HONG KONG: A US short-seller was held liable for disseminating a false online research report about a Hong Kong listed company

Reading Time: 6 minutesIntroduction A US short-seller, Mr Andrew Left (“Mr Left”) of Citron Research, was held liable by the Market Misconduct Tribunal (“MMT”) in August 2016 for publishing false or misleading market information about Evergrande Real Estate Group Limited (“Evergrande”) (Stock Code: 3333). In February 2019, the Court of Appeal (the “CA”) dismissed Mr Left’s appeal against […]

Vietnam: When subsidiaries go bankrupt – can creditors “seek compensation” from parent companies?

Reading Time: 6 minutesIt is normal and recommended to allow a subsidiary which operates ineffectively and falls into insolvency to go bankrupt for the sake of a healthy business environment. However, except for subsidiaries which are only the front companies to conceal non-transparent or illegal business activities of parent companies, the bankruptcy of an enterprise causes losses to […]

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The Hong Kong Court’s Approach to Child Custody Relocation Cases

Reading Time: 7 minutesAs an international finance centre, families from all over the world relocate to Hong Kong for work purposes. In the event that the relationship between the parents break down, can one of them simply return home with his or her children? Parental removal of a child from one country to another may amount to child […]

Hong Kong: Is the test for “substantial connection” for the declaration of parentage the same as that for matrimonial proceedings?

Reading Time: 4 minutesIntroduction In respect of initiating proceedings for divorce in Hong Kong, section 3(c) of the Matrimonial Causes Ordinance (Cap. 179) requires either of the parties to have substantial connection with Hong Kong. There is a line of divorce cases showing that the Courts in determining whether a connection is substantial would take all relevant factors […]

The law on demotions in Hong Kong

Reading Time: 3 minutesA demotion normally involves a reduction in rank or status, or a decrease in job responsibilities and/or salary. An employer may wish to demote an employee for a variety of reasons including poor performance, capability and/or as an alternative to termination. Regardless of the reason for the demotion, an employer should be careful when demoting […]

Vietnam: May the buffalo sue the tractor?

Reading Time: 5 minutesThe panel hearing the case between Vinasun and Grab appears to be taking the more prudent approach before giving a ruling. It has adjourned the first-instance hearing until 22/11/2018; to have more time to verify and collect evidence before providing its conclusion regarding the alleged VND41 billion damage suffered by Vinasun. However, whatever the result […]

Thailand Tax Alert: Thailand Moves to Revoke ROH, IHQ and ITC Tax Incentive Programs

Reading Time: 2 minutesIn compliance with the obligations to implement OECD/BEPS reforms, Thailand’s Cabinet has just announced the complete cancellation of all tax benefits granted under three longstanding and significant BOI incentive programs: Regional Headquarters (ROHs), International Headquarters (IHQs), and International Trade Centers (ITCs). According to the attached translation of the official announcement, all tax incentives granted under these programs […]

香港:第二次机会──推翻认罪答辩的法律原则

Reading Time: 1 minutes在某些罕见情况下,被告人虽然有代表律师,但在作出认罪答辩前未获其律师提供适当意见(或被告人并无代表律师),则被告人可能需要以认罪答辩含糊为由,申请推翻其答辩。在最近HKSAR v Chan Chi Ho Lincoln [2018] HKCFA 64一案中,终审法院澄清了规管法院就被告人申请推翻认罪答辩而行使酌情权的原则。

Vietnam: “Battle” against plastic carrier bags: Experience from England

Reading Time: 5 minutesIncreasing the environmental protection tax rate in regards to production from VND40,000 up to VND200,000/kilogram of produced plastic carrier bags as drafted by the Ministry of Finance appears to only make an impression on figures. Since the end of the period of 2014-2016, during a training course at a UK university, I have witnessed an […]