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Legal Updates
Legal update: Does the ‘new’ cause of action for general harassment open Pandora’s Box?
The judgment in the case of Lau Tat Wai v Yip Lai Kuen, Joey handed down on 24 April 2013 appears to be a watershed in the development of a general law of harassment. New development Prior to this judgment there had been no authoritative…Read More
Directors and Officers Beware Liability for Wage Payment Offences by Company
24 February 2015 Directors and officers of companies with staff in Hong Kong should be aware that they may be held criminally liable and ordered to personally pay arrears in wages if their company commits wage payment offences with their consent or connivance or due…Read More
Conditional MT 103? No Siree!
“Until that moment I hadn’t paid much attention to what he’d been eating. Now I saw he’d ordered the best thing in the house, this gorgeous, frothy confection of an earlier age. Who ever dreamed up the deviled egg? Who knew that a simple egg…Read More
Legal update: Chinese domain names
Has this happened to you? Someone calls and says he is the local affiliate of an accredited Chinese domain name registration agency. He tells you he noticed someone trying to register your company’s name as a ‘.com.cn’ and/or ‘.cn’ domain name with CNNIC (China Internet…Read More
Legal update: Aircraft Liens – The Oasis Judgment
The word “lien” can be described in layman’s terms as a right, often arising by operation of law rather than under contract, to retain the property of another party until that other party pays his debts. The word also enjoys a second, rather more obscure,…Read More
Adverse Possession: Mind Your Property
How is it possible that someone can end up rightfully possessing land by being a trespasser? Strange as it may be, this is possible under the centuries-old doctrine of adverse possession. Adverse possession allows someone to obtain a right to possess land by occupying it…Read More
Legal update: Adverse Costs Consequences in Discrimination Claims
The recent decision of Chan Wai Ho v Civil Service Bureau shows an increasing and important trend in the court’s approach to ordering costs against unsuccessful parties in discrimination cases. Facts of the Case The above case of Chan Wai Ho v Civil Service Bureau…Read More
Legal update: Visa requirements for US citizens taking evidence in Hong Kong
Hong Kong residents are sometimes asked to provide witness statements or depositions for use in the United States and attorneys from the United States may travel to Hong Kong to take such statements or depositions for use in proceedings in the United States. Generally, a…Read More
Legal update: Can an employee continuing to work amount to acceptance of a unilateral variation of terms in an employment contract?
When an employee simply continues to work after an employer’s unilateral change in terms and conditions of an employment contract, can this constitute acceptance? We examine the case of Wess v Science Museum Group. Background The employee was initially employed on “Civil Service” terms until…Read More
Divorce is not the only option: Some key facts about mediation
Mediation followed by consent court applications is becoming an increasingly popular way for spouses to part ways amicably. With marital breakdown becoming a growing trend in Hong Kong there is greater need for individuals in legally binding relationships to be aware of their options. Mediation involves…Read More
Legal update: The Changing Nature of the Insolvency and Restructuring landscape in the PRC
We would like to thank the international restructuring and insolvency professionals who participated in Friday’s symposium co-hosted by the Richardson School of Law, University of Hawai‘i and Hong Kong’s Turnaround Management Association. The conference, titled Unlocking Value in the PRC: The Changing Nature of Restructurings…Read More
Legal update: Hong Kong Working Holiday Visa Scheme extended to British Nationals
Hong Kong law firm Tanner De Witt outlines the criteria and conditions of the Working Holiday Visa Scheme which is now open to British Nationals. The Hong Kong Working Holiday Visa Scheme allows national passport holders of participating countries to take up short-term employment or to…Read More
