Good faith in bad times

Can a good faith obligation under PRC law preclude a party from bringing a winding up petition in Hong Kong? A recent Hong Kong Court of First Instance suggests not. In Harbor Prosper (HK) Investments Ltd v. Elegant Profit (Hong Kong) Ltd [2020] HKCFI 2261, the respondent to a winding up petition argued that it … Read more

HONG KONG: RECOVERING BONUSES FROM EMPLOYEES – PART 2

In a previous article we discussed circumstances where an employer may seek damages against an employee who has engaged in serious misconduct or been seriously negligent at work. In the recent case of Xu Yi Jun v GF Capital (Hong Kong) Ltd [2020] HKCA 663, the Court of Appeal considered whether it is permissible for … Read more

HERBERT SMITH FREEHILLS UPDATES ESSENTIAL GUIDE TO DISPUTES CLAUSES IN CHINA CONTRACTS

Herbert Smith Freehills has launched the 8th edition of its guide, “Dispute resolution and governing law clauses for China-related commercial contracts‎”. Better known as “The Dragon Book“, this practical guide explains how Mainland Chinese law affects parties’ choice of law and dispute resolution in China-related contracts.‎ Join us for a launch webinar on Wednesday 9 … Read more

New guide to restructuring and insolvency in Mainland China

Restructuring and insolvency in China is evolving and investors must stay ahead of the latest developments. Our new guide, The Basics of Restructuring and Insolvency Law in Mainland China, provides an essential roadmap for both investors and practitioners. While offshore stakeholders have historically been cautious in engaging in onshore insolvency processes, recent developments demand a … Read more

Hong Kong court allows witness testimony by video conferencing amid COVID-19

The Hong Kong High Court (the “Court”) allowed an urgent application by the defendant for him and his wife to give evidence in trial by videoconference (“VCF”) (the “Application”) in the recent case of Au Yeung Pui Chun v Cheng Wing Sang [2020] HKCFI 2101 (handed down on 10 August 2020). The Application was brought … Read more

Three requirements for winding up foreign company restated by Hong Kong Court of Appeal

The long-running saga between Shandong Chenming Paper Holdings (“Shandong Chenming“) and Arjowiggins HKK2 Ltd (“Arjowiggins“) has continued with the Court of Appeal handing down its judgment on an appeal against a lower court judgment which had dismissed Shandong Chenming’s application to injunct Arjowiggins from presenting a winding-up petition against Shandong Chenming (Shandong Chenming Paper Holdings … Read more

Arrangement between Hong Kong and Macao for mutual service of judicial documents in civil and commercial cases comes into force

The much-awaited Arrangement for Mutual Service of Judicial Documents in Civil and Commercial Cases between the Hong Kong Special Administrative Region and the Macao Special Administrative Region (the “Arrangement”), which was signed three years ago on 5 December 2017, will come into force tomorrow, 1 August 2020.  We previously reported on the proposed arrangement on … Read more

PAPERLESS HONG KONG – BILL FACILITATING ELECTRONIC COURT FILING PASSED

On Friday 17 July 2020, the Court Proceedings (Electronic Technology) Bill (Bill) was passed after a second and third reading shortly before the current Legislative Council term ended that night.  The Bill was gazetted on 27 December 2019 and passed through the First Reading stage on 8 January 2020. No information is yet available as … Read more