News & Media

10Oct2023

Background check: Seeking a Certificate of No Criminal Conviction in Hong Kong and the rehabilitation of offenders with a criminal record

Hong Kong is a sophisticated First World city with huge finance and professional service industries. This often leads to enquiries concerning the proof of individuals’ backgrounds. However, the system in Hong Kong for proving a clear criminal record is not easy or convenient to use,…Read More

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

18Sep2023

The Global Legal Post: Commercial Litigation and Cross-border Enforcement in Hong Kong

This article was initially published by The Global Legal Post. 1 . What is the structure and organisation of local courts dealing with commercial claims? What are the main procedural rules governing commercial litigation? The Basic Law of Hong Kong (HKBL) is the constitutional document…Read More

18Sep2023

ALB Forum: All About the Money

In recent years, the traditional pricing arrangement between a law firm and a client has been increasingly challenged by requests for alternative frameworks, while the turbulent economic environment has further squeezed budgets on legal spending. Law firms in Asia share what they have experienced with…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

01Sep2023

Tanner De Witt expands IP Practice

Tanner De Witt announces the appointment of Douglas Clark as Partner to join its Intellectual Property practice. The appointment is effective today, Friday 1st September 2023. This marks a significant advancement in the firm’s strategic initiative to enhance its IP practice along with its litigation…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

25Aug2023

Our Partners Pamela Mak and River Stone attended the Hong Kong Legal Services Forum 2023 held in Chengdu

Our Partners Pamela Mak and River Stone attended the Hong Kong Legal Services Forum 2023 held in Chengdu.  The forum addressed key concerns for enterprises in Sichuan and Chongqing, including sound risk management in the context of cross-border transactions and foreign investment. It also highlighted Hong Kong’s role as…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