Vietnam Legal Updates: Bankruptcy Settlement Procedures

Reading Time: 3 minutesThe Ministry of Justice, the Supreme People’s Procuracy and the Supreme People’s Court issued Joint Circular No. 07/2018/TTLT-BTP-VKSNDTC-TANDTC dated 12 June 2018, on cooperation in enforcement of court’s decisions on bankruptcy settlements (“Joint Circular 07”), which came into effect on 1 August 2018. Joint Circular 07 sets forth new guidelines on cooperation in the procedures […]

Hong Kong does not recognise a cause of action for wrongful life or wrongful suffering

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 […]

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Hong Kong’s Court of Final Appeal clarifies what civil disobedience is and other aspects on unlawful assembly

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 […]

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Hong Kong: How should the damages in fatal cases be assessed?

Reading Time: 4 minutesIntroduction In the recent judgment of Kan Wai Ling and others v Kan Chi Fai [2018] HKCFI 1024, the plaintiffs are the co-administratrices of the estate of the deceased who sustained fatal injuries in a traffic accident. The Court has decided on, among other things, (i) how the award for loss of dependency should be assessed; (ii) […]

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Building and Construction: How Do Performance Bonds Work?

Reading Time: 4 minutesDid you know that performance bonds date all the way back to 2,750 BC? One might be surprised by the longevity of the performance bond, but this underlines its commercial usefulness, particularly in the context of building and construction. Although it may seem complicated and technical to most people at first blush, the performance bond […]

Myanmar Tax Alert: Myanmar Passes The 2018-2019 Union Tax Law

Reading Time: 4 minutesOn 25 September 2018, the Union Parliament (“Pyidaungsu Hluttaw”) enacted the 2018-2019 Union Tax Law (“2018-2019 UTL”) which provides clarity on the transition period regarding the change in the tax year of reporting along with tax rates and exemptions applicable to certain goods and services in Myanmar. For State-owned enterprises (“SOEs”), the 2018-2019 UTL is effective […]

Well-known trademarks in the PRC

Reading Time: 4 minutesWell-known trademark recognition is a tool that offers a much broader scope of protection to trademark owners than those offered by normal registered trademarks. Having the well-known trademark status means that the mark has acquired high reputation and influence among the public through extensive and continuous use and has been recognised by the relevant public […]

Time for Hong Kong to revisit the meaning of “dishonesty”

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 […]

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Buying a Property in Singapore and unsure of terms?

Reading Time: 7 minutesSingapore has one of the highest home ownership rates globally (about 90% of the population). As such, most Singaporeans will be involved in at least one property transaction in their lifetime. Purchasing or selling a property for the first time can be a daunting experience, especially when one is confronted by the mountain of legal […]

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Becoming a Director in Thailand?

Reading Time: 4 minutesDirectors’ duties and liabilities: fundamental requirements to keep a director safe from legal exposures The directors of a private limited company are considered the lawful representatives of the company and they act for and on behalf of the company. In performing their role, the directors, regardless of their nationality, are bounded by the same directors’ […]

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What should you know if you are arrested in Singapore?

Reading Time: 6 minutesThe police possess vast powers in Singapore – the most impactful which would be the power of arrest. Law abiding citizens would not have an encounter with the police that leads to an arrest or usually contemplate such a situation. However, in an unfortunate circumstance encountering the police on the wrong side of the law, […]

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What is the difference between paid up and authorised capital?

Reading Time: 5 minutesIn 2006, Singapore abolished the concept of authorised capital. This streamlined and simplified the evaluation process for investors to evaluate companies. The distinction between authorised and issued share capital can at times be misleading. However, the removal of the concept of authorised capital has made it much easier for companies to distinguish between the two […]