Legal Updates

02May2024

A “one stop” recognition order requiring non-responsive third parties to comply

Given Hong Kong’s status as an international financial hub and the fact that more than 75% of the companies listed on the main board of the Hong Kong Stock Exchange are incorporated in either the Cayman Islands or in Bermuda (only around 11 percent are…Read More

29Apr2024

The Legacy of Re Guy Lam Lives on

The landmark Court of Final Appeal (“CFA”) decision of Re Guy Lam[1] has generated numerous articles written by practitioners and academics on the interaction between exclusive jurisdiction clauses and the court’s jurisdiction to wind up or bankrupt a debtor.  Following the CFA’s decision, the Guy…Read More

26Apr2024

The Use of Mediation in International Child Abduction Cases

Introduction An occurrence of international child abduction evokes negative emotions and strong condemnation. The unauthorised removal of a child from the loving care of a parent across international lines is obviously unacceptable. Equally so, is the retention of a child abroad without mutual parental consent. …Read More

24Apr2024

DAOs and the law: Securities law

Decentralised Autonomous Organisations (DAOs) are an emerging method for organising community based activities using blockchain technology. In the third of a series of articles exploring legal issues related to DAOs in Hong Kong, Pádraig Walsh and Shirley Kong from the Digital Services and Fintech practice…Read More

17Apr2024

DAOs and the law: Legal Wrappers

Decentralised Autonomous Organisations (DAOs) are an emerging method for organising community based activities using blockchain technology. In the first of our series of articles (available here), we looked at the legal nature of a DAO and some legal issues that can arise. In this article,…Read More

12Apr2024

The Court of Final Appeal upholds the lawfulness of the “Letter of No Consent” Regime

On 10 April 2024, The Hong Kong Court of Final Appeal (“CFA”), Hong Kong’s highest court, delivered its ruling in Tam Sze Leung & Ors v Commissioner of Police [2024] HKCFA 8, affirming the validity of the Hong Kong Police’s Letter of No Consent (“LNC”)…Read More

10Apr2024

DAOs and the law: Key Characteristics and Legal Issues

Decentralised Autonomous Organisations (DAOs) are an emerging method for organising community based activities using blockchain technology. Novel uses of technology give rise to novel legal issues, particularly when they intersect with capital and commerce. In the first of a series of articles, Pádraig Walsh and…Read More

08Apr2024

Considering the right to family within the context of multiple sibling adoption

In Hong Kong, the right to family life is enshrined in Article 19 of the Bill of Rights Ordinance (Cap. 383), which recognises family as “the natural and fundamental group unit of society”. Further, Article 14 protects one’s rights from arbitrary or unlawful interference with…Read More

25Mar2024

The Hong Kong Market Entry Playbook: Premises and Bank Accounts

Hong Kong has a long history of being a business-friendly location to set up both as a regional business hub and to access the sophisticated local market. In the next of a series of articles exploring the attraction of Hong Kong as a regional and…Read More

18Mar2024

The Hong Kong Market Entry Playbook: Online Terms of Service

Hong Kong has a long history of being a business-friendly location to set up both as a regional business hub and to access the sophisticated local market. In the next of a series of articles exploring the attraction of Hong Kong as a regional and…Read More

14Mar2024

New arrangement for reciprocal enforcement of cross-border judgments to aid IP enforcement in China

This article was initially published by World Trademark Review. With effect from 29 January 2024, most judgments given in civil and commercial matters will become reciprocally enforceable between the Mainland of China and Hong Kong. Any applicable final judgment given on or after that date…Read More

11Mar2024

The Hong Kong Market Entry Playbook: Consumer protection

Hong Kong has a long history of being a business-friendly location to set up both as a regional business hub and to access the sophisticated local market. In the next of a series of articles exploring the attraction of Hong Kong as a regional and…Read More