Legal Updates

06Mar2020

Recognition of Paternity in Hong Kong

Under Hong Kong family law, a man is presumed to be the biological father of a child if he is married to the woman who gave birth to the child. As this circumstance accounts only for some of the circumstances of the birth of a…Read More

04Mar2020

Hong Kong’s High Court rules Government’s discrimination against same-sex couples in public housing policy unconstitutional

In a decision handed down today the High Court has ruled that the Hong Kong Housing Authority (“HA”)’s exclusion of same-sex couples from eligibility for public housing as “Ordinary Families” is unlawful and unconstitutional. Background Applications to the HA for public housing are available to…Read More

24Feb2020

When Can The Public Register Of A Company Be Corrected?

What can be done if the public register of a company with the Companies Registry in Hong Kong is incorrect? Carol Ling from the Corporate Commercial practice group of Tanner De Witt reviews some of the guiding principles. This can be an important issue. What…Read More

20Feb2020

Considerations for parents when planning travel with children during the COVID-19 outbreak

Closure of schools and public spaces The Hong Kong Education Bureau has announced that all schools in Hong Kong are to remain closed until at least 16 March 2020 in consideration of the ongoing public health concerns related to the outbreak of the novel coronavirus…Read More

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

06Feb2020

The Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance

After the enactment of the Companies Ordinance (Cap. 622) on 3 March 2014, Hong Kong’s legislation regarding the winding up of Companies remained in the (newly named) Companies (Winding up and Miscellaneous Provisions) Ordinance (Cap. 32) (“CWUMPO”).  For some time, there had also been discussion…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

2023-03-07 UPDATE: Please see our overview of potential changes at: https://www.tannerdewitt.com/potential-changes-pdpo/ 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…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