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Legal Updates
Can regulated ‘offenders’ treat a criminal conviction as a ‘spent conviction’?
Section 2 of the Rehabilitation of Offenders Ordinance Cap 297 (“ROO”) is a godsend for offenders convicted for the first time and sentenced to a fine of less than HK$10,000 or to imprisonment of 3 months or less. An offender is entitled to treat the…Read More
Who is a “child of the family”?
Who is a “child of the family”? LNL v HPYA [2016] 3 HKLRD 261 The main issue before the Court in this case was whether the child, CH, was a child of the family. The determination of this question was relevant to whether the husband…Read More
Good news for those employed in Hong Kong under English Law contracts
Many expatriate employees engaged to work in Hong Kong either generally or for specific periods, can often be employed under contracts expressly stated to be governed by the law of another jurisdiction. Where contracts are expressed to be governed by the law of England and…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
The “no consent” letter regime. Protecting victims of internet fraud by ‘freezing’ the propriety rights of bank account holders.
On occasions public interest demands that the propriety rights in bank accounts are fettered to prevent criminals from dissipating proceeds of crime to the detriment of the victims. Internet fraud is rife. To protect and recover money lost to fraud, victims can apply to a…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
How to make use of the Mental Health Ordinance when a relative becomes incapable of managing their affairs
This article explains how to deal with a family member whose mental capacity declines and you need to gain control of their financial and legal affairs without an Enduring Power of Attorney. When a family member becomes mentally ill it is important to ensure that…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
Guilty plea discounts in sentencing guidelines for Hong Kong
In the appeal case of HKSAR v Ngo Van Nam CACC 418/2014, the Court of Appeal set down new guidelines for determining the amount of discount in sentence to be given to a defendant for a guilty plea. Prior to this decision a defendant received…Read More
