Lexis insights

Legal news, views and insight from LexisNexis Hong Kong

Court clarified issues on freedom of expression & assembly in public areas

Protests are not allowed in paid areas of stations

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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?

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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

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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

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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

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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

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Hong Kong data privacy law in the limelight

Network provider’s database of 380,000 Hong Kong customers was recently compromised in a cyberattack

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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

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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

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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

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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

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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.

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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.

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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

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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

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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

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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.

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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.

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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.

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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.

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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.

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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.

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The impact of NEC4 in Hong Kong

NEC4 introduces a new spirit to Dispute Resolution.

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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.

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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.

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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

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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)

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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.

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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.

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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.

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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.

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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.

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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.

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Application of Mareva Injunction against Third Parties

Under Chabra jurisdiction, Mareva injunction could be extended to apply against third parties.

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Using False Instrument in School

A school principal is suspected of using a false instrument to exaggerate its number of pupils.

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Indecent Exposure on Hong Kong MTR

A man was naked on the MTR, and could be convicted for indecent exposure.

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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.

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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.

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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.

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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.

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Key Developments in the One Belt One Road Initiative

New Chinese regulations on outbound funds flow published.

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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.

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Doctrine of Separation of Powers in Hong Kong

The doctrine of separation of powers is recognized in the Basic Law of Hong Kong.

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