Legal Updates

07Nov2023

Don’t neglect your visa expiry date: the serious consequences of overstaying in Hong Kong

In this article, we discuss the consequences of overstaying your visa in Hong Kong. In a related article (An Overview of 3 Common Immigration Offences in Hong Kong – Overstaying, Making False Representation and Employment of Illegal Workers (tannerdewitt.com)), we discussed the law relating to…Read More

31Oct2023

Foreign plaintiffs must pay security for costs?  Not always.  

Tanner De Witt secures victory for a foreign plaintiff against defendant’s intended appeal to Court of Appeal, following defeating a claim for security for costs In the decision handed down by The Honourable Mr Justice Wilson Chan on 20 October 2023 in XY, LLC v…Read More

26Oct2023

Screened for Fairness: A Tale of Two Hong Kong Enforcement Decisions on Remote Hearings

The Hong Kong Court of First Instance (Court) recently decided due process issues arising from the fairness of remote hearings in not one, but two, judgments. In Sky Power Construction Engineering Ltd v Iraero Airlines JSC [2023] HKCFI 1558 (Sky Power), the respondent argued that…Read More

24Oct2023

VATP regulation in Hong Kong: The transitional arrangements

The regulation of virtual asset trading platforms (VATP) was introduced in Hong Kong at a time when a number of these trading platforms were already operating in Hong Kong. The Securities and Futures Commission (SFC) has helpfully outlined a roadmap to facilitate those businesses, or…Read More

03Oct2023

PCPD joins international efforts to scrap scraping

In this legal update, we report that the Privacy Commissioner for Personal Data in Hong Kong (“PCPD”) has joined with eleven other privacy authorities across the globe to issue a joint statement on 24 August 2023 calling for awareness and action from social media platforms…Read More

25Sep2023

Bankruptcy overturned – can I have my money back please?

Where a bankruptcy order is set aside after a successful appeal by the debtor, who should be liable for the fees and expenses of the trustees in bankruptcy (whether the Official Receiver (as provisional trustee) or trustees appointed by the creditors)? Should such fees and…Read More

20Sep2023

Hong Kong Court Upholds a Jurisdictional Challenge to an Arbitral Award Based on Newly Introduced Evidence of Market Manipulation

In an important recent decision, the Hong Kong Court of First Instance upheld a jurisdictional challenge to an arbitral award in R v A, B and C [2023] HKCFI 2034. The jurisdictional issues concerned a third party (“Ma”) who sought to replace the claimant (“Rise”)…Read More

11Sep2023

Notice-ably Wrong: The Importance of Proper Notice in Arbitration Proceedings

What difference can a “t” make? Apparently, a lot. In a Hong Kong Arbitration Society arbitration, the Claimant served its Notice of Arbitration (NoA) on the Respondent using [email protected] instead of [email protected] (the Respondent’s email for service under the relevant contract).  That difference was sufficient…Read More

05Sep2023

Court of Final Appeal: Government must provide alternative means of recognising same-sex partnership

On 5 September 2023, the Court of Final Appeal in Sham Tsz Kit v Secretary for Justice [2023] HKCFA 28 ruled that the absence of alternative means of legal recognition of same-sex relationships in Hong Kong amounts to a violation of the constitutional right to…Read More

29Aug2023

The importance of proof of the genuine reasons for dismissal in defending discrimination claims

The District Court has recently handed down a judgment against a logistics company (“Respondent”), for refusing to pay a former pregnant employee (“Claimant”) her year-end bonus and for not renewing her employment contract after she had informed the Respondent about her pregnancy.  Background The Claimant…Read More

23Aug2023

Stay of Play: Winding-Up v. Arbitration (Again)

The recent Hong Kong Court of First Instance decision of Re Shandong Chenming Paper Holdings Limited marks another intersection between the public domain of insolvency and the private realm of arbitration.  In this and previous decisions, the Hong Kong courts have grappled with the issue…Read More

14Aug2023

Will the Real Bondholder Please Stand Up? Unravelling the Locus Standi of Global Note Investors in Winding-Up Petitions

Introduction In a landmark decision issued in July, Re Leading Holdings Group Limited [2023] HKCFI 1770, the Hong Kong Courts addressed, for the first time, the right of an investor of a global note to present a winding-up petition as a contingent creditor. The Case…Read More