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Legal Updates
Mainland Judgments (Reciprocal Enforcement) Ordinance
Background Previous situation Enforcement of foreign judgments in Hong Kong is ordinarily governed by the Foreign Judgments (Reciprocal Enforcement) Ordinance. Following the handover in 1997 however, China is no longer considered a foreign country by Hong Kong, therefore this ordinance is no longer applicable when…Read More
Legal update: SFC and CSRC signs Memorandum to Enhance Cooperation and Exchange of Information
The Securities and Futures Commission (“SFC”) has announced on 3 December 2018 that it has entered into a memorandum of understanding (“MoU”) with the China Securities Regulatory Commission (“CSRC”), regarding the cooperation and exchange of information in connection with the supervision and oversight of regulated…Read More
SFC reprimands and fines SFM HK Management Limited HK$1.5 million over illegal short selling
Case Background The Securities and Futures Commission announced on 6 December 2018 that it has reprimanded and fined SFM HK Management Limited (“SFM”) for HK$1.5 million for its naked short selling, contrary to section 170 of the Securities and Futures Ordinance (“SFO”). SFM is licensed…Read More
Legal update: New claim values for District Court and Small Claims Tribunal in effect
Increases to the maximum claim values in the jurisdiction of the District Court and Small Claims Tribunal came into effect on 3 December 2018, following a consultation launched by the Judiciary in August 2015 and a passing of the resolution by the Legislative Council on…Read More
Legal update: What’s the problem with “gweilo” and various local slangs applied to certain ethnicities?
A discrimination claim was recently lodged with the District Court in Hong Kong by a British construction worker, against his former employer, after his employment was terminated, alleging he was racially harassed and treated less favourably by his employer and his colleagues because of his…Read More
A summary of the new SFC regulatory framework for virtual assets
Executive summary Here are the five points you need to know about the changes announced on 01 November 2018 by the Securities and Futures Commission (SFC) to the regulatory framework for virtual assets: The SFC will supervise and regulate firms that distribute in Hong Kong…Read More
Legal update: Third Party Funding in Litigation, Doable?
Introduction Article 35 of the Basic Law provides that all Hong Kong residents shall have the right to access to the courts and choice of lawyers for timely protection of their lawful rights and interests. In some situations, if an intended litigant is unable to…Read More
Legal update: Who is entitled to organise a funeral?
When someone dies, who is entitled to claim the body and to organise the funeral？ This question was raised in the case of Re Estate of Lu Han Lung [2010] 3 HKLRD 651. In that case, the wife and eldest son of the deceased wanted…Read More
Legal update: UK Supreme Court held no discrimination by bakery shop not producing cake with “Support Gay Marriage” message
The recent judgment handed down by the UK Supreme Court in the case of Lee v Ashers Baking Company Ltd & Others [2018] UKSC 49 (“Lee”) provided some important guidance concerning direct discrimination and how other competing rights should be weighed. In Lee, Mr. Lee…Read More
Legal update: When do judges refer matters to prosecuting authorities and regulatory bodies for consideration of criminal behaviour or regulatory misconduct?
Introduction When judges learn of a possible crime or professional misconduct during the trial of a matter, they sometimes refer the factual issues to the Secretary for Justice (“SJ”) and/or regulatory bodies for further investigation. In most cases judges do not specify whether they are…Read More
Legal update: Same sex spouses to receive dependant visas after policy reversal by Immigration Department
In its judgment handed down on 4 July 2018 the Court of Final Appeal upheld the Court of Appeal’s decision that the Director of Immigration’s exclusion of same-sex married or otherwise formalised couples from the dependant visa policy was unlawful. Effective 19 September 2018, the…Read More
Can directors recover their legal fees from their own company?
Given the complexity of today’s corporate governance, the question of whether directors can be indemnified out of the assets of their company remains a complex issue. In a hectic world where decisions are made without the benefit of hindsight, directors can find themselves the subject…Read More
