Legal Updates

02Dec2021

Legal update: Abolition of fraud exception to summary judgments in Hong Kong

Introduction Notwithstanding heightened awareness of cyber-fraud, it is still common for individuals to be duped by fraudsters into remitting money to bank accounts in Hong Kong (and elsewhere of course) with the funds then being further dissipated by the fraudsters to put them beyond the…Read More

28Oct2021

Legal Update: The High Court confirms and restates the employer’s right to terminate under contractual provisions, and the limited effect on that right of the implied duty of trust and confidence in employment contracts

The Duty The implied duty of mutual trust and confidence (the “Duty”) was first recognised in the UK case of Malik v BCCI [1998] AC 20 and was later adopted by the Hong Kong Courts in Evelyn Semana Bachicha v Poon Shiu Man Henry (CACV…Read More

22Oct2021

Legal update: Hong Kong High Court upholds a six-month non-compete clause

The Hong Kong High Court has recently upheld and enforced a six-month non-compete clause in BFAM Partners (Hong Kong) Limited v Gareth John Mills and Segantii Capital Management Limited [2021] HKCFI 2904, granting an injunction in favour of the applicant former employer, BFAM. Background BFAM, a company…Read More

08Sep2021

Injunction to restrain the presentation of a winding-up petition

Introduction Rather unfortunately, there are no statutory provisions available to a company to set aside a statutory demand. If a company is served with a statutory demand and disputes the alleged debt, save for agreeing with the alleged creditor not to present a winding-up petition,…Read More

03Aug2021

Legal Update – Anti-Money Laundering and Counter-Terrorist Financing Review Tribunal and Competence Assessment for Money Service Operators

The Anti-Money Laundering and Counter-Terrorist Financing Ordinance, Chapter 615 of the laws of Hong Kong, (“AMLO”) (formerly known as Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance) came into effect on April 1 2012.  It aims to enhance the anti-money laundering (“AML”) and counter-financing of…Read More

13Jul2021

Data Breach Response: The Continuous Improvement Cycle

Ever tried? Ever failed? No matter. Try again. Fail again. Fail better. So said Samuel Beckett. And quite pertinent in the context of data breaches. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt explains that, in a…Read More

08Jul2021

Legal update: Statutory holidays to be increased from 12 days to 17 days over the next 9 years

The Hong Kong Legislative Council has passed the Employment (Amendment) Bill 2021 with its third reading given on 7 July 2021.  Starting from 1 January 2022, 5 days will be added to the list of statutory holidays progressively with one day added every 2 years. …Read More

06Jul2021

Data Breach Response: Role of the Legal Team

Lawyers play a critical role in the response to a data breach. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt explains the role of the legal team, why engaging external counsel is often essential, and the importance…Read More

02Jul2021

Recognition of rights for same-sex partners and their children in Hong Kong

In a landmark ruling by the High Court last month the non-biological mother of two children born to her former same-sex partner was granted guardianship rights, joint custody and joint care and control of the children. The former couple had the children with the assistance…Read More

25Jun2021

High Court rules Housing Authority policy amounts to unlawful discrimination against same-sex spouses

In another step forward for same-sex rights in Hong Kong, the High Court today handed down a judgment confirming that the Housing Authority’s policy excluding same-sex married couples from their Home Ownership Scheme (“HOS”) amounts to unlawful discrimination on the ground of sexual orientation. The…Read More

15Jun2021

Legal update: Reciprocal enforcement of civil judgments of matrimonial and family cases in Hong Kong and Mainland China

Attempts to enforce civil judgments in family cases between Hong Kong and Mainland China have faced many difficulties in the past, despite Hong Kong’s reunification in 1997. With a view to promote further legal cooperation between the borders, on 20 June 2017, the Supreme People’s…Read More