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Overview of the Insolvency Regime in Hong Kong
1 Issues Arising When a Company is in Financial Difficulties 1.1 How does a creditor take security over assets in Hong Kong? Generally speaking, a creditor taking security over the assets of a Hong Kong company is most likely to do so by either a…Read More
Mediation – Recent Court Decisions in Hong Kong
Introduction Meditation is a voluntary process where the parties agree to appoint an objective third party (the mediator) to help to resolve the problem out of court. This method of alternative dispute resolution is designed to save time and costs of litigation. Since 1 January…Read More
New Statement on Professional Ethics in Liquidation and Insolvency
From 1 April 2012 Hong Kong insolvency practitioners will have to contend with a much expanded statement on “Professional Ethics in Liquidation and Insolvency” in the HKICPA’S Code of Ethics for Professional Accountants (the “Code”). The new statement on “Professional Ethics in Liquidation and Insolvency”…Read More
New Legislation on Anti-Money Laundering and Counter-Terrorist Financing Anti-money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (Cap 615) (AMLO) -Effective date 1 April 2012
The AMLO is concerned with making Consumer Due Diligence (CDD) and compulsory record keeping by financial institutions enforceable by law. It should be noted that new offences have been introduced for failure to observe the CDD provisions set out under Schedule 2 of the AMLO….Read More
Protection of Wages on Insolvency (Amendment) Ordinance 2012
Employees in Hong Kong famously enjoy a relatively liberal 12 days of statutory holidays every year (statutory holidays are referred to as “public holidays” in certain other jurisdictions where, rather confusingly, the term “statutory holidays” is used to refer to annual leave). When you factor…Read More
Reserve Director
Are you a sole director and shareholder of a Hong Kong company? A board of directors generally exercise most of the powers of a company and in the case where there is only one director, that sole director is the only person who can exercise…Read More
Summary of Key Changes in 2013 HKIAC Administered Arbitration Rules (effective from 1 November 2013)
This article summarises key changes which arbitration practitioners and clients should be aware of in the revised administered arbitration rules recently unveiled by the Hong Kong International Arbitration Centre (“HKIAC”). The revised rules (the “2013 HKIAC Rules”), finalised after a revision process and consultation period…Read More
TDW in the Media
South China Morning Post, 24 April 2011 – Ian De Witt is quoted in an report by Chris Davis headlined “Just how professional are the professional investors?”. Ian expresses some views on professional investors, and advocates mandatory indemnity insurance for all advisers.South China Morning Post,…Read More
Tanner De Witt recommended in Doyle’s Leading Hong Kong Family law firms, 2015
Tanner De Witt has been recommended by Doyles as a Leading Hong Kong Family law firm in its recently published 2015 rankings. This listing has been compiled from the results of an online survey of, and telephone interviews with, senior family lawyers and divorce specialists who practice…Read More
High Court dismisses claims against senior employees and confirms provisions of Employment Ordinance are part of the mandatory employment laws of Hong Kong
Summary In a judgment, the Court of First Instance dismissed claims that a group of senior employees had breached their contractual and fiduciary duties by resigning and signing contracts to work for the same employer on the same day. The Court also confirmed that an…Read More
Business Visa requirements for Hong Kong visits
Introduction Recently in the litigation department, a client asked what type of visa to apply for if he intends to travel to Hong Kong for business purposes including, for example, to attend seminars and trade shows, look for business opportunities, meet clients or suppliers based…Read More
Corporate Rescue in Hong Kong: What will it eventually look like?
Introduction Unlike many other common law jurisdictions, Hong Kong still lacks a statutory corporate rescue regime, despite a proposal for one first having been made by the Law Reform Commission in 1996 and a proposed bill containing a corporate rescue regime subsequently being introduced in…Read More
