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Legal Updates
Legal Update: PCPD’s Checklist on Use of GenAI at Work
The rapid adoption of generative artificial intelligence (“GenAI”) applications and agents is quickly transforming the workplace and how work is done in many enterprises in Hong Kong. The ease of use of GenAI tools can disguise personal data privacy and protection risks. In this update,…Read More
How to divide pension/Mandatory Provident Funds (“MPF”) Retirement Benefits in Ancillary Relief for Divorce in Hong Kong?
Nearly 25 years have passed since Hong Kong launched the Mandatory Provident Fund (“MPF”) in December 2000. As of February 2025, total assets under the MPF system in Hong Kong reached approximately HK$1.352 trillion, marking a record high since its inception and also a significant…Read More
Overview of Five Recent Arbitration Cases
Hong Kong’s arbitration landscape saw significant developments over the past 12 months, with the courts delivering important rulings on key procedural and substantive issues. From challenges to awards to jurisdictional disputes, these decisions continue to shape the future of arbitration in the region. We have…Read More
Joining the Exclusive Confidentiality Club
Background In litigation proceedings, parties may understandably be concerned about the disclosure of confidential documents. This concern is more pronounced in intellectual property proceedings involving valuable and commercially sensitive patents and trade secrets, especially where the opposing party is a business competitor. A party receiving…Read More
Directors guilty of fraudulent trading
Directors beware! Under section 275 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, if during the winding-up of a company liquidators discover that the business was carried on with intent to defraud creditors (or for any fraudulent purpose), then they can apply to the…Read More
Claiming Ownership of a Flat: The Role of Common Intention Constructive Trusts
Hong Kong has the lowest home ownership rate in the world, and the average home in the city costs as much as the average family earns in 16.7 years. Unsurprisingly, this concerning situation has led to a substantial number of disputes over landed properties. One…Read More
Personal data transfers in the Greater Bay Area of China
Here’s a conundrum. Two locations in the same country apply different laws to personal data transfers. Those locations are closely integrated economically, with policies that are designed to foster closer collaboration and development. Data sharing is a critical element to accomplish those objectives. This is…Read More
Social media posts highlight workplace sexual harassment
In January, the media noted social media posts about a female employee from a Korean chain restaurant who complained about an alleged sexual harassment by her branch manager and co-workers. This was said to involve nicknames and comments of a sexual nature about her physical…Read More
Cybersecurity: Lessons to learn from the recent SFC thematic review
More than 95% of all active traders in Hong Kong trade through internet trading systems. In this article, Pádraig Walsh from our Cybersecurity team highlights key points in a report from a recent thematic cybersecurity review of licensed corporations published by the Securities and Future…Read More
Factors in deciding damages for “injury to feelings” in discrimination cases
Under express statutory provisions in each of the anti-discrimination ordinances of Hong Kong, a successful claimant may be awarded damages for “injury to feelings” in addition to other remedies. In this regard, Hong Kong follows the Vento scale established in the English case of Vento…Read More
Must a foreign judgment be registered before being relied on as a petitioning debt?
The Court of Appeal of England and Wales (“EWCA”) recently handed down its decision in Servis-Terminal LLC v Valeriy Ernestovich Drelle [2025] EWCA Civ 62 clarifying that, as a matter of English law, an “unrecognised” foreign judgment cannot be relied upon as a basis to…Read More
Legal Update – Launch of the Immigration Facilitation Scheme for Persons Participating in Arbitral Proceedings
On 1 March 2025, the Hong Kong Government will launch the refined Immigration Facilitation Scheme for Persons Participating in Arbitral Proceedings (“Scheme”). Under the new Scheme, the following eligible persons (“Eligible Persons”) will be allowed to enter Hong Kong as a visitor to participate in…Read More