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Legal Updates
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
Legal update: MPF Offset Mechanism
Under the current offset mechanism, an employer who is liable to pay an employee statutory severance pay (“SP”) or long service pay (“LSP”) is allowed to offset against the SP or LSP due to an employee, the accrued value of benefits derived from: the employer’s…Read More
Fees for Data Access Requests for Medical Records
In Hong Kong, the collection, handling, storage and processing of sensitive personal data–including medical records–of individuals (referred to as “data subjects”) is restricted and controlled by the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong). Under section 28 of the Personal…Read More
Legal update: Proposed Amendments to Hong Kong’s Anti-Money Laundering and Counter-Terrorist Financing Regulations
The Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) (Amendment) Bill 2017 (“the Bill”) was introduced into the Legislative Council (“LegCo”) on 28 June 2017. The Bill seeks to make enforceable against designated non-financial businesses and professions (including solicitors, foreign lawyers, accountants, estate agents and trust…Read More
Reasons for a shareholders’ agreement
Where a company has more than one shareholder, it is recommended that the shareholders enter into a written shareholders’ agreement to manage their expectations and to provide for when any disagreements may arise between the parties to the shareholders’ agreement. It is also common for…Read More
Legal update: third party funding of arbitration
Background Traditionally litigation funding has been illegal in common law jurisdictions. There were concerns that such funding could result in subornation, threaten the impartiality and integrity of judicial procedure and lead to a culture of excessive litigation. However restrictions on maintenance and champerty prevent legitimate…Read More
Legal update: Is your will your will?
Ilott v Mitson [2017] UKSC 17 – update Background This case was previously featured in a post entitled “Is your will your will?“. The case concerned the Will left by a Mrs. Jackson after her death in June 2004. Mrs. Jackson was survived by her only…Read More
Court confirms tort of harassment in Hong Kong
In 2013, the case of Lau Tat Wai v Yip Lai Kuen Joey established the tort of harassment as a part of the common law in Hong Kong, in order to (quoting the Judge) “protect the people of Hong Kong who live in a small…Read More
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
