Last week, the Hong Kong Court struck out a fraudulent trading claim brought by the liquidators (the “Liquidators“) of China Metal Recycling (Holdings) Limited (“China Metal“) against one of its sponsors (the “Sponsor“) on the ground that it was brought as a High Court Writ action (the “Action“), in breach of the mandatory statutory requirement … Read more

“Not your keys, not your crypto” – whilst this may sound like first principles to crypto users and fintech is part of our ordinary daily lives, the concepts and related terminologies may still be unfamiliar to some, including judges. In a recent case concerning the use of an allegedly tampered hardware wallet, the Hong Kong … Read more

In a recent English High Court decision, Tulip Trading Limited v Bitcoin Association for BSV [2022] EWHC 2 (Ch) and [2022] EWHC 141 (Ch), the Court refused the claimant’s request for security for costs to be paid in Bitcoin. This is the first English case where a party to litigation has sought to provide security in the form … Read more

In Tam Sze Leung & Ors v Commissioner of Police [2021] HKCFI 3118, the Court of First Instance found the longstanding practice of the Hong Kong Police in effecting an informal freeze against bank accounts through the use of “letters of no consent” (the No Consent Regime) to be unconstitutional. The No Consent Regime as operated … 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

The recent case of AB Club Ltd & Anors v Chan Yin Ki Cubie & Anors [2020] HKCFI 2769 reinforces the need for speed when seeking to enforce post-employment covenants. Any undue delay, even if only a matter of weeks, may mean a Court refuses to grant an interim injunction. Read more

In a recent ground-breaking decision, the Hong Kong Court of First Instance sanctioned a new mode of ordinary service of court documents.  Coleman J held that any document, as long as it is not an originating process or one required to be served personally, may be served by access to an online data room with … Read more

In SS Precast Sdn Bhd v Serba Dinamik Group Bhd & Ors (Civil Suit No. BA-22C-6-03), the High Court considered the validity of the remote hearing of three applications conducted through Skype during the enforcement of Malaysia’s Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) Regulations 2020 (“Movement Control Order”). The decision … Read more