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Maples and Calder has ‘a competitive edge as far as Cayman funds are concerned’, where there are ‘highly specialised partners with a profound understanding of multi-lateral matters and well-qualified, promising associates’. The team recently enhanced its presence in Hong Kong through the arrival of six new lawyers. At partner level, Gareth Griffiths relocated from the firm’s Cayman Islands outfit and the ‘great-to-work-with’ Michael Gagie joined from Harney Westwood & Riegels, where he was managing partner of the Hong Kong office. In 2010, the team advised Winsway Coking Coal Holdings on a HK$4.2bn global offering and primary listing of shares on the main board of the Hong Kong Stock Exchange, after it was announced in 2009 that companies incorporated in the BVI are allowed to list in Hong Kong. For corporate matters, managing partner Christine Chang is recommended, and for investment funds, Spencer Privett has ‘profound knowledge of the legal frameworks and a very fast understanding of client operational needs’.

Stand-out offshore law firmWalkers advises on investment funds, finance, corporate and insolvency matters, and is praised for its willingness to go the extra mile’ and ‘investment in client relationships’. A number of associate arrivals and partnership promotions took place during 2010 and 2011, and the Hong Kong investment funds group now has a new head in the ‘technically strong and commercially savvy’ Denise Wong. Wong recently acted as Cayman Islands counsel to MGM China Holdings on its $1.5bn Hong Kong IPO, which is one of the largest gaming IPOs globally. For corporate and finance matters, Andy Randall is a ‘preeminent offshore lawyer and a pleasure to work with’. On the insolvency side, the ‘personable and responsive’ Fraser Hern was recently promoted to partner and continues to act as BVI and Cayman Islands counsel to the liquidators of Lehman Brothers Commercial Corporation Asia on a variety of issues.

The best choice for advice on Bermuda law’, Conyers Dill & Pearman has been in Hong Kong for over 25 years and delivers ‘good quality work products and practice advice from a commercial perspective’. The firm is highly regarded for transactional work and advises on the laws of multiple jurisdictions (now including those of Cyprus). The group was recently instructed by Tongjitang Chinese Medicines Company on the first privatisation of a Cayman company listed on a US exchange to use the merger provisions in the Companies Law, introduced in 2009. Work highlights also feature advice on a raft of IPOs and representing China Unicom on its $1.823bn convertible bonds issuance. The team is led by the ‘very experienced and knowledgeable’ Lilian Woo, and Christopher Bickley is also a ‘great resource, combining precise legal analysis and practical advice’.

Impressing with a ‘very good level of service’, Ogier expertly advises on all aspects of BVI, Cayman and, more recently, Guernsey and Jersey law. The firm enhanced its Hong Kong offering in 2010, through establishing a new private client and trust practice, headed up by leading Guernsey and BVI trust specialist Marcus Leese, addressing the needs of the growing number of high-net-worth individuals in Asia. Headline work for the Hong Kong group included acting as Jersey counsel for a syndicate of banks acting as underwriters on the $59.2bn IPO of Glencore International’s London and Hong Kong listing. The ‘very smart and creative’ James Bergstrom recently took over as Hong Kong managing partner, following his relocation from the Cayman Islands office.

Commended for its response times, business acumen and in-depth legal knowledge, Appleby has a broad coverage of offshore jurisdictions and is strong for finance and transactional work. The four-partner group recently acted as Jersey counsel for the Aluminium Corporation of China, the world’s second largest primary aluminium producer, on its entry into a joint venture with leading international mining group Rio Tinto. Frances Woo leads the Hong Kong office and is recommended alongside Judy Lee (‘a very pragmatic, insightful and efficient lawyer’, who offers ‘great commercial understanding and excellent client service’).

Harney Westwood & Riegels dealt with the loss of Michael Gagie to Maples and Calder by transferring global managing partner Richard Peters to run the Hong Kong office. The firm has also reinforced its commitments to litigation, and in April 2011, Ian Mann relocated from the BVI office and was appointed Asia head of litigation. Mann is an English barrister and experienced advocate of the offshore courts, and has established a practice group, which primarily handles contentious trusts and PRC-based shareholder disputes. The group also handles banking and finance, investment funds, private equity and corporate and commercial work for clients such as HSBC and Citigroup.

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Legal Developments in Hong Kong

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  • LIABILITY FOR DIRECTORS OF LISTED COMPANIES – NOT JUST FOR FRAUD

    Article by Timothy Loh and Sherry Xiao
  • Hedge fund euthanasia?

    Are the Courts sealing the fate of struggling hedge funds too early or should they be given further time to recover and realize their potential for investors? 
  • A Brief introduction to an amendment of the 2008 Patent Law

    New provisions: "Prior Art" refers to an art publicly known within and outside the country before the filing date; while Prior Design refers to a design publicly known within and outside the country before the filing date. Prior Art include arts that are being publicly disclosed in publications worldwide, publicly used or made known to public in the country in any other manner before the filing date (or priority date, in case a priority is claimed)
  • BVI Securities and Investment Business Bill 2010 receives its first reading

    The long-awaited Securities and Investment Business Bill, 2010 (commonly referred to as “SIBA”) received its first reading by the BVI House of Assembly on 18 March 2010. This follows public consultation in Summer 2009.
  • Cayman Investment Company Obtains Chapter 15 Protection in the United States

    The United States’ Bankruptcy Court for the District of Delaware has recognised the liquidation of a Cayman company, Saad Investments Finance Company (No5) Limited (“SIFCO5”) (an SPV established to operate as an investment company), as a “foreign main proceeding” under Chapter 15 of the United States’ Bankruptcy Code.
  • BVI to update Intellectual Property laws

    As the British Virgin Islands continues to play a vital role in facilitating global trade and investment, it turns its attention to helping its more than 60,000 new companies per year build a business environment where innovation can be a key economic driver. Towards this end, the BVI Financial Services Commission (the “FSC”), which is the public body with responsibility for, among other things, administering the intellectual property laws of the BVI, announced on 5 January 2010 the establishment of a Focus Group to review and revise the existing IP laws
  • BRITISH VIRGIN ISLANDS CORPORATE ARRANGEMENT SCHEMES

    With a global economic downturn in full swing, companies around the world are looking for ways to safeguard their future existence. The strategies employed to do so are numerous and varied but a number of companies have employed the use of corporate arrangement schemes entered into with their creditors, investors and other stakeholders as a way to refocus and preserve their business.
  • A Primer to Buying Securities Firms, Asset Managers, Insurers and Banks

    The meltdown in global financial markets has triggered a consolidation of the financial services industry as securities firms, asset managers, insurers and banks alike spin-off assets and restructure their operations to shore up capital. These transactions are often global in nature, involving substantial Hong Kong operations. In this article, we review the basic Hong Kong legal and regulatory framework for these transactions and present some lessons learned.
  • The PCCW Privatization: A Guide to the Applicable Law for Schemes of Arrangement

    Allegations of share splitting in the proposed privatization of PCCW have raised an important question as to how the statutory majority to approve a scheme of arrangement should be determined. This question is significant both in the short-term for investors trading PCCW and in the long-term in the context of future schemes of arrangement. In this article, we  examine the applicable laws and regulations with a view to providing hedge funds and other investors with guidance.
  • New Proposals to Regulate Mis-Selling of Investment Funds & Structured Products in Hong Kong

    The recent global financial crisis has resulted in an upswing in regulatory action throughout world markets. In Hong Kong, the Securities and Futures Commission (“SFC”) has proposed a slew of new requirements, some of which have already been implemented retroactively and without industry consultation. In this article we examine these ongoing developments in SFC policy and their effectiveness in reaching a fair balance between investor protection and costs to the investor and the financial industry.

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