Hong Kong Regional Update: How does the International Regulations for Preventing Collisions at Sea 1972 apportion liability in collisions?
Hong Kong,Regional Law

Reading Time: 3 minutesIntroduction In a situation where vessels are dangerously approaching each other and the action of one vessel alone may not be enough to avoid a risk of collision (i.e. a close quarters situation), it is rather difficult to assess the respective blameworthiness and causative potency of the vessels involved. In Owners and/or Demise Charterers of “TS […]

Hong Kong Maritime Series: Will shipowners be protected by letters of indemnity for delivering cargoes to unnamed receivers?
Business,Hong Kong,Maritime,Regional Law

Reading Time: 6 minutesBackground It is not uncommon for charterers or shipowners to be offered a letter of indemnity (“LOI”) for delivery of cargo to a named receiver without the presentation of original bills of lading. This situation arises when the bills of lading cannot be produced or released at the load port before the cargo arrives at […]

Hong Kong Maritime Series: Would the Court impose conditions for granting relief
Hong Kong,Legal Updates,Regional Law

Reading Time: 4 minutesIntroduction In admiralty actions where there are cross claims, the procedure is governed by Order 75 Rule 41 of The Rules of High Court (Cap.4A) (“RHC”). The rule does not provide for an automatic deadline for a defence to a cross-claim to be filed, instead the Registrar of the High Court may give directions for […]

Hong Kong Maritime Series: Is the arresting party entitled to stop the judicial sale of the vessel as of right?
Business,Hong Kong,Legal Updates,Maritime,Regional Law

Reading Time: 4 minutesIntroduction In the recent case of The “Long Bright” [2018] SGHC 216, the Singaporean High Court had to decide on whether the arresting party who wishes to discontinue the action is entitled to release the arrested vessel and stop the judicial sale as of right even after bids from potential buyers have been received. The facts The […]

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

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, […]

Hong Kong Case Study: Applications of non-primary care parents to relocate abroad with their children
Divorce and Child Custody,Hong Kong,Legal Updates,Personal,Regional Law

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 […]

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
Business,Cybersecurity,Hong Kong,Regional Law

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 […]

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

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 […]

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

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 […]

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

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”). […]

The Court of Final Appeal’s ruling on the right to dependent visas for same-sex couples in Hong Kong
Business,LGBTQ,Personal

Reading Time: 4 minutesIntroduction In our October 2017 newsletter, we discussed the judgment of the Court of Appeal (the “CA”) in QT v Director of Immigration CACV 117/2016, where the decision of the Court of First Instance (the “CFI”) was reversed and the CA held that the Director of Immigration’s refusal to grant dependant visa to an expatriate in a same-sex […]

The Competition Commission commenced proceedings in the Competition Tribunal against individuals for the first time in Hong Kong
Hong Kong,Legal Updates,Regional Law

Reading Time: 3 minutesIntroduction On 6 September 2018, the Competition Commission (the “Commission”) commenced proceedings in the Competition Tribunal (the “Tribunal”) against three companies and two individuals – Mr Chan and Mr Lam in relation to the provision of renovation services at a subsidised housing estate in San Po Kong. Notably, this is the first time that the […]