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Legal Updates
Legal update: Reciprocal Enforcement of Arbitral Awards between Hong Kong and Mainland China
Pre-1997 Pre-1997, the mutual enforcement of arbitral awards between the Mainland and Hong Kong was carried out by way of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The convention ceased to apply once Hong Kong became a Special Administrative…Read More
Inland Revenue Department confirms same sex marriages recognised as valid for stamp duty purposes
Following enquiries from its members the Law Society on 10 March 2020 received confirmation from the Inland Revenue Department (“IRD”) that same sex marriages will be recognised by the IRD as valid marriages for the purposes of the Stamp Duty Ordinance (Cap. 117). Same sex…Read More
Why the Privacy Commissioner in Hong Kong will soon have fining powers
The Information Commissioner’s Office (ICO) in the UK has fined Cathay Pacific GBP£500,000 for failing to protect the security of its customers’ personal data. Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt reviews. The data breach The data breach was…Read More
Should I get a divorce? The legal and financial implications behind remaining married but separated
Making the decision to divorce is often not an easy one. There are many reasons why married couples may opt to separate rather than progress legal proceedings to divorce. Whether it is for religious reasons, a desire to maintain the status quo and a family…Read More
Recognition of Paternity in Hong Kong
Under Hong Kong family law, a man is presumed to be the biological father of a child if he is married to the woman who gave birth to the child. As this circumstance accounts only for some of the circumstances of the birth of a…Read More
Hong Kong’s High Court rules Government’s discrimination against same-sex couples in public housing policy unconstitutional
In a decision handed down today the High Court has ruled that the Hong Kong Housing Authority (“HA”)’s exclusion of same-sex couples from eligibility for public housing as “Ordinary Families” is unlawful and unconstitutional. Background Applications to the HA for public housing are available to…Read More
When Can The Public Register Of A Company Be Corrected?
What can be done if the public register of a company with the Companies Registry in Hong Kong is incorrect? Carol Ling from the Corporate Commercial practice group of Tanner De Witt reviews some of the guiding principles. This can be an important issue. What…Read More
Considerations for parents when planning travel with children during the COVID-19 outbreak
Closure of schools and public spaces The Hong Kong Education Bureau has announced that all schools in Hong Kong are to remain closed until at least 16 March 2020 in consideration of the ongoing public health concerns related to the outbreak of the novel coronavirus…Read More
Legal update: MK v Government of HKSAR – High Court holds marriage does not extend to same sex couples
The Hong Kong courts have had much cause to consider equality rights in a number of cases in the past two years, particularly in respect of the recognition of same sex rights in Hong Kong. The Court of Final Appeal (CFA) has recently handed down…Read More
Legal and Workplace Implications of Reported Cases of the Novel Coronavirus disease: COVID-19
Having experienced Severe Acute Respiratory Syndrome (SARS) in the years of 2002 and 2003 which resulted in 1755 cases and 299 deaths, the public health situation in Hong Kong is once again under threat by the novel coronavirus outbreak, COVID 19. There have already been…Read More
The Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance
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
Personal data: Do you know your identified persons from your identifiable persons?
The definition of personal data may be changed under current proposals to update privacy laws in Hong Kong. The current definition of personal data is directed to data of an identified living individual. This may be changed to that is relates to an identified or…Read More
