Legal Updates

17Feb2021

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

16Feb2021

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

10Feb2021

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

05Feb2021

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

04Feb2021

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

02Feb2021

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

29Jan2021

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

28Jan2021

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

22Jan2021

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

22Jan2021

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

18Jan2021

Legal update: SFC fines company secretary for insider dealing

According to a recent press release issued by the Securities and Futures Commission (the “SFC”) on 11 January 2021, Mr. Chow Chiu Chi, the company secretary of China Automation Group Limited (“China Automation”), a company listed on the Main Board of The Stock Exchange of…Read More

15Jan2021

Data Breach Response: The first 24 hours

A data breach can be a crisis, but if you have a plan for the first 24 hour response, you can avoid making a drama out of a crisis. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt…Read More