ONC Lawyers
95 Articles0 Comments

ONC Lawyers is a professional and dynamic legal practice based in Hong Kong. We have been growing continuously since our establishment in 1992, and have now become one of the largest local law firms with more than 100 members of legally-qualified and supporting staff. The major areas of practice of our lawyers include banking & finance, capital market, China practice, construction & arbitration, corporate & commercial, criminal litigation, employment, family & matrimonial, immigration, insolvency & restructuring, insurance & personal injury, intellectual property & technology, litigation & dispute resolution, notary public services, real estate, securities, futures & funds, shipping & logistics and wills & probate. ONC Lawyers was formerly known as Or, Ng & Chan (prior to 1st May 2008), whilst our Chinese name 柯伍陳律師事務所 has remained unchanged.

Hong Kong: Tripartite MOU on accessing the audit working papers for compliance
Business,Hong Kong,Regional Law

Reading Time: 4 minutesIntroduction Enforcements against corporate fraud and misfeasance have always been top priorities for the Securities and Futures Commission of Hong Kong (the “SFC”).  In investigating the business affairs and conduct of a listed issuer, audit working papers of the listed issuer are crucial for the SFC to gain a thorough understanding of the business and […]

Hong Kong: When Would the Court Exercise its Power to Set Aside an Arbitral Award?
Arbitration,Hong Kong,Regional Law

Reading Time: 5 minutesIntroduction Hong Kong is a jurisdiction where the policy encourages and upholds the autonomy and finality of arbitration, i.e. a policy of minimal interference with awards.[1]  Party seeking the Court’s leave to appeal an arbitral award pursuant to section 5 of schedule 2 of the Arbitration Ordinance (Cap. 609) (the “AO”) must satisfy that the […]

Hong Kong: Protection for employers against team move (Part II): Springboard Injunction
Business,Employment,Hong Kong,Regional Law

Reading Time: 5 minutesIntroduction If a senior employee abuses his power and uses his senior position to exert his influence over his subordinate or junior employees to foment their resignations to join a new employer (often the employer’s competitor) or misuses the employer’s confidential information that only senior employees have access to, and uses such information to negotiate […]

Hong Kong: Claiming damages in addition to setting aside void disposition in insolvency
Business,Hong Kong,Insolvency,Regional Law

Reading Time: 5 minutesIntroduction Section 284 of the Insolvency Act 1986, which is the equivalent of section 42 of the Bankruptcy Ordinance (Cap. 6), provides that where a person is adjudged bankrupt, disposition of property made by that person in the period from the day of the presentation of the petition to the vesting of the bankrupt’s estate […]

Hong Kong: Protection for employers against team move (Part I): Non-solicitation clause
Business,Employment,Hong Kong,Regional Law

Reading Time: 5 minutesIntroduction A “team move” is an expression used to describe the situation in which a number of employees of the same employer resign to work for a new employer. This is in contrast with the departure of a single employee or the departure of more than one employee for different reasons. In this employment newsletter […]

Hong Kong: A glimpse of hearing at Hong Kong’s Trade Marks Registry
Business,Hong Kong,Intellectual Property,Regional Law

Reading Time: 5 minutesIntroduction Whilst trade mark infringement and passing-off are common areas of dispute in the courts in Hong Kong these days, contentious matters arising from or in connection with trade mark registration, such as opposition to registration, request for a declaration of invalidity in respect of a registered trade mark which did not qualify for registration […]

Hong Kong: A blow to the giant – Adidas loses trademark battle against Shoe Branding Europe BVBA
Business,Intellectual Property

Reading Time: 5 minutesIntroduction On 19 June 2019, The European Union General Court (the “General Court”) dismissed the appeal application filed by Adidas and upheld the decision of European Intellectual Property Office (“EUIPO”)’s Second Board of Appeal that, among other things, Adidas’ signature mark of parallel equidistant stripes lacks the distinctiveness required for it to be qualified for […]

Why was McDonald’s “BIG MAC” trade mark revoked in Europe?
Business,Intellectual Property

Reading Time: 4 minutesIntroduction In the European Union Intellectual Property Office’s (“EUIPO”) decision in Supermac’s (Holdings) Ltd v McDonald’s International Property Company, Ltd dated 11 January 2019, the EUIPO revoked McDonald’s rights in respect of the trade mark “BIG MAC”. The reason for the decision was that McDonald’s had failed to provide sufficient evidence to the EUIPO to prove that […]

Variation of a Mareva injunction may not override legitimate interests of third parties
Criminal and Litigation,Hong Kong,Regional Law

Reading Time: 6 minutesIntroduction In Securities And Futures Commission v Mo Shau Wah And Others [2018] 3 HKLRD 356, the Court of Appeal (“CA”) dismissed an appeal brought by Mo Shau Wah (“Mo”) in relation to a Mareva injunction obtained against her in proceedings brought by the Securities and Futures Commission (“SFC”), against the dismissal of her application for an […]

Hong Kong: Gay civil servant wins final appeal on spousal benefits for husband
Employment,Hong Kong,LGBTQ,Marriage,Personal,Regional Law

Reading Time: 7 minutesIntroduction We discussed the judgment of the Court of First Instance (“CFI”) in Leung Chun Kwong v Secretary for the Civil Service and Another [2017] CFI 736; HCAL 258/2015 and also its appeal judgment of the Court of Appeal (“CA”) ([2018] HKCA 318; CACV 126/2017) respectively in our Newsletters June 2017 and June 2018 issues. This year, the appellant (“Mr Leung”) […]

Does removing an insolvent party from a joint venture infringe the anti-deprivation rule?
Business,Hong Kong,Insolvency,Investments,Legal Contracts,Regional Law

Reading Time: 5 minutesIntroduction The Court of First Instance analysed whether a clause within a joint venture agreement between a company in liquidation and an interested party should be void for being classified as “disposition” under section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32). Build King Construction Ltd (“BK”) formed a joint venture […]

The importance of the use of languages in determining the intended coverage of arbitration clause
Dispute Resolution,Hong Kong,Legal Contracts,Regional Law

Reading Time: 8 minutesIntroduction It is not uncommon that parties to a commercial agreement include an arbitration clause to govern the way in which dispute is settled. In Giorgio Armani SpA v Elan Clothes Co Ltd [2019] HKCFI 530, in deciding an application by the plaintiff seeking the continuation of an anti-suit injunction against the defendant from taking any further […]