ArticleDirectors Guilty Of Fraudulent TradingUnder section 275 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, if during the winding-up of a company liquidators discover that the business was carried...Hong KongCriminal LawTanner De Witt
ArticleLetting Other People Use Your Bank Account Could Put You In JailIn the recent case of HKSAR v 徐美儀 [2025] HKDC 1597, the defendant was convicted on two counts of conspiracy to deal with property known or believed to represent the proceeds of an indictable offence.Hong KongCriminal LawONC Lawyers
ArticleTrustee's Duty And Anti-Bartlett Clauses – The Ivanishvilli ReduxJust when trustees are feeling safe to go back into the water after the Hong Kong Court of Final Appeal spoke in Zhang Hong Li v. DBS Bank ..Hong KongWealth ManagementConyers
ArticleHerbert Smith Freehills Successfully Strike Out A HK$3 Billion Fraudulent Trading Claim Commenced Against An IPO Sponsor In Breach Of Mandatory Procedural RulesLast 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")...Hong KongCriminal LawHerbert Smith Freehills Kramer LLP
ArticleMaximize Growth Potential By Incorporating OffshoreEvery day, companies are being formed around the world for a variety of reasons. Incorporation produces a corporate entity which is separate from its owners, with its own legal rights and obligations.Hong KongWealth ManagementConyers
ArticleHong Kong Authorities Intensify Crackdown On White-collar Crime And Market Misconduct2024 was a year of active enforcement by authorities across all sectors in Hong Kong. The Securities and Futures Commission (SFC) intensified its focus on high-impact cases...Hong KongCriminal LawA&O Shearman
ArticleNew Criminal Offences Under The National Security Law And Its ImplementationThe Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region ("the NSL") formally takes effect from today. Hong KongGovernment, Public SectorHaldanes
ArticleAgents, Brokers And Intermediaries Beware: When Is It Not A Crime To Receive Commissions And Rebates After You Have Helped Someone?On 1 June 2020, the CFA handed down its decision in HKSAR v Chu Ang FACC No. 6 of 2019 (on appeal from HCMA No. 119 of 2018 [2020] HKCFA 18) allowing the prosecution's appeal and setting aside the lower courts' previous rulings ...Hong KongCriminal LawONC Lawyers
ArticleBeyond Deepfakes: Navigating Deeper AI RiskAI-enabled fraud and financial crime are evolving at unprecedented speed, outpacing traditional defenses. While regulatory cooperation is strengthening, organizations must build resilience through cultural foundations, governance redesign, and human-centered risk management rather than relying solely on technology or crisis response. Hong KongCriminal LawAlixPartners Asia LLC
ArticleHong Kong Ruling Favoured Email Fraud Victim Over Third Party Recipients Who Used Underground BankingIn typical email fraud cases, victims can rarely trace their funds to ‘first layer' bank account(s) where they were initially persuaded by fraudsters to transfer their money.Hong KongFinance and BankingMayer Brown
ArticleHow will Hong Kong's proposed new virtual asset licensing regime affect the industry?Proposed legislation aims to regulate VASPs to combat fraud and deceptive practices in transactions of "virtual assets".Hong KongFinance and BankingTimothy Loh LLP
ArticleHong Kong Court Of First Instance Rejects Police's Informal Freezing Powers Via Letters Of No ConsentIn the recent case of Tam Sze Leung & Ors v. Commissioner of Police [2021] HKCFI 3118, the Court of First Instance held that (1) the Commissioner of the Police acted ultra vires...Hong KongLitigation, Mediation & ArbitrationWinston Taylor
ArticleBusiness As Usual: Hong Kong Court Of Appeal Endorses The Use Of Letters Of No ConsentThe Court of Appeal recently overturned the Court of First Instance decision in Tam Sze Leung & Ors v Commissioner of Police [2023] HKCA 537 that the "letters of no consent regime (LNC Regime)...Hong KongLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleDon't Panic, Stay Calm: Legal Strategies For Addressing Coronavirus Phishing Scams In Hong KongAs COVID-19 or "coronavirus" spreads around the world, so are phishing scams or the infection of computer systems with malware through phishing emails and websites that appear to be related to ...Hong KongTechnologyMayer Brown
ArticleHong Kong Monetary Authority Issued Two Circulars To Authorized Institutions Regarding Payment CardsIn light of the increasing number of unauthorised payment card transactions involving frauds and scams recently, the Hong Kong Monetary Authority (HKMA) issued two Circulars on 25 April 2023...Hong KongTechnologyMayer Brown
ArticleRecent Hong Kong Court Decision On A Bank's Liability On Its Employee's Fraudulent ConductsWhat happens when a Bank's customer loses money due to a fraud perpetrated by an employee of the Bank? What, if any, remedies does the defrauded customer Hong KongFinance and BankingBryan Cave Leighton Paisner
Article‘No Consent' Procedure Confirmed Lawful By Hong Kong Court Of AppealIn Tam Sze Leung and others v. Commissioner of Police [2023] HKCA 537, the Hong Kong Court of Appeal (CA) has overturned the lower court's decision that found the ‘No Consent' procedure...Hong KongLitigation, Mediation & ArbitrationMayer Brown
ArticleEvolution Of Electronic Fraud In Hong KongIn the past 50 years, we have seen a lot of changes in the ways people communicate with each other and conduct transactions. Emails and telephone messages have become commonplace. Payments can be made instantly with the click of a few keys.Hong KongMedia, Telecoms, IT, EntertainmentHaldanes
ArticleFirst Person To Be Imprisoned Under The Hong Kong Personal Data (Privacy) OrdinanceFor the first time since the Personal Data (Privacy) Ordinance came into force in 1996, an individual has received a jail sentence for breach of the PDPO.Hong KongPrivacyMayer Brown
ArticleHong Kong Authorities Escalate Coordinated Action On Market Misconduct, Cyber Risks And Virtual Asset FraudHong Kong's regulators are active, coordinated, and increasingly expectations‑driven. Businesses should be prepared for assertive use of statutory powers...Hong KongTechnologyA&O Shearman