Legal Updates

16Sep2020

I do… agree to get divorced

My spouse and I agree to dissolve our marriage. Should I file a petition based on the fact of One Year Separation with Consent or should we apply under for divorce under a joint application? If you and your spouse have to come to agreement…Read More

15Sep2020

BMC v BGC formerly known as WCY [2020] HKCA 317

In an interesting decision handed down recently, the Court of Appeal dismissed a father’s appeal brought against a first instance judgment dismissing his application for the return of his child to the USA from Hong Kong. The application for return was brought under the Child…Read More

11Sep2020

Change is coming: Proposed Mandatory Data Breach Notice Requirements in Hong Kong

On 20 January 2020, the Constitutional and Mainland Affairs Bureau, in collaboration with the Privacy Commissioner of Hong Kong, provided its report on recommended changes to personal data privacy law in Hong Kong. In another in his series looking at the implications of the proposed…Read More

31Aug2020

Leave granted to foster parents to intervene in wardship proceedings to make arrangements to apply for adoption of ward

In ongoing public wardship proceedings in Hong Kong the High Court granted leave to the foster parents (“Mr and Mrs K”) of the ward (“G”) to intervene in the proceedings and to make arrangements for the adoption of G by them. The Court’s Reasons for…Read More

26Aug2020

Advancing Private Adjudication of financial disputes in matrimonial and family proceedings

The first Private Family Adjudication (‘PFA’) was held recently in Hong Kong. It reportedly ran smoothly and led to a swift decision. It prevented a significant delay in ancillary relief trial proceedings, which had been adjourned due to the impact of Covid-19 on the Courts….Read More

24Aug2020

Hong Kong Wage Subsidy Update 6 – Application process for 2nd tranche of Employment Support Scheme (ESS) to start on 31 August 2020 until 13 September 2020

The Hong Kong Government has announced that the application process for the second tranche of the ESS will commence on 31 August 2020 until 13 September 2020.  The second tranche of the ESS is expected to be disbursed within three to four weeks after submission…Read More

21Aug2020

Top Tips for Startups Seeking Legal Advice

Meeting lawyers can be intimidating. They seem to speak a different language. Sometimes, you’re none the wiser after the meeting. Then, the bill arrives. It doesn’t have to be that way. Forewarned is forearmed, and planning is everything. Tara Chan from the Corporate and Commercial…Read More

19Aug2020

Press release: Landmark Hong Kong Court of Appeal decision confirms protection for all employees

For media: Download a PDF copy of this press release at this link. In a watershed Court of Appeal decision serving to protect the rights of all Hong Kong employees, the Court has found that the employer GF Capital (Hong Kong) Ltd wrongfully withheld pay…Read More

14Aug2020

Hong Kong Government launches Visa-Free Entry for Arbitration Participants

Generally, anyone who does not have the right of abode or the right to land in Hong Kong requires a visa to work in Hong Kong.  In the past, this requirement applied to all participants in arbitral proceedings in Hong Kong including arbitrators, witnesses, counsel,…Read More

14Aug2020

Future Equity Agreements for Founders

Future Equity Agreements are succinct agreements that are relatively economical to enable startups to raise funds in a simple fashion when they require it.  Tara Chan from the Corporate and Commercial practice group of Tanner De Witt summarises and assesses future equity agreements for founders….Read More

07Aug2020

What Schrems II means for EU data transfers to Hong Kong

On 25 June 2013, Maximillian Schrems, an Austrian national, applied to the Data Protection Commissioner in Ireland to prohibit Facebook from transferring his personal data to the United States. Seven years later, that application has resulted in a judgement of the European Court of Justice…Read More

31Jul2020

Enforcement of Judgment or Order by way of Charging Order and recent decided cases

Introduction Where a creditor has obtained a judgment or order against a debtor, the creditor can enforce the judgment or order by imposing a charging order on the properties as set out in section 20A of the High Court Ordinance (Cap. 4) (“HCO”), which are:-…Read More