Industry Insights

The Hong Kong Monetary Authority (HKMA) has fined Shanghai Commercial Bank Ltd $5 million (US$640,967) and reprimanded it for breaching anti-money laundering and counter terrorist financing rules...
September 2018
In the closing paragraph of the judgment in Re CW Advanced Technologies Ltd [2018] HKCFI 1705, the court had this to say about the lack of any statutory regime for cross- border insolvency...
September 2018
Action to recover costs – “Subject to the provisions of this Ordinance, no action shall be brought to recover any costs due to a solicitor until 1 month after a bill thereof has been delivered...
September 2018
In the recent judgment of HKSAR v Chan Ka Chun (陳家俊)[2018] HKCFA 31, the Court of Final Appeal allowed the appeal, quashed the appellant’s drug trafficking conviction and ordered a re-trial...
September 2018
Whilst the Plaintiffs in HCA 1980 of 2015 ultimately decided to pay the Defendant’s full costs and discontinue the case before making it to trial (i.e. a surrender, not a settlement), the...
September 2018
Back in 1998, the Review Body on Bid Challenges was set up pursuant to the Agreement on Government Procurement under the World Trade organization (WTO GPA), which enables Suppliers to guard...
September 2018
As observed in previous Industry Insights, recent debate about third party funding has focused on arbitration in Hong Kong (and mediations covered by the Mediation Ordinance). However, the...
September 2018
In Chang Wa Shan v Esther Chan Pui Kwan [2018] HKCFA 29, the Court of Final Appeal (among other things) declined to extend the common law defence of absolute privilege in the law of...
August 2018
HCA 1980 of 2015 was in many ways the jurisdiction’s first cryptocurrency-based litigation. The action was commenced by the largest developer of bitcoin mining hardware in PRC. On the other-side was...
August 2018
Introduction A derivative action is an action commenced by one or more minority shareholders on behalf of a company in respect of loss or damage which that company itself has suffered. Such a...
August 2018
By a resolution of the Legislative Council, pursuant to s. 73A of the District Court Ordinance (Cap. 336) and published in the Government Gazette (29 June 2018 – L.N. 131 of 2018), increases to the...
August 2018
The Hong Kong Competition Tribunal, which hears all cases regarding violations of Hong Kong’s competition law, recently issued a decision addressing (1) the general contours of discovery in...
August 2018
Hong Kong’s Securities and Futures Commission has begun proceedings against the former chairman and CEO of China Forestry for suspected false disclosure of information in the timber company’s IPO...
July 2018
After 10 years of protracted court battles, the Plaintiff in Chun Sang Plastics Company Limited v Commissioner of Police & Secretary for Justice [2018] HKCFI 661 was finally awarded...
July 2018
On 14 May 2018, the General Office of the State Council issued the Opinions on Further Reducing Enterprise Launch Time, with immediate effect. The opinions are aimed at reducing the time it takes...
July 2018
The four classical principles of sentencing enumerated by Lawton LJ in James Henry Sergeant (1974) 60 Cr App R 74 “retribution, deterrence, prevention and rehabilitation” are drawn upon once an...
July 2018
On 6 June 2018, the China Securities Regulatory Commission (CSRC) issued the Measures on the Administration on Issuing and Transacting Chinese Depositary Receipts (Trial) together with eight...
July 2018
Valuations of “new economy” initial public offerings in Hong Kong are ringing alarm bells in China, with the securities regulator urging institutions to be “responsible” and professional in the book-...
July 2018
One only has to take a cursory perusal of the Competition Commission's resplendent website to see that it is one of the most socially active regulators in the village of Hong Kong, with frequent...
July 2018
At the heart of the appeal before the Court of Final Appeal in Astro Nusantara International B V v PT Ayunda Prima Mitra [2018] HKCFA 12 was the appellant's application for time (pursuant...
July 2018