Hong Kong

Arrangement on mutual taking of evidence between Hong Kong and Mainland

The Arrangement on Mutual Taking of Evidence in Civil and Commercial Matters between the Courts of the Mainland and Hong Kong (Arrangement) recently came into force on 1 March 2017, announced by the Department of Justice.  The Arrangement is introduced … Continue reading

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Filed under Announcements, China, Evidence, Hong Kong

Mediation in Hong Kong and the Global Pound Conference: article published

Julian Copeman, May Tai and Anita Phillips discuss their client research and the outputs of the recent Global Pound Conference to assess what is required to bring mediation into the mainstream for commercial parties in Hong Kong. Click here to access their article in Asian Dispute Review, … Continue reading

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Filed under ADR, Announcements, Hong Kong

Hong Kong Court considers the scope of expert evidence

In the first instance decision of Fo Shan Shi Shun De Qu Consonancy Investment Co Ltd v Yat Kit Jong [2017] HKEC 557, the Court took a dim view of a party's conduct in respect of expert directions. It held … Continue reading

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Filed under Evidence, Hong Kong

Equitable actions for accounts of monies subject to six-year limitation period by analogy

The Court of First Instance in Hong Kong has held that the six year limitation period specified in section 4(2) of the Limitation Ordinance (Cap.347) (LO) applies, by analogy, to an equitable claim by a company against its director(s) for … Continue reading

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Filed under Hong Kong, Miscellaneous

Widow removed as administratrix after persistent breaches in administering the estate

The Hong Kong Court has recently ordered the removal of an administratrix, who was the widow of the deceased, after finding she had misappropriated and converted the estate to her own use, repeatedly breached Court orders and had failed to … Continue reading

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Filed under Hong Kong, Private wealth and trusts

Hong Kong Court of Final Appeal quashes conviction of TVB manager in high profile bribery case

The Court of Final Appeal has handed down an important judgment regarding bribery charges against former TVB general manager and TV presenter, Stephen Chan and his assistant, Tseng Pei-kun. In a case spanning seven years, Chan and Tseng were twice … Continue reading

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Filed under Hong Kong

Recent SFC actions highlight increased regulatory focus on directors in Hong Kong, including INEDs

The Securities and Futures Commission (SFC) in Hong Kong has recently sought disqualification orders against listed company directors in a number of court actions commenced in the past few months.  The proceedings against the directors have been brought under section … Continue reading

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Filed under Financial Services Regulation, Hong Kong

Bank win confirmed by Hong Kong’s highest court

Last Friday, the Hong Kong Court of Final Appeal brought to a close the long-running case of DBS Bank (Hong Kong) Limited v Sit Pan Jit (FAMV 45/2016). The dispute concerned a claim by DBS Bank (Hong Kong) Limited (DBS) … Continue reading

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Filed under Financial Services Regulation, Hong Kong

Hong Kong Court of Appeal affirms law on express, constructive and resulting trust

The Hong Kong Court of Appeal ("CA") in Ip Fung Kuen v Sam Kee Frozen Meat Co Ltd and others (CACV 107/2016) recently affirmed the well-established principles of express, constructive and resulting trust under Hong Kong law. As well as … Continue reading

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Filed under Hong Kong, Private wealth and trusts

Hong Kong government launches two consultations on legislative proposals to enhance regime for combatting money laundering and terrorist financing

Earlier this month, the Hong Kong government launched two consultations on legislative proposals aimed at bringing Hong Kong in line with international standards for combatting money laundering and terrorist financing.  With a mutual evaluation of Hong Kong’s regime with other … Continue reading

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Filed under Financial Services Regulation, Hong Kong