A busy start to 2021 for Hong Kong employers with a number of new changes coming into effect or on the horizon. The Government has recently announced that employers can now seek reimbursement for the additional statutory maternity leave which came into effect in December 2020. From next month, new mothers will also benefit from … Read more

We have seen now different countries rolling out various COVID-19 vaccinations. Employers and employees are keen to see some sort of semblance of how things were or at least a lifting of restrictions, but with such novel vaccines there are many questions that are still unanswered. By now, many Hong Kong employers will have established … Read more

In the recent case of Luk Wing Yan v CMB Wing Lung Bank Ltd [2021] HKCFI 279, the Hong Kong Court of First Instance (the “Court”) found that the defendant bank (the “Bank”) was not liable for losses caused to an investor arising out of investments offered by an employee of the Bank which turned … Read more

The Malaysian Federal Court has given new guidance on when the separate personality of a company, or the “corporate veil”, can be disregarded or pierced to fix liability on its shareholders or controllers. Previously, Malaysian courts would only pierce the corporate veil where a company was used to commit actual or equitable fraud. The Malaysian … Read more

The English High Court has dismissed an application for an injunction to prevent an airline group from making demands under bank-confirmed standby letters of credit (SBLCs), securing aircraft leases granted to the claimant (a budget passenger airline), on the basis that it was not sufficiently arguable that the leases were frustrated due to the effects … Read more

In the recent case of A1 and Another v. R1 and Others [2021] HKCFI 650, the Court of First Instance has, for the first time in a reported Hong Kong judgment, granted a Norwich Pharmacal order for disclosure relating to bank accounts held in overseas branches of banks incorporated in Hong Kong. Herbert Smith Freehills … Read more

A recent pair of decisions of the Hong Kong Companies Court (the “Court”) has immense potential significance for debtor companies listed on the Stock Exchange of Hong Kong (“HKEx”) and their Hong Kong creditors. Facts Re Lamtex Holdings Ltd [2021] HKCFI 622 and Re Ping An Securities Group (Holdings) Ltd [2021] HKCFI 651 both involved a familiar factual … Read more

Since Indonesia announced its intention to terminate and replace “all of its 67 bilateral investment treaties” (BITs) in 2014, the State has actively re-negotiated several BITs. Starting with some of its largest trading partners in the region, Indonesia signed new BITs with Singapore in 2018 and Australia in 2019. On 9 March 2021, the Agreement … Read more