Legal Updates

28May2020

The Court-Free Amalgamation Process in Hong Kong

An amalgamation is a legal process under which the assets and liabilities of two or more companies incorporated in Hong Kong merge and are brought under one of the original companies.  Tim Drew and Herman Pang from the Corporate and Commercial practice group of Tanner…Read More

19May2020

Another obiter judgment, what is the status of the “Lasmos” approach now?

On 12 September 2019, we discussed the importance of the Court of Appeal’s judgment in But Ka Chon v Interactive Brokers LLC[1] (“But Ka Chon”). In But Ka Chon, the Court of Appeal made obiter observations moderating the Lasmos approach[2] in that a debtor would not be able to simply deny a…Read More

19May2020

Hong Kong Wage Subsidy Update 4 –Employment Support Scheme (ESS) Application details announced

The Hong Kong Government has announced the application process for the first tranche of the Employment Support Scheme (ESS) which commences on 25 May 2020, along with the clawback and penalties that will apply if the ESS undertakings are breached.  Details of the application process,…Read More

14May2020

Hong Kong Wage Subsidy Update 3 – HK Government releases further details on application process for Employment Support Scheme (ESS)

UPDATE 4: 19 May 2020 – Hong Kong Wage Subsidy Update 4 –Employment Support Scheme (ESS) Application details announced The Hong Kong government issued a press release, Technical briefing on the Employment Support Scheme (ESS) and some FAQs on the ESS earlier this week.  These…Read More

12May2020

Power of Chairman at General Meeting to Disallow a Member’s Vote

The general rule under the Companies Ordinance (Cap. 622)[1] subject to the provisions of a company’s articles is that every member present in person or by proxy is entitled to vote at a general meeting. This general rule was tested in the case of Kwok…Read More

08May2020

Mergers and Acquisition – Deposit at the MOU Stage

In the context of mergers and acquisitions, it is not uncommon for the intended seller to ask for a deposit or other amount to be paid under a memorandum of understanding (“MOU”).  The MOU, much of which is usually not binding, will also provide for…Read More

05May2020

Fortress or Sandcastle: Cybersecurity risks of working from home

COVID19 has led to more and more people working from home.  This trend will continue in the future.  Homes are not made of bricks and mortar in cybersecurity terms.  Cybercriminals are finding it easier to huff and puff, and blow these straw houses down.  Pádraig…Read More

24Apr2020

Covid-19: Can children be separated from parents during quarantines?

Government protocol to manage Covid-19 is to quarantine and hospitalise all positive Covid-19 cases and to isolate all close contacts.  For many parents, the fear of being separated from their children, or of their children facing the trauma of hospitalisation or quarantine on their own,…Read More

22Apr2020

Recent UK Supreme Court’s decisions touching on key elements of vicarious liability

Introduction Vicarious liability is a long-established legal principle which imposes liability on an employer for the wrongful act committed by its employee against another person during the course of the employee’s employment. The rationale of such legal principle aims at a fairer allocation of risk…Read More

21Apr2020

COVID-19: Managing Data Ethics in a Pandemic

In times of stress, you don’t rise to peak performance, you fall to the level of your training. There is a global pandemic. There is quite a lot of stress about. Governments and public institutions are looking for technology solutions to help. Is a balanced…Read More

21Apr2020

Can the novel coronavirus form a defence to international child abduction?

An interesting decision is now available in respect of a child removed by her mother from Spain, her place of habitual residence and the subsequent application by her father for her return brought under legislation incorporating the Convention on the Civil Aspects of International Child…Read More

20Apr2020

Hong Kong Wage Subsidy Update – Further details on Employment Support Scheme (ESS) provided in Finance Committee Discussion Paper

UPDATE 4: 19 May 2020 – Hong Kong Wage Subsidy Update 4 –Employment Support Scheme (ESS) Application details announced UPDATE 3: 15 May 2020 – Hong Kong Wage Subsidy Update 3 – HK Government releases further details on application process for Employment Support Scheme (ESS)…Read More