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Legal update: Hong Kong Insolvency Law – in need of its own restructuring?
The purpose of this short note is not to conduct a detailed critique of the law in Hong Kong in this very broad and complex area but to provide a brief sketch as to certain of the challenges faced by industry professionals and what steps…Read More
Legal update: Reciprocal Enforcement of Arbitral Awards between Hong Kong and Mainland China
Pre-1997 Pre-1997, the mutual enforcement of arbitral awards between the Mainland and Hong Kong was carried out by way of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The convention ceased to apply once Hong Kong became a Special Administrative…Read More
Legal update: Is your will your will?
Summary In a significant ruling, the UK Court of Appeal’s decision in Ilott v Mitson 2015 has ruled against the presumption that you can do with your estate what you wish. This decision has seemingly broadened the Court’s power to intervene where an adult child…Read More
Legal update: Indirect Discrimination in Hong Kong: claimants need to prove that they are disadvantaged and why
In the UK case of Home Office (UK Border Agency) and Shafic Essop and Others, the Court of Appeal (“CA”) decided that it is necessary for the claimant to show the reason why the provision, criterion or practice (“PCP”) which it is claimed constitutes indirect…Read More
Legal update: Tips on protecting yourself during criminal arrest and execution of search warrants in Hong Kong with proper legal representation
The Commercial Crime Bureau obtained search warrants to search our client’s two residential properties and company office in Hong Kong. The CCB carried out “dawn raids” simultaneously on all three locations. We were able to provide immediate advice and assistance. No items were seized from…Read More
Legal update: Bankruptcy – Discharge or Extension? A tougher approach by the Courts
Click here for pdf version of this article. Introduction When an individual is adjudged bankrupt, the property of the bankrupt vests in the trustees. A bankrupt’s duties include cooperating with the trustees and to assist them to recover and realise his assets. Since the legislation…Read More
Legal update: Equal Opportunities Commission – Racial Equality and School Uniform
Uniform policies and discrimination With the increasing awareness in racial equality, companies, institutions and organisations should review their existing policies and identify any potential problems which may affect the legitimacy of relevant policies. In particular, uniform policies implemented by schools and organisations have been a…Read More
Legal update: Employment Agency Arrangements and Zero Hours
In 2004 the UK Court of Appeal handed down the decision Patricia Dacas v Brook Street Bureau Limited [2004] EWCA Civ 217 stating that, under the employment agency arrangements an implied contract of employment may exist between the worker and the end user. The law…Read More
Legal update: Identity theft: how best to handle the situation
What is identity theft? Identity theft is an increasingly common type of fraud involving the assumption of part or all of a pre-existing identity for the purpose of obtaining monetary or other benefits. Identity theft can be committed in a number of different ways, including…Read More
Legal update: Recent amendments to Hong Kong employment laws (sexual harassment / paternity leave / minimum wage & employee compensation)
Employment Law Update Q1 2015 There has been a wave of employment related legislation enacted in Hong Kong over the last few months, most of which directly benefits employees. This legislation has repercussions for employers, who need to be aware of the changes and consider…Read More
Legal update: Statutory Paternity Leave
Hong Kong has finally introduced statutory paternity leave of up to 3 days for male employees employed in the private sector effective from 27 February 2015. A brief summary of the Hong Kong statutory paternity leave entitlement is as follows: (1) Who is entitled to…Read More
Legal update: Does the ‘new’ cause of action for general harassment open Pandora’s Box?
The judgment in the case of Lau Tat Wai v Yip Lai Kuen, Joey handed down on 24 April 2013 appears to be a watershed in the development of a general law of harassment. New development Prior to this judgment there had been no authoritative…Read More
