Legal Updates

08Nov2018

A summary of the new SFC regulatory framework for virtual assets

Executive summary Here are the five points you need to know about the changes announced on 01 November 2018 by the Securities and Futures Commission (SFC) to the regulatory framework for virtual assets: The SFC will supervise and regulate firms that distribute in Hong Kong…Read More

05Nov2018

Legal update: Third Party Funding in Litigation, Doable?

Introduction Article 35 of the Basic Law provides that all Hong Kong residents shall have the right to access to the courts and choice of lawyers for timely protection of their lawful rights and interests. In some situations, if an intended litigant is unable to…Read More

30Oct2018

Legal update: Who is entitled to organise a funeral?

When someone dies, who is entitled to claim the body and to organise the funeral? This question was raised in the case of Re Estate of Lu Han Lung [2010] 3 HKLRD 651. In that case, the wife and eldest son of the deceased wanted…Read More

25Oct2018

Legal update: UK Supreme Court held no discrimination by bakery shop not producing cake with “Support Gay Marriage” message

The recent judgment handed down by the UK Supreme Court in the case of Lee v Ashers Baking Company Ltd & Others [2018] UKSC 49 (“Lee”) provided some important guidance concerning direct discrimination and how other competing rights should be weighed. In Lee, Mr. Lee…Read More

10Oct2018

Legal update: When do judges refer matters to prosecuting authorities and regulatory bodies for consideration of criminal behaviour or regulatory misconduct?

Introduction When judges learn of a possible crime or professional misconduct during the trial of a matter, they sometimes refer the factual issues to the Secretary for Justice (“SJ”) and/or regulatory bodies for further investigation. In most cases judges do not specify whether they are…Read More

20Sep2018

Legal update: Same sex spouses to receive dependant visas after policy reversal by Immigration Department

In its judgment handed down on 4 July 2018 the Court of Final Appeal upheld the Court of Appeal’s decision that the Director of Immigration’s exclusion of same-sex married or otherwise formalised couples from the dependant visa policy was unlawful. Effective 19 September 2018, the…Read More

07Sep2018

Can directors recover their legal fees from their own company?

Given the complexity of today’s corporate governance, the question of whether directors can be indemnified out of the assets of their company remains a complex issue. In a hectic world where decisions are made without the benefit of hindsight, directors can find themselves the subject…Read More

06Sep2018

Expats and divorce in Hong Kong

Where to Divorce: Home or Hong Kong? Some families arrive in Hong Kong from overseas and enjoy the adventure of being in a new place, throwing themselves into new activities and meeting new friends.  Others arrive and the changes they face crack what is already…Read More

29Aug2018

Popping the question and sealing the deal: nuptial agreements since SPH

The Court of Final Appeal endorsed nuptial agreements in Hong Kong, in SPH v SA (2014) 17 HKCFAR 364, [2014] HKCFA 56. “Full weight” should now be given to a pre or post nuptial agreement, provided that it was not vitiated in some way, provided…Read More

28Aug2018

Legal update: Home alone in Hong Kong

At what age can children stay at home without parental supervision? In Hong Kong there is no clear-cut rule identifying the age at which a minor child can remain in the home unsupervised. Asia Times reported in January 2018 that a mother was arrested after…Read More

22Aug2018

Legal update: The New Open-Ended Fund Company Regime in Hong Kong

Introduction On 30 July 2018, the new Open-Ended Fund Company (“OFC”) regime came into operation which introduced the OFC as a new form of corporate vehicle in Hong Kong. The legal framework of this new OFC regime consists of the three main pieces of legislation:…Read More

16Aug2018

New Arrangement for Application for Leave to Appeal in the Family Court

The Court of Appeal has made several suggestions to improve the processing time of filed appeals in the Family Court. This has resulted in the adoption of the New Arrangement for Application for Leave to Appeal in the Family Court (“NAAL”), which is summarised below:…Read More