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?
Employment,Hong Kong,Personal,Regional Law

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 […]

HONG KONG: The Competition Tribunal handed down a judgment on market sharing and price fixing for the first time
Business,Business Advice,Hong Kong,Regional Law

Reading Time: 6 minutesIntroduction On 17 May 2019, the Competition Tribunal (the “Tribunal”) handed down two decisions for the enforcements actions initiated by the Competition Commission (the “Commission”), comprising Competition Commission v Nutanix Hong Kong Limited and Others [2019] HKCT 2 and Competition Commission v W. Hing Construction Company Limited and Others [2019] HKCT 3. Both cases involved breach of the first […]

HONG KONG: CFA clarifies the proper approach for interpreting “Red Flag” Reports
Business,Business Advice,Hong Kong,Regional Law

Reading Time: 5 minutesIntroduction In Moody’s Investors Service Hong Kong Ltd v Securities and Futures Commission (SFC) [2018] HKCFA 42, the Court of Final Appeal (“CFA”) dismissed an appeal brought by Moody’s Investors Service Hong Kong Ltd (“Moody’s”) in relation to SFC’s disciplinary action concerning a report entitled “Red Flags for Emerging-Market Companies: A Focus on China” (the “Report”).  We […]

HONG KONG: Former dental officer awarded substantial damages in compensation for injuries sustained due to excessive workload
Employment,Hong Kong,Personal,Personal Injury,Regional Law

Reading Time: 5 minutesIntroduction In the recent case of Yeung Lai Ping v Secretary for Justice [2019] HKCFI 881, the government has been ordered to pay nearly HK$21 million in compensation to a former dental officer, who had to retire from civil service nearly 20 years ago, after she suffered severe injuries to her right wrist due to excessive workload. […]

HONG KONG: Employment dispute concerning payment of contract-end gratuity arising from inappropriate statements made at forum
Employment,Hong Kong,Personal,Regional Law

Reading Time: 6 minutesIntroduction Previously in “Can an Employer Consider an Employee’s Work Performance in Deciding Whether to Pay Contract-end Gratuity to the Employee?”, the application of a contractual term in relation to whether gratuity payment can be subject to the employer’s opinion of an employee’s “satisfactory completion” of an employment contract is discussed in light of the […]

HONG KONG: Inadequate passage plan could amount to unseaworthiness of the vessel
Business,Hong Kong,Maritime,Regional Law

Reading Time: 5 minutesIntroduction Under Article III rule 1 of the Hague Rules (which apply to contracts of carriage), the carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to make the ship seaworthy. In the recent case of Alize 1954, CMA CGM SA v Allianz Elementar Versicherungs AG and Others [2019] EWHC […]

HONG KONG: Court of Final Appeal confirms “obtaining access to computer with a view to dishonest gain” should not apply to a person’s own devices
Business,Cybersecurity,Data Protection,Hong Kong,Regional Law

Reading Time: 4 minutesIntroduction The wide interpretation of the charge of “obtaining access to computer with a view to dishonest gain for himself or another” under section 161(1)(c) of the Crimes Ordinance (Cap 200) (the “s.161(1)(c) Charge”) was considered in the Court of First Instance (“CFI”) in Secretary for Justice v Cheng Ka Yee and others[2018] HKCFI 1809, which was […]

Parties to arbitration in Hong Kong can apply for interim measures in Mainland China
Business,Hong Kong,Regional Law

Reading Time: 3 minutesBackground Under the Hong Kong’s existing Arbitration Ordinance (Cap. 609), the parties to arbitral proceedings in other places, including Mainland China, may apply to the courts of Hong Kong for interim measures. However, under the Arbitration Law and Civil Procedure Law of Mainland China, only parties to arbitrations seated in Mainland China and administered by […]

HONG KONG: Can an internal non-legal representative of a litigant be a member to a confidentiality ring?
Business,Business Advice,Data Protection,Hong Kong,Regional Law

Reading Time: 4 minutesIntroduction Taching Petroleum Company Limited (“Taching”) and Shell Hong Kong Limited (“Shell”) have respectively sold industrial diesel oil to Meyer Aluminium Limited (“Meyer”) and sue for the diesel oil purchase price. In its defence, Meyer argued that Taching and Shell have colluded to fix the price or exchanged price information in breach of the First […]

香港:知识产权争议能否透过仲裁解决?
Business,Hong Kong,Intellectual Property,Regional Law

Reading Time: 1 minutes随着全球知识产权交易日益增加,人们更需要高效的争议解决程序。为推动香港成为知识产权交易枢纽及国际知识产权仲裁及调解中心,律政司于2015年12月发布了《2016 年仲裁(修订)条例草案》咨询文件,旨在了解是否需要就知识产权争议的仲裁问题修订法例。目前,香港既没有具体法例条文、亦没有权威性的判例清楚说明,香港法律是否承认涉及知识产权争议的仲裁结果。香港法例第609章《仲裁条例》并无说明哪些种类的主题事宜可透过仲裁解决。

HONG KONG: The SFC’s most severe disciplinary actions taken against sponsors
Business,Business Advice,Environment,Hong Kong,Regional Law

Reading Time: 7 minutesIntroduction On 14 March 2019, the Securities and Futures Commission (“SFC”) reprimanded and fined UBS AG and UBS Securities Hong Kong Limited (collectively, “UBS”), Merrill Lynch Far East Limited (“Merrill Lynch”), Standard Chartered Securities (Hong Kong) Limited (“Standard Chartered Securities”) and Morgan Stanley Asia Limited (“Morgan Stanley”) a sum of HK$375 million, HK$128 million, HK$59.7 […]

香港:如何避免婚前资产纳入离婚程序?
Divorce and Child Custody,Hong Kong,Personal,Regional Law

Reading Time: 1 minutes香港的楼价持续高昂,有能力自置物业组织爱巢的年轻情侣或新婚夫妇并不多,因此近年出现一种现象,就是子女婚后与伴侣跟其中一方的父母同住,或者由父母「资助」子女置业的首期。

在离婚案件中,如何判断婚前资产的真正实益拥有人,往往是个棘手的问题。在YKYM v YMCT [2013] HKEC 487一案中,家事法庭就需要裁断双方在伦敦的婚姻居所究竟是母亲送给儿子和媳妇共同享有结婚礼物,还是只是交由他们以信托形式代她持有。