Legal Updates

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

09Feb2023

Transgender appellants win appeal in Q, Tse Henry Edward v Commissioner of Registration [2023] HKCFA 4

The Court of Final Appeal handed down a landmark ruling that a policy on HKID card amendment adopted by the Commissioner of Registration was unconstitutional. The Commissioner of Registration adopts a policy which requires individuals to have completed full sex reassignment surgery if they seek…Read More

03Feb2023

Arrest of juveniles

What will happen if your children or child is arrested by the police? An overview of the rights of juveniles under arrest. Introduction We often hear of arrest of youngsters in Hong Kong. In this article, we briefly discuss how the legal system processes those…Read More

01Feb2023

Hong Kong Cookies Regulation

Partner Pádraig Walsh provides the following overview on Hong Kong Cookies Regulation as part of a coordinated international review published in PIN CODE. Citation: Gary CYWIE, Charles MORGAN, Fabrice PERBOST, Alexander BRANDT, Padraig WALSH, Jun YANG and Eduardo USTARAN, ‘Cookies Regulations: An International Outlook’, Revue…Read More

19Jan2023

Substantial connection in jurisdictional matters – no separate test applied to parties without family in Hong Kong says the Court of Appeal in JQ v CLH CACV 350/2021

On 27 May 2021, His Honour Judge I Wong dismissed the Husband’s challenge against Hong Kong having jurisdiction over the Wife’s divorce petition. The Husband appealed. CACV 350/2021 was heard before Hon Chow JA, Hon Barma and Chow JJA in the Court of Appeal. The…Read More

20Dec2022

The Alternative to Class Action Litigation in Hong Kong

Class actions are not recognised by Hong Kong Courts, so, an individual’s right of action may not be as effective as it might otherwise be. It is for this reason that jurisdictions which do not recognise class actions often have a counterbalance in strong regulation…Read More