Legal Updates

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

14Jun2017

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

09Jun2017

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

08Jun2017

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

02Jun2017

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

17May2017

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

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