Legal Updates

30Jul2018

Legal update: Magistrate acquitted a broker of illegal short selling on re-trial

Case background Mr Wong Hung who was licensed to carry on Type 1 regulated activity (dealing in securities) under the Securities and Futures Ordinance (Cap. 571) (“SFO”) was charged by way of summons on 20 counts of illegal short selling. The Securities and Futures Commission…Read More

24Jul2018

Legal update: District Court and Small Claims Tribunal maximum claim values increased

Following a consultation launched by the Judiciary in August 2015, the Legislative Council passed a resolution on 27 June 2018 approving the proposed increases to the jurisdiction of the District Court and Small Claims Tribunal.  The changes are slated to take effect from 3 December…Read More

06Jun2018

Legal update: Ten myths about token sale regulation in Hong Kong

No part of the tech universe has a greater abundance of myths than the crypto space, and no part of the crypto space has a deeper black hole of urban legends than the weird and wonderful world of token sales. Here are some of the…Read More

24May2018

Legal update: Court of Final Appeal’s answers on the issue of establishing a defence to indecent assaults on underage victims

In October 2017, we wrote about the magistracy appeal decision of香港特別行政區訴蔡偉麟 (HKSAR v Choi Wai Lun) (unreported HCMA 620/2016, 31 July 2017): Is a genuine belief that an underage victim is over 16 a defence to an indecent assault? On 9 May 2018, the Court of…Read More

03May2018

What founders need to know about Employee Share Option Plans

ESOPs can be a case of damned if you do, damned if you don’t. Founders need an ESOP to build out and retain its team as the business grows. But dilution will often only affect the founders. That can feel like a turkey voting for…Read More

14Mar2018

Legal update: Terms and Conditions: the importance of the fine print

If you are a business owner or operator, underestimating or simply ignoring the importance of the fine print is a common mistake.  Irrespective of whether you operate a start-up or a long-established business, you should have in place some terms and conditions that are appropriate…Read More

06Mar2018

Know your rights: is a warrant needed before the Police can search seized mobile phones?

Case facts Mr Sham Wing Kan, a participant in the 1 July 2014 procession, was arrested by police for suspected offence of obstructing a police officer in execution of his duty by idling the vehicle during the procession. He was searched by the police and…Read More

20Feb2018

Legal update: amendment to Employment Ordinance provisions relating to Employment Agencies

Effective from February 9 2018, the provisions in the Employment Ordinance relating to Employment Agencies (EAs) have been amended to: increase the maximum penalty for the offences of overcharging commission from job-seekers and the unlicensed operation of EAs up to a fine of HK$350,000 and…Read More

12Feb2018

Legal update: amendment to existing sale of alcohol legislation is passed

Following an amendment to the law in respect of sale of alcohol to minors that was recently passed, it will become later this year a criminal offense to sell alcoholic beverages to minors with a maximum fine of HK$50,000. This change to the law will…Read More

06Feb2018

Legal update: Changing trends in cyber fraud

As another year passes, the number and complexity of cyber frauds continues to grow. In this article we discuss three developments of 2017, which we expect to see continue this year. Traditionally, email hacking identity theft fraud was easy to detect. In an all too…Read More

24Jan2018

Legal update: SFC bans former Investment Counsellor for taking confidential client lists

The Securities and Futures Commission (“SFC”) announced on 22 January 2018 that under section 196(1)(iii) of the Securities and Futures Ordinance (“SFO”) it has banned former DBS Bank employee Mr Chan Wai-Nun from re-entering the industry for a period of 6 months, on the grounds…Read More

23Jan2018

Legal update: Ex-lover jailed for posting explicit video in revenge of breakup

In a recent District Court case (HKSAR v Wong Ngai Sang), a 23-year-old male was sentenced to 20 months’ imprisonment for posting secretly filmed sexual footage of himself and his ex-lover onto the internet. The defendant and the victim, Miss X, met at work and…Read More