Variation of a Mareva injunction may not override legitimate interests of third parties
Criminal and Litigation,Hong Kong,Regional Law

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
Employment,Hong Kong,LGBTQ,Marriage,Personal,Regional Law

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?
Business,Hong Kong,Insolvency,Investments,Legal Contracts,Regional Law

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 […]

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 […]