Editor's Note December 2018

Hong Kongers would agree that the Occupy Central Movement in 2014 has changed the relationship between the police and the public, regardless of whether they supported or opposed the protest.

Since the movement, tension between the public and the force has become a focal point of the media and the society. The appointment of Anthony Neoh as the Chairman of the Independent Police Complaints Council (IPCC) was seen by many as a move to help the force recover from a public confidence crisis following criticism around their handling of major protests.

In our “Face to Face” interview with Neoh, he shared his goals and visions for the IPCC, his opinion on NPCSC’s interpretation of the Basic Law and his insights on establishing Hong Kong as an international legal services center. Having served the city for more than half a century, this veteran lawyer has a lot to offer in his new role.

Now onto the feature stories. The first discusses how bid-rigging and joint tendering would be assessed under Hong Kong’s Competition Ordinance. Joint tendering is a common practice in the city, but there seems to be little discussion to date about the boundaries of its legality under the Competition Ordinance. It is a topic I think legal practitioners in this area would find informative.

The second article explores the Z v Y [2018] HKCFI 2342 case, whereby the Court of First Instance refused to enforce an award on public policy grounds because there was evidence showing that the underlying agreement had been “tainted by illegality”, and the award had given insufficient reasons for their decision to the contrary.

In the third feature, Professor John Wade from Bond University shares his insights on the differences between Early Neutral Evaluation and Evaluative Mediation.

Finally, the annual readers’ survey is currently underway and we are keen to receive your feedback. Please fill in the online survey using the QR code below and stand a chance to enjoy free coffee!

Please enjoy the issue!

Anthony Wong
Lead Editor, Hong Kong Lawyer
Legal Media Group Thomson Reuters

Lead Editor, The Hong Kong Lawyer