Hong Kong

Hong Kong: Proposed changes to Laws impacting employers

In the 2018 Policy Address on 10 October 2018, the Chief Executive of the HKSAR Carrie Lam announced several key proposals in respect of benefits available to employees under Hong Kong law. Changes to the mandatory provident fund scheme in … Continue reading

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Filed under Employment, Hong Kong

Hong Kong Court Refuses Recognition of Mainland Award on Public Policy Grounds

On 18 October 2018, the Hong Kong Court of First Instance (Court) in Z v Y [2018] HKCFI 2342 refused to recognise an Award of the China Guangzhou Arbitration Commission by reason of public policy. Mimmie Chan J presided and … Continue reading

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Filed under Arbitration, Hong Kong

HONG KONG COURT CONFIRMS THAT A THIRD PARTY SECURITY HOLDER CAN EXCERISE ITS POWERS OF SALE OVER ASSETS DESPITE A MAREVA INJUNCTION PROHIBITING THE DISPOSAL OF THOSE ASSETS

In the recent case of China Merchants Bank Co Ltd, Taiyuan Branch v Cai Sui Xin (HCMP 2911/2016), the Hong Kong Court of First Instance (CFI) has confirmed that a security holder is entitled to exercise its power of sale … Continue reading

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Filed under Hong Kong

Hong Kong Court of First Instance upholds rule against litigation funding agreements

The Court of First Instance upheld the well-established common law rule against maintenance and champerty in the recent test case of Raafat Imam v Life (China) Co Ltd [2018] HKEC 2237. The decision confirms that litigation funding agreements will not … Continue reading

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Filed under Funding, Hong Kong

Recent developments in the Hong Kong Competition Regime

In this update, we discuss two recent developments in the Hong Kong competition regime: first, the third cartel case prosecuted by the Hong Kong Competition Commission (Commission) since the coming into force of the Competition Ordinance (Ordinance) in December 2015; … Continue reading

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Filed under Competition law, Hong Kong

Herbert Smith Freehills edits and contributes chapters to Getting the Deal Through – Financial Services Litigation 2018

There has been a significant rate of global growth of litigation in the financial services sector following the 2008 global financial crisis. While the existence of financial services litigation is truly a global phenomenon, it has become apparent that the … Continue reading

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Filed under Announcements, Financial Services Regulation, Hong Kong

HONG KONG: COURT OF FINAL APPEAL REJECTS POLICY ON DEPENDANT SPOUSAL VISAS FOR SAME-SEX COUPLES

A landmark decision of the Hong Kong Court of Final Appeal (CFA) has upheld the decision of the Court of Appeal (discussed here) that the Hong Kong Director of Immigration’s policy of refusing to grant dependant visas to same sex … Continue reading

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Filed under Constitution, Employment, Evidence, Government proposals and consultations, Hong Kong, Judicial review, Jurisdiction, Remedies

HONG KONG HIGH COURT PROVIDES GUIDANCE ON THE ENFORCEMENT OF MAINLAND JUDGMENTS IN HONG KONG

The Hong Kong Court of First Instance (“CFI“) recently handed down judgment in Export-Import Bank of China v Taifeng Textile Group Co. Ltd and Another [2018] HKCFI 1840, which concerns the enforcement of a Mainland judgment in Hong Kong. The … Continue reading

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Filed under China, Hong Kong, Interim applications

Latest bank victory – Hong Kong High Court dismisses mis-selling claim

The Hong Kong Court of First Instance has recently handed down its judgment in Shine Grace Investment Ltd v. Citibank, N.A. and Another (HCCL 28/2008), a case relating to alleged mis-selling of equity accumulator contracts by Citibank. In dismissing the … Continue reading

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Filed under Contract, Financial Services Regulation, Hong Kong

HONG KONG: UNLAWFUL DISMISSAL REINSTATEMENT RIGHTS FROM OCTOBER

Amendments to the Employment Ordinance (“EO“) which strengthen the Labour Tribunal’s (“LT“) powers to make an order for reinstatement or re-engagement where an employee has been unreasonably and unlawfully dismissed have been passed and are to take effect from 19 … Continue reading

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Filed under ADR, Employment, Hong Kong, Jurisdiction, Mediation, Mediation (General), Miscellaneous, Remedies