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Legal Updates
I committed a trivial breach of quarantine, do I have to go to prison for it? – A case study on breaches of quarantine under the COVID-19 pandemic
COVID-19 struck Hong Kong in early 2020. More than a year later, it is still affecting the lives of many on multiple levels. As a way to control the spread of the virus, the Government of Hong Kong has enacted and updated legislation since March…Read More
Data Breach Response: The role of the incident response team
There is no “i” in “team,” but there is I.T. in the incident response team to a data breach. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt looks at the key people involved in the incident response…Read More
An update on cross-border insolvency cooperation in Hong Kong: recognising and assisting foreign insolvency practitioners
A crucial aspect of cross-border insolvency cooperation is the recognition of foreign proceedings and providing assistance to foreign office holders. A helpful explanation of the purpose of recognition was provided by Lord Hoffman in Cambridge Gas:“[t]he purpose of recognition is to enable the foreign office…Read More
New option if your employment / dependant visa is expiring soon or has expired
A recent change in policy on extensions of stay by the Immigration Department is now permitting applications to be made by applicants who are unable to return to Hong Kong before the expiry of their employment or dependant visas. To be eligible, the applicant must…Read More
Data Breach Response: The management response
A data breach can be a crisis, and crisis management is a true test of character and leadership. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt looks at how executive management should approach and respond to a…Read More
Legal update: Does an employee affirm his or her contract of employment and lose the right to claim constructive dismissal by engaging and using the employer’s grievance procedure?
If an employee claims that his or her employer has breached the contract of employment and engages in the grievance procedure, is he or she still entitled to claim constructive dismissal? We examine the recent UK case of Gordon v J & D Pierce (Contracts) Ltd…Read More
Legal update: the Supplemental Arrangement Concerning the Mutual Enforcement of Arbitral Awards between China and Hong Kong
Hong Kong and Mainland China signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (“HKSAR”) (the “Supplemental Arrangement”) on 27 November 2020. The Supplemental Arrangement embodies amendments to the existing arrangement, made in accordance…Read More
Four things for directors to keep in mind when considering appointing liquidators
Handing over control of a company to strangers is a tough decision, but is one that is ever-present for a director facing the prospect of insolvency. Ian De Witt and Troy Greig point to some high-level issues that any sensible director facing this scenario should…Read More
Key Points in the FSTB Consultation Paper to the new licensing regime for VASPs
The Financial Service and Treasury Bureau released a consultation paper on 3 November 2020, proposing amendments to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615, Laws of Hong Kong)(“AMLO”) to introduce a licensing regime for virtual asset services providers (“VASP(s)”). River Stone, Pádraig Walsh…Read More
Legal issues in the booming arts industry – what you need to know
This article was originally published in the Dutch Chamber of Commerce in Hong Kong’s DutchCham magazine. As investors all over the globe are looking to diversify beyond the volatile and uncertain stock and bonds markets, they increasingly turn to alternative investment classes such as wine,…Read More
Data Breach Response: The notification
If a tree falls in the woods, but no-one sees or hears it, did it ever really happen? Tough question. Here’s another one. If a data breach occurs, but the data subject does not know of it, did it ever really happen? Data breach notification…Read More
Relocation amidst a pandemic: COVID-19 and a wish to permanently leave Hong Kong with children
23 January 2021 marks the one year anniversary of the confirmation that COVID-19 has spread to Hong Kong. In a year filled with uncertainties and challenges, following on from a year of protests in Hong Kong, our Family Practice has seen an increase in enquiries,…Read More
