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 […]
Reading Time: 1 minutes雇主基于雇员的性别而解雇雇员属违法行为，但雇员要提出直接证据证明雇主触犯性别歧视，往往困难重重, 而且法院一般不会轻易地因雇员凭空指称受到雇主无理或不公平对待，便推断雇主触犯性别歧视
Reading Time: 1 minutes在近期一宗上诉案件中, 终审法院推翻了上诉人贩运危险药物的定罪，理由是若干证据因侵犯上诉人缄默权而属不可接纳的证据，构成重大不当，对上诉人造成严重不公。
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 […]
Reading Time: 1 minutes现今，许多儿童在父母分开后被交由第三方（例如祖父母或外祖父母）照顾，这些第三方能向法院申请成为儿童的监护人吗？应如何申请
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。
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。
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 […]
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 […]
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 […]
Reading Time: 4 minutesIntroduction In some rare scenarios where a defendant is legally represented but is not properly advised by his legal representatives before making a guilty plea (or a defendant is unrepresented), the defendant may find himself in need of making an application to reverse his plea on the ground that when the guilty plea was made, […]
Reading Time: 3 minutesIntroduction In a situation where vessels are dangerously approaching each other and the action of one vessel alone may not be enough to avoid a risk of collision (i.e. a close quarters situation), it is rather difficult to assess the respective blameworthiness and causative potency of the vessels involved. In Owners and/or Demise Charterers of “TS […]
