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

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

An employer agrees to a clause in an employment contract requiring it to pay an employee two years’ salary if it terminates the employee’s employment within the first three years of the contract. Can that employer later terminate the employee and seek to avoid paying the two years’ salary by claiming that the clause is … Read more

A recent Hong Kong Court of Appeal decision examined a creditor’s right to commence bankruptcy/insolvency proceedings where the petition debt arises from an agreement containing an exclusive jurisdiction clause in favour of a foreign court: Guy Kwok-Hung Lam v Tor Asia Credit Master Fund LP [2022] HKCA 1297. The Court of Appeal overturned the first … Read more

The Hong Kong District Court has provided a timely reminder to employers of the importance of ensuring that fair and proper processes are followed in the handling of sexual harassment complaints. In this case, a male employee accused by a co-worker of sexual harassment succeeded in arguing that his termination by the employer amounted to … Read more

In a recent Hong Kong District Court decision Chow Kai Yan v Kingsway Cars T Service Ltd [2022] HKDC 165, the Court confirmed that an employee who suffered a stroke at work had not sustained an “injury by accident” which would entitle him to statutory compensation under the Employees’ Compensation Ordinance (Cap.282) (ECO). This case … Read more

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