Variation of a Mareva injunction may not override legitimate interests of third parties

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

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?

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

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 […]

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 […]

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。

HONG KONG: The Competition Tribunal handed down a judgment on market sharing and price fixing for the first time

Reading Time: 6 minutesIntroduction On 17 May 2019, the Competition Tribunal (the “Tribunal”) handed down two decisions for the enforcements actions initiated by the Competition Commission (the “Commission”), comprising Competition Commission v Nutanix Hong Kong Limited and Others [2019] HKCT 2 and Competition Commission v W. Hing Construction Company Limited and Others [2019] HKCT 3. Both cases involved breach of the first […]

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。

HONG KONG: CFA clarifies the proper approach for interpreting “Red Flag” Reports

Reading Time: 5 minutesIntroduction In Moody’s Investors Service Hong Kong Ltd v Securities and Futures Commission (SFC) [2018] HKCFA 42, the Court of Final Appeal (“CFA”) dismissed an appeal brought by Moody’s Investors Service Hong Kong Ltd (“Moody’s”) in relation to SFC’s disciplinary action concerning a report entitled “Red Flags for Emerging-Market Companies: A Focus on China” (the “Report”).  We […]

HONG KONG: Former dental officer awarded substantial damages in compensation for injuries sustained due to excessive workload

Reading Time: 5 minutesIntroduction In the recent case of Yeung Lai Ping v Secretary for Justice [2019] HKCFI 881, the government has been ordered to pay nearly HK$21 million in compensation to a former dental officer, who had to retire from civil service nearly 20 years ago, after she suffered severe injuries to her right wrist due to excessive workload. […]