Legal Updates

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

08Jun2021

Data Breach Response: Managing Liability

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

04Jun2021

New licensing regime for Virtual Asset Service Providers: The Consultation Conclusions

On 21 May 2021, the Financial Service and the Treasury Bureau (“FSTB”) published the conclusions to the consultation on legislative proposals to enhance anti-money laundering and counter-terrorist financing (“AML/CTF”) regulation in Hong Kong.  We reported on the key points of the consultation for virtual asset…Read More

28May2021

Data Breach Response: Ten Tips on Managing Regulatory Inquiries

A letter arrives from the Privacy Commissioner. There are awkward questions. Well, settle in for the long haul. You are now at the start of an inquiry. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt provides ten…Read More

21May2021

Client Alert – Beware of doxxing messages

The much anticipated amendments to the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO) are gathering pace. On 11 May 2021, the Hong Kong government proposed amendments to the existing statutory regime against ‘doxxing’ activities. ‘Doxxing’ generally refers to the gathering of personal data of third…Read More

13May2021

Drafting issues relevant to Hong Kong and beyond: asymmetric clauses, multiple-contract scenarios and risks of arbitrating against non-parties in financial arbitration

Introduction It goes without saying that a well-considered and well-drafted arbitration agreement avoids wasting time and costs on satellite arguments, which go to peripheral matters and not the substance of a dispute. Common features in suites of financial agreements include: (a) asymmetric arbitration clauses; (b)…Read More

14Apr2021

Legal update: Reimbursement of Statutory Maternity Leave Pay is now open for applications from employers

Statutory maternity leave was increased from 10 weeks to 14 weeks effective from 11 December 2020. The Labour Department has recently announced that employers can now apply for reimbursement of the statutory maternity leave pay paid to employees in respect of the 11th to 14th…Read More

29Mar2021

Legal update: Presenting winding-up/bankruptcy petitions based on foreign judgment debts – Is registration required?

Can a foreign order or judgment be immediately enforced in Hong Kong?  Generally, the answer is no.  Depending on where the judgment comes from, either it must first pass registration under the Foreign Judgments (Reciprocal Enforcement) Ordinance, or if not caught by that ordinance, there…Read More

25Mar2021

Tanner De Witt sponsors the Annual China Global Mergers & Acquisitions Summit in Shanghai

Tanner De Witt is proud to sponsor the Annual China Global Mergers & Acquisitions Summit taking place this week at the Renaissance Shanghai Pudong Hotel in Shanghai. Highlights of the conference: The new Foreign Investment Law and the Export Control Law in China Update on…Read More