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Legal Updates

  • What Schrems II means for EU data transfers to Hong Kong

    On 25 June 2013, Maximillian Schrems, an Austrian national, applied to the Data Protection Commissioner in Ireland to prohibit Facebook from transferring his personal data to the United States. Seven years later, that application has resulted in a judgement of the European Court of Justice…Read More

  • Enforcement of Judgment or Order by way of Charging Order and recent decided cases

    Introduction Where a creditor has obtained a judgment or order against a debtor, the creditor can enforce the judgment or order by imposing a charging order on the properties as set out in section 20A of the High Court Ordinance (Cap. 4) (“HCO”), which are:-…Read More

  • Hong Kong: Arbitration hub in the Greater Bay Area

    Arbitration has become the leading process for resolving international business disputes in Hong Kong as the region sees an increasing number of matters involving the Guangdong-Hong Kong-Macau Greater Bay Area. This article originally appeared in DutchCham Magazine’s July 2020 issue. Hong Kong is widely recognised…Read More

  • Key Points in the SFC Consultation Paper on Proposed Amendments to the REIT Code

    The Hong Kong Securities and Futures Commission (“SFC”) released a consultation paper on 9 June 2020, proposing amendments to the Hong Kong Code on Real Estate Investment Trusts (“REIT Code”), to invite market participants and interested parties to comment on the proposed amendments. Pádraig Walsh…Read More

  • Legal update: Statutory maternity leave extended to 14 weeks (but change may not take effect until end of 2020)

    On 17 July 2020, the Government published the Hong Kong Employment (Amendment) Ordinance 2019 (“Amendment Ordinance”) in the Gazette. The Amendment Ordinance increases the statutory maternity leave entitlements under the Employment Ordinance (Cap 57) in Hong Kong from 10 weeks to 14 weeks, to be…Read More

  • Managing M&A in an Economic Downturn

    We are currently experiencing a global economic downturn triggered by the COVID19 pandemic. This has affected the entire commercial and finance world. M&A activity still continues though, even in these uncertain times. Some businesses seeking an exit are accelerating that process. Buyers with strong balance…Read More

  • Tanner De Witt’s family lawyers attend HKFLA talk on surrogacy and legal parenthood

    On 20 July 2020, members of Tanner De Witt’s Family Law Department attended a talk on ‘Surrogacy and Legal Parenthood: Latest Developments in Hong Kong’ organised by the Hong Kong Family Law Association (“HKFLA”).  The members’ talk was presented by Mr. Hectar Pun SC and…Read More

  • Managing Down Rounds in Venture Capital Fundraising

    There is a global recession presently that has made fundraising a difficult task. Investors are looking to support their existing portfolio. Fresh capital deployment is scarce. There is real pressure on valuations. Many young businesses that have taken venture capital are running out of runway,…Read More

  • Overview of early stage and venture capital investment in Hong Kong

    1. Startup market overview in Hong Kong 1.1 What is the typical corporate structure of a startup? The common business vehicle used is a private company limited by shares. A private company limited by shares is an independent legal entity which is responsible for its…Read More

  • The new Limited Partnership Fund regime of Hong Kong

    Private Equity (“PE”) funds play a critical role in providing growth capital to companies especially pre-IPO companies and unicorns. The past few years have witnessed the burgeoning development of PE funds across Asia-Pacific, in particular Hong Kong and Mainland China. PE funds have also gained…Read More

  • Asset Recovery Lawyer Jeff Lane on tracing fraud proceeds and more

    Below, in an interview with Who’s Who Legal who ranks Jeff as a Global Elite Thought Leader for Asset Recovery in their 2020 Edition, Partner Jeff Lane answers a range of questions addressing the ever-changing methods of fraudsters as well as his background and inspirations…Read More

  • HKIAC permitted to administer corporate disputes in Russia upon award of PAI status

    As of 25 April 2019, the Hong Kong International Arbitration Centre (“HKIAC”) is the first foreign arbitral institution permitted by the Russian Ministry of Justice to function as a permanent arbitral institution (“PAI”) under Article 44(3) of the Federal Law No. 382-FZ dated 29 December…Read More