Reading Time: 7 minutesIntroduction In a recent case Volcafe v CSAV [2018] UKSC 61, the Supreme Court of the United Kingdom (the “Supreme Court”) discussed for the first time as to who shall bear the burden of proof in cargo damage claims against the shipowner under the Hague Rules. Facts Background The Claimants, who are the cargo owners and bill […]
Hong Kong Legal Update: What happens when a creditor petitions to wind up a company already subject to an unfair prejudice petition?
Reading Time: 5 minutesIntroduction In a recent Court of First Instance case Li Fu Hua (also known as Denise Li) v Chen Ching Chih (陳清治) and another HCMP 1374/2018, [2018] HKCFI 2786, the court has to deal with the situation where a creditor filed a winding up petition (on ground of insolvency) against a company in respect of which a […]
Hong Kong Regional Update: A second chance – principles governing the reversal of a guilty plea
Reading Time: 4 minutesIntroduction In some rare scenarios where a defendant is legally represented but is not properly advised by his legal representatives before making a guilty plea (or a defendant is unrepresented), the defendant may find himself in need of making an application to reverse his plea on the ground that when the guilty plea was made, […]
Hong Kong Regional Update: How does the International Regulations for Preventing Collisions at Sea 1972 apportion liability in collisions?
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?
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
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?
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?
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
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
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 […]
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 […]
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 […]