Legal Updates

22Jan2024

Question: I am going through a separation or divorce. Can I travel with my children overseas? 

At the start of a New Year, parents may be looking to enjoy overseas travel with their children, especially during their long school holidays. It is important to plan ahead and seek agreement with your co-parent to prevent any travel disappointments, delays, or cancellation costs. As…Read More

10Jan2024

The regulatory framework for virtual asset-related activities in Hong Kong

As Hong Kong positions itself as a leading Web3 centre for Asia, there is increasing interest among licensed intermediaries in Hong Kong to add investment products with exposure to virtual assets to their client service offering. In this article, Pádraig Walsh and Shirley Kong from…Read More

09Jan2024

VATP regulation in Hong Kong: The VATP Guidelines

As part of its application for a virtual asset trading platform (VATP) licence in Hong Kong, the applicant must demonstrate full compliance with conditions and guidelines of the Securities and Futures Commission (SFC). This is required both to obtain the VATP licence, and then as…Read More

20Dec2023

The regulatory framework for security token offerings in Hong Kong

On 2 November 2023, the Securities and Futures Commission (SFC) published two circulars that outlined and updated regulatory framework for security token offerings in Hong Kong. In this article, Pádraig Walsh, who leads our Fintech practice group, summarises the key points of these circulars and…Read More

19Dec2023

Adoption of UBI

The use of Unique Business Identifier (“UBI”) has been widely adopted around the world as it allows governments and businesses to identify entities more easily and effectively, and enables exchange of data across government departments and businesses. Starting from 27 December 2023, the Hong Kong…Read More

14Dec2023

VATP Regulation in Hong Kong: The licence application requirements

A business that operates a centralised virtual asset trading platforms (VATP) in Hong Kong, or actively markets the business to persons in Hong Kong, must obtain a licence from the Securities and Futures Commission (SFC) in Hong Kong. This is good news. There is a…Read More

30Nov2023

AI Impact Assessments: A practical guide for businesses

As AI becomes broadly integrated into enterprise applications and adopted by businesses, impact assessments before the adoption of AI driven technology will be essential – whether as a requirement of law or as prudent risk management and awareness. In this article, we highlight key principles…Read More

21Nov2023

Is a hand written signed will without witnesses valid?

Recently, I have been asked if we can obtain a grant of representation based on a will hand-written and executed by the testator but without the formal requirements of having two witnesses signing at the same time.  Incidentally, a decision in the recent case of…Read More

07Nov2023

Don’t neglect your visa expiry date: the serious consequences of overstaying in Hong Kong

In this article, we discuss the consequences of overstaying your visa in Hong Kong. In a related article (An Overview of 3 Common Immigration Offences in Hong Kong – Overstaying, Making False Representation and Employment of Illegal Workers (tannerdewitt.com)), we discussed the law relating to…Read More

31Oct2023

Foreign plaintiffs must pay security for costs?  Not always.  

Tanner De Witt secures victory for a foreign plaintiff against defendant’s intended appeal to Court of Appeal, following defeating a claim for security for costs In the decision handed down by The Honourable Mr Justice Wilson Chan on 20 October 2023 in XY, LLC v…Read More

26Oct2023

Screened for Fairness: A Tale of Two Hong Kong Enforcement Decisions on Remote Hearings

The Hong Kong Court of First Instance (Court) recently decided due process issues arising from the fairness of remote hearings in not one, but two, judgments. In Sky Power Construction Engineering Ltd v Iraero Airlines JSC [2023] HKCFI 1558 (Sky Power), the respondent argued that…Read More

24Oct2023

VATP regulation in Hong Kong: The transitional arrangements

The regulation of virtual asset trading platforms (VATP) was introduced in Hong Kong at a time when a number of these trading platforms were already operating in Hong Kong. The Securities and Futures Commission (SFC) has helpfully outlined a roadmap to facilitate those businesses, or…Read More