Legal Updates

13Oct2017

Legal update: Can a litigant in person be represented by an unqualified person?

Parties to legal proceedings in the Hong Kong Courts are entitled to represent themselves. When they do, they are referred to as Litigants in Person (LIP). The court also has inherent jurisdiction to permit a LIP to receive assistance from, or be represented by, an…Read More

12Oct2017

Legal update: SFC bans investment consultant for four months for taking client orders on an unrecorded mobile phone

The Securities and Futures Commission announced yesterday that Mr Xu Tao, a former investment consultant of China International Capital Corporation Hong Kong Securities Limited (CICC), has been banned from trading for four months. Mr Tao had used his mobile phone and WeChat messaging application to…Read More

09Oct2017

Legal update: Doing business in Hong Kong

This article was originally published in London Business Matters’ October 2017 issue. The Hong Kong Government encourages free enterprise. The formalities and requirements for establishing a business are simple and straightforward. Generally there are no regulations concerning a company’s minimum capital, the degree of local/overseas…Read More

07Oct2017

Legal update: The implications of Brexit for the Restructuring and Insolvency industry in Hong Kong

This article first appeared in the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL) collection on the implications of Brexit for the industry. Members may read the full collection of articles here. INTRODUCTION Although it is now more than 20 years since the Handover,…Read More

05Oct2017

Legal update: Court of Appeal allows same sex dependant visas

In a landmark decision handed down on 25 September 2017, the Court of Appeal held it unlawful to exclude couples in same sex marriages and civil partnerships from the dependant visa regime: QT v Director of Immigration, CACV 117 of 2016. The Court found that…Read More

28Sep2017

Legal update: Completion of newly announced e-courses by Responsible Officers and Representatives will earn Continuous Professional Training (CPT) hours

The Securities and Futures Commission (SFC) and Hong Kong Securities and Investment Institute (HKSI) have announced the launch of its online Advanced Learning Platform (ALP) today. The ALP will enable licensed Responsible Officers and licensed Representatives to learn relevant skills and techniques online at a…Read More

22Sep2017

First Hong Kong criminal conviction for actively marketing unlicensed regulated activities carried out overseas

Case background On 21 September 2017, the Securities and Futures Commission (“SFC”) issued a press release about its conviction against ETRADE Securities (Hong Kong) Limited (“ETrade HK”) for actively marketing to the Hong Kong public US brokerage services provided by E*TRADE Securities LLC (“ETrade US”)….Read More

14Sep2017

Legal update: Initial Coin Offerings Hit Regulatory Walls

The emergence of digital currencies and blockchain technology has now paved the way for various blockchain-based companies to raise billions of dollars by initial coin offerings (“ICOs”).  An ICO occurs when a company sells digital tokens or existing digital coins (such as bitcoin or ether)…Read More

13Sep2017

Identity theft in Hong Kong: what it is and how to avoid it

While the US remains the hub of cybercrime, China is a clear second, and identity theft is a very real issue in Hong Kong. Sam Agars looks into some of the most common scams and how best to avoid them. In an age where just…Read More

05Sep2017

Damages for “injury to feelings” in discrimination cases may be about to increase

In Hong Kong certain types of discrimination are unlawful including:- Sex, pregnancy and marital status discrimination Race discrimination Disability discrimination Family status discrimination In certain situations harassment, vilification and victimization linked to the above are also unlawful. One of the express statutory entitlements to compensation…Read More

30Aug2017

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

18Aug2017

The Hague Convention and child abduction cases in Hong Kong

Objectives of the Convention The Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) is given effect in Hong Kong by the Child Abduction and Custody Ordinance (Cap. 512) (“CACO”). The Convention, and more specifically in Hong Kong CACO, are being invoked…Read More