Legal Trivia Quiz #63

1. According to the Personal Data (Privacy) Ordinance (Cap. 486), upon being aware of any data breach, a data user is ____________________ to the Privacy Commissioner for Personal Data or the data subject_:

A.   required to report the data breach within one month
B.   required to report the data breach as soon as practicable 
C.   not obligated to report the data breach

2. Which of the following defences in Contract law is considered to be an “illegitimate species of estoppel” where there is no requirement to establish reliance, unconscionability, representation and detriment?

A.   Proprietary estoppel
B.   Promissory estoppel
C.   Contractual estoppel

3. Which organisation’s anti-dumping agreement governs the application of anti-dumping measures by its member countries?

A.   WIPO
B.   WTO
C.   UNCTAD
D.   TDC

4. Which of the following contracts (written and signed by the parties) might be found unenforceable (and depending on the details, may even be found illegal) in Hong Kong?

A.   Barter agreements
B.   Surrogacy agreements
C.   Loan agreements with an interest rate of 30 percent per annum

5. Which of the following intellectual property rights need not and in fact cannot be registered in Hong Kong in order to enjoy protection in Hong Kong?

A.   Trademarks
B.   Patents
C.   Copyrights
D.   Designs

6. In the context of import and export procedures, which incoterm fits the following scenario: the seller bears the costs and risks in delivering the goods to the designated place; clears the goods for both exporting and importing; carries out the relevant import custom formalities; and bears responsibility for the payment of any VAT if applicable.

A.   FOB
B.   CIF
C.   DAP
D.   DDP

7. Although Hong Kong has not signed the 1951 UN Refugee Convention, it has roughly 7,000 asylum seekers. Known to be as one of the highest rejection rates in the world, the rejection rate for asylum seekers in Hong Kong is approximately ____.

A.   60 percent
B.   70 percent
C.   80 percent
D.   90 percent
E.   99 percent

8. Which well-known snooker player arrived in Hong Kong in 2018 on a tourist visa and ended up being prosecuted for offering private snooker lessons during his stay in Hong Kong?

A.   Ronnie O’ Sullivan
B.   Stephen Hendry
C.   Jimmy White
D.   Stephen Lee
E.   John Higgins

9. In international arbitration, which of the following might generally not be allowed to represent parties, draft legal submissions, argue points of substantive law and advise on the arbitral procedure?

A.   Barristers
B.   Solicitors
C.   In-house legal counsel
D.   Foreign registered lawyers
E.   Non-lawyers
F.   None of the above​


Contest Rules:

To be eligible to win a bottle of Ch. Roquettes 2010 (Grand Cru) or Ch. Tour Baladoz 2006 (Grand Cru) from Global Vintage Wines Centre, please send your quiz question answers to navin.g.ahuja@thomsonreuters.com. The first reader to respond with the most correct answers, with no more than 3 incorrect responses, will be deemed the winner. The decision of Thomson Reuters regarding the winner is final and conclusive.

Legal Trivia Quiz #62 Winner:
There was no winner of last month's Legal Trivia Quiz #62​


Answers to Legal Trivia Quiz #62

1.C.   Generally, the CISG is automatically applicable to disputes where all the parties to the contract are from CISG countries in the context of international sale of goods, regardless of whether the parties are aware of the existence of the CISG or whether the parties have agreed on a particular choice of law unless the parties have expressly opted out of the CISG.

2.B.   Professor Adrian Briggs described the decision in Chaplin v Boys as: “… their comments were not necessary to the decision, and were in fact regrettable and, on the point on which there were required to reach a conclusion…they were so obscure and spoke with so many different tongues that the case has no ratio at all”.

3.A.   René Descartes

4.C.   Phishing

5.B.   Section 11(2) of the Control of Exemption Clauses Ordinance (Cap. 71) states: “As against a person dealing as consumer, liability for breach of the obligations arising from section 15, 16 or 17 of the Sale of Goods Ordinance (Cap. 26) (seller’s implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose) cannot be excluded or restricted by reference to any contract term.”

6.B.   Montgomery v Lanarkshire Health Board [2015] UKSC 11: held that the Bolam test does not apply todisclosure of information or risk.

7.A.   True

8.C.   163 States have ratified the New York Convention. It has 16 Articles and is 5 pages long.

9.C.   India generally recognizes only those that are ‘notified countries’ in its Official Gazette.

 

Jurisdictions: 

Lead Legal Editor, Hong Kong Lawyer