Legal Updates

03Oct2023

PCPD joins international efforts to scrap scraping

In this legal update, we report that the Privacy Commissioner for Personal Data in Hong Kong (“PCPD”) has joined with eleven other privacy authorities across the globe to issue a joint statement on 24 August 2023 calling for awareness and action from social media platforms…Read More

25Sep2023

Bankruptcy overturned – can I have my money back please?

Where a bankruptcy order is set aside after a successful appeal by the debtor, who should be liable for the fees and expenses of the trustees in bankruptcy (whether the Official Receiver (as provisional trustee) or trustees appointed by the creditors)? Should such fees and…Read More

20Sep2023

Hong Kong Court Upholds a Jurisdictional Challenge to an Arbitral Award Based on Newly Introduced Evidence of Market Manipulation

In an important recent decision, the Hong Kong Court of First Instance upheld a jurisdictional challenge to an arbitral award in R v A, B and C [2023] HKCFI 2034. The jurisdictional issues concerned a third party (“Ma”) who sought to replace the claimant (“Rise”)…Read More

11Sep2023

Notice-ably Wrong: The Importance of Proper Notice in Arbitration Proceedings

What difference can a “t” make? Apparently, a lot. In a Hong Kong Arbitration Society arbitration, the Claimant served its Notice of Arbitration (NoA) on the Respondent using [email protected] instead of [email protected] (the Respondent’s email for service under the relevant contract).  That difference was sufficient…Read More

05Sep2023

Court of Final Appeal: Government must provide alternative means of recognising same-sex partnership

On 5 September 2023, the Court of Final Appeal in Sham Tsz Kit v Secretary for Justice [2023] HKCFA 28 ruled that the absence of alternative means of legal recognition of same-sex relationships in Hong Kong amounts to a violation of the constitutional right to…Read More

29Aug2023

The importance of proof of the genuine reasons for dismissal in defending discrimination claims

The District Court has recently handed down a judgment against a logistics company (“Respondent”), for refusing to pay a former pregnant employee (“Claimant”) her year-end bonus and for not renewing her employment contract after she had informed the Respondent about her pregnancy.  Background The Claimant…Read More

23Aug2023

Stay of Play: Winding-Up v. Arbitration (Again)

The recent Hong Kong Court of First Instance decision of Re Shandong Chenming Paper Holdings Limited marks another intersection between the public domain of insolvency and the private realm of arbitration.  In this and previous decisions, the Hong Kong courts have grappled with the issue…Read More

14Aug2023

Will the Real Bondholder Please Stand Up? Unravelling the Locus Standi of Global Note Investors in Winding-Up Petitions

Introduction In a landmark decision issued in July, Re Leading Holdings Group Limited [2023] HKCFI 1770, the Hong Kong Courts addressed, for the first time, the right of an investor of a global note to present a winding-up petition as a contingent creditor. The Case…Read More

09Aug2023

Consultation on proposed acceptance of commitments from Foodpanda and Deliveroo

On 1 June 2023, the Competition Commission commenced a consultation on its proposal to accept legally binding commitments (“Proposed Commitments”) from two leading online food delivery platforms in Hong Kong, Foodpanda and Deliveroo (“Platforms”). The Competition Commission conducted an investigation into the respective agreements between…Read More

07Aug2023

Recent Changes to Hong Kong Bankruptcy Laws; a win for creditors and the environment

The Government of Hong Kong continues its push towards favouring digitisation over using hardcopy documents.  The new changes to local bankruptcy laws allows: (1) electronic service of statutory demands; (2) using electronic bundles and skeletons for winding-up and bankruptcy applications; and (3) allowing electronic submission…Read More

26Jul2023

Legal Update: PCPD investigation report on credit reference agency data subject complaint

In this snapshot legal update, the Office of the Privacy Commissioner for Personal Data (“PCPD”) published an investigation report on 1 June 2023 concerning the TE Credit Reference System, developed by Softmedia Technology Company Limited (“Softmedia”) in January 2016. Softmedia was not a credit reference…Read More

18Jul2023

Divorce Proceedings and Your Business Part 2

In our previous article, we explored the confidential nature of divorce proceedings; the legal framework of protection of confidentiality over documents and information disclosed in divorce proceedings; and remedies available from the Court if you discovered that your spouse has obtained your confidential information without…Read More