David Smyth

Partner, RPC

Given the importance of the legal profession, solicitors and the local bar to the development of the common law within “One Country, Two Systems”, applications for ad hoc admission by...
9 April 2019
Extract from Speech of The President of Law Society at Opening of Legal Year 2019: "… What triggered an overall review of the foreign lawyers’ regulatory regime in 2016 were the strong concerns...
1 February 2019
As previously noted in Industry Insights (August 2017 and June 2018), Re A is a rare example of a contested application for admission to the Bar pursuant to s. 27(1) of the...
9 January 2019
The Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance was enacted on 14 June 2017 and came into operation on 23 June 2017. Certain key provisions were not...
9 January 2019
Just like this Industry Insights, a Securities and Futures Commission ("SFC") 2018 year end litigation report might well be (sub-)titled "Taking Care Of Business". The expression might...
4 December 2018
"Hong Kong residents shall have the right to confidential legal advice, access to the courts, choice of lawyers for timely protection of their lawful rights and interests or for representation...
4 December 2018
In the Matter of an Application for Exemption from Submitting a Form 4 [2018] HKCFI 1901 may have slipped some solicitor principals' attention, although it was formally reported ([2018] 4 HKLRD 223...
9 November 2018
An Insight into the rationale for litigation privilege – "The second category of legal professional privilege is wider than the first, but arises only when litigation is in prospect or pending....
3 October 2018
Action to recover costs – “Subject to the provisions of this Ordinance, no action shall be brought to recover any costs due to a solicitor until 1 month after a bill thereof has been delivered...
5 September 2018
In the closing paragraph of the judgment in Re CW Advanced Technologies Ltd [2018] HKCFI 1705, the court had this to say about the lack of any statutory regime for cross- border insolvency...
5 September 2018
In Chang Wa Shan v Esther Chan Pui Kwan [2018] HKCFA 29, the Court of Final Appeal (among other things) declined to extend the common law defence of absolute privilege in the law of...
3 August 2018
It is commonly said that joint plaintiffs must be represented by the same solicitors. That is true to a point. However, the courts in Hong Kong have an inherent power to grant permission for separate...
9 July 2018
At the heart of the appeal before the Court of Final Appeal in Astro Nusantara International B V v PT Ayunda Prima Mitra [2018] HKCFA 12 was the appellant's application for time (pursuant...
9 July 2018
Sections 221(1) to (3) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) were repealed and (in effect) replaced with sections 286B and 286C, pursuant...
11 June 2018
If it is true that lawyers and judges (at the end of their careers) are judged by their contribution to the law then the state of legal professional privilege in England might suggest that a few have...
11 June 2018
In 2017 we reported that contested applications by overseas counsel for ad hoc admission to the Hong Kong Bar, pursuant to s. 27(4) of the Legal Practitioners Ordinance (Cap. 159), appeared...
17 May 2018
It pays to read the Law Society of Hong Kong circulars circulated to members each week. They contain important information that affect a lawyer’s practice. The headings of some circulars may sound a...
16 May 2018
Lasmos Ltd v Southwest Pacific Bauxite (HK) Ltd [2018] HKCFI 426, 2 March 2018, is another in a line of cases that demonstrate the pro-arbitration stance of the courts in Hong Kong. The case...
10 April 2018
For many readers (particularly, “couples” travelling through the customs channel from Hong Kong to the Mainland), the Court of Final Appeal’s judgment in HKSAR v. Lam Tan Ching [2018] HKCFA 1,...
6 March 2018
The recent case of Fung Hing Chiu v. Henry Wai & Co [2018] HKCFI 31 confirms that the High Court’s power to order the taxation of a solicitor’s bill, pursuant to s. 67 of the Legal Practitioners...
6 March 2018
Subscribe to RSS - David Smyth