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  • Article

    Rainbow Shines Into Hong Kong "Home Ownership Scheme" Flats

    Following the cases of QT v Director of Immigration (2018) 21 HKCFAR 324 (see our Quarterly Review here) and Leung Chun Kwong v Secretary for the Civil Service (2019)...
    Hong KongGovernment, Public Sector
    Mayer Brown
    Mayer Brown
  • Article

    Geoffrey L Berman (In His Capacity As Trustee Of The Lender Trust) V SPF CDO I, Ltd And Others

    The May 2010 decision of Harris J in Re Cyberworks Audio Video Technology Ltd [2010] caused some excitement among the insolvency community in Hong Kong.
    Hong KongInsolvency/Bankruptcy/Re-Structuring
    Tanner De Witt
Tanner De Witt
  • Article

    Hong Kong Court Issues Letter Of Request Under Mainland-Hong Kong Arrangement For Recognition In Respect Of Cayman Company

    In a further development to cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has issued a letter of request to ...
    Hong KongInsolvency/Bankruptcy/Re-Structuring
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Legal Update: Anti-Suit Injunction Restraining A Defendant In A Hong Kong Court Action From Continuing Proceedings It Commenced In The People's Court Of Beijing

    On behalf of China City Construction (International) Co., Limited (In Creditors' Voluntary Liquidation) ("CCCI") and Dingway Investment Limited (In Compulsory Liquidation) ("Dingway")...
    Hong KongLitigation, Mediation & Arbitration
    Tanner De Witt
    Tanner De Witt
  • Article

    Sanctions For False Statements Of Truth

    A court in Hong Kong has recently handed down significant custodial sentences (imprisonment) on two defendants who deliberately made or caused to be made false statements in court documents required to be verified by Statements of Truth.
    Hong KongLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    The Hong Kong Court Of Appeal Considers Constitutionality Of The Requirement To Disclose Suspicious Transactions

    In Interush Limited & Anor v The Commissioner of Police, the Commission of Custom & Excise and Mak Wing Yip Cyril, Superintendent of Police [2019] HKCA 70,
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Undivided Shares Acquired Through Adverse Possession Could Be Included In The Make-up Of Land Compulsory Sale Ownership Threshold In Hong Kong

    Under the Ordinance, only the person or persons who "owns" or "own" not less than 90% (or 80% in certain situations) of the undivided shares in a lot may apply for order for compulsory sale.
    Hong KongReal Estate and Construction
    Mayer Brown
    Mayer Brown
  • Article

    Collisions And Reserve Ships: Liner Operators Beware!

    The quantification of damages for the loss of use of a ship damaged in collision where her owner maintains and substitutes a reserve ship for his damaged ship came up for determination.
    Hong KongTransport
    Ince & Co
    Ince & Co
  • Article

    Avoiding Personal Liability – The Do's And Don'ts For Directors Of Almost-insolvent Companies

    For directors, the winding up of a company could be judgment day when their past misdeeds come back to haunt them.
    Hong KongCorporate/Commercial Law
    Gall
    Gall
  • Article

    Substituted Service Of HK Judicial Documents In Mainland China

    Given Hong Kong's status as a special administration region of China, there are in place special arrangements for the mutual service of judicial documents between the two jurisdictions.
    GlobalLitigation, Mediation & Arbitration
    Bryan Cave Leighton Paisner
    Bryan Cave Leighton Paisner
  • Article

    Hong Kong Court Of Appeal Decision Is Reminder To Review All Construction Contract Documents Carefully

    Commercial practicality and business common sense may take a backseat to the clear wording of contract documents, according to the Court of Appeal (CA) in a recent judgment regarding complex measurement rules (MR) in sub-contracts ...
    Hong KongCorporate/Commercial Law
    Mayer Brown
    Mayer Brown
  • Article

    The Hong Kong Court Of Appeal Affirms Employees' Unfettered Statutory Rights To Be Paid Their Entitlements

    In this Court of Appeal case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019), the Court considered whether an employer can withhold a bonus payment after the payment due date for reasons of ...
    Hong KongEmployment and HR
    Lewis Silkin
    Lewis Silkin
  • Article

    DBS Bank Case - Appeal Headed To The Highest Court In Hong Kong

    In Zhang Hong Li & Ors v DBS Bank (Hong Kong) Limited & Ors, FAMV 126/2018 (26 April 2019), the Hong Kong Court of Final Appeal granted leave to the defendants to appeal against the judgment ...
    Hong KongFinance and Banking
    Maples Group
    Maples Group
  • Article

    Guarding Against The Creation Of Statutory Trusts When Assigning Life Insurance Policies As Collateral

    Section 13 of the Married Persons Status Ordinance Cap 182 (MPSO) of Hong Kong creates a statutory trust in favour of beneficiaries who are the spouse or children of the life insured.
    Hong KongInsurance
    Mayer Brown
    Mayer Brown
  • Article

    Claims Notice Comes Back To Bite: Hong Kong Court Of Appeal Prevents Sub-contractor From Relying In Arbitration On Contractual Basis Not Previously Notified

    Maeda Corporation and China State Construction Engineering (Hong Kong) Limited v Bauer Hong Kong Limited
    Hong KongLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    "Good Arguable Case" – Threshold For Granting Freezing Injunctions Clarified

    In Dos Santos v Unitel SA, the English Court of Appeal clarified the threshold test of a "good arguable case" for granting worldwide freezing injunctions should be equivalent...
    Hong KongLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Plaintiffs With Claims History And Their Solicitors Beware! – Analysis Of Faisal v Ocean Park Corporation

    As such, the Court directed the present Judgment be referred to the Department of Justice and Law Society of Hong Kong for investigation.
    Hong KongLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Meaning of Practical Completion In Building Contracts

    Following the recent judgment of Hong Kong's Court of Final Appeal in the case of Mariner International Hotels Ltd v Atlas Ltd, the term ‘practical completion’ in Hong Kong building contracts is now arguably a legal term of art which means a state of affairs in which the works have been completed free from patent defects other than ones to be ignored as trifling.
    Hong KongStrategy
    Pinsent Masons
    Pinsent Masons
  • Article

    Hong Kong Court Holds That Trust Has More Advantages Than Gift For A Mentally Incapacitated Person

    Under the Mental Health Ordinance, Cap. 136 (the "MHO"), the court is empowered to make such orders as it thinks fit for, among other things...
    Hong KongWealth Management
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Insurers Not Presumed To Know Facts Merely Because They Are Available On The Internet

    The Court of Appeal in Hua Tyan Development Limited v. Zurich Insurance Company Limited [2012] 5 HKC 117 unanimously held that the insurer should not be presumed to have knowledge of matters that it could have discovered from public resources.
    Hong KongInsurance
    Mayer Brown
    Mayer Brown
  • Showing 121–140 of 256 results

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