Hong Kong: who owns employees’ work product

The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how the law can protect an employer’s rights in respect of such intellectual property from misappropriation … Read more

Hong Kong: immigration win for same-sex couple

In a landmark ruling, the Court of Appeal held that the Immigration Department’s visa policy, insofar as it denies same-sex couples eligibility for consideration for a dependant visa, breaches the right to equality enshrined in article 25 of the Basic Law. The Decision This case involved an application to the Immigration Department for a dependent’s … Read more

Hong Kong: How far does the Labour Tribunal’s duty to investigate extend?

Two recent Court of First Instance decisions in Hong Kong – Fung Tsun Tong v A Link Network (HK) Ltd (Fung Tsun Tong) and Vermeerbergen Peter Alfred v Swisstribe Ltd (Vermeerbergen) – explored the nature and extent of the Hong Kong Labour Tribunal’s inquisitorial role in employment disputes. In doing so, the court made it … Read more