Hong Kong: Protection for employers against team move (Part III): The Interplay between restrictive covenants and springboard injunction

Reading Time: 6 minutesIntroduction In our August employment newsletter, we discussed the UK case QBE Management Services (UK) Ltd v Dymoke & Others [2012] IRLR 458, where the employer successfully obtained, among other things, a 12-month springboard injunction against its former employees and their financial backer from starting a new competing business venture.  Springboard injunction is a short term injunction […]

Cambodia: Legal Update November 2019

Reading Time: 2 minutesTRUSTS SERVICE FEES FOR THE REGISTRATION OF TRUSTS, Prakas № 854 of the Ministry of Economy and Finance (“MEF”), 30 September 2019. The purpose of this Prakas is to determine the level of fees for the registration of trusts in Cambodia. The registration and renewal fees include administrative and annual certification fees, the respective amounts […]

Hong Kong: Can love be a defence to bribery and misconduct in public office?

Reading Time: 4 minutesIntroduction The case HKSAR v Wilson Fung Wing-yip & Cheyenne Chan Ung-iok [2019] HKDC 1113 has caught much media attention. The unsuccessful prosecution on the defendants’ bribery charges raises the question of whether a romantic relationship can ever be used as a shield to defend a couple from bribery charges. Background On 28 September 2004, Ms Cheyenne […]

Regional Law: ASEAN Employment Legal Update

Reading Time: 10 minutesDFDL’s Employment Practice Group is dedicated to advising clients on employment and labor issues and preparing human resources documentation that is compliant with local laws. Our employment team’s in-depth knowledge of the law and practices in the countries where we operate allows us to provide specialized, tailored, and practical advice on issues that arise in […]

Hong Kong: Enforcing a claim tainted with illegality – the Hong Kong position after the UK Supreme Court Decision in Patel

Reading Time: 8 minutesIntroduction Illegality defence is a legal doctrine which prevents a claimant from pursuing a claim if it arises in connection with some illegal act on the part of the claimant. Such doctrine is underpinned by the principle that one should not be able to benefit from his or her own wrongdoing. The English Supreme Court […]

Australia: Andrew Douglas, Managing Principal of FCW Lawyers addresses why wellbeing in law firms has to be a top priority.

Reading Time: 5 minutesThe fourth Regional Law Firm Management Forum organised by The Australasian Legal Practice Management Association (ALPMA) is happening in Singapore on 18 October 2019 at the Mandarin Oriental. Leading up to the forum, ALN had the opportunity to conduct an email interview with one of the speakers, Mr Andrew Douglas, the Managing Principal of FCW […]

Vietnam Tax Update: New Law on Tax Administration – Key Takeaways

Reading Time: 6 minutesThe new Law on Tax Administration No. 38/2019/QH14 (“LTA” or “new Law”) was passed by the National Assembly in June 2019 will become effective from 1 July 2020. New provisions relating to electronic invoices and electronic documents take effect from 1 July 2022. We summarize below some of the salient features of the new Law. […]

Hong Kong: Tripartite MOU on accessing the audit working papers for compliance

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?

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 […]

Cambodia: Legal Update September 2019

Reading Time: 2 minutesREINSURANCE BUSINESS LICENSING REINSURANCE ACTIVITIES IN CAMBODIA, Prakas № 323 of the Ministry of Economic and Finance (“MEF”), dated 20 March 2019. Pursuant to Article 41 of the Insurance Law (“Insurance Law 2014”) dated 4 August 2014, insurance activities in Cambodia are categorized into four types including (i) life insurance, (ii) general insurance, (iii) reinsurance […]

Hong Kong: Protection for employers against team move (Part II): Springboard Injunction

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 […]