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 […]
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 […]
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”). […]
The Court of Final Appeal’s ruling on the right to dependent visas for same-sex couples in Hong Kong
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
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 […]
Can I get my job back after being unreasonably and unlawfully dismissed in Hong Kong?
Reading Time: 3 minutesIntroduction The Employment (Amendment) (No. 2) Ordinance 2018 (the “Amendment Ordinance”) was passed by the Legislative Council on 17 May 2018 and took effect on 19 October 2018. Under the Amendment Ordinance, the Labour Tribunal is empowered to make an order for reinstatement or re-engagement of an employee in the event of unreasonable and unlawful […]
Lesbian, gay, bisexual and transgender (LGBT) rights in Hong Kong: The Court of Appeal overturned same-sex civil servants benefits
Reading Time: 4 minutesIntroduction In our Newsletter in June 2017, we discussed the judgment of the Court of First Instance (“CFI”) in Leung Chun Kwong v Secretary for the Civil Service and Another HCAL 258/2015, where the CFI ruled that the Hong Kong Government should grant the same spousal benefits to employees in same-sex marriages as those enjoyed by their heterosexual […]
Hong Kong Legal Update: Sex discrimination in workplace cannot be inferred
Reading Time: 4 minutesIt is unlawful for any employer to dismiss any of its employees on the basis of his or her gender. However, it is often difficult, if not impossible, for an employee to produce direct evidence of such discrimination against his or her employer. In addition, the Court is often reluctant to draw an inference of […]
Guidance Letter from the Hong Kong Stock Exchange for listing applicants in the internet technology sector in Hong Kong
Reading Time: 6 minutesBackground The Stock Exchange of Hong Kong Limited (the “Exchange”) published a Guidance Letter HKEX-GL97-18 (the “Guidance Letter”) on 6 July 2018 for listing applicants in the internet technology sector or that have internet-based business models (the “IT Sector”), setting out the Exchange’s approach towards such companies to facilitate their listing within the existing regulatory […]
Who pays the costs of implementing a website-blocking order in the context of trade mark infringement?
Reading Time: 4 minutesAs a follow up our previous articles, “Website Blocking Order – a Possible Remedy against Trade Mark Infringement on the Internet?“ and “English Court of Appeal Affirms Injunctions Against ISPs for Website Selling Counterfeits“, we now revisit the topic as the UK Supreme Court handed down its long-awaited judgement in Cartier International AG and others (Respondents) v British […]
Hong Kong: Under what circumstances would the court allow an application for joint custody?
Reading Time: 4 minutesIn a recent matrimonial case XS對LB [2018] CHKEC 639, the Court dismissed the Husband’s application for joint custody of the son. The Court was of the view that granting the custody, care and control of the son to the Wife would be in the best interest of the son on grounds that the two parents had poor […]
Would employer be liable when the employee who sustained injury is prohibited from being employed in Hong Kong?
Reading Time: 3 minutesIntroduction In a recent judgement of Tahir Kashif v Safdar Nasar Mahmud [2018] HKDC 600 (the “Tahir Case”), the applicant for employees’ compensation is an asylum seeker from Pakistan. Under the laws of Hong Kong, he is prohibited from engaging in any employment. The Court needs to consider whether (and if so, how) to exercise its power […]