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Legal news, views and insight from LexisNexis Hong Kong
Cybersecurity & Data Protection Update 2021
The California court barred private lawsuits under COPPA
HKCFI Refused to Set Aside the Arbitral Award After Three Months
The New York Court interpreted that COVID-19 Pandemic is a natural disaster within a force majeure clause in excusing contract performance
Key Takeaways from the ‘Hong Kong Competition Ordinance: Developments and Considerations’ Webinar
A novel method of service of HK court documents
The English Court held that an expert owed a fiduciary duty of loyalty to a client
The Hong Kong Court of Appeal dismissed late interlocutory application in an appeal case
Key Takeaways from the ‘Thriving in the New Normal and Beyond through Legal Technology’ Webinar
The Court of Appeal addressed the considering factors in ordering a retrial
HKCFI held that an asymmetric jurisdiction clause was not an exclusive choice of court agreement for enforcement purposes in Mainland China
Key Takeaways from ‘Estate Planning to Avoid Family Dispute’ Webinar
SFC and the Competition Commission signed a MoU to promote their collaboration and co-operation
Hong Kong Court confirmed the contractor’s bond to be valid
Competition Commission commenced proceedings against textbook retailers for cartel arrangements made before the enactment of the Competition Ordinance
Key Takeaways from ‘Protecting Your Children in Case of Divorce’ Webinar
Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 came into force on 19 June 2020
The defendant successfully applied for without prejudice privilege for settlement negotiations
CFA reassessed the test for money laundering offences
Practical tips for entering contracts or signing documents via e-signatures from home
New Guideline on Medical Insurance Business
The Court of Appeal substituted a conviction for careless driving instead of dangerous driving
The High Court discharged ex parte injunctions under Chabra jurisdiction
A telephone hearing in the event of the Covid-19 situations in Hong Kong
The English Court of Appeal clarified the dominant purpose test applies to Legal Advice Privilege
A guide for employers in collecting and processing employees' personal data
The use of information on social media for tracking potential carriers of COVID – 19
High Court precluded the plaintiff to seek tort claims in the Labour Tribunal
High Court rejected an application for summary judgment for releasing money from bank accounts
Hong Kong Court granted Mareva injunction over bitcoins
Legal Considerations for Early Termination of Commercial Leasing Contracts Amidst Novel Coronavirus Outbreak
Hong Kong’s 14-day mandatory quarantine measure comes into force
Prevention and Control of Disease Ordinance amended in response to Wuhan respiratory disease
Hong Kong Government proposed new amendments to statutory maternity leave
New patent system in Hong Kong in effect starting 19 December 2019
Court held that arbitration clause in head contract was not incorporated into sub-contract
Hong Kong court set aside an order to enforce a PRC arbitral award for statutory limitation
Whether an employee backing out of an accepted job offer before commencement is a breach of contract
Whether a bankrupt’s disposal is a transfer at undervalue and/or with intent to defraud creditors
Guideline on Cybersecurity for Hong Kong authorised insurers
Tax privileges and civil servant spousal benefits ruled available to same-sex married couples in HK
Employees’ duty not to disclose employers’ confidential information
HKCFA confirms narrower construction of s161(1)(c) Crimes Ordinance on the use of one’s own computer
New Disclosure Requirements for Non-Hong Kong Companies
New tax deductions for deferred annuity premiums and Mandatory Provident Fund Tax Deductible Voluntary Contributions (MPF TVCs)
Introduction of the Inland Revenue (Profits Tax Exemption for Funds) (Amendment) Ordinance 2018
New Practice Directions on matrimonial proceedings now in effect
Hong Kong companies are not required to give any reasons for removing a director
Applications to the court by trustees
Third party funding of arbitration in effect starting 1 February 2019
Recognition and Enforcement of Judgments in relation to Civil and Commercial Matters between Hong Kong and Mainland China
Recent convictions for failure to maintain significant controllers register
HKCFI declared that exchange of pleadings is not required for third party proceedings initiated under O 16 r 1(1)(c) of the Rules of the High Court
Authority of the U.S. President over foreign acquisitions of U.S. businesses for national security reasons
Pursuant to FIRRMA, there could be changes to the current CFIUS process
CFA Discussed Civil Disobedience
Two Different Types of Behaviour of Civil Disobedience
Enhanced AML Regulations in Hong Kong
Extension of AML/CTF Requirements to DNFBPs
The expansion of the monetary jurisdiction of the District Court has come into effect on 3 December 2018
Increasing Civil Jurisdictional Limits for the District Court
Style Guide to Legal Writing
Easy guide to legal writing for common law lawyers and students
New amendments to the United Nations (Anti-Terrorism Measures) Ordinance
Four new sections were implemented to combat terrorist financing
Hong Kong Dependant Visa for Foreign Same-Sex Relationships
In light of Director of Immigration v QT, Hong Kong recognises granting dependant visa for foreign same-sex relationships
Court clarified issues on freedom of expression & assembly in public areas
Protests are not allowed in paid areas of stations
Key takeaways from LexisNexis panel at ALB Hong Kong In-House Legal Summit 2018
In-house counsels are without a doubt a key part of a business when it comes to legal matters, but how could they play a bigger role in contributing to the overall business objectives of their company?
HKCFI clarifies police search powers in relation to smartphones in judicial review
HKCFI declares constitutionality of police powers to search within digital contents of smartphones in exigent circumstances
Hong Kong District Court confirms the meaning of “sufficient connection with Hong Kong” in relation to declaration of parentage cases
Mainland children with the right of abode in Hong Kong confirmed to have sufficient connection with Hong Kong
Intellectual property rights disputes are now unequivocally arbitrable under Arbitration Ordinance (Cap. 609)
Recent amendment clarifies ambiguities regarding the arbitrability of intellectual property rights disputes
Hong Kong companies are now required to maintain a significant controllers register
New amendments to the Companies Ordinance came into force on 1 March 2018
Hong Kong data privacy law in the limelight
Network provider’s database of 380,000 Hong Kong customers was recently compromised in a cyberattack
Arbitration clauses in agreements are sufficient to dismiss a winding-up petition
HKCFI departs from established principle regarding the interplay between arbitration clauses and winding-up petitions
Paving the road to facilitate the listing of biotech companies in Hong Kong
Hong Kong Stock Exchange proposes to extend exemptions from Financial Eligibility Requirements to Biotech Companies
Hong Kong’s legal framework on extradition may be open to exploitation
Hong Kong teen suspected of murder in Taiwan may escape from murder charges
Court of Appeal sheds light on the approach taken on costs when accepting an expired sanctioned payment or offer
HKCA allowed a plaintiff to recover legal costs who accepted an expired sanctioned payment
HKCFI elaborates on the high threshold for granting leave to appeal against arbitral award on questions of law
Plaintiffs must demonstrate that the decision of the tribunal simply cannot be right, or that there are serious doubts as to the correctness or reasoning of the Award.
Foreign Insolvent Voluntary Liquidation is Eligible for Recognition and Assistance in Hong Kong
HKCFI extends the common law power of recognition and assistance to foreign voluntary liquidation applications.
What if Parental Order Application under S.12 of Parent and Child Ordinance failed in Surrogacy Arrangement
In S v J [2017] 5 HKC 288, High Court invoked wardship to fill the lacuna in Hong Kong Surrogacy Law
Nancy Kissel seeks to overturn her life imprisonment
Kissel applied to overturn the Long-term Prison Sentences Review Board’s decision not to recommend to the CE that a determinate sentence be substituted for her life sentence
English High Court provided guidance on the identification of third parties that may enforce contractual rights
Chudley v Clydesdale Bank plc showed that the identification could be done by a process of contractual construction
Withdrawing a sanctioned payment
The power to grant leave to withdraw sanctioned payment is discretionary and the defendant must satisfy the court there are good reasons, such as a change of circumstances.
Chief Executive highlighted the potential extension of paternity leave
The number of leave days for paternity leave may be increased from 3 to 5 days.
Arbitration (Amendment) Ordinance 2017 came into operation on 1 January 2018
The amendment clarifies that disputes over IPRs may be resolved in Hong Kong by arbitration.
ICAC and SFC launched a joint operation against a Hong Kong financial services firm
The executives of the company were suspected of breaching s.9(1) POBO by using the company to solicit an advantage of about HK$47 million.
A bank notified of a Mareva injunction owes no duty of care to the holder of the Mareva injunction
In Grasberg Capital Asia Ltd v Bank of Communications, the Hong Kong court applied the ratio made by the House of Lords, amongst others, that the bank could not be understood as having voluntarily assumed responsibility so as to give rise to a duty of care.
SFC v Young Bik Fung clarified the application of s.300 of SFO
It is legislative intent that the word “transaction” in s.300 should be given a wide interpretation to cover the whole scheme, even if it involves securities traded outside Hong Kong.
The impact of NEC4 in Hong Kong
NEC4 introduces a new spirit to Dispute Resolution.
The court clarified the law of summary dismissal in Cheung Chi Wah Patrick
The employer has to show that the employee has demonstrated an intent not to be bound by the essential terms and conditions of his employment contract or has repudiated the contract.
The court clarified the test for Section 57 of the Patents Ordinance
An employer only needs to show that “an” invention might reasonably be expected to result from the carrying out of the employee’s duties.
Nutanix Hong Kong Ltd clarified the scope of the direct use prohibition in Section 45(2) of the Competition Ordinance
The privilege against self-incrimination does not extend for the benefit of third parties, including one’s employer
Worldwide Cyberattack by Ransomware could fall under Hong Kong jurisdiction
A cyberattack could constitute an offence of blackmail and Hong Kong would have jurisdiction over the matter under the Criminal Jurisdiction Ordinance (Cap 461)
Budget Airline Abruptly Cancelled 18 Flights due to insufficient crew members and pilots
No aircraft may fly unless it carries a flight crew of the number and description required.
Former Student Leader was sentenced to Community Service Order
240 hours of community service, the maximum end of the spectrum for CSO, was ordered against the former student leader.
Application of the Defence in Section 271(3) of SFO
The court clarified the scope of the defence in Section 271(3) of the Securities and Futures #Ordinance in SFC v Yiu Hoi Ying Charles.
Disrespect for the national anthem may be criminalized
in Hong Kong
NPCSC proposed new law criminalizing disrespect for the national anthem, which may be applied in Hong Kong through Annex III of the Basic Law.
The Potential Impact of GDPR in Hong Kong
The General Data Protection Regulation from EU may affect the future development of PDPO in Hong Kong.
First Offender for Breaching Section 50B(1)(b) of PDPO
A director of an employment agency was the first offender convicted of failing to comply with a lawful requirement of the Privacy Commissioner.
Application of Mareva Injunction against Third Parties
Under Chabra jurisdiction, Mareva injunction could be extended to apply against third parties.
Using False Instrument in School
A school principal is suspected of using a false instrument to exaggerate its number of pupils.
Indecent Exposure on Hong Kong MTR
A man was naked on the MTR, and could be convicted for indecent exposure.
Application of PRC's Criminal Law at West Kowloon
Terminus of the XRL
Beyond the pre-conditions set in Art 18 of the Basic Law, it is unarguable that PRC's criminal law may be applied in Hong Kong.
First Company Director being Imprisoned for Defaulting
on MPF Contributions
Difficulties for the accused in complying with the MPF contributions is not a reasonable excuse.
Wine Auction was sued for passing off a fake as a Krug
champagne
Auctioneer is obliged to describe the vendor's property with such care to ensure a proper price.
Law on Illegal Cubicle Flats
It is not against the law for tenant to sublet to a subtenant in contravention of the lease, but it is unauthorized and would put them to the risk of possession proceedings by the landlord.
Key Developments in the One Belt One Road Initiative
New Chinese regulations on outbound funds flow published.
Security Bureau intended to launch a pilot scheme for
non-refoulement claimants under USM
Due to the delay under USM, the Security Bureau intended to launch a scheme to increase uptake.
The Lexis Insights articles are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgment or to provide legal advice with respect to specific circumstances. If you require any legal advice or other expert assistance, please consult a competent professional adviser.
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