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Hong Kong: Mutual recognition of funds between Luxembourg and Hong Kong

Reading Time: 5 minutesIntroduction The Securities and Futures Commission (“SFC”) from Hong Kong and the Commission de Surveillance du Secteur Financier (“CSSF”) from Luxembourg have entered into a Memorandum of Understanding (“MoU”) on Mutual Recognition of Funds (“MRF”) on 15 January 2019, which will allow eligible Hong Kong public funds and Luxembourg UCITS fund (a collective investment scheme […]

Hong Kong: Amendments to an employment contract – whether there is “real benefit” to an employer

Reading Time: 4 minutesIntroduction In our previous newsletter “Amendments to an Employment Contract Must Be Supported by Fresh Consideration” (September 2017), we discussed the ruling of the Court of First Instance (“CFI”) in Wu Kit Man v Dragonway Group Holdings Limited HCLA 15/2016, where the CFI held that amendments to an existing employment contract were unenforceable due to lack of […]

Hong Kong: The Competition Tribunal refuses last-minute application to amend pleadings two months before trial

Reading Time: 4 minutesIntroduction In Competition Commission v Wing Hing Construction Co Ltd [2018] HKCT 6, the Competition Tribunal refuses a respondent’s application to amend its Response and file new witness statements in substitution for a statement already filed. Factual background In these proceedings, the respondents were contractors appointed from a reference list of the Hong Kong Housing Authority to […]

Hong Kong: HKEx published its latest review of corporate governance practices and updated its guidance material on ESG reporting

Reading Time: 8 minutesIntroduction On 16 November 2018, The Stock Exchange of Hong Kong Limited (the “Exchange”) published the findings of its latest review of listed issuers’ corporate governance practices and updated its guidance material on environmental, social and governance (“ESG”) reporting. Latest review of listed issuers’ corporate governance practices Since the introduction of the Corporate Governance Code […]

香港:我可以追讨非法活动的收入损失吗?

Reading Time: 1 minutes此案的申索人以非法摆卖为生,但在香港,无牌摆卖属违法行为。有人认为,若容许无牌小贩追讨非法摆卖的收入损失,某程度上会使香港的街道秩序更加混乱,且变相认同违反小贩规例的行为。在Chung Man Yau一案中,前上诉法庭副庭长马天敏法官确立了非法行为无碍追讨收入损失的原则。

香港:前配偶拒绝支付赡养费,我该怎么办?

Reading Time: 1 minutes不按照法院赡养令支付赡养费的情况如今十分常见,除了因经济困难或没有能力支付的情况外,有时即使前配偶有经济能力付款,亦可能因为心怀不满而拒绝向对方支付赡养费。本文将探讨 (i) 透过向法院提出申请来处理这种情况的现行机制,及 (ii) 法院因应近期YBL v LWC [2016] HKEC 2791案件裁决而对该机制的看法。

Hong Kong: Court orders boiler room fraudsters to compensate investors

Reading Time: 4 minutesIntroduction On 21 December 2018, the Securities and Futures Commission (the “SFC”) succeeded in its actions against boiler room fraudsters, where the Court of First Instance (the “CFI”) ordered such fraudsters to compensate investors who fell victim to the scams, in accordance with section 213 of the Securities and Futures Ordinance (the “SFO”). Background Boiler […]

Hong Kong: Who shall bear the burden of proof in cargo damage claims?

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 […]