Hong Kong Maritime Series: Do you have to provide an undertaking in damages when you arrest a ship?

Reading Time: 4 minutesIntroduction It is well established in the United Kingdom as long ago as 1858 that, an arresting party is not liable to pay for any damage resulting from a wrongful ship arrest[1] unless it acts in bad faith or with gross negligence. Also, an arresting party can arrest the ship as of right. Under such circumstances, […]

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Hong Kong Case Study: Applications of non-primary care parents to relocate abroad with their children

Reading Time: 3 minutesIntroduction There is a common perception that the application to remove a child permanently overseas is less likely to be successful if the non-primary care parent is the applicant. Indeed, the Court tends to maintain the current living arrangement of a child in order to avoid significant disruptions in his life. As such, the Court […]

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Thailand Legal Alert: Summary of Changes to LPA

Reading Time: 3 minutesThe National Legislative Assembly approved a resolution for the new draft Labor Protection Act (Amendment) on 14 December 2018. The amendment to the LPA is expected to be published soon and will come into effect within 30 days from the publication date in the Royal Gazette. The law is expected to take effect in March […]

Cambodia Tax Update: Important – Taxation of Individuals

Reading Time: 4 minutesWhilst a lot of discussion has been in made in recent times regarding the impact of the proposed seniority payments a much more significant and far-reaching area of tax reform is expected to be ushered into effect with the anticipated  promulgation into law this month of the 2019 Law on Financial Management (2019LFM). Compared to […]

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Hong Kong Regional Update: When would using a computer be a crime? CFI decision narrowed the scope of application of the offence of accessing a computer with dishonest intent

Reading Time: 4 minutesIntroduction The offence of “access to a computer with dishonest or criminal intent” under section 161 of Crimes Ordinance (Cap. 200) (the “Offence”) has been widely used by the prosecution for cases including taking upskirt photos, hacking, cyber frauds and leaving provocative comments on the internet. In a recent ruling of the Court of First […]

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Commentary: The duty of care owed by hospital and its receptionists to patients

Reading Time: 4 minutesIntroduction On 10 October 2018, the UK Supreme Court (the “Court”) in Darnley v Croydon Health Services NHS Trust[2018] UKSC 50 overruled the decisions of lower courts and held the hospital and its reception staff negligent for providing misleading information to patients. Case background The appellant, Darnley, was struck on the head in 2010 and suffered […]

Vietnam Legal Update: New Competition Law Will be Effective Soon

Reading Time: 6 minutesOn July 1, 2019, the new Law on Competition (“2018 Law”) will take effect and it has some significant differences from the existing Law on Competition (“2014 Law”).  While certain details are yet to be determined, below we will outline some of the significant differences that businesses should note between the two laws.  In addition, […]

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Who is a “friend”? – Court of Final Appeal clarified the meaning of “friend” in relation to persons providing prison visiting services in Hong Kong

Reading Time: 5 minutesIntroduction ONC Lawyers successfully quashed a conviction in a Court of Final Appeal (“CFA”) case for an appellant charged with conspiracy to defraud for providing prison visiting services. The CFA interpreted the meaning of “friend” in a broad approach in the context of visitors of prisoners on remand awaiting trial (“PATs”) and considered that the […]

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Further on the First Conduct Rule – Is Hong Kong falling behind on the rules governing anti-competitive conduct?

Reading Time: 4 minutesOn 9 April 2018 the Competition Commission (the “Commission”) issued an Advisory Bulletin (the “Bulletin”) addressing competition concerns regarding practices in relation to hiring and employment terms and conditions in the employment marketplace (see, our newsletter published in May 2018). The Bulletin is intended to be read alongside with the Commission’s Guideline on the First […]

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Hong Kong Update: Supervising clients’ investments – Can“high-level supervisory role” of trustees be limited?

Reading Time: 4 minutesIn certain banking arrangements in which investments are made in relation to a trust, a fiduciary relationship may arise when the bank or its affiliates act as a corporate trustee of a trust or a director of a company customer. A party may be regarded as a fiduciary if it owes an obligation to act […]

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The Court of Appeal clarifies the nature and standard of proof of Market Misconduct Tribunal proceedings in Hong Kong

Reading Time: 4 minutesIn Securities and Futures Commission v Cheng Chak Ngok and Another (CACV 95/2017, 10 September 2018), the Securities and Futures Commission (the “SFC”) appealed against the decision of the Market Misconduct Tribunal (the “MMT”) that Mr Cheng Chak Ngok (“Mr Cheng”) had not engaged in insider dealing in the shares of China Gas Holdings Limited (“China Gas”). […]