Legal Updates

14May2020

Hong Kong Wage Subsidy Update 3 – HK Government releases further details on application process for Employment Support Scheme (ESS)

UPDATE 5: 12 June 2020 – Hong Kong Wage Subsidy Update 5 – Reminder: Deadline to apply for 1st tranche of Employment Support Scheme (ESS) closes on Sunday, 14 June 2020 at 23:59 HKT UPDATE 4: 19 May 2020 – Hong Kong Wage Subsidy Update…Read More

12May2020

Power of Chairman at General Meeting to Disallow a Member’s Vote

The general rule under the Companies Ordinance (Cap. 622)[1] subject to the provisions of a company’s articles is that every member present in person or by proxy is entitled to vote at a general meeting. This general rule was tested in the case of Kwok…Read More

08May2020

Mergers and Acquisition – Deposit at the MOU Stage

In the context of mergers and acquisitions, it is not uncommon for the intended seller to ask for a deposit or other amount to be paid under a memorandum of understanding (“MOU”).  The MOU, much of which is usually not binding, will also provide for…Read More

05May2020

Fortress or Sandcastle: Cybersecurity risks of working from home

COVID19 has led to more and more people working from home.  This trend will continue in the future.  Homes are not made of bricks and mortar in cybersecurity terms.  Cybercriminals are finding it easier to huff and puff, and blow these straw houses down.  Pádraig…Read More

24Apr2020

Covid-19: Can children be separated from parents during quarantines?

Government protocol to manage Covid-19 is to quarantine and hospitalise all positive Covid-19 cases and to isolate all close contacts.  For many parents, the fear of being separated from their children, or of their children facing the trauma of hospitalisation or quarantine on their own,…Read More

22Apr2020

Recent UK Supreme Court’s decisions touching on key elements of vicarious liability

Introduction Vicarious liability is a long-established legal principle which imposes liability on an employer for the wrongful act committed by its employee against another person during the course of the employee’s employment. The rationale of such legal principle aims at a fairer allocation of risk…Read More

21Apr2020

COVID-19: Managing Data Ethics in a Pandemic

In times of stress, you don’t rise to peak performance, you fall to the level of your training. There is a global pandemic. There is quite a lot of stress about. Governments and public institutions are looking for technology solutions to help. Is a balanced…Read More

21Apr2020

Can the novel coronavirus form a defence to international child abduction?

An interesting decision is now available in respect of a child removed by her mother from Spain, her place of habitual residence and the subsequent application by her father for her return brought under legislation incorporating the Convention on the Civil Aspects of International Child…Read More

20Apr2020

Hong Kong Wage Subsidy Update – Further details on Employment Support Scheme (ESS) provided in Finance Committee Discussion Paper

UPDATE 5: 12 June 2020 – Hong Kong Wage Subsidy Update 5 – Reminder: Deadline to apply for 1st tranche of Employment Support Scheme (ESS) closes on Sunday, 14 June 2020 at 23:59 HKT UPDATE 4: 19 May 2020 – Hong Kong Wage Subsidy Update…Read More

20Apr2020

Corporate Meetings During Social Distancing

Work-from-home arrangements. Restrictions on travel. No gatherings of four people or more. COVID-19 has changed how we work, live and socialise. The pandemic has also affected how companies conduct their corporate governance. We are now in financial reporting season when companies are convening board and…Read More

16Apr2020

Is COVID-19 an event of force majeure?

Does COVID-19 allow you to get out of your contract on the grounds of force majeure? We have been asked this question several times in recent weeks. COVID-19 has hurt many businesses and has stopped contract performance in its tracks in many instances. Does that…Read More

15Apr2020

Challenging Capital Reductions by Hong Kong Companies

Until recently, a Hong Kong incorporated company was allowed to reduce its share capital only with the approval of the court.  In 2014, the new Companies Ordinance (Cap. 622) introduced a new court-free procedure to allow a company to reduce its capital by passing a…Read More