general principles in the law of tort and the remedies for breach, and explain and

4. discuss in detail the tort of negligence with application to real-life scenarios.

In this course’s custom textbook-based approach, the course learning modules are selected from two textbooks on business law and company law.

The study guide is divided into five units. The study guide serves two functions. First, it provides you with information on the aims, learning outcomes, assessment strategies, and means of support for this course. Second, it will set out your study pathway through the customized textbook and other course learning resources, and will provide supplementary material and additional self- assessment opportunities.

you will be supported throughout the course by regular face-to-face meetings in the form of tutorials and surgeries.

This course is designed to assist you to move easily from the stated objectives, through the study units, readings, and materials to the assignments and examination. During the course, you will have your progress assessed both formally and informally.

Formative assessment includes various activities, self-tests, and online discussions that you will undertake while working your way through the custom textbook, study guide and readings.

Summative assessment consists of assignments and a final examination.

There are two assignments for the course. You will be expected to apply concepts and techniques acquired during the course when completing assignments.

The assignment policy of the University as stated in the Student Handbook should be observed. You are required to submit assignments for this course in accordance with the dates communicated by your course coordinator. You may apply for a submission extension on the grounds of illness, accident, disability, bereavement, or other compassionate circumstances.

According to the University’s policy, no extension of the due date will be allowed for the final assignment. This policy will be strictly enforced. Any late submission of the final assignment will result in the score of the assignment being adjusted to zero.

Case studies are a useful and increasingly popular form of learning and assessment in the OUHK's School of Business and Administration. In this section we will look at why case studies are used and then suggest some learning strategies that you can use to approach case studies. We will also briefly discuss some problems that you may encounter as you learn from case studies.

a case study approach to learning requires a great deal of thinking and often will not easily yield a quick 'wrong' or 'right' answer. However, case studies are also good preparation for dealing with real-life business problems. Cases may be short and relatively simple, or longer and complex. The purpose is the same for both types: to give you an opportunity to develop your skills in analysing the strengths and weaknesses of the organization under examination, to consider the processes at work within the organization, and to make decisions about future actions.

Case studies are not meant to replace textbooks, but rather to ask you to draw connections between theories and practice and to apply abstract ideas, concepts, and principles to specific concrete situations. Consequently, case analysis develops a number of skills that are crucial in business. In particular, they help you to:

analyse complex, unstructured, sometimes ambiguous situations;

identify critical issues and problems;

question your own and others' assumptions;

improve your problem-solving skills;

develop your ability to find alternatives and make informed decisions;

make decisions with incomplete information and think strategically;

self-educate yourself and draw on a broad range of resources and knowledge; and

present and justify recommendations in writing.

Topics

1. Requirements for company formation in Hong Kong

A company incorporated in Hong Kong must draw up its Articles of Association which can differ according to the type of company. These documents include information about the name and scope of the company, its shareholders and several other issues. The experts at our Hong Kong law firm can help you draw up and submit these documents. Another mandatory requirement for Hong Kong companies is to register with the Companies Registry – this is done after the incorporation documents are complete and the company owners wish to apply for a Business Registration Certificate.

2. Employment regulations in Hong Kong

Employers in Hong Kong must observe the employment law: any business relationship is documented by an employment contract and the employee has certain rights: minimum wage, annual leave, maternity of sick leave, protection against unlawful employment termination. All employees who work under an employment contract in Hong Kong, either temporary or part-time, are entitled to the benefits described in the Employment Ordinance. Our lawyers in Hong Kong can give you more information about this law and the conditions of employment in the city.

3. Regulations for selling food in Hong Kong

Business licenses are required for those engaged in activities which include selling, producing and depositing foods and products like dairy, bakery, confectionery, fish and crustaceans, meat, vegetables, fruits, beverages, and tobacco. These apply for restaurants in Hong Kong, fast-food chains and other establishments that sell food, alcohol, and tobacco.

4. Regulations for selling non-food goods in Hong Kong

Business licenses are required for those that sell or provide non-food goods like jewelry, chemicals, clothing, electrical appliances, firearms, furniture, gas and petroleum, machinery and equipment, medical equipment, telecommunications equipment, cosmetics, medicines, and others.

5. Regulations for providing services in Hong Kong

Business licenses are required for those that provide services: cultural and social, medical and social, construction, education, financial, transport, storage, telecommunications, travel and others. Banks and financial institutions can be subject to different regulations and licenses. You can talk to our lawyers to find out more about the regulations for services providers.

6. Regulations for import and export activities in Hong Kong

Import and export activities are regulated by law in Hong Kong and import and export licenses need to be obtained from the relevant government departments, especially for those that want to trade highly regulated goods. Special customs duties can apply for certain goods

7. Requirements for financial statements for companies in Hong Kong

Tax returns for companies are filed annually and tax assessments are raised. Companies need to observe these regulations for filing in order to avoid penalties. The tax year begins on April 1st and ends on March 31st the next year. Hong Kong has a favorable taxation regime.

8. Requirements for financial statements for individuals in Hong Kong

Individuals must submit annual tax returns to the Inland revenue Department. Penalties apply for failure to comply with the requirements. The tax years for individuals is the same as for corporations. The Hong Kong Inland Revenue Department issues the tax returns for individuals annually, in May.

9. Regulations concerning environmental protection in Hong Kong

The Environmental Protection Department in Hong Kong regulates the policies for environmental protection. Businesses in Hong Kong must observe the regulations for air pollution, noise, waste and water management as well as nature conservation issues.

10. Regulations for intellectual property protection in Hong Kong

Intellectual property is protected in Hong Kong. Companies can register trademarks, patents, designs, copyrights but also other creations like inventions or literary and artistic works. The Copyright Law, the Trademark Law, and the Patent Law are the most important source of legal provisions for all those who are interested in protecting their work, inventions or the distinctive signs of their company.

The knowledge acquired facilitate your career development is as follows:-

There are two areas of business law. One deals with the regulation of organisations through laws of partnership, company, bankruptcy and agency. The other one regulates commercial exchanges through laws of contract. This means you will handle legal issues, such as contracts, litigations, transactions, intellectual property, fraud, illegal activities, ethical business practices, etc.

During your studies, you can choose to specialise in a certain field, such as International Business Law, European Business Law, and others. You will learn about law-making, e-commerce, business economics and other aspects. Additionally, you’ll discover how to advise people who want to start a business and help them with understanding the legal aspects of hiring and firing people. You’ll also discover more about the tax system, how it works and how to minimise taxes.

The focus will be on developing various skills, ranging from writing, communication, to negotiation and presentation. A great advantage of studying Business Law studies is the opportunity to practise these skills on real case studies.

A Bachelor's or Master's in Business Law can help you become a successful business lawyer, paralegal, finance analyst, risk analyst, loan officer, or corporate counsel.

It can offer you the chance to collaborate with thought leaders around the globe and move between our 50+ offices when the opportunities arise. You’ll also get to work on some of the most high profile cases on behalf of the world’s most powerful institutions.

Constantly striving for excellence and innovation at the leading edge of law can be challenging.However,you have worked hard to create an environment where your talent can flourish. Whether you’re just starting out or are looking to take the next step in your career, you’ll be supported along every stage of your development and helped to achieve your full potential.

If taking your career down a less traditional path peaks your interest but you don’t want to compromise on quality of work.hese opportunities are available on a part-time and full-time basis, allowing you to match your job to your personal requirements

Traps

Some companies persuade and pressurise job seekers to buy their products in order to join the company. The job requires sharing commission (in a hierarchical way/pyramid selling), or the participants have to pay a large sum of money to get the job, and are required to make a profit through recruiting other members (including relatives and friends) as their lower tiered staff rather than directly selling the products.

Most of the reported cases of employment traps were related to the promotions field. Thus, there are ample examples of promotion related employment trap

Some job scammers claim to be representatives from the entertainment industries (such as modeling agencies). The job scammers approach job seekers and claim that they have the potential to be models, singers and movie stars. However, conditions are imposed and must be met before they are able to start their careers. This includes having the job seekers pay fees for training classes and visits to the beautician. Other fees might include referral fees and deposits. The money paid might not be returned, or there might be no actual job referrals.

Some job scammers claim to be brokers or traders of investment companies or claim to be holding high-level jobs in marketing firms. They then offer job seekers high pay for posts that require little prior experience and qualifications. Upon employment, the employees will be pressurised or manipulated to make investments with their own money or money from their friends and families. Eventually, the employers fraudulently tell the employee that their investments have failed.

Some scammers try to steal personal data for their own profit and benefit. The personal data are usually stolen through long, drawn out interview processes with multiple forms to fill in. The personal data that are fraudulently obtained include Hong Kong Identification Card number, bank accounts and credit card information. The scammers will then use the job seekers’ personal information to obtain loans from banks, or steal from their credit card accounts.

All employee categories are subject to the statutory minimum wage as specified in the Minimum Wage Ordinance This includes employees in full time and part time capacities. The only exemptions allowed are listed under the Minimum Wage Ordinary for student interns and work experience students. All employers should pay the wages on time and the payment should not be less than the statutory minimum wage. Some employers might attempt to break the law by paying less than the minimum wage, whether or not the wage amount was specified in the contract. Thus, employees should ask the employers to clarify the amount of wages that are to be paid during the negotiation of contract. Underpaid or unpaid employees should approach the Labour Relations Division of the Labour Department.