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Onerous Contractual Requirements with Regard to Insurance – How can Contractors and Employers avoid Potential Conflicts
Introduction Increasing costs of insurance and increasing demands from employers have led to some very practical difficulties for contractors. This paper will set out some main underlying themes and then discuss two specific provisions which are currently causing problems for contractors. There is a view…Read More
Recent case confirms Joint Ventures cannot be prosecuted under the Construction Sites (Safety) Regulations
Tanner De Witt Legal Update, December 2005 On 1 December 2005, the Court of First Instance, in HKSAR – v – Hyundai Engineering Construction Company Limited and China Engineering Construction Corporation Joint Venture decided that an unincorporated joint venture could not be prosecuted under the…Read More
Overview of Insolvency Law in Hong Kong
This paper sets out a brief overview of corporate insolvency law in Hong Kong and compares and contrasts the insolvency laws in Hong Kong with those of other jurisdictions. It was discussed at the Insolvency Session of the IATA Legal Symposium 2006. Hong Kong Insolvency…Read More
Let’s Be Reasonable: Quantum Meruit and Asian Equivalents
It is very common for judges and arbitrators to consider one of the following situations: two parties have tried to negotiate the terms of a construction contract but eventually failed to do so, whilst in the meantime, one of the parties has been doing work…Read More
Extension of Time Claims in Hong Kong
Introduction Delay claims are one of the most common areas for disputes in Hong Kong within the construction industry. Despite this, there still appears to be uncertainty about: what to claim; when to claim; and how to claim. Delay claims, even the approach in the…Read More
Listing of Securities on the Stock Exchange of Hong Kong Limited
Qualifications for Listing The basic conditions which have to be met as a prerequisite to the listing of equity Securities on the main board of the Hong Kong Stock Exchange are set out in Chapter 8 of the Rules Governing the Listing of Securities on…Read More
Upload, Download
IP Newsletter, December 2006 The conviction of the first person in the world charged with using BitTorrent technology to infringe copyrighted materials was upheld recently by the Hong Kong High Court. In HKSAR v Chan Nai Ming, HCMA 1221/2005 [2006], Chan Nai Ming uploaded movies…Read More
They Stole Our Idea!
IP Newsletter, January 2007 You bid on a project and presented your proposal. Later, they told you they decided to go another direction. Disappointed, you accept that you can’t win all the time. Then, you find your features incorporated into their project. They changed them…Read More
The Cost of Free Proposals
IP Newsletter, February 2007 Designers dread submitting proposals. Not only is time spent preparing proposals uncompensated, there are inevitably follow-up inquiries and additional uncompensated work required. And clients tend to think they can use concepts pitched without consent or credit given. After wrestling with issues…Read More
Meeting with Mr McCoy
IP Newsletter, March 2007 In this month’s newsletter, we report on a meeting with Stan McCoy, Chief Negotiator for IP Enforcement for the US Trade Representative, on IP enforcement issues in China. We discussed many issues during our hour-long meeting but what impressed me most…Read More
Trade War Looming?
IP Newsletter, April 2007 Last month, we talked about the United States putting pressure on provincial and local government officials in China to improve enforcement of IPR. Shortly after our newsletter, the US Trade Representative announced she was requesting two separate formal WTO consultations with…Read More
Reform of the Bankruptcy Regime in the People’s Republic of China
Introduction The PRC’s ground-breaking legislation on bankruptcy – the PRC Enterprise Bankruptcy Law (“EBL“) – came into effect on 1 June 2007, after many years of drafting and discussion among the PRC legislature and various interest groups. The EBL comprises 12 Chapters containing 136 articles,…Read More
