Warren Ganesh

Senior Consultant, Smyth & Co in association with RPC

There is a line in the famous song of the same title that goes something like: “The love we share, seems to go nowhere”. Not only is there an industry out there of such things as “Telephone Scams...
19 April 2017
The Securities and Futures Commission’s recent circular to licensed corporations and associated entities on anti-money laundering and counter financing of terrorism (“AMLCFT” or “AMLCTF”) comes...
16 March 2017
What In January 2017 the Financial Services and the Treasury Bureau of the government published a consultation document “Enhancing Anti-Money Laundering Regulation of Designated Non-Financial...
7 February 2017
As noted in previous editions of “Industry Insights” (eg, August and September 2016), disputes regarding without prejudice communications are not uncommon in Hong Kong – a...
10 January 2017
“Ladies’ Night” was the title of a hit song in 1979 by Kool & the Gang. The purported practice of “Ladies’ Night” provides some of the background to the recent case of Yiu...
7 December 2016
At the time of writing, Bank of China (Hong Kong) Ltd v Ho Chi Lui & Ors [2016] HKEC 1877, HCA No. 10239/1999 (note the year), is the latest reported case that applies the test for...
7 November 2016
Organized and Serious Crimes Ordinance (Cap. 455) (“OSCO”), s. 25(1): “Subject to s. 25A, a person commits an offence if, knowing or having reasonable grounds to believe that any...
14 October 2016
In Ahmad v Her Majesty’s Advocate [2015] HCJAC 82, a Scottish appeal court queried whether a law firm had sufficiently robust internal procedures in place to ensure that a decision to...
7 October 2016
The principle that “fraud unravels all” (whether judgments, contracts or other transactions) is one that is familiar to lawyers. In the recent case of Hayward v Zurich Insurance Co. Plc...
13 September 2016
In a series of recent judgments handed down by the Court of Appeal in Hong Kong, an issue arose as to the rate of pre-judgment interest awarded on damages for non-personal injury civil claims, in the...
8 August 2016
Allegations of “mis-selling” have been a familiar theme in the handful of investor disputes that have gone to trial in Hong Kong since the financial crisis*. In legal jargon these allegations centre...
8 August 2016
As we reported in the March 2016 edition of the Hong Kong Lawyer (“Anti-suit Injunctions and Delay”), in Re Sea Powerful II [2016] 1 HKLRD 1032 the first instance court...
11 July 2016
In Wong Yim Man v Wong Ho Ming [2016] HKEC 930, a deputy judge of the High Court recently held that the defendant’s written settlement offer was not a properly constituted sanctioned offer, for the...
14 June 2016
In the excitement that followed the Court of Appeal’s landmark judgment in Citic Pacific Ltd (No. 2) [2015] 4 HKLRD 20, concerning the wide ambit of legal advice privilege (particularly, as...
6 May 2016
In an interesting recent case, Pa Sam Nang v HSBC Ltd [2016] HKEC 573, HCA 1020/2015, the Court of First Instance refused to grant summary judgment in favour of a customer against a bank,...
6 May 2016
Judged by their frequency of use, the procedural regime for sanctioned offers and sanctioned payments has arguably been a success (Rules of High Court and District Court, O. 22). Civil litigation...
6 April 2016
What is Predictive Coding? Predictive coding refers to the review of electronically stored documents by computer software using algorithms (ie, computerised instructions based on an initial review...
5 April 2016
The ultimate beneficiaries of the Court of Appeal’s landmark judgment in Citic Pacific Ltd v Secretary for Justice (No. 2) [2015] 4 HKLRD 20 are corporations and their in-house lawyers...
9 March 2016
News of contraventions of the Securities and Futures Ordinance by two locally admitted solicitors caught the headlines earlier this year. One with respect to s.291 of the Ordinance (“Insider Dealing...
9 March 2016
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