Legal Updates

18May2023

Hong Kong Court Awards Indemnity Costs to Employer in Discrimination Proceedings 

Introduction  We previously published two articles “Can and will an employee claiming discrimination be liable for legal costs if they lose?” and “Important points for making discrimination claims highlighted in a recent District Court case by a former student against a local university” which discuss…Read More

15May2023

A relief to victims of fraud: Hong Kong Court of Appeal restores the “Letter of No Consent” regime

On 14 April 2023, the Hong Kong Court of Appeal delivered its decision in Tam Sze Leung & Ors v Commissioner of Police [2023] HKCA 537, overturning the Court of First Instance’s decision which had held that the Letter of No Consent (“LNC”) regime –…Read More

04May2023

Legal update: The Hong Kong Court of First Instance confirms penalty rule in an employment contract following decision in Law Ting Pong Secondary School v. Chen Wai Wah [2021] CA 873

Introduction  Many employers may want to bind an employee for a certain period of time, by including a clause in employment contacts that requires the employee to pay wages for the balance of the fixed term should they terminate employment before the fixed term ends. …Read More

12Apr2023

Can and will an employee claiming discrimination be liable for legal costs if they lose?

Discover why the normal rule of paying costs in litigation doesn’t apply to discrimination claims.

29Mar2023

School accidents and bullying: Can a school be sued because a student is injured?

Students spend a big part of the day at school.  Parents need to ensure that the learning environment of their children is safe. However, accidents happen from time to time at school. A few examples of the common causes of student injury at school are…Read More

24Mar2023

Proposal to amend Race Discrimination Ordinance to outlaw “intra-racial discrimination” and address discrimination and harassment relating to people from Mainland China

Earlier this week, the Equal Opportunities Commission (the “EOC”) in its update to the Legislative Council (“LegCo”) had reiterated its plan to:- “… tackle discrimination, harassment and vilification between people from Hong Kong and those from the Mainland through legislation …” Currently, the Race Discrimination…Read More

10Mar2023

Legal Update – HKMA Consultation Conclusions on Crypto-assets and Stablecoins

On 31 January 2023, the Hong Kong Monetary Authority (the “HKMA”) issued the consultation conclusions to its discussion paper published on 12 January 2022 (the “Consultation Conclusions”). The Consultation Conclusions provide critical insights into the shape of the HKMA plans for stablecoin regulation in Hong…Read More

07Mar2023

Legal update: Potential changes to the Personal Data (Privacy) Ordinance

In this snapshot legal update, we report that on 20 February 2023, the Privacy Commissioner for Personal Data (“PCPD”) reported plans to put forward amendments to the Personal Data (Privacy) Ordinance (“PDPO”) in 2023. The PCPD’s target is to present concrete proposed amendments and consult…Read More

14Feb2023

Tanner De Witt host John Terenzini, founder of the Hong Kong Jellyfish Project

On Friday evening, 10 February, we had the pleasure of hosting the Royal Geographical Society‘s presentation on “A Fascination with Jellyfish: The World’s Ancient Survivors” by John Terenzini of the Hong Kong Jellyfish Project.  Several jellies drifted into the Tanner De Witt offices (via PowerPoint) on…Read More

14Feb2023

Is a pre-nuptial agreement an act of love? 

We have clients who come to us seeking advice on the process and substance of a pre-nup. Often they haven’t discussed this in any real detail save perhaps they have some pre-marital wealth they wish to ring-fence or a desire to keep extended family wealth…Read More

13Feb2023

Children Mental Health Awareness Week – Let’s Connect: Steps to minimise the impact of separation and divorce on a child

The past week was Children’s Mental Health Week in the UK with the theme of “Let’s Connect”. I was fortunate to attend a school event designed to bring this to the attention of parents and was interested to hear from an esteemed panel of Hong…Read More

13Feb2023

“No-Fault Divorce” in England: should Hong Kong follow suit?

2022 was a big year for divorce law in England & Wales. With the introduction of the Divorce, Dissolution and Separation Act 2020 coming into force on 6 April 2022, anyone seeking to petition for divorce or dissolution of marriage no longer has to apportion…Read More