Industry Insights

For shares in a BVI company held personally or via a nominee arrangement, such shares will be effectively frozen upon the passing away of individual shareholders. A BVI grant is required to transfer...
October 2018
Email fraud and online scams have been particularly prominent in the news of late. These are serious crimes and justify reporting to the relevant law enforcement authorities. In addition, as a...
October 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....
October 2018
Editor’s Note: For the first two parts of this series, please see the Industry Insights section in the Hong Kong Lawyer’s August and September 2018 issues. EAt the foundation of each transaction...
October 2018
The Court of Appeal held in Re Legend International Resorts [2006] 2 HKLRD 192 that the ‘primary purpose of appointing provisional liquidators must always be the purposes of the winding-up’, not for...
October 2018
Shareholders’ disputes are one of the most common causes of business failures. It is particularly true when doing business in Asia, where foreign investors often face cultural differences, local...
October 2018
Back in 1998, the Review Body on Bid Challenges was set up pursuant to the Agreement on Government Procurement under the World Trade organization (WTO GPA), which enables Suppliers to guard...
September 2018
As observed in previous Industry Insights, recent debate about third party funding has focused on arbitration in Hong Kong (and mediations covered by the Mediation Ordinance). However, the...
September 2018
The Hong Kong Monetary Authority (HKMA) has fined Shanghai Commercial Bank Ltd $5 million (US$640,967) and reprimanded it for breaching anti-money laundering and counter terrorist financing rules...
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...
September 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...
September 2018
In the recent judgment of HKSAR v Chan Ka Chun (陳家俊)[2018] HKCFA 31, the Court of Final Appeal allowed the appeal, quashed the appellant’s drug trafficking conviction and ordered a re-trial...
September 2018
Whilst the Plaintiffs in HCA 1980 of 2015 ultimately decided to pay the Defendant’s full costs and discontinue the case before making it to trial (i.e. a surrender, not a settlement), the...
September 2018
The Hong Kong Competition Tribunal, which hears all cases regarding violations of Hong Kong’s competition law, recently issued a decision addressing (1) the general contours of discovery in...
August 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...
August 2018
HCA 1980 of 2015 was in many ways the jurisdiction’s first cryptocurrency-based litigation. The action was commenced by the largest developer of bitcoin mining hardware in PRC. On the other-side was...
August 2018
Introduction A derivative action is an action commenced by one or more minority shareholders on behalf of a company in respect of loss or damage which that company itself has suffered. Such a...
August 2018
By a resolution of the Legislative Council, pursuant to s. 73A of the District Court Ordinance (Cap. 336) and published in the Government Gazette (29 June 2018 – L.N. 131 of 2018), increases to the...
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...
July 2018
On 17th October 2017, the United Nations Commission on International Trade Law (‘UNCITRAL’) Secretariat acknowledged at the 2nd UNITRAL Asia Pacific Judicial Summit that the Convention on Contracts...
July 2018