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Legal Updates
The Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance – A weak attempt to modernize Hong Kong’s Winding Up Regime
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
Legal update: MPF Offset Mechanism
Under the current offset mechanism, an employer who is liable to pay an employee statutory severance pay (“SP”) or long service pay (“LSP”) is allowed to offset against the SP or LSP due to an employee, the accrued value of benefits derived from: the employer’s…Read More
Legal update: Proposed Amendments to Hong Kong’s Anti-Money Laundering and Counter-Terrorist Financing Regulations
The Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) (Amendment) Bill 2017 (“the Bill”) was introduced into the Legislative Council (“LegCo”) on 28 June 2017. The Bill seeks to make enforceable against designated non-financial businesses and professions (including solicitors, foreign lawyers, accountants, estate agents and trust…Read More
Legal update: third party funding of arbitration
Background Traditionally litigation funding has been illegal in common law jurisdictions. There were concerns that such funding could result in subornation, threaten the impartiality and integrity of judicial procedure and lead to a culture of excessive litigation. However restrictions on maintenance and champerty prevent legitimate…Read More
Legal update: Is your will your will?
Ilott v Mitson [2017] UKSC 17 – update Background This case was previously featured in a post entitled “Is your will your will?“. The case concerned the Will left by a Mrs. Jackson after her death in June 2004. Mrs. Jackson was survived by her only…Read More
Legal update: increase of Statutory Minimum Wage effective 1 May 2017
Employment Update (May 2017) Increase of Statutory Minimum Wage Effective from 1 May 2017, the rate of Statutory Minimum Wage has been raised to HK$34.50 per hour. The monetary cap on the requirement of employers recording the total number of hours worked by employees has…Read More
Legal update: Government resubmits proposal for Labour Tribunal to order compulsory re-instatement or re-engagement of unlawfully dismissed employees
Employment Update (May 2017) On 5 May 2017 the Government published in the Gazette the Employment (Amendment) Bill 2017, which is to be introduced into the Legislative Council for first and second readings on 17 May 2017. This resubmits, with minor amendments, the proposal set…Read More
Identity Theft: Breaking Barriers and Crossing International Borders
In the modern age, our ‘identity’ often materializes online in the form of social profiles, credit card information, and our overall digital footprint. Since our identity is spilling into the online realm, it is becoming an international problem, crossing oceans and borders. While much analysis…Read More
Asialaw: Third-party funding in dispute resolution soon to be permitted in HK
Article from Karry Lai, Editor, Asialaw Like it or not, arbitration can be expensive. Third-party funding arrangements offer a possible solution. Hong Kong lags behind when it comes to this method of sharing or reducing the cost of contentious work, but the concept may gain…Read More
Legal update: Manager In Charge Regime – ComplianceAsia
This is a Client Alert from ComplianceAsia. For employment and regulatory related legal enquiries please contact Russell Bennett. Introduction In January 2017, the SFC released a circular on clarifications to its current regime on senior management, expectations as to Board obligations of licensed firms and…Read More
Police arrest procedures for breaches of Injunction Orders made against violent spouses and cohabitants under the Domestic and Cohabitation Relationships Violence Ordinance Cap 189
Introduction The Hong Kong Police Force recently reviewed procedures for the handling of cases involving breach of an Injunction Order with an authorisation of arrest attached made under the Domestic and Cohabitation Relationships Violence Ordinance (Cap 189) (“DCRVO”). Injunction order Section 3 of the DCRVO…Read More
Legal update: An introduction to Parental Alienation
Introduction Parental alienation refers to alignment of a child with one parent whilst rejecting a relationship with the other “without legitimate justification”1. This often results from the continued denigration of one parent by the other to the child / children of the family. In doing…Read More
