Legal Updates

17May2017

Legal update: Government resubmits proposal for Labour Tribunal to order compulsory re-instatement or re-engagement of unlawfully dismissed employees

Employment Update (May 2017) On 5 May 2017 the Government published in the Gazette the Employment (Amendment) Bill 2017, which is to be introduced into the Legislative Council for first and second readings on 17 May 2017.   This resubmits, with minor amendments, the proposal set…Read More

03Apr2017

The “no consent” letter regime. Protecting victims of internet fraud by ‘freezing’ the propriety rights of bank account holders.

On occasions public interest demands that the propriety rights in bank accounts are fettered to prevent criminals from dissipating proceeds of crime to the detriment of the victims. Internet fraud is rife.  To protect and recover money lost to fraud, victims can apply to a…Read More

21Mar2017

Identity Theft: Breaking Barriers and Crossing International Borders

In the modern age, our ‘identity’ often materializes online in the form of social profiles, credit card information, and our overall digital footprint. Since our identity is spilling into the online realm, it is becoming an international problem, crossing oceans and borders. While much analysis…Read More

01Feb2017

How to make use of the Mental Health Ordinance when a relative becomes incapable of managing their affairs

This article explains how to deal with a family member whose mental capacity declines and you need to gain control of their financial and legal affairs without an Enduring Power of Attorney. When a family member becomes mentally ill it is important to ensure that…Read More

13Jan2017

Asialaw: Third-party funding in dispute resolution soon to be permitted in HK

Article from Karry Lai, Editor, Asialaw Like it or not, arbitration can be expensive. Third-party funding arrangements offer a possible solution. Hong Kong lags behind when it comes to this method of sharing or reducing the cost of contentious work, but the concept may gain…Read More

12Jan2017

Legal update: Manager In Charge Regime – ComplianceAsia

This is a Client Alert from ComplianceAsia. For employment and regulatory related legal enquiries please contact Russell Bennett. Introduction In January 2017, the SFC released a circular on clarifications to its current regime on senior management, expectations as to Board obligations of licensed firms and…Read More

01Nov2016

Police arrest procedures for breaches of Injunction Orders made against violent spouses and cohabitants under the Domestic and Cohabitation Relationships Violence Ordinance Cap 189

Introduction The Hong Kong Police Force recently reviewed procedures for the handling of cases involving breach of an Injunction Order with an authorisation of arrest attached made under the Domestic and Cohabitation Relationships Violence Ordinance (Cap 189) (“DCRVO”). Injunction order Section 3 of the DCRVO…Read More

18Oct2016

Guilty plea discounts in sentencing guidelines for Hong Kong

In the appeal case of HKSAR v Ngo Van Nam CACC 418/2014, the Court of Appeal set down new guidelines for determining the amount of discount in sentence to be given to a defendant for a guilty plea.  Prior to this decision a defendant received…Read More

07Sep2016

Legal update: An introduction to Parental Alienation

Introduction Parental alienation refers to alignment of a child with one parent whilst rejecting a relationship with the other “without legitimate justification”1. This often results from the continued denigration of one parent by the other to the child / children of the family. In doing…Read More

02Sep2016

Legal update: Stored Value Facilities: Are you ready for the 13 November 2016 deadline?

With the rapid development and growth of non-traditional and digital payment and settlement facilities in recent years, a new regulatory regime was needed in Hong Kong to protect users of stored value facilities (“SVFs”).  In particular, regulators wanted to ensure that issuers and operators of…Read More

23Aug2016

An introduction to company mergers in Hong Kong

Introduction Generally speaking from a corporate law perspective a merger or amalgamation is a legal process under which the assets and liabilities of two or more companies merge and are brought under one of the original companies or a newly incorporated company (as the case…Read More

17Aug2016

An introduction to the legal aspects of illegal betting

International and domestic crackdown on illegal gambling on the Euro 2016 Championship and the Copa d’America football competitions reached headlines that summer. In late July 2016 Hong Kong Police announced that HK$586 million was seized and 103 arrests were made during the European Championship from…Read More