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Legal Updates
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
Legal update: Chinese domain names
Has this happened to you? Someone calls and says he is the local affiliate of an accredited Chinese domain name registration agency. He tells you he noticed someone trying to register your company’s name as a ‘.com.cn’ and/or ‘.cn’ domain name with CNNIC (China Internet…Read More
Legal update: Aircraft Liens – The Oasis Judgment
The word “lien” can be described in layman’s terms as a right, often arising by operation of law rather than under contract, to retain the property of another party until that other party pays his debts. The word also enjoys a second, rather more obscure,…Read More
Legal update: Adverse Costs Consequences in Discrimination Claims
The recent decision of Chan Wai Ho v Civil Service Bureau shows an increasing and important trend in the court’s approach to ordering costs against unsuccessful parties in discrimination cases. Facts of the Case The above case of Chan Wai Ho v Civil Service Bureau…Read More
Legal update: Visa requirements for US citizens taking evidence in Hong Kong
Hong Kong residents are sometimes asked to provide witness statements or depositions for use in the United States and attorneys from the United States may travel to Hong Kong to take such statements or depositions for use in proceedings in the United States. Generally, a…Read More
Legal update: Can an employee continuing to work amount to acceptance of a unilateral variation of terms in an employment contract?
When an employee simply continues to work after an employer’s unilateral change in terms and conditions of an employment contract, can this constitute acceptance? We examine the case of Wess v Science Museum Group. Background The employee was initially employed on “Civil Service” terms until…Read More
Legal update: The Changing Nature of the Insolvency and Restructuring landscape in the PRC
We would like to thank the international restructuring and insolvency professionals who participated in Friday’s symposium co-hosted by the Richardson School of Law, University of Hawai‘i and Hong Kong’s Turnaround Management Association. The conference, titled Unlocking Value in the PRC: The Changing Nature of Restructurings…Read More
Legal update: Hong Kong Working Holiday Visa Scheme extended to British Nationals
Hong Kong law firm Tanner De Witt outlines the criteria and conditions of the Working Holiday Visa Scheme which is now open to British Nationals. The Hong Kong Working Holiday Visa Scheme allows national passport holders of participating countries to take up short-term employment or to…Read More
