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In January 2011 Mr Fang, the owner of a private enterprise, entered into a loan agreement

and a mortgage agreement with a local credit association (Credit Association) to borrow RMB 2 million yuan for one year to meet the needs of his business operation, and provided his own house as the subject matter under the mortgage agreement. After the conclusion of the mortgage agreement, Mr Fang and Credit Association went to register the mortgage agreement with the local real estate registration centre.

In June 2011 Mr Fang leased the same house to Ms Lee for a period of two years.

Due to the sudden change of the market and poor operation of his enterprise, Mr Fang was unable to repay the principal and interest as agreed when the loan matured at the end of January 2012. Credit Association filed a lawsuit in the people’s court and obtained a judgement in favour of its claim for the principal RMB 2 million yuan plus interest.

Credit Association then advised Ms Lee to leave the house, as it has been authorised by the people’s court to organise a public auction to sell the house for the enforcement of the judgement. Ms Lee refused to leave the house on the grounds that the lease agreement was an effective one between Mr Fang and herself and would last until the end of June 2013. In addition, Credit Association’s right of mortgagee should not affect her right under the lease agreement.

Required:

Answer the following questions in accordance with the relevant provisions of the Property Law, and give your reasons for your answer:

(a) state whether Ms Lee’s grounds for refusal to leave the house can be established. (5 marks)

(b) state how Ms Lee should deal with the current situation. (5 marks)

提问人:网友guocomputer 发布时间:2022-01-07
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第1题
听力原文:M: Hello, Karen Williams speaking.F: Hello, Karen, this is Alice Everett here.M:

听力原文:M: Hello, Karen Williams speaking.

F: Hello, Karen, this is Alice Everett here.

M: Oh, hello, Mrs Everett. How are you?

F: Fine, thanks. Karen, the reason I am ringing is to sort out the arrangements for my visit to Liverpool next month. I'd like to go over the whole itinerary.

M: All right. I think I've got all the details as well as the travel arrangements.

F: OK, then we can start with 24th. What time shall I arrive at Liverpool?

M: Well, the plane arrives at 10:00 a.m.

F: That's good. When am I supposed to meet Mr Davis from Sunrise?

M: At about 11:00 to 11:30, I think. Then you have an lunch appointment with Mrs Rebecca from National Bank at 12:30.

F: Oh, I almost forgot about this. Is it correct that I only have one appointment in the afternoon ?

M: That's right, you have to sign an agreement with Mr McDonald from Ford at 3 o'clock. Then you'll be free in the evening. But you'll have to visit two factories on 25th before your return flight at 2:30 in the afternoon.

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&8226;Look at the form. below.

&8226;You will hear a man calling to check the schedule.

Mrs Everett's Schedule

24th January

10 a.m.: arrive at the airport of (9) ___________________

11:00~11:00: (10) ___________________ from Sunrise

12:30: lunch appointment with Mrs Rebecca from

(11) ___________________

3 p.m.: (12) ___________________ with Mr McDonald from Ford

Evening: no-specific arrangement

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第2题
Which hook is employed? On January 8, 2011, the worst snowstorm in the history of my state paralyzed our area.

A、Posing an interesting or controversial question

B、Using a relevant quotation

C、Making a startling statement or giving shocking information

D、Employing the funnel method

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第3题
Mr Bod has paid rent of $2,400 for the period 1 January 20X8 to 31 December 20X8. His firs
t accounts are being drawn up for the nine months ended 30 September 20X8. What should his first accounts show?

A、Only a rent expense of $2,400

B、A rent expense of $1,800 and a pre-payment of $600

C、A rent expense of $1,800 and accrued income of $600

D、A rent expense of $2,400, with an explanatory note that this is the usual charge for 12 months

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第4题
On January 1, 2009, Bao limited bought a piece of manufacturing equipment for $250,00
0.At that time they estimated its useful life to be 10 years and its salvage value to be $10,000.During 2011, it became apparent that the equipment was wearing our more quickly than they had originally estimated.It now appeared that its useful life would only be 6 years in total.If Bao Limited uses the straight-line method for depreciation and has a policy of only taking one-half year’s depreciation in the year of acquisition, the depreciation expense on this piece of equipment for 2011 will be closest to:

A.$48,000.

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第5题
In January 2011 Department Store entered into a sales contract with Appliance Co to buy 10
0 refrigerators from the latter at a price of RMB 3,000 yuan/piece, total price being RMB 300,000 yuan. The payment would be made in two instalments: 100,000 yuan as advance payment to be paid after the conclusion of the contract, and the remaining 200,000 yuan to be paid in April 2011. Upon receiving the advance payment Appliance Co would deliver all the products. After the conclusion of the sales contract, Department Store made the first payment of 100,000 yuan and received all the products delivered by Appliance Co.

In the same month, Appliance Co intended to rent a space of 100 m2 from Department Store to exhibit its other appliance products. For this purpose the two parties entered into a rental agreement and agreed upon the following terms and conditions: the term of rental would be one year as from January to December 2011; the total rental would be RMB 400,000 yuan and be paid RMB 100,000 yuan quarterly within the first 10 days of January, April, July and October.

At the end of March 2011 Appliance Co sent Department Store a written notice, stating that it would set off its rental of RMB 200,000 yuan for the second and third instalments with the remaining price of 200,000 yuan for the refrigerators.

Required:

Answer the following questions in accordance with the relevant provisions of the Contract Law, and give your reasons for your answer:

(a) state the nature and different forms of set-off as presented by Appliance Co to Department Store; (4 marks)

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第6题
Manco has been experiencing substantial losses at its furniture making operation which is
treated as a separate operating segment. The company’s year end is 30 September. At a meeting on 1 July 2010 the directors decided to close down the furniture making operation on 31 January 2011 and then dispose of its non-current assets on a piecemeal basis. Affected employees and customers were informed of the decision and a press announcement was made immediately after the meeting. The directors have obtained the following information in relation to the closure of the operation:

(i) On 1 July 2010, the factory had a carrying amount of $3·6 million and is expected to be sold for net proceeds of $5 million. On the same date the plant had a carrying amount of $2·8 million, but it is anticipated that it will only realise net proceeds of $500,000.

(ii) Of the employees affected by the closure, the majority will be made redundant at cost of $750,000, the remainder will be retrained at a cost of $200,000 and given work in one of the company’s other operations.

(iii) Trading losses from 1 July to 30 September 2010 are expected to be $600,000 and from this date to the closure on 31 January 2011 a further $1 million of trading losses are expected.

Required:

Explain how the decision to close the furniture making operation should be treated in Manco’s fi nancial statements for the years ending 30 September 2010 and 2011. Your answer should quantify the amounts involved.

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第7题
You are the partner responsible for performing an engagement quality control review on the
audit of Snipe Co. You are currently reviewing the audit working papers and draft audit report on the financial statements of Snipe Co for the year ended 31 January 2012. The draft financial statements recognise revenue of $8·5 million, profit before tax of $1 million, and total assets of $175 million.

(a) During the year Snipe Co’s factory was extended by the self-construction of a new processing area, at a total cost of $5 million. Included in the costs capitalised are borrowing costs of $100,000, incurred during the six-month period of construction. A loan of $4 million carrying an interest rate of 5% was taken out in respect of the construction on 1 March 2011, when construction started. The new processing area was ready for use on 1 September 2011, and began to be used on 1 December 2011. Its estimated useful life is 15 years.

Required:

In respect of your file review of non-current assets:

Comment on the matters that should be considered, and the evidence you would expect to find regarding the new processing area. (8 marks)

(b) Snipe Co has in place a defined benefit pension plan for its employees. An actuarial valuation on 31 January 2012 indicated that the plan is in deficit by $10·5 million. The deficit is not recognised in the statement of financial position. An extract from the draft audit report is given below:

Auditor’s opinion

In our opinion, because of the significance of the matter discussed below, the financial statements do not give a true and fair view of the financial position of Snipe Co as at 31 January 2012, and of its financial performance and cash flows for the year then ended in accordance with International Financial Reporting Standards.

Explanation of adverse opinion in relation to pension

The financial statements do not include the company’s pension plan. This deliberate omission contravenes accepted accounting practice and means that the accounts are not properly prepared.

Required:

Critically appraise the extract from the proposed audit report of Snipe Co for the year ended 31 January 2012.

Note: you are NOT required to re-draft the extract of the audit report. (7 marks)

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第8题
Questions 16-22 ?Read the minutes of the meeting below. ?Are the sentences 16-22 "Right" o

Questions 16-22

?Read the minutes of the meeting below.

?Are the sentences 16-22 "Right" or "Wrong"? If there is not enough information to answer "Right" or "Wrong", choose "Doesn't say" .

?For each sentence (16-22), mark one letter (A, B or C).

MINUTES OF THE MEETING HELD IN

CONFERENCE ROOM NO. 8

ON MONDAY 19TH MAY 2008

Present: Mr Wang Kai, General Manager, in the chair

Mr Li Fei, Production Manager

Mr Huang Shu, Purchase Manager

Ms Oheng Li, Sales Manager

Miss Song Yu, Secretary (Minutes Keeper)

The meeting was opened at 8.30 a.m. by Mr Wang Kai.

Apologies for absence

Mr Hu Su, Personnel Manager

Miss Lu Ping, Sales Assistant

Ⅰ.Minutes of the last meeting.

The minutes of the last meeting were read, confirmed and signed.

Ⅱ.Changing of promotion materials

Ms Chena Li suggested changing the company's promotion materials as many new products have been launched since 2005. It was agreed that Ms Cheng would update the promotion materials and that she would submit the drafts at the next meeting on 18th June.

Ⅲ.The company's holidays

Mr Wang announced the dates of the company's holidays= 5th to 16th July, inclusive:24th December to 5th January, inclusive.

Ⅳ.Security

Mr Wang raised the problem of office security, who suggested that all important papers should be kept in the safe. It was agreed that only those present at the meeting would have the key to the safe.

Ⅴ.There being no further business, Mr Wang closed the meeting at 9:30am.

The promotion literature shoul.d be upgraded because many new products have come out.

A.Right

B.Wrong

C.Doesn't say

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第9题
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A.安全生产antoànsảnxuất

B.安全生产、应急避险antoànsảnxuất,bảohiểmrủirokhẩncấp

C.应急避险bảohiểmrủirokhẩncấp

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第10题
“人大释法”是指中华人民共和国的常设立法机关全国人民代表大会常务委员会对最高国家权力机关全国人民代表大会制定的香港特别行政区宪制文件《中华人民共和国香港特别行政区基本法》作出立法解释。下列案件中,那一个判例是香港特别行政区的法院主动提请“人大释法”之后作出的判决?

A、Ng Ka Ling and Another v. The Director of Immigration [1999] HKCFA 72; [1999] 1 HKLRD 315; (1999) 2 HKCFAR 4; [1999] 1 HKC 291 ; FACV 14/1998 (29 January 1999)

B、The Director of Immigration v. Chong Fung Yuen [2001] HKCFA 48; [2001] 2 HKLRD 533; (2001) 4 HKCFAR 211; FACV 26/2000 (20 July 2001)

C、Democratic Republic of the Congo and Others v. FG Hemisphere Associates LLC [2011] HKCFA 41; (2011) 14 HKCFAR 95; [2011] 4 HKC 151; FACV 5/2010 (8 June 2011)

D、Sixtus Leung Chung Hang v. Chief Executive of The Hong Kong Special Administrative Region, Secretary for Justice [2017] HKCFA 55; (2017) 20 HKCFAR 390; FAMV 9/2017 (1 September 2017)

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