DDoS attack – cybercrime for misusing a victim’s computer through the victim’s website

Reading Time: 4 minutesIntroduction In a recent case HKSAR v Chu Tsun Wai [2019] HKCFA 3, the Court of Final Appeal (“CFA”) set out the basis to which a cyber-attacker may be found guilty for damaging the other’s property by misusing the victim’s computer through the victim’s website. Background On 12 October 2014, Mr Chu Tsun Wai (“Mr Chu”) took […]

The CFA clarifies the relationship between “bribery” and “misconduct in public office” in Donald Tsang’s case

Reading Time: 5 minutesIntroduction In our previous newsletter “Donald Tsang’s Conviction Sheds Light on the Offence of Misconduct in Public Office”, we discussed the conviction in February 2017 of Mr Donald Tsang Yam-kuen (“Tsang”), the former Chief Executive of Hong Kong (the “Chief Executive”), of the charge of misconduct in public office. Tsang first appealed to the Court […]

SMU Lexicon: Busting Myths: Understanding Prosecutorial Discretion

Reading Time: 12 minutesIntroduction The December 2017 decision to charge a couple who tortured their flatmate, Annie Ee, with the offence of “voluntarily causing grievous hurt”, as opposed to murder, sparked controversy in Singapore.[1] In response, the Attorney-General’s Chambers (“AGC”) released a media statement explaining its decision,[2] and Attorney-General (“AG”) Lucien Wong referred to the matter in his […]

Is it likely for the Court to order one of the parents in a child relocation application to pay security for costs?

Reading Time: 5 minutesIntroduction An order for security for costs requires a Plaintiff to pay into the Court an amount of money that the Court considers appropriate for the Defendant’s costs of the proceedings. Whilst it is common for a party to take out an application for security for costs in civil proceedings (such as shareholder disputes), it […]

What is the objective of Military Law? (Part 2 of 2)

Reading Time: 8 minutesMilitary Law in Singapore is unique due to its separate legal system and jurisdiction. To most, “Military Justice” (or “Military Law”) is simply a body of law and system of rules which only applies to military personnel. Being a nation known for its mandatory conscription (National Service), many of us have probably heard the military-related […]

Can employers rely on “team based” commission and team leader bonus already paid to employees to deduct sickness allowance, holiday pay and annual leave pay payable to employees?

Reading Time: 6 minutesIntroduction In a recent case Mak Wai Man v Richfield Realty Ltd [2019] HKDC 358, the District Court clarified whether statutory entitlements (including sickness allowance, holiday pay and annual leave pay) payable to employee under the Employment Ordinance (Cap. 57) can be reduced by “team based” commission (the “Commission”) and team leader bonus (the “Bonus”) already paid […]

香港:医疗疏忽——医生应向病人披露多少治疗风险资料?

Reading Time: 1 minutes简介
医生通常在两种情况下须负上疏忽法律责任:第一是在施行医疗程序时疏忽;第二是在征求病人同意进行医疗程序时,未有向病人披露医疗程序的风险。
就上述第一种情况,我们在早前在〈医疗疏忽——认识医护人员对病人的责任〉一文中已探讨了如何采用Bolam测试确定须具备的谨慎责任的标准。至于第二种情况,由于英国最高法院在Montgomery v Lanarkshire Health Board [2015] UKSC 11一案中的裁决,Bolam v Friern Hospital Management Committee [1957] 1 WLR 582案中确立的传统测试(「Bolam测试」)在英国不再适用。

What is doxxing? Are you guilty?

Reading Time: 9 minutesPublishing someone’s personal information online could now result in jail time. Upset about a taxi ride or saw a situation that you feel warrant a social media post? You would need to think twice now before posting any rants online. Such revelation of crucial personal information online is known as ‘doxxing’. Doxxing has been defined […]

Who is subject to military law in Singapore? (Part 1 of 2)

Reading Time: 6 minutesMilitary Law in Singapore is unique due to its separate legal system and jurisdiction. To most, “Military Justice” (or “Military Law”) is simply a body of law and system of rules which only applies to military personnel. Being a nation known for its mandatory conscription (National Service), many of us have probably heard the military-related […]

The Remembrance and the Forgetting: Singapore’s Mental Capacity Act, Nine Years On

Reading Time: 9 minutesIntroduction Like most developed nations, Singapore has a gradually aging population.[1] The proliferation of this new demographic profile raises a host of pressing issues, particularly that of rising incidences of dementia among the aged.[2] Given that many of those who might suffer from dementia will have accumulated considerable assets and are therefore at risk of […]

香港:怎样才可终止我在物业中的共有权?

Reading Time: 1 minutes分划(partition)是终止物业共有权(co-ownership)的其中一种方法,令每名共有人(co-owner)成为其获分配之土地财产的唯一业主。这与联权共有权(joint tenancy)的划分不同,后者只会令共有人变成分权共有人(tenants in common),但仍然共同拥有物业。分划可以透过自愿签立契据进行;如共有人之间无法达成共识,则可根据香港法例第352章《分划条例》(「该条例」)提出诉讼,要求分划或出售物业。