Industry Insights

The Securities and Futures Commission's Code of Conduct puts investor protection at its core. Paragraph 5.2 of the Code ("Know your client: reasonable advice") is the "suitability...
April 2019
On 10th August 2018, the Securities and Futures Commission (“SFC”) published in the Gazette an updated Disciplinary Fining Guidelines (“Fining Guidelines”). The SFC noted that the update “codified”...
April 2019
The interconnectivity of the global securities market means that aggressive regulators often pursue investigations and enforcement actions across multiple jurisdictions. Sometimes, jurisdictional...
April 2019
It is welcome news that, effective from 3 December 2018, the District Court (“DC”) and Small Claims Tribunal (“SCT”) are able to hear cases of higher monetary value. It means fewer cases will be...
April 2019
Given the importance of the legal profession, solicitors and the local bar to the development of the common law within “One Country, Two Systems”, applications for ad hoc admission by...
April 2019
Goldman Sachs Group v Commission (T-422/14) is one of the first judgments of the EU General Court which addresses the issue of liability of private equity investors for breaches of competition...
April 2019
We are living in the midst of the Fourth Industrial Revolution, which is characterised by breakthroughs and innovation in information and communications technology, including robotics, artificial...
April 2019
In a recent case (Dickson Valora Group (Holdings) Co. Ltd v Fan [2019] HKCFI 482), the Hong Kong courts have confirmed their unambiguous pro-arbitration stance, both in terms of arbitration...
April 2019
“Business as usual, cash flow is the king.” This is especially true for the Hong Kong construction industry, when the success of any project counts on a chain of interdependent parties starting...
March 2019
The last twelve months have seen significant developments with regard to the local legislative regime to combat money laundering. These developments took place against the background of the Financial...
March 2019
The judgment of the Companies Court in Re China Fishery Group Ltd [2019] HKCFI 174 comes on the back of its judgment in Re CW Advanced Techonologies Ltd [2018] HKCFI 1705. Both...
March 2019
From 9 July 2018, derivative actions commenced in Bermuda may not be continued without leave of the Supreme Court. The requirement comes by way of amendments to the Rules of the Supreme Court 1985...
March 2019
The Committee on Foreign Investment in the United States (CFIUS) has for many years examined some acquisitions of U.S. industries for their impact on national security. Following a recommendation...
March 2019
In Poben Consultants Ltd v Clearwater Bay Golf & Country Club [2019] HKCA 107, the Court of Appeal considered the test for determining whether a communication is made "without prejudice...
March 2019
The Property Management Services Authority's recent Consultation Paper on a "Proposed Licensing Regime for Property Management Companies and Property Management Practitioners" will be impenetrable to...
February 2019
To further develop Hong Kong into a full-service asset management hub, the open-ended fund company (OFC) structure was introduced on 30 July 2018. The OFC regime aims to compete with other asset...
February 2019
Extract from Speech of The President of Law Society at Opening of Legal Year 2019: "… What triggered an overall review of the foreign lawyers’ regulatory regime in 2016 were the strong concerns...
February 2019
An important appeal judgment in a failed judicial review challenge in Interush Ltd v Commissioner of Police has been handed down ([2019] HKCA 70, CACV 230/2015). The background to the case is...
February 2019
As previously noted in Industry Insights (August 2017 and June 2018), Re A is a rare example of a contested application for admission to the Bar pursuant to s. 27(1) of the...
January 2019
The Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance was enacted on 14 June 2017 and came into operation on 23 June 2017. Certain key provisions were not...
January 2019