myanmarlegal_asialawnetwork
Myanmar Legal Alert: Yangon Expressway, Land and Revenue Rights

Reading Time: 3 minutesOn 7 September 2018, the Ministry of Construction of the Union Government of Myanmar (“MOC”) officially opened the Request for Qualifications (“RFQ”) phase of the USD 400 Million Yangon Elevated Expressway Project (“the Project”). The Project is set to be one of the largest infrastructure projects ever undertaken in Myanmar and will take the form […]

Non-disclosure of conflicts of interest may be a crime in Hong Kong – procurement staff beware

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 […]

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 […]

Hong Kong_civil disobedience and assembling_asia law network
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 […]

awards in fatal accidents_asia law network_ONC
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) […]

performance bonds_asia law network
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 […]

common terms in sale and purchase agreements_asia law network
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 […]

director_duties_thailand_asia_law_network
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’ […]