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 […]
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 […]
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 […]
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 […]
Reading Time: 5 minutesIntroduction In our previous newsletter “Donald Tsang’s Conviction Sheds Light on the Offence of Misconduct in Public Office”, we discussed the conviction in February 2017 of Mr Donald Tsang Yam-kuen (“Tsang”), the former Chief Executive of Hong Kong (the “Chief Executive”), of the charge of misconduct in public office. Tsang first appealed to the Court […]
Reading Time: 3 minutesIn early 2019, the Ministry of Electricity and Energy (“MOEE”) announced that it would soon be calling a new round of international tenders for 18 onshore and 15 offshore oil and gas blocks expected to take place in early 2019. The tender round was subsequently delayed and is now anticipated to occur in Q3 or […]
Reading Time: 2 minutesOn 7 June 2019, the Union Parliament (“Pyidaungsu Hluttaw”) enacted Law No. 20 otherwise known as the Tax Administration Law (“TAL”). This TAL is one of the major pieces of tax legislation being introduced in Myanmar as part of the Internal Revenue Department’s (“IRD”) tax reform program. This Law aims to modernize and provide guidance […]
Reading Time: 4 minutesJointly organised by Asia Law Network together with the Law Society of Singapore, the Singapore Corporate Counsel Association and our Australian Counterparts, AlphaCreates and ASEAN Legal Tech Association, the Insider Guide to Legal in Singapore saw Anthony as one of the delegates who came by Singapore for the event. One of the event’s foreign delegates was lawyer […]
Reading Time: 5 minutesThailand has adopted the principals of the EU General Data Protection Regulation (“GDPR”). The Personal Data Protection Act (“PDPA”) legislation was approved and published in the Royal Gazette on May 27, 2019. A one-year grace period has been given, while the committee and office are being formed, so there is only a short time to […]
Reading Time: 2 minutesOn 6 June 2019, the Ministry of Commerce (“MOC”) issued Notification No.24/2019 (the “Notification”) that allows foreign companies to export certain local products by exercising powers under Section 13 (b) of the Export and Import Law. In order to raise the quality of Myanmar exports, boost international demand for local goods and raise earnings for […]
Reading Time: 6 minutesIntroduction In a recent case Mak Wai Man v Richfield Realty Ltd [2019] HKDC 358, the District Court clarified whether statutory entitlements (including sickness allowance, holiday pay and annual leave pay) payable to employee under the Employment Ordinance (Cap. 57) can be reduced by “team based” commission (the “Commission”) and team leader bonus (the “Bonus”) already paid […]
Reading Time: 1 minutes简介
医生通常在两种情况下须负上疏忽法律责任：第一是在施行医疗程序时疏忽；第二是在征求病人同意进行医疗程序时，未有向病人披露医疗程序的风险。
就上述第一种情况，我们在早前在〈医疗疏忽——认识医护人员对病人的责任〉一文中已探讨了如何采用Bolam测试确定须具备的谨慎责任的标准。至于第二种情况，由于英国最高法院在Montgomery v Lanarkshire Health Board [2015] UKSC 11一案中的裁决，Bolam v Friern Hospital Management Committee [1957] 1 WLR 582案中确立的传统测试（「Bolam测试」）在英国不再适用。
