The stakes are high after a data breach. There is a clear and present danger of legal liability. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt provides guidance on managing liability following a data breach. The primary…Read More
I committed a trivial breach of quarantine, do I have to go to prison for it? – A case study on breaches of quarantine under the COVID-19 pandemic
COVID-19 struck Hong Kong in early 2020. More than a year later, it is still affecting the lives of many on multiple levels. As a way to control the spread of the virus, the Government of Hong Kong has enacted and updated legislation since March…Read 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
Legal update: When do judges refer matters to prosecuting authorities and regulatory bodies for consideration of criminal behaviour or regulatory misconduct?
Introduction When judges learn of a possible crime or professional misconduct during the trial of a matter, they sometimes refer the factual issues to the Secretary for Justice (“SJ”) and/or regulatory bodies for further investigation. In most cases judges do not specify whether they are…Read More
Legal update: Court of Final Appeal’s answers on the issue of establishing a defence to indecent assaults on underage victims
In October 2017, we wrote about the magistracy appeal decision of香港特別行政區訴蔡偉麟 (HKSAR v Choi Wai Lun) (unreported HCMA 620/2016, 31 July 2017): Is a genuine belief that an underage victim is over 16 a defence to an indecent assault? On 9 May 2018, the Court of…Read More
In a recent District Court case (HKSAR v Wong Ngai Sang), a 23-year-old male was sentenced to 20 months’ imprisonment for posting secretly filmed sexual footage of himself and his ex-lover onto the internet. The defendant and the victim, Miss X, met at work and…Read More
Legal update: Is a genuine belief that an underage victim is over 16 a defence to an indecent assault?
Update: On 9 May 2018, the Court of Final Appeal (“CFA”) overruled the decision of the appellate judge. Read our update posted on 24 May: Court of Final Appeal’s answers on the issue of establishing a defence to indecent assaults on underage victims In a recent magistracy appeal…Read More
Legal update: Proposed Amendments to Hong Kong’s Anti-Money Laundering and Counter-Terrorist Financing Regulations
The Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) (Amendment) Bill 2017 (“the Bill”) was introduced into the Legislative Council (“LegCo”) on 28 June 2017. The Bill seeks to make enforceable against designated non-financial businesses and professions (including solicitors, foreign lawyers, accountants, estate agents and trust…Read More
As illegal gambling has grown so has the awareness by local and international law enforcement agencies of the link between illegal gambling, organized crime and match-fixing and the severity of the match fixing. For instance in 2014 fifteen of the member states of the Council…Read More
Legal update: Tips on protecting yourself during criminal arrest and execution of search warrants in Hong Kong with proper legal representation
The Commercial Crime Bureau obtained search warrants to search our client’s two residential properties and company office in Hong Kong. The CCB carried out “dawn raids” simultaneously on all three locations. We were able to provide immediate advice and assistance. No items were seized from…Read More