Corporate

Maintenance and champerty – litigation funding agreement and assignment of cause of action – whether champertous D1–2, a solicitors’ firm and a barrister respectively, were alleged to have...
August 2015
Mark Stevens, Partner, Mayer Brown JSM The Government recently announced that the Contracts (Rights of Third Parties) Ordinance (the “Ordinance”) will come into force on 1 January 2016....
July 2015
Liquidation – private examination of officer of company pursuant to s.221 – whether jurisdiction to order examination in relation to subsidiaries of company – whether reasonable to order examination...
July 2015
Order for production of documents under s. 221(3) – meaning of documents “relating to the company” narrower than wording of s. 221(1) in respect of examination on oath on matters “concerning the...
May 2015
No provision as to time for repayment of loan – time when cause of action accrued X and Y were long-time friends and business associates. X claimed that on 1 June 2005, he made a loan to Y’s...
May 2015
Registration of charge – s. 347 conferred power to rectify not only statement of particulars, but also instrument creating or evidencing charge itself C sought rectification of a misstatement in...
April 2015
Lee Mason, Assistant Professor of Law, University of Hong Kong Introduction As noted in the February issue of Hong Kong Lawyer, the Legislative Council has recently passed the Contracts (Rights...
March 2015
Company law – winding-up – proof of debt – debt based on unpaid solicitors’ fees – whether to be admitted as proof for voting purposes under r. 125 – debt unliquidated and hence not to be admitted –...
March 2015
Company law — unfair and prejudicial conduct — whether proper regard to petitioner’s rights, proper corporate practice and requirements of free television station licence — appropriate relief in...
March 2015
Lee Mason, Assistant Professor of Law, University of Hong Kong Introduction On 26 November 2014, the Legislative Council passed the Contracts (Rights of Third Parties) Ordinance (the “...
February 2015
Contract law — illegality — whether breach of statute rendered contract illegal — matter of statutory construction P2 obtained judgment against D1 for an outstanding loan. P2 claimed that D1 had...
January 2015
Legal News The Securities and Futures Commission (“SFC”) recently released a new Survey on the Sale of Non-exchange Traded Investment Products. The survey, which was based on responses...
December 2014
Legal News On 15 December 2014, the Securities and Futures Commission (“SFC”) published its Quarterly Report summarising key developments from July to September 2014. Some of the...
December 2014
Jeckle Chiu, Partner, Juliana Lee, Professional Support Lawyer, Mayer Brown JSM Hong Kong Exchanges and Clearing Limited (“HKEx”) recently published its long-awaited “Concept Paper...
November 2014
An enduring problem for lawyers and the business community in China has been the absence of a national on-line company registry, but as of 1 October 2014, this will change. The Chinese government...
November 2014
Contract law – agreements for sale and purchase of shares – action for breach of warranties, fraudulent misrepresentation and under indemnity clause – defences struck out for disclosing no reasonable...
November 2014
Company law — unfair and prejudicial conduct — petition under s. 168A seeking buyout order — winding-up order sought in alternative — prayer for winding-up struck out as no good reason identified in...
October 2014
Written by Reuters In its latest move to improve stock market conditions, China has issued a draft of new rules to get loss-making companies or those in violation of regulatory practices to delist...
August 2014
Unfair and prejudicial conduct — prayer for winding-up order struck out for having no realistic prospect of success The plaintiff (“P”) and respondent (“R”) held the majority of shares in company...
March 2014