Legal Updates

01Mar2022

Legal Update: Proposed amendments to abolish MPF offsetting arrangement relating to statutory severance and long service payments

On 11 February 2022, the Government of the HKSAR published the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill 2022 (the “Amendment Bill”) in the Gazette. The Amendment Bill was given the First Reading at the Legislative Council on 23 February 2022.  Currently, employers…Read More

25Feb2022

Recent District Court decision on whether ‘gweilo’ remark discriminatory

Introduction More than three years ago, we published an article on this site in respect of a District Court claim lodged by a British construction professional (the “Employee”) who alleged that his former employer (the “Employer”) had discriminated against him on the ground of his…Read More

Uncategorized
15Feb2022

Important points for making discrimination claims highlighted in a recent District Court case by a former student against a local university

The background The Claimant in the case of C v The Chinese University of Hong Kong [2022] HKDC 77 is a former postgraduate student in the Chinese University (the “University”) who was suffering from depression and generalized anxiety disorder during her studies. The Claimant’s studies…Read More

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02Dec2021

Legal update: Abolition of fraud exception to summary judgments in Hong Kong

Introduction Notwithstanding heightened awareness of cyber-fraud, it is still common for individuals to be duped by fraudsters into remitting money to bank accounts in Hong Kong (and elsewhere of course) with the funds then being further dissipated by the fraudsters to put them beyond the…Read More

28Oct2021

Legal Update: The High Court confirms and restates the employer’s right to terminate under contractual provisions, and the limited effect on that right of the implied duty of trust and confidence in employment contracts

The Duty The implied duty of mutual trust and confidence (the “Duty”) was first recognised in the UK case of Malik v BCCI [1998] AC 20 and was later adopted by the Hong Kong Courts in Evelyn Semana Bachicha v Poon Shiu Man Henry (CACV…Read More

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22Oct2021

Legal update: Hong Kong High Court upholds a six-month non-compete clause

The Hong Kong High Court has recently upheld and enforced a six-month non-compete clause in BFAM Partners (Hong Kong) Limited v Gareth John Mills and Segantii Capital Management Limited [2021] HKCFI 2904, granting an injunction in favour of the applicant former employer, BFAM. Background BFAM, a company…Read More

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08Sep2021

Injunction to restrain the presentation of a winding-up petition

Introduction Rather unfortunately, there are no statutory provisions available to a company to set aside a statutory demand. If a company is served with a statutory demand and disputes the alleged debt, save for agreeing with the alleged creditor not to present a winding-up petition,…Read More

03Aug2021

Legal Update – Anti-Money Laundering and Counter-Terrorist Financing Review Tribunal and Competence Assessment for Money Service Operators

The Anti-Money Laundering and Counter-Terrorist Financing Ordinance, Chapter 615 of the laws of Hong Kong, (“AMLO”) (formerly known as Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance) came into effect on April 1 2012.  It aims to enhance the anti-money laundering (“AML”) and counter-financing of…Read More

13Jul2021

Data Breach Response: The Continuous Improvement Cycle

Ever tried? Ever failed? No matter. Try again. Fail again. Fail better. So said Samuel Beckett. And quite pertinent in the context of data breaches. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt explains that, in a…Read More

08Jul2021

Legal update: Statutory holidays to be increased from 12 days to 17 days over the next 9 years

The Hong Kong Legislative Council has passed the Employment (Amendment) Bill 2021 with its third reading given on 7 July 2021.  Starting from 1 January 2022, 5 days will be added to the list of statutory holidays progressively with one day added every 2 years. …Read More