Features

  How should the court deal with an insolvency petition founded solely on an alleged debt that is the subject of an arbitration clause? The dynamics between arbitration clauses and insolvency...
May 2020
Just like SARS, a viral respiratory disease which claimed hundreds of lives back in 2003, recent investigation reveals that the primary source of the new virus behind COVID-19 is likely to be bats...
May 2020
  When a Mainland Chinese business fails, what happens to its assets outside of Mainland China? Are they dealt with piecemeal in satellite insolvency proceedings or can they be brought under...
May 2020
Currently, listed issuers in Hong Kong are required to appoint a company secretary to discharge compliance and reporting obligations owed to the Stock Exchange of Hong Kong (“the Exchange”). Listing...
April 2020
In the February 2020 issue, we discussed how one might go about managing the property and affairs of persons with mental incapacity, in particular under Parts II and IV of the Mental Health Ordinance...
April 2020
Two recent HK High Court cases may have opened the door to relaxing HK’s legislative restrictions on surrogacy and possibly formal law review and reform. The issue of criminal liability under s. 17...
April 2020
On 18th October 2019, the High Court of Hong Kong handed down judgment on a judicial review challenging the definition of marriage, namely MK v the Government of HKSAR (HCAL 1077/2018)....
March 2020
I have appeared in a complicated Order 14 with a number of points of law in the case, and An Interim Payment Case of modest complexity. In each case the Master has refused effectively to give written...
March 2020
In October 2019 I had the great pleasure and privilege of appearing2 in the Hong Kong Court of Final Appeal on behalf of the successful Appellants in the anxiously-awaited appeal in Zhang...
March 2020
This article examines the Court’s view on the use of confidential documents and information obtained by ‘self-help’ means. During a relationship, it is common for couples to allow each other to...
February 2020
In light of the ageing population and increased life expectancy for both males and females in Hong Kong, there is a growing need for lawyers practising in the area of mental health, elderly and...
February 2020
Given the limitations of legal aid, it is not uncommon for claimants to give up the claim due to a lack of financial support even though there are sufficient grounds. Regrettably, litigation funding...
February 2020
With limited exceptions, companies seeking a listing for their equity shares in Hong Kong will normally also engage in a public offering that invokes the prospectus provisions of the Companies (...
January 2020
It is a known fact that children can suffer irreparable psychological damage on the breakdown of their parents’ relationship in circumstances where there is conflict. This of course ranges widely...
January 2020
The History of Cap. 481 In 1971, a wave of reforming legislation was introduced to regulate family and inheritance laws in Hong Kong in a bid to diminish the application of customary Chinese law...
January 2020
Each year, the Recreation and Sports Committee (“RSC”) invites nominations and applications from members for the Outstanding Performance Award (the “Award”) to commend those members under the Law...
December 2019
The parent of a child born out of wedlock may make a claim for child maintenance pursuant to s. 10 of the Guardianship of Minors Ordinance (Cap. 13) (“GMO”). There is no requirement in the GMO for...
December 2019
Third-Party Funding (TPF) is one of the popular topics in the international arbitration community in recent years. To date, TPF has been permitted in a number of jurisdictions, such as the United...
December 2019
There has been a heated debate over “shell creation” and backdoor listing (also known as “reverse takeover(s)”, “RTO(s)”) in recent years, which enables a potential buyer of the issuer to secure...
December 2019
In February 2019, the Hong Kong Securities and Futures Commission (SFC) announced that it had revamped its licensing forms and issued a new version of its Licensing Handbook. One of the changes...
November 2019