Hong Kong: Claiming damages in addition to setting aside void disposition in insolvency

Reading Time: 5 minutesIntroduction Section 284 of the Insolvency Act 1986, which is the equivalent of section 42 of the Bankruptcy Ordinance (Cap. 6), provides that where a person is adjudged bankrupt, disposition of property made by that person in the period from the day of the presentation of the petition to the vesting of the bankrupt’s estate […]

Hong Kong: A glimpse of hearing at Hong Kong’s Trade Marks Registry

Reading Time: 5 minutesIntroduction Whilst trade mark infringement and passing-off are common areas of dispute in the courts in Hong Kong these days, contentious matters arising from or in connection with trade mark registration, such as opposition to registration, request for a declaration of invalidity in respect of a registered trade mark which did not qualify for registration […]

Variation of a Mareva injunction may not override legitimate interests of third parties

Reading Time: 6 minutesIntroduction In Securities And Futures Commission v Mo Shau Wah And Others [2018] 3 HKLRD 356, the Court of Appeal (“CA”) dismissed an appeal brought by Mo Shau Wah (“Mo”) in relation to a Mareva injunction obtained against her in proceedings brought by the Securities and Futures Commission (“SFC”), against the dismissal of her application for an […]

Hong Kong: Gay civil servant wins final appeal on spousal benefits for husband

Reading Time: 7 minutesIntroduction We discussed the judgment of the Court of First Instance (“CFI”) in Leung Chun Kwong v Secretary for the Civil Service and Another [2017] CFI 736; HCAL 258/2015 and also its appeal judgment of the Court of Appeal (“CA”) ([2018] HKCA 318; CACV 126/2017) respectively in our Newsletters June 2017 and June 2018 issues. This year, the appellant (“Mr Leung”) […]

Does removing an insolvent party from a joint venture infringe the anti-deprivation rule?

Reading Time: 5 minutesIntroduction The Court of First Instance analysed whether a clause within a joint venture agreement between a company in liquidation and an interested party should be void for being classified as “disposition” under section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32). Build King Construction Ltd (“BK”) formed a joint venture […]

The importance of the use of languages in determining the intended coverage of arbitration clause

Reading Time: 8 minutesIntroduction It is not uncommon that parties to a commercial agreement include an arbitration clause to govern the way in which dispute is settled. In Giorgio Armani SpA v Elan Clothes Co Ltd [2019] HKCFI 530, in deciding an application by the plaintiff seeking the continuation of an anti-suit injunction against the defendant from taking any further […]

Indonesia: Indonesia Plans to Have E-Litigation

Reading Time: 2 minutesThis year, the Supreme Court of the Republic of Indonesia is planning to implement the e-litigation system for the first time in Indonesia. Such implementation is a breakthrough for court proceedings in the country, because e-litigation would allow the disputing parties to submit or exchange court documents (e.g. statement of claim, reply, response, rebuttal and […]

Myanmar Legal Update: Deployment of Employees in Myanmar

Reading Time: 2 minutesEmployment law in Myanmar is still a work in progress. Rather than a single labour code, a patchwork of labour legislation covers different aspects of the employment relationship. Currently, the rules and regulations regarding foreign workers are regularly changing and requirements by the authorities may vary from application to application. We understand that the Ministry […]

DDoS attack – cybercrime for misusing a victim’s computer through the victim’s website

Reading Time: 4 minutesIntroduction In a recent case HKSAR v Chu Tsun Wai [2019] HKCFA 3, the Court of Final Appeal (“CFA”) set out the basis to which a cyber-attacker may be found guilty for damaging the other’s property by misusing the victim’s computer through the victim’s website. Background On 12 October 2014, Mr Chu Tsun Wai (“Mr Chu”) took […]

Cambodia Tax Update: Tax Treaty with Hong Kong Signed

Reading Time: 2 minutesCambodia has signed a Double Taxation Agreement (DTA) with Hong Kong on the 26th of June 2019 as announced by the Secretary for Financial Services and Treasury, Mr James Lau, on behalf of the Hong Kong Special Administrative Region Government. Under the DTA, double taxation will be avoided in that any tax paid in Cambodia […]