Industry Insights

Rather than appealing a judgment of the High Court of Hong Kong, a party can apply to have it set aside pursuant to the Rules of the High Court O. 35, r.2 (“Judgment, etc., given in absence...
October 2017
The Hong Kong Solicitors’ Guide to Professional Conduct, Chapter 8.03, Commentary 6: “Where it is obvious to a solicitor that documents have been mistakenly disclosed to him on discovery or...
October 2017
In Wu Kit Man v Dragonway Group Holdings Limited, HCLA15/2016, the Court of First Instance (“Court”) held that an addendum amending an employee’s contract of employment by requiring the employer...
October 2017
In Securities and Futures Commission v Yiu Hoi Ying Charles and Wong Nan Marian (CACV154/2016) (the “CA Decision”), the Court of Appeal (“CA”) recently upheld that dealing in securities...
October 2017
Founded in 1985, the Hong Kong International Arbitration Centre (“HKIAC”) was established by businesspeople and professionals in an effort to meet the growing need for dispute resolution services in...
October 2017
On 4 August 2017, the Payment and Settlement Department of the People’s Bank of China (“PBOC”) issued the Notice on Migrating the Online Payment Business of Non-bank Payment Institutions from Direct...
October 2017
In early September, China’s central bank declared that initial coin offerings (“ICOs”) are illegal, sending shockwaves throughout the virtual currency industry. The People’s Bank of China (“PBOC”),...
October 2017
One aspect of reciprocity is to treat others as you would hope they would treat you. Sometimes known as the “Golden Rule”, the principle of reciprocity has been quoted in (for example) some ancient...
October 2017
On 13 July 2017, the Supreme People’s Court (“SPC”), Ministry of Justice (“MOJ”) and China Banking Regulatory Commission (“CBRC”) jointly issued the Notice on Fully Utilising the Enforceability of...
October 2017
On 13 July 2017, the Ministry for Industry and Information Technology (“MIIT”) issued the Measures on the Administration of Telecommunications Business Operating Licences, which took effect 1...
September 2017
Under the Mandatory Provident Fund Schemes Ordinance (the “MPFSO”), any employer who, without reasonable excuse, fails to make a timely payment of mandatory contributions commits an offence and is...
September 2017
In HKSAR v Nguyen Anh Nga, FACC 17 of 2016 (on appeal from CACC 424 of 2012), the Court of Final Appeal addressed directions that must be given by a Judge in relation to inferences, holding that...
September 2017
This 1969 hit song by pop rock band “The Marmalade” (from Scotland, as am I) causes some reflection, as my family and I prepare to return to life in London. The song is about (among other things)...
September 2017
Hard facts can make for tough decisions. So might be said of the judge’s review of a master’s decision on a solicitor and own client taxation in Lam & Lai (Solicitors) v Ho Chun Yau Albert,...
September 2017
The Securities and Futures Commission (“SFC”) signed its first Co-operation Agreement with the UK’s Financial Conduct Authority (“FCA”) in May this year, followed by another similar Co...
September 2017
On 28 June 2017, representatives of MOFCOM and the Hong Kong government signed two new agreements under the Mainland and Hong Kong Closer Economic Partnership Arrangement (“CEPA”): Investment...
September 2017
As part of its legal reform, the Central Chinese government approved the establishment of the first cyberspace court in China on 26 June 2017. The Cyberspace Court was established in Hangzhou, the...
September 2017
Re A, HCMP 2079/2016, 16 June 2017, considers what it means to be “fit and proper” in the context of an application for admission to the Hong Kong Bar. The applicant is a young man who had been...
August 2017
On 17 July 2017, the International Bar Association Legal Policy and Research Unit (“IBA LPRU”) released a Handbook for Lawyers on Business and Human Rights to provide guidance for business...
August 2017
Hong Kong’s apology legislation, the first of its kind in Asia, was passed by the Legislative Council on 13 July 2017 and was published in the Gazette on 21 July 2017. It is the culmination of a...
August 2017