Legal Updates

03Mar2021

Working Mothers: Maternity Rights under Hong Kong Law

New mothers have many things to worry about. Those who are working can also face additional problems in terms of maternity rights and difficulties when returning to work. The law provides several protections for working mothers in such situations. Maternity Rights Under Hong Kong Law…Read More

26Feb2021

Data Breach Response: The importance of cyber insurance

Ask an insurance broker, and they will tell you that an insurer needs claims in order to survive. Ask an InfoSec expert, and they will tell you a data breach is inevitable. This is why cyber insurance has come of age. In this article, Pádraig…Read More

25Feb2021

Arbitration partner Kevin Warburton gives his views on the Supplemental Arrangement in Asian Legal Business

Arbitration partner Kevin Warburton is featured in Asian Legal Business’ recent article Refinement and Clarity which discusses the Supplemental Arrangement Concerning the Mutual Enforcement of Arbitral Awards between China and Hong Kong. Kevin shares his thoughts on recognition and enforcement, removal of the restriction of…Read More

23Feb2021

I committed a trivial breach of quarantine, do I have to go to prison for it? – A case study on breaches of quarantine under the COVID-19 pandemic

COVID-19 struck Hong Kong in early 2020. More than a year later, it is still affecting the lives of many on multiple levels. As a way to control the spread of the virus, the Government of Hong Kong has enacted and updated legislation since March…Read More

19Feb2021

Data Breach Response: The role of the incident response team

There is no “i” in “team,” but there is I.T. in the incident response team to a data breach. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt looks at the key people involved in the incident response…Read More

17Feb2021

An update on cross-border insolvency cooperation in Hong Kong: recognising and assisting foreign insolvency practitioners

A crucial aspect of cross-border insolvency cooperation is the recognition of foreign proceedings and providing assistance to foreign office holders. A helpful explanation of the purpose of recognition was provided by Lord Hoffman in Cambridge Gas:“[t]he purpose of recognition is to enable the foreign office…Read More

16Feb2021

New option if your employment / dependant visa is expiring soon or has expired

A recent change in policy on extensions of stay by the Immigration Department is now permitting applications to be made by applicants who are unable to return to Hong Kong before the expiry of their employment or dependant visas.  To be eligible, the applicant must…Read More

10Feb2021

Data Breach Response: The management response

A data breach can be a crisis, and crisis management is a true test of character and leadership. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt looks at how executive management should approach and respond to a…Read More

05Feb2021

Legal update: Does an employee affirm his or her contract of employment and lose the right to claim constructive dismissal by engaging and using the employer’s grievance procedure?

If an employee claims that his or her employer has breached the contract of employment and engages in the grievance procedure, is he or she still entitled to claim constructive dismissal?  We examine the recent UK case of Gordon v J & D Pierce (Contracts) Ltd…Read More

04Feb2021

Legal update: the Supplemental Arrangement Concerning the Mutual Enforcement of Arbitral Awards between China and Hong Kong

Hong Kong and Mainland China signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (“HKSAR”) (the “Supplemental Arrangement”) on 27 November 2020. The Supplemental Arrangement embodies amendments to the existing arrangement, made in accordance…Read More

02Feb2021

Four things for directors to keep in mind when considering appointing liquidators

Handing over control of a company to strangers is a tough decision, but is one that is ever-present for a director facing the prospect of insolvency.   Ian De Witt and Troy Greig point to some high-level issues that any sensible director facing this scenario should…Read More

29Jan2021

Key Points in the FSTB Consultation Paper to the new licensing regime for VASPs

The Financial Service and Treasury Bureau released a consultation paper on 3 November 2020, proposing amendments to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615, Laws of Hong Kong)(“AMLO”) to introduce a licensing regime for virtual asset services providers (“VASP(s)”). River Stone, Pádraig Walsh…Read More