Hong Kong: Court of Appeal confirms that standby days are not days off

The holiday season is soon approaching and excitement is bubbling with many in Hong Kong planning to travel and celebrate with loved ones. Many employers are putting in place logistical arrangements and coordinating work cover over the holidays which involve putting employees on standby to work if needed – read on for our discussion about … Read more

Hong Kong arbitration success fee regime fully in force

Lawyers can now offer success-based fee arrangements for work in Hong Kong on arbitrations and related proceedings. On 16 December 2022, Hong Kong enacted the outstanding sections of Part 10B Arbitration Ordinance, together with sub-legislation to regulate the new agreements. As a result, Hong Kong now boasts one of the world’s broadest legal success fee … Read more

Hong Kong Safety Snapshots – Confirmation of limits on statutory compensation for internal injuries

The Hong Kong District Court has re-confirmed that ‘internal’ injuries suffered by employees are not compensable under the Employees’ Compensation Ordinance (Cap. 282) (ECO) if they are not caused by an accident that happened at work. This issue arose in a recent Hong Kong District Court decision 馮应培 v CHINA STATE – SHUI ON JOINT VENTURE and Another … Read more


In Du Guorong v Bank of China International Limited and BOCI Securities Limited [2022] HKCFI 2777, the Hong Kong Court of First Instance offered its latest guidance on a defendant’s entitlement to security for costs in Hong Kong proceedings from a plaintiff ordinarily resident in the PRC. Notwithstanding the arrangements between the two jurisdictions related … Read more

Herbert Smith Freehills successfully strike out a HK$3 billion fraudulent trading claim commenced against an IPO sponsor in breach of mandatory procedural rules

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