Thesis (M. Soc. Sc.)--University of Hong Kong, 1996. / Includes bibliographical references (leaf 85-91).

Thesis (M.Soc.Sc.)--University of Hong Kong, 1989. / Also available in print.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1990. / Also available in print.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1996. / Includes bibliographical references (leaf 85-91) Also available in print.

The pillaging of companies by those who control them is becoming a common occurence in South Africa. The problem arises where those in control of a company are its sole shareholders and the property they are charged with stealing, though not legally belonging to them, is vested in an entity which itself belongs to them. One defence is that there can be no theft where the company consents to the appropriation of its funds. It is argued that a theft is committed only where all the criminal elements of the crime of theft are satisfied, notwithstanding the consent, or absence thereof, by the company. Case law indicates that a conviction depends on the : solvency or insolvency of the company; degree of control and victim of the appropriation. It is submitted that it is inappropriate to base a conviction on these criteria. All abuses of the corporate structure should be punished. / Mercantile Law / LL. M.

In recent decades, the prospect of holding corporations and their representatives responsible for international crimes has emerged as an important component of a number of interlinked fields. While these ideas have become widely acknowledged, the scope of the relationship between commerce and international criminal justice has remained poorly understood among theorists and seldom implemented in practice. In large part, both these phenomena result from a lack of familiarity with the diverse fields one must traverse in order to speak with any degree of confidence about the role of international criminal justice as a means of regulating globalized markets. In what follows, I introduce how my work for the JSD has explored three different but necessary areas of law that underpin these analyses. Specifically, this final essay provides a narrative of how this work emerged for me, the normative hypotheses that have informed my JSD, and the three core projects I have undertaken in international criminal law, the theory of complicity, and corporate criminal liability to move this agenda forward.

The pillaging of companies by those who control them is becoming a common occurence in South Africa. The problem arises where those in control of a company are its sole shareholders and the property they are charged with stealing, though not legally belonging to them, is vested in an entity which itself belongs to them. One defence is that there can be no theft where the company consents to the appropriation of its funds. It is argued that a theft is committed only where all the criminal elements of the crime of theft are satisfied, notwithstanding the consent, or absence thereof, by the company. Case law indicates that a conviction depends on the : solvency or insolvency of the company; degree of control and victim of the appropriation. It is submitted that it is inappropriate to base a conviction on these criteria. All abuses of the corporate structure should be punished. / Mercantile Law / LL. M.

published_or_final_version / Public Administration / Master / Master of Social Sciences

The other study distinguishes the effects of political connection and governmental intervention on firm value. The event study of 371 scandals from 1997 to 2004 confirms the hypothesis that governmental intervention is the de facto reason. Scandal firms controlled by the state sustain less negative cumulative abnormal returns than non-state controlled firms, because the market expects that those state controlled scandal firms will surely receive governmental bailout or support while those non-state controlled ones not. For state controlled samples, the degree of political connection does not produce any significant effect on the market reactions. For non-state controlled scandal firms, however, closely politically connected firms have more negative CAR than loosely politically connected ones. This is because the governments get away from the scandal firms in trouble, and those non-state controlled firms that once gained the governmental intervention via political connection suffer more as the support withdraws. The results highlight the effect of governmental intervention on the firm valuation, and address a misconception that political connection is the source of firm value. / The thesis includes two empirical studies concerning corporate scandals in China. One investigates the intra-industry effect of 356 scandals from 1997 to 2004. The empirical results show that contagion effect and competitive effect are conditioned by degree of industry competition and ownership type of scandal firms. Because state controlled firms dominate in most industries and share common characteristics as the legacy of planned economy, their scandals can typically reveal the industry wide information on poor corporate governance problem. In highly competitive industries, the negative information of state controlled scandal firms spills over to state controlled peers, creating net contagion (negative) effect. In low competitive industries, contagion effect is offset by competitive effect that mainly stems from non-state controlled rivals. Comparatively, non-state controlled scandal firms, because of their marginal status in the market, do not produce evident externality in the industry. This study supports the hypothesis of informational contagion effect, and contrasts with the traditional view that scandals are idiosyncratic. The conclusions in previous studies are biased because they fail to consider the role of ownership on intra-industry effects. / Zhang, Peng. / "August 2007." / Adviser: Larry H. P. Lang. / Source: Dissertation Abstracts International, Volume: 69-08, Section: A, page: 3259. / Thesis (Ph.D.)--Chinese University of Hong Kong, 2007. / Includes bibliographical references (p. 109-113). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. [Ann Arbor, MI] : ProQuest Information and Learning, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstracts in English and Chinese. / School code: 1307.

published_or_final_version / Criminology / Master / Master of Social Sciences