Reading Time: 3 minutesIntroduction The Employment (Amendment) (No. 2) Ordinance 2018 (the “Amendment Ordinance”) was passed by the Legislative Council on 17 May 2018 and took effect on 19 October 2018. Under the Amendment Ordinance, the Labour Tribunal is empowered to make an order for reinstatement or re-engagement of an employee in the event of unreasonable and unlawful […]
Reading Time: 4 minutesIntroduction In our Newsletter in June 2017, we discussed the judgment of the Court of First Instance (“CFI”) in Leung Chun Kwong v Secretary for the Civil Service and Another HCAL 258/2015, where the CFI ruled that the Hong Kong Government should grant the same spousal benefits to employees in same-sex marriages as those enjoyed by their heterosexual […]
Reading Time: 4 minutesIt is unlawful for any employer to dismiss any of its employees on the basis of his or her gender. However, it is often difficult, if not impossible, for an employee to produce direct evidence of such discrimination against his or her employer. In addition, the Court is often reluctant to draw an inference of […]
Reading Time: 6 minutesBackground The Stock Exchange of Hong Kong Limited (the “Exchange”) published a Guidance Letter HKEX-GL97-18 (the “Guidance Letter”) on 6 July 2018 for listing applicants in the internet technology sector or that have internet-based business models (the “IT Sector”), setting out the Exchange’s approach towards such companies to facilitate their listing within the existing regulatory […]
Reading Time: 4 minutesIn a recent matrimonial case XS對LB [2018] CHKEC 639, the Court dismissed the Husband’s application for joint custody of the son. The Court was of the view that granting the custody, care and control of the son to the Wife would be in the best interest of the son on grounds that the two parents had poor […]
Reading Time: 3 minutesIntroduction In a recent judgement of Tahir Kashif v Safdar Nasar Mahmud [2018] HKDC 600 (the “Tahir Case”), the applicant for employees’ compensation is an asylum seeker from Pakistan. Under the laws of Hong Kong, he is prohibited from engaging in any employment. The Court needs to consider whether (and if so, how) to exercise its power […]
Reading Time: 4 minutesIn “Applying for Trade Mark Protection in Multiple Jurisdictions: the Madrid System” Part I and Part II, we introduced the international registration of trademarks and the outcome of the three-month consultation exercise on the proposed application of the proposed application of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”) conducted in […]
Reading Time: 4 minutesIn both public and private sectors, employees of different levels might be empowered to make decisions on engagement of suppliers and contractors etc. It might be very tempting for such employee to procure contracts to be awarded to entities which he or his family members have interests. However, if no proper declaration of interest was […]
Reading Time: 4 minutesOn 29 March 2018, the Court of First Instance (the “CFI”) in case Lam Wing Hei (a minor suing by her mother and next Friend Lam Tsz Kiu) and Lam Tsz Kiu v Hospital Authority HCPI 1129/2015 handed down its decision and dismissed a claim for “wrongful life”. The detailed reasons for decision were subsequently given on […]
Reading Time: 6 minutesIn a decision handed down recently, the Court of Final Appeal quashed the jail terms of Joshua Wong Chi Fung and his two allies imposed by the Court of Appeal but made it clear that the stricter sentencing guidelines laid down by the Court of Appeal will apply to future offenders involved in large scale […]
Reading Time: 5 minutesBackground “Dishonesty” is an element to be established by the prosecution in a number of criminal offences, including theft and conspiracy to defraud. R v Ghosh [1982] QB 1053 had been a landmark case formulating the two-stage test on “dishonesty” as a direction to jury (the “Ghosh directions”), which comprised of: Whether the defendant’s conduct was dishonest […]
Reading Time: 6 minutesAround the world there have been numerous cases of cross border email scams where individuals or companies received scammed or spoofed emails that pretend to be from C-suite or senior staff of the company or business partners to wire transfer funds to bank accounts in Asia, a lot of times coming to or going through […]
