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 […]

The CFA clarifies the relationship between “bribery” and “misconduct in public office” in Donald Tsang’s case

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 […]

Myanmar Tax Update: Significant Changes Under the New Tax Administration Law

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 […]

Lawyer Feature: Pham Duy Khuong of ASL Law

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 […]

What marketers and business owners should know about the Thailand’s Personal Data Protection Act (PDPA)?

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 […]

Myanmar Legal Update: Foreign Companies Allowed to Export Certain Local Products

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 […]

Can employers rely on “team based” commission and team leader bonus already paid to employees to deduct sickness allowance, holiday pay and annual leave pay payable to employees?

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 […]

香港:医疗疏忽——医生应向病人披露多少治疗风险资料?

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。

Myanmar Legal Update: INGOs & NGOs Conducting MFI Activities Must Be Registered as Companies and Re-Apply for Microfinance Business License

Reading Time: 2 minutesOn 4 June 2019, the Financial Regulatory Department (“FRD”) issued a letter (“Letter”) directing International Non-Governmental Organizations (“INGOs”) and Non-Governmental Organizations (“NGOs”) which carry out microfinance activities to register as companies and re-apply for Microfinance Business Operation Licenses (“MFBOL”). The FRD had previously issued MFBOLs to 3 INGO groups, 16 NGO groups, 47 foreign companies, […]

Myanmar Legal Update: New Set of Interest Rates for Microfinance Institutions

Reading Time: 2 minutesAmong recent developments happening in the banking and finance sector, the Microfinance Business Supervisory Committee (“MBSC”) issued Directive 1/2019 (the “Directive”). This Directive lays down a new set of interest rates which shall be followed by all microfinance institutions operating in Myanmar. Under the new Directive, the interest rate for microfinance loans shall be charged […]