Legal Updates

12Feb2020

Legal update: MK v Government of HKSAR – High Court holds marriage does not extend to same sex couples

The Hong Kong courts have had much cause to consider equality rights in a number of cases in the past two years, particularly in respect of the recognition of same sex rights in Hong Kong. The Court of Final Appeal (CFA) has recently handed down…Read More

10Feb2020

Legal and Workplace Implications of Reported Cases of the Novel Coronavirus disease: COVID-19

Having experienced Severe Acute Respiratory Syndrome (SARS) in the years of 2002 and 2003 which resulted in 1755 cases and 299 deaths, the public health situation in Hong Kong is once again under threat by the novel coronavirus outbreak, COVID 19. There have already been…Read More

04Feb2020

Personal data: Do you know your identified persons from your identifiable persons?

The definition of personal data may be changed under current proposals to update privacy laws in Hong Kong. The current definition of personal data is directed to data of an identified living individual. This may be changed to that is relates to an identified or…Read More

26Jan2020

Change is coming: An update on proposed changes to the Personal Data (Privacy) Ordinance

Two major data breach incidents in 2018 involving Cathay Pacific and TransUnion are now driving long overdue legislative change to personal data privacy protection in Hong Kong. On 20 January 2020, the Constitutional and Mainland Affairs Bureau, in collaboration with the Privacy Commissioner of Hong…Read More

20Jan2020

When can directors refuse to register share transfers

The board of directors must approve the transfer of shares in a Hong Kong company. What if the board of directors refuses to approve? Can that decision be challenged? Pádraig Walsh from the Corporate Commercial practice group of Tanner De Witt reviews some of the…Read More

15Jan2020

Legal Update: Recent judgment revises guidance for amount of damages for injury to feelings in pregnancy discrimination case

The recent District Court decision of 秦秀清 v 長鴻鋁窗裝飾工程有限公司 (“Tsun”; DCEO3/2018) updated the starting point of the award of damages for injury to feelings in pregnancy discrimination cases and provided further guidance as to the factors which the Court may take into account in awarding…Read More

14Jan2020

Legal Update: Obtaining Validation Orders to pay restructuring costs

INTRODUCTION Tanner De Witt successfully assisted China Singyes Solar Technologies Holdings Limited (“Singyes”)[1] in obtaining a validation order that enabled Singyes to pay certain operation expenses and professional fees incurred for the purpose of a substantial restructuring exercise notwithstanding the existence of a winding up…Read More

10Jan2020

PE Firms and Family Offices on the SFC Radar: An Update on SFC Licensing in Hong Kong

The Securities and Futures Commission in Hong Kong (SFC) actively engaged with the private equity sector in 2019. The purpose was to highlight securities licensing requirements that affect private equity (PE) fund managers and family offices in Hong Kong. On 7 January 2020, the SFC…Read More

25Nov2019

The Domestic and Cohabitation Relationships Violence Ordinance and relief available to complainants of domestic violence in Hong Kong

Gender-based violence is one of the most pervasive human rights issues faced around the globe. 25 November marks the United Nations International Day for the Elimination of Violence Against Women seeks to raise awareness of the unique abuses girls and women face worldwide including rape,…Read More

18Nov2019

Legal update: Can an employer be liable for disability discrimination without knowing the disability suffered by an employee?

It is not uncommon for the personal health situation of an employee to adversely affect his or her work performance. When this happens, however, the underlying reason may not always be immediately apparent or known to the employer. Despite this, the employer may have taken…Read More

11Nov2019

Legal update: SFC clarifies obligations on licensed corporations using cloud-based storage for keeping records with “external electronic data storage providers”

Under section 130 of the Securities and Futures Ordinance (Cap 571) (SFO), a licensed corporation shall not, without the Securities and Futures Commission’s (SFC) prior written approval, use any premises for keeping records or documents relating to the carrying on of the regulated activity for…Read More

07Oct2019

Legal update: the Singapore Mediation Convention

The United Nations Convention on International Settlement Agreements was adopted by the UN General Assembly on 20 December 2018, and was signed by 46 States in Singapore on 7 August 2019. Unsurprisingly, the Convention is commonly referred to as the “Singapore Mediation Convention”. The purpose…Read More