Legal Updates

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

15Aug2017

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

02Aug2017

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

13Jul2017

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

04Jul2017

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

03Jul2017

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

15Jun2017

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