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  • Article

    Advertisement Of Unauthorised Investments – Court Of Final Appeal Clears Up Professional Investors Exemption Under SFO

    The CFA's judgment usefully clarifies the construction of the Exemption for investment advisers.
    Hong KongFinance and Banking
    Mayer Brown
    Mayer Brown
  • Article

    Grave Offences – Sale Of Cemetery Sites By Bankrupt Individual Is A Transfer At Undervalue With Intent To Defraud Creditors

    In Yeung Lui Ming v Tang Mo Lin Irene [2019] HKCFI 1848, the Hong Kong Court of First Instance set aside a sale of cemetery sites and a transfer of shares by a bankrupt individual on the basis that they constituted...
    Hong KongInsolvency/Bankruptcy/Re-Structuring
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
  • Article

    Hong Kong Court Decision On Unfair Preference And Issue Estoppel In Liquidation Proceedings

    In RZ3262019 Limited (in Liquidation) v Zhou Ying Investments Group Limited and others [2025] HKCFI 4350, the Hong Kong Court considered key issues concerning...
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Legal Update: Compensation And Disqualification Order Granted Against A Company Officer Who Did Not Receive Misappropriated Funds

    Does it excuse misconduct in the eyes of a securities regulator if the company officer did not personally profit from and receive misappropriated funds? John Lee of Tanner De Witt explains that the Securities and Futures Commission of Hong Kong ("SFC") will still enforce.
    Hong KongLitigation, Mediation & Arbitration
    Tanner De Witt
    Tanner De Witt
  • Article

    Court Cannot Backdate The Date Of Seal On A Claim Form

    In Walton v Pickerings Solicitors & Anor [2023] EWCA Civ 602, the Court of Appeal overturned the High Court's decision and held that the Court has no power to backdate a claim form and must seal it
    Hong KongLitigation, Mediation & Arbitration
    Norton Rose Fulbright Hong Kong
    Norton Rose Fulbright Hong Kong
  • Article

    Riot Ruling Gives Courts Greater Certainty

    A landmark Court of Final Appeal judgment has provided welcome clarity on the question of prosecutions for unlawful assembly and rioting, ruling that the doctrine of "joint enterprise" does not apply but stressing that anyone involved –
    Hong KongCriminal Law
    Ally Law
    Ally Law
  • Article

    Giant Leap Forward For LGBTQ Rights In Hong Kong: Sham Tsz Kit V Secretary For Justice

    The Hong Kong Court of Final Appeal ruled this week that the government was in breach of fundamental rights under the Hong Kong Bill of Rights by failing to provide a framework...
    Hong KongGovernment, Public Sector
    Withers LLP
    Withers LLP
  • Article

    Courts In England And Hong Kong Order Immediate Prison Sentence And Restate Serious Consequences Of Disobeying Disclosure Orders

    In recent weeks, courts in England and Hong Kong have taken the opportunity to set out the serious consequences that follow from deliberately breaching disclosure orders made in the context
    Hong KongLitigation, Mediation & Arbitration
    Hogan Lovells
    Hogan Lovells
  • Article

    Hong Kong Court Refuses Set Aside, Rejects Public Policy Challenge

    In Paloma Co. Ltd. v. Capxon Electronic Industrial Co. Ltd [[2018] HKCFI 1147], the Hong Kong Court of First Instance rejected a public policy challenge ...
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    How Should Liquidators Deal With A Request To Deliver Up Documents After Being Discharged From Office?

    After the liquidators are discharged from office in the liquidation of a company, the company may ask the liquidators to return the documents kept by them as liquidators.
    Hong KongLitigation, Mediation & Arbitration
    ONC Lawyers
    ONC Lawyers
  • Article

    Section 25 Employees' Compensation Recovery Claims

    The Hong Kong District Court recently departed from its previous approach to dealing with Section 25 Employees' Compensation (EC) Recovery Claims. Specifically, EC legal costs will not be subject...
    Hong KongLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Vesting Orders Are Back In Vogue – Hong Kong Court Of First Instance Confirms Ability To Help Victims Of Cyber Fraud

    The Hong Kong Court of First Instance has ruled twice in recent weeks that it does have the jurisdiction to grant a vesting order under section 52(1)(3) Trustee Ordinance (Cap.29).
    Hong KongLitigation, Mediation & Arbitration
    Hogan Lovells
    Hogan Lovells
  • Article

    Legal Developments In Construction Law: October 2015

    A construction contract may not need to be in writing but there still needs to be a contract.
    GlobalReal Estate and Construction
    Mayer Brown
    Mayer Brown
  • Article

    Remote Hearings In Hong Kong's High Court During COVID-19

    Gall recently acted for the Plaintiff in Hong Kong's first telephonic hearing in Cyberworks Audio Video Technology Limited v Mei Ah (HK) Company Limited & Ors which was a milestone in the Judiciary's
    Hong KongCoronavirus (COVID-19)
    Gall
    Gall
  • Article

    Court Of Appeal Considers The Approach To Assess A "Material Adverse Change"

    In Decision Inc Holdings Proprietary Ltd v Garbett [2023] EWCA Civ 1284, the Court of Appeal considered whether the High Court erred in finding that the sellers of a company had breached a warranty...
    Hong KongCorporate/Commercial Law
    Norton Rose Fulbright Hong Kong
    Norton Rose Fulbright Hong Kong
  • Article

    The Hong Kong Court Reiterates That A Company Remains Only A Nominal Party In Unfair Prejudice Petitions Fought Between Its Shareholders

    Unfair prejudice petitions are a means for minority shareholders to seek redress against a shareholder said to be in control of the company, on the basis that the latter has caused the company's...
    Hong KongCorporate/Commercial Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Hong Kong District Court Strikes Out Discrimination Claim Against Judges

    Hong Kong's District Court (the "Court") in 庄裕安 v 关淑馨及另二人 [2018] HKDC 1589 struck out the Applicant's discrimination claim against the Respondents, who were the judges who dismissed the Applicant's appeal...
    Hong KongEmployment and HR
    Mayer Brown
    Mayer Brown
  • Article

    Investment Adviser Held Liable for Negligence in Relation to Investment Losses

    A recent decision by the High Court in Hong Kong could have a significant impact on independent financial advisers ("IFAs") who may have previously believed they were safe from being held responsible for losses due to market conditions.
    Hong KongFinance and Banking
    Angela Wang & Co.,
    Angela Wang & Co.,
  • Article

    Hong Kong Court Dismisses Challenge To Arbitral Award Alleging Arbitrator's Sleeping And Hostility

    In the recent decision of CNG v G & Ors [2025] HKCFI 3598, the Hong Kong Court of First Instance upheld an arbitral award, dismissing an unusual application to set it aside.
    Hong KongLitigation, Mediation & Arbitration
    ONC Lawyers
    ONC Lawyers
  • Article

    Hong Kong Court Finds Exhibiting Documents Referring To Without Prejudice Correspondence May Amount To Waiver

    Without prejudice ("WP") privilege protects a party's genuine attempt to settle a dispute by preventing communications made in that connection from being admitted as evidence in court.
    Hong KongLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Showing 61–80 of 256 results

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