Research on Director Tort Liability in Common Law —Reflections Prompted by Cases of Hong Kong Court in Recent Years

In recent years, social and economic interactions between Hong Kong SAR and Chinese mainland are on the rise. With a sound judicial system of company laws, Hong Kong's legal cases in this field provide lots of references for Chinese mainland, including the liability fixation in director tort. Using cases of director tort in Hong Kong company laws, this paper carries out an in-depth study of liability fixation of director tort in Hong Kong as well as British common law, including negligence tort and deliberate tort. It argues that director tort should be restricted by tort law and explains the content of “personal liability assumed”. It puts forward that “agency theory” is theoretically and practically better than “deputy theory”.