同朋友開公司, 佢私自拿走晒D錢

Here are what you have to do:

1. The consensus is correct that the company must be "alive" in order to sue your friend. So regardless, you must maintain the company "alive", such as paying all necessary fees and filing necessary reports.

2. You can disregard what the police told you. Bottom line - the police are civil servants. They need performance to get promoted. When the impact to the public is minor, the police rarely do anything (A classic example is pickpocketing).

3. You will have to sue in the name of the company, not you. Your friend did not take his money back, but the company's money. You did not sustain a loss, but the company did. Since the company has been incorporated, the company needs to sue on its own.

4. Unfortunately, you will have to sue at DC, not SCT, because:

a. Any SCT judgments are monetary only. Even your company is able to recover half of the money, the SCT does not have the authority to discharge your friend as a equity partner.

b. There are proper procedure for a partner's withdrawal, which must put in writing and submit to the Company Registry.

c. Depending on the circumstance, your friend's breach of his duties can constitute additional injuries.

In your case, what you should do is seek the assistance of the Legal Aids Department:

http://www.lad.gov.hk/chi/las/overview.html

See if they can help you with this.

2015-07-24 05:14:42 補充：
1. It is up to you how you evaluate.

2. You can't sue on your own basis. You have no loss at all as this is not your money, but the company money.

When the company pays you, then it is your money.

重點係,d錢到底係咪屬於公司,如果係公司既錢,就係盜竊罪.

係銀行既錢,要告得入既機會唔大,下次唔好咁笨,任何一個拎錢都得,其實你等同一早已授權佢有動用權力.

係公司既錢,只要證明到係公司既錢,就有機會入罪.

以上分別會係2條控罪,係每次計一條罪,所以你要搵最易中果樣去報警,而唔係一大堆野去講,因為中point就可以,反而案件愈複雜,疑點愈多,疑點利益就係歸於被告.

而民事方面,正常就先打刑事再告民事,因為第一,你冇搜證既權力,第二,萬一刑事入左,民事就只要將刑事證供,一句唔該搬字過紙就可以,而且贏面會大好多.



2015-07-24 15:57:47 補充：
我大約再補充多少,但你要注意,我係唔可能就你既事件準確無誤去提出建議,事實上你係講得唔夠具體.

首先,呢d野唔想洗錢,最好就係刑事,因為警察係唔需要收費,而之後再利用刑事證據去打民事,事半工倍,問題就係,單野到底係咪刑事.

現實上,警方係唔願做呢d案,但我唔係話警察hea,而係舉證上有困難,而且呢d商業案落口供,真係水蛇春咁長. 我有一次類似經驗,到左報案室4次,先至叫做比到表證,再交由CID落案處理,所以你唔好認為係絕不受理,已經講左,最緊要有POINT,選擇最易入既罪去告,呢D你自己再研究下,而我上次既經驗係用左7個月時間.

2015-07-24 16:01:29 補充：
係過程中,警察有幫手,叫對方比番錢了事,基本上如果只係想拎番錢,件事就完,但我唔知道係咪岩規矩,原則上刑事係冇得私了,所以我唔肯定你既遭遇會係點.

我睇你既留言,你似乎對件事都唔太在意,我只能夠講,公義係需要靠自己爭取,冇人係可以幫到你,就算你花錢請既律師,都係一樣.