Editor’s Note

The Magna Carta enshrined the right for a man to be punished only pursuant to the “lawful judgement of his equals”. However, in recent years, jurisdictions across the world are grappling with jurors’ misuse of the internet during court proceedings, with the Internet ultimately posing a threat to the integrity of the jury system. The Criminal Law article in this issue examines HKSAR v Chan Huandai, which highlights problems of running jury trials in the internet age and proposes possible solutions.

Elsewhere in our July issue, the Regulatory feature explores a host of issues lawyers face when preparing to list a company with a previous Securities and Futures Commission (“SFC”) investigation record, specifically addressing how lawyers can balance their duty to conduct proper due diligence (which requires a certain amount of disclosure) with their secrecy obligations under the Securities and Futures Ordinance. The Corporate Law piece discusses major challenges of succession that family business leaders face and then proposes governance structures that lawyers can devise for them to better ensure the succession process goes smoothly.

Our Legal Markets article offers an appraisal of the UK’s Alternative Business Structure (“ABS”) regime since it was introduced in 2007. While its impact thus far has been more muted than initially feared, the author encourages lawyers not to be complacent, as many ABS, especially the Big 4, could have a significant impact over the next five years, as they challenge traditional business models and offer new services to clients.

Also, for readers wishing to add trust law to your practice or those in need of a trust law reference manual, we have included a Book Review of James Kessler QC, Thelma Kwan and Philip Munro’s new book Drafting Trusts and Will Trusts in Hong Kong, which is the first book published that is entirely devoted to explaining the ins and outs of drafting Hong Kong trusts. 

Editor, Hong Kong Lawyer
Legal Media Group
Thomson Reuters