NEW! 11/10/2009 2:24:25 AM EST
Posted by LexisNexis
Under the Air Pollution Control Ordinance (Cap 311), the Air Quality Objectives (AQOs) set out the targeted maximum levels of the numerous pollutants that affect air quality in Hong Kong. These pollutants are emitted from different sources and are thus regulated...
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11/9/2009 9:57:53 PM EST
Posted by LexisNexis
On 15 September 2008, Lehman Brothers Holdings Inc (LBHI) filed for Chapter 11 bankruptcy protection in New York which triggered the bankruptcy of the Lehman Brothers group of companies. It was the world’s largest ever bankruptcy. This had a number...
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11/9/2009 1:58:42 AM EST
Posted by LexisNexis
The 2009 Cross Strait Four Regions Lawyers Summit provides a great opportunity for prominent legal professionals from the Mainland China, Hong Kong, Macau and Taiwan to discuss trends and developments in the legal services industry in order to help build...
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11/8/2009 9:31:02 PM EST
Posted by LexisNexis
Public interest litigation (PIL) is an important tool for bringing about socio-economic change in many developed and developing countries. This type of legal action is brought by an applicant with no private interest in the subject matter of the case. He...
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11/6/2009 1:52:20 AM EST
Posted by LexisNexis
This article in two parts will attempt to describe, and constructively comment on, the current Hong Kong laws in respect of asset recovery and the closely associated offences of money laundering and the reporting thereof, with particular reference to legal...
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10/12/2009 10:55:55 PM EST
Posted by LexisNexis
The legal industry has often been accused of being slow to evolve. Be it billing processes, the adoption of time-saving technology or the perceived lack of flexible working practices, there is a view that the industry lags behind. However, the global financial...
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10/12/2009 11:41:58 PM EST
Posted by LexisNexis
Despite Hong Kong’s active entertainment industry, there is a scarcity of local case law relating to disputes between artists and their management as such cases are frequently settled before trial. The recent judgment by the Court of First Instance...
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10/12/2009 10:45:25 PM EST
Posted by LexisNexis
It is not uncommon to receive instructions from grandmother clients in respect of custody applications for their grandsons. However, there are few written judgments and no reported cases to provide clear authority as to such an applicant’s rights as...
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10/12/2009 10:40:17 PM EST
Posted by LexisNexis
In July this year, the Law Reform Commission (LRC) published a consultation paper seeking the public’s views on proposals to extend the existing restricted scope of an enduring power of attorney, which at present can only apply to decisions about the...
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10/12/2009 10:33:52 PM EST
Posted by LexisNexis
In recent weeks we have begun to see the first signs of improvements in the global economy. Much to everyone’s relief, the financial markets are reporting positive activity, major economies have moved out of recession, job losses have started to slow...
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10/12/2009 10:29:59 PM EST
Posted by LexisNexis
The State Council issued the ‘Outline of the Plan for the Reform and Development of the Pearl River Delta Region (2008-2020)’ (the Outline) this January, expanding the scope of affairs in which the Guangdong and Hong Kong governments can negotiate...
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9/7/2009 2:39:31 AM EST
Posted by LexisNexis
I moved to Hong Kong from Toronto, Canada in 1995 as a newly minted barrister and solicitor. I had studied refugee law and international human rights law at Osgoode Hall Law School and, given my wish to practice human rights law, I was fortuitous to have...
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9/2/2009 3:26:50 AM EST
Posted by LexisNexis
Hong Kong’s Civil Justice Reform, which took effect on 2 April 2009, was designed with the benefit of hindsight as to the successes and failures of the 1999 Woolf Reforms in England. One such success was Part 36 of the English Civil Procedure Rules,...
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9/3/2009 3:00:46 AM EST
Posted by LexisNexis
The Companies (Amendment) Law 2009 came into force in the Cayman Islands on 11 May 2009. The new law introduces Part XVA to the Companies Law (2007 Revision) to provide an additional means of effecting mergers and consolidations of Cayman Islands companies...
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9/3/2009 4:16:40 AM EST
Posted by LexisNexis
There has been considerable discussion in the general and legal media regarding the state of law firm business models and the need for innovation in the legal industry. Numerous consultants within the profession – including me – profess the need...
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9/4/2009 3:16:00 AM EST
Posted by LexisNexis
This July, the Law Society of Hong Kong held a series of seminars on foreign-related legal services for enterprises, in collaboration with the provincial lawyers associations of Jiangsu and Zhejiang and with China Council for the Promotion of International...
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9/4/2009 2:13:24 AM EST
Posted by LexisNexis
Mediation has been very much in the spotlight over the past year or so with the advent of Hong Kong’s Civil Justice Reform on 2 April 2009. Indeed, mediation as a concept is incorporated in the underlying objectives of Order 1A.4(2)(e) of the new Rules...
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8/7/2009 4:11:01 AM EST
Posted by LexisNexis
Recently, a lawyer visiting from Shanghai, after attending a few hearings in our courts, told me that she was very impressed by the attitude of the judges and practitioners here. In particular, she observed that they all seemed to deal with their cases very...
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8/6/2009 2:04:50 AM EST
Posted by LexisNexis
Many debtors and mortgagors have found themselves in default as a result of the economic downturn. Those forced into a corner are likely to explore all avenues to delay repayment or the surrender of mortgaged properties. These can include disputing a creditor's...
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8/5/2009 12:43:55 AM EST
Posted by LexisNexis
A range of recent developments have had far-reaching effects on the promotion of closer cooperation between legal communities in Guangdong and Hong Kong to provide cross-border legal services in such areas as investment, financing, M&A and listing. They...
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7/30/2009 2:54:49 AM EST
Posted by LexisNexis
There is, it seems, a growing dissatisfaction in the international legal services market, particularly from large corporate users of legal services. Some simply want cheaper service in recessionary times; others want more certainty about their budgetary commitment....
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8/4/2009 4:03:44 AM EST
Posted by LexisNexis
Robert Sawhney sets the scene in chapter one of Marketing Professional Services in Asia by citing that in Hong Kong alone there are over 10,000 professional services businesses employing over 80,000 professionals. The professional services sector - including...
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7/7/2009 3:36:55 AM EST
Posted by LexisNexis
In June 2008, a district court in Guangzhou ruled that Qiqihar No 2 Pharmaceutical Company Ltd, as well as two other companies and a hospital in Guangzhou, were to share responsibility for 14 deaths that resulted from counterfeit drugs. The civil award, a...
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7/7/2009 2:48:30 AM EST
Posted by LexisNexis
In February 2009, the Court of Final Appeal finally put to rest the issue of whether claims against a dishonest assister are subject to a limitation period in its decision in Peconic Industrial Development Ltd v Lau Kwok Fai [2009] HKCU 284 (FACV 17 &...
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7/6/2009 3:38:43 AM EST
Posted by LexisNexis
In its recent decision in China Field Ltd v Appeal Tribunal (Buildings) (No 1) [2009] 2 HKLRD 135; [2009] 2 HKC 182, the Court of Final Appeal has interpreted the 'as of right' ground of appeal contained in s 22(1)(a) of the Court of Final Appeal Ordinance...
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7/6/2009 2:17:41 AM EST
Posted by LexisNexis
These are tumultuous times for the aviation industry. Never before has the industry been confronted with such a confluence of events, lead amongst which is the seizure of the money markets resulting in a scarcity of liquidity, which has crippled the ability...
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6/5/2009 1:56:53 AM EST
Posted by LexisNexis
Hong Kong is unusual in that the Basic Law protects legal professional privilege (LPP) 'up front' by specifically identifying it as a constitutional right. Other jurisdictions have to be content with common law protection, or in gleaning the right to confidential...
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6/18/2009 1:32:54 AM EST
Posted by LexisNexis
This article, based on a talk given at the Commonwealth Law Conference in April, revisits the English Court of Appeal's decision in Three Rivers District Council v Governor and Company of the Bank of England (No 5) [2003] QB 1556 ( Three Rivers (No 5) or...
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6/4/2009 3:16:55 AM EST
Posted by LexisNexis
As a consequence of the economic downturn corporate practitioners are witnessing an increase in takeovers and mergers. Three recent cases highlight a range of issues that may arise in share acquisition transactions, the most common form of corporate takeover...
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6/3/2009 11:28:19 PM EST
Posted by LexisNexis
The current recession has focused attention once again upon the difficulties which arise in cross-border insolvency cases, and upon the extent to which the existing powers of the courts of any given country are sufficient to enable them to assist in the restructuring...
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6/2/2009 3:36:55 AM EST
Posted by LexisNexis
Sir Laurence Street, AC, KCMG, QC, HFAIB, KStJ, has had a long and distinguished career in and outside the law. He was called to the New South Wales Bar in 1951 and later took silk, before becoming an Equity Judge of the Supreme Court in 1965. In 1974 he...
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6/3/2009 2:40:02 AM EST
Posted by LexisNexis
Since the main text of CEPA was signed on 29 June 2003, there has been a series of supplements, including the recently announced Supplement 6 (CEPA 6), that incorporate further liberalisation measures on trade in goods and services between the Mainland and...
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5/4/2009 2:54:31 AM EST
Posted by LexisNexis
Ten years ago, bilingual lawyers were highly sought after. Today, in certain areas, having only two languages is simply not enough. The change is very clear: lawyers are often now expected to be linguists. While clients may demand that their lawyers can...
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5/5/2009 3:46:48 AM EST
Posted by LexisNexis
Mediation is not a concept that the profession can now afford to ignore. Judicial and official support for it is, thankfully, too strong for it to wither on the vine as a passing fad. Experience shows that mediation does work in practice and it can bring...
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5/5/2009 2:34:58 AM EST
Posted by LexisNexis
We live in a world where speed and efficiency are paramount in all business dealings. Telephone and video conferences have long taken the place of physical meetings. Signing and closing of transactions by email or fax are becoming the norm rather than the...
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5/4/2009 11:16:27 PM EST
Posted by LexisNexis
The economic downturn has resulted in an increasing number of people losing their jobs. Economists have predicted that many more will join the ranks of the unemployed during 2009. This article considers the implications and risks, both to employees and employers,...
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5/4/2009 3:53:49 AM EST
Posted by LexisNexis
On 20 January 2009, the bilateral treaty for the avoidance of double taxation between the Hong Kong SAR and the Grand-Duchy of Luxembourg (the Treaty) entered into force in both jurisdictions. The Treaty has retroactive effect, and is applicable as from 1...
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5/3/2009 11:22:44 PM EST
Posted by LexisNexis
The story of the Welsh devolution settlement makes an interesting comparison to the handover of Hong Kong from Britain to China. What is the devolution settlement and how was it negotiated and implemented? There was talk of devolution for many years in...
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4/1/2009 11:48:26 PM EST
Posted by Eric TM Cheung
Although Hong Kong's Civil Justice Reform has drawn heavily upon the Woolf Reform in England, it has eventually taken a rather different direction. Instead of adopting an entirely new procedural code as in the English Civil Procedure Rules (CPR), we have...
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4/3/2009 2:50:35 AM EST
Posted by Samuel Ngo
Since the adoption of the open door policy in the late 1970s, Mainland China has undergone various fundamental changes. These have brought about reforms in different sectors including the legal sector. With increasing emphasis on governance by the rule of...
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4/8/2009 3:28:52 AM EST
Posted by LexisNexis
Civil Justice Reform has been brought into effect by a series of amendments to the existing rules. These amendments may generally be classified as major amendments , which primarily bring the reforms into effect, and minor amendments , which arise as necessary,...
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4/9/2009 2:29:37 AM EST
Posted by Lester Huang
Civil Justice Reform has been a long time in coming. Propositions for reform were first made in 2001 and the research into what is best for Hong Kong, public consultations and ensuing legislation have now all been completed. The Law Society has, like the...
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4/8/2009 5:00:56 AM EST
Posted by LexisNexis
The rules of procedure exist to enable civil litigation to be conducted in a way that is fair and effective and allows parties to resolve their disputes in a satisfactory manner. The objective of Civil Justice Reform is to improve the way in which we conduct...
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4/7/2009 3:18:47 AM EST
Posted by LexisNexis
In February 2000, a Working Party was appointed by the Chief Justice of Hong Kong with the following mandate: "To review the civil rules and procedures of the High Court and to recommend changes thereto with a view to ensuring and improving access...
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4/6/2009 11:32:25 PM EST
Posted by LexisNexis
Discovery and inspection of documents is covered under Order 24 of the Rules of the High Court. Consequential amendments have been made under the Rules of the High Court (Amendment) Rules 2008 as a result of Civil Justice Reform, including to the following:...
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4/6/2009 3:50:02 AM EST
Posted by LexisNexis
Order 35 rule 3A of the Rules of the High Court (RHC) imposes restrictions on the conduct of a civil trial in a number of ways, as follows: "1) At any time before or during a trial, the Court may by direction - (a) limit the time to be taken in...
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4/6/2009 2:47:25 AM EST
Posted by LexisNexis
Civil Justice Reform brings with it two new Orders containing innovative new procedures designed to encourage and facilitate pre-trial settlement. First, there is the entirely new Order 13A which enables a defendant to admit liability in whole or in part...
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4/3/2009 3:57:24 AM EST
Posted by LexisNexis
A decade ago the English civil procedural rules were re-written with a fundamental aim in mind, being the reduction of the costs of litigation. This was to be achieved not only by specific changes in the costs rules, but also by way of significant changes...
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3/5/2009 2:23:39 AM EST
Posted by LexisNexis
In 2004, the Land Titles Ordinance (LTO) was enacted to begin the transformation of land dealings in Hong Kong from the existing deeds system under the Land Registration Ordinance (LRO) to a new registration of title system. At that time, there was a clear...
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3/5/2009 1:55:26 AM EST
Posted by LexisNexis
Some solicitors may feel more comfortable with litigation than mediation. However, with the importance of mediation on the rise, solicitors need to know the new landscape. An informed and strategic approach will see solicitors better placed to assist and...
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3/4/2009 10:29:15 PM EST
Posted by LexisNexis
In some jurisdictions, such as England and Wales, the duty of care owed by an executor or trustee is defined by statute. Hong Kong however relies on the common law for this purpose. Learoyd v Whiteley (1887) 12 App Cas 727 and subsequent case law shows executors...
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3/4/2009 2:00:28 AM EST
Posted by LexisNexis
The 2008 financial tsunami has shattered not only a seemingly unassailable investment bank, Lehman Brother Holdings Inc (Lehman), but also the financial dreams of over forty thousand local lay investors who invested part or all of their life savings in Lehman's...
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3/4/2009 1:06:15 AM EST
Posted by LexisNexis
With the outlook for the world economy continuing to look bleak, many organisations are predictably taking a hard look at their IT expenditures to identify projects that can be cut or deferred. The reality, however, is that business needs for available data...
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2/5/2009 3:16:25 AM EST
Posted by LexisNexis
The global financial system experienced its first systemic crisis since the 1930s in autumn 2008, with the failure of major financial institutions and the seizure of global credit markets. Although Hong Kong was not at the epicentre of this crisis, it has...
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2/5/2009 2:22:18 AM EST
Posted by LexisNexis
The current state of the law on the guardianship and custody of children means that the courts and family lawyers in Hong Kong continue to labour under a British statutory regime from the 1970s. Whilst other common law jurisdictions have moved away from a...
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2/4/2009 4:00:21 AM EST
Posted by LexisNexis
Litigation often calls for an expert opinion on the business value. Valuing a business or business interests requires an understanding of why investors have put their money into it. Investors generally invest for the future cash flows from the underlying...
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2/3/2009 2:42:52 AM EST
Posted by LexisNexis
What do ostriches and law firms have in common? With his head buried in the sand, the ostrich is oblivious to approaching danger. With no client feedback mechanism, an unprepared law firm is often oblivious to the significant dangers of client dissatisfaction....
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2/4/2009 3:06:58 AM EST
Posted by LexisNexis
On 7 December 2008, the Hong Kong Department of Justice, the Hong Kong Bar Association and the Law Society of Hong Kong sent delegates to attend the public event 'Shenzhen Legal Panorama' held at the Kite Square of Shenzhen's Lotus Hill Park. The Law Society...
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1/8/2009 3:45:56 AM EST
Posted by LexisNexis
It is hardly controversial to say that the world is becoming increasingly globalised. The ever-improving human capacity to move ideas and objects around the world continues to raise the levels of cultural cross-fertilisation and commercial cooperation. There...
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1/8/2009 1:31:26 AM EST
Posted by LexisNexis
The global economic crisis has led to the collapse of numerous financial institutions and corporations worldwide. The width and depth of the crisis is yet to be fully ascertained. Swift and effective measures are called for. Governments, whether in developed...
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1/7/2009 3:48:19 AM EST
Posted by LexisNexis
Over the last ten years the landscape of the legal profession in Hong Kong has shifted dramatically, not only in terms of the growth in the population of local lawyers and law firms but also in terms of the number of foreign lawyers and foreign law firms...
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1/7/2009 3:20:44 AM EST
Posted by LexisNexis
In a nutshell, what is the School of Transnational Law? The STL introduces the first Juris Doctor programme with American law content taught by US professors in China. It is a highly innovative and very challenging enterprise. How was the programme...
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12/5/2008 2:28:21 AM EST
Posted by LexisNexis
Mr Justice Anthony M Kennedy Associate Justice of the Supreme Court of the United States of America. Mr Justice Kennedy was appointed to the Supreme Court in 1988 and has a long list of distinguished achievements as a judge, a lecturer and a private...
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12/8/2008 1:21:17 AM EST
Posted by LexisNexis
The words 'human rights' have a different meaning for every person or group. Many persons may not be able to list one human right. To some, even though human rights may be generally considered to be something good, they are not that important on a practical...
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12/4/2008 3:46:30 AM EST
Posted by LexisNexis
The fallout from the failure of Lehman Brothers Holdings Inc (Lehman) has been most visible in Hong Kong in the claims made by thousands of 'small'and 'non-professional' investors who had invested in the firm's so-called minibonds. The saga has now taken...

12/4/2008 2:41:01 AM EST
Posted by LexisNexis
Solicitors who act for clients in property and commercial transactions where a client's money is paid by one firm to another for the purpose of the transaction will ignore at their peril the judgment of the Court of Final Appeal in Hebei Enterprises Ltd &...
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12/4/2008 2:22:04 AM EST
Posted by LexisNexis
What disability do you suffer from? Ankylosing spondylitis, or AS. It is a chronic, progressive and painful inflammatory rheumatic disease which affects the spinal joints, in particular those at the base of the spine. I was able to walk properly until...
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11/4/2008 2:44:12 AM EST
Posted by LexisNexis
Assessments by the international Financial Action Task Force (FATF) have found that Hong Kong has a good legal structure for combating money laundering and terrorist financing. Local enforcement is led by the Joint Financial Intelligence Unit (JFIU), while...
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11/10/2008 1:18:24 AM EST
Posted by LexisNexis
The establishment of robust anti-money laundering (AML) and counter financing of terrorism (CFT) procedures is a non-negotiable issue for law firms. This article examines how efficient use of information technology can reduce disruption and delays to the...
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11/3/2008 3:10:04 AM EST
Posted by LexisNexis
Non-exclusive jurisdiction clauses are common provisions in contracts. They typically provide for the parties' agreement to submit any dispute arising from the contract to the courts of a particular jurisdiction while leaving the parties free to commence...
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11/3/2008 2:28:46 AM EST
Posted by LexisNexis
On 6 June 2008, the Hong Kong Government announced the 'Arrangements for the Implementation of Clean Development Mechanism (CDM) Projects in the Hong Kong Special Administrative Region' (the Implementation Arrangements). The Implementation Arrangements have...
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11/3/2008 1:26:27 AM EST
Posted by LexisNexis
After years of sidestepping the issue, the Hong Kong Government released its proposal for a cross-sector competition law in May, marking the beginning of a three month public consultation period. Draft legislation will be tabled in LegCo during the 2008/9...
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10/31/2008 2:55:02 AM EST
Posted by LexisNexis
First of all, congratulations on your recent admission to the Law Society's Roll of Honour, joining the ten previous members of that roll. How do you feel about being in such illustrious company? I was taken by surprise, albeit pleasantly surprised. When...
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11/3/2008 1:59:23 AM EST
Posted by LexisNexis
On 28 February 2008, the State Council Information Office published a white paper entitled 'China's Efforts and Achievements in Promoting the Rule of Law' (the White Paper). It is the first white paper on this subject issued by the Chinese Government. ...
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10/8/2008 10:58:25 PM EST
Posted by LexisNexis
The Standing Committee on Standards and Development is tasked with looking after the training and education of the profession, and I am very pleased to be able to bring you news of several initiatives and changes which will be coming to fruition during the...
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10/6/2008 3:10:25 AM EST
Posted by LexisNexis
The civil justice reforms (CJR) due to come into effect in April next year represent the most important change in the practice of civil litigation since the current rules were introduced; that is to say, in the working lifetime of almost every practitioner....
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10/3/2008 4:50:20 AM EST
Posted by LexisNexis
On 29 July 2008, the Law Reform Commission's (LRC) Review of Sexual Offences Sub-Committee published a consultation paper containing interim proposals on a sexual offender register. The LRC had been asked in April 2006 to review the common and statute law...
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10/3/2008 3:37:45 AM EST
Posted by LexisNexis
What are the conditions that have led to the decision to undertake civil justice reform (CJR) in the UK and Hong Kong? Primarily cost. The cost of litigation is high, often disproportionate to the subject matter in dispute, and on the whole - and this...
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10/6/2008 3:57:02 AM EST
Posted by LexisNexis
The law of the Peoples' Republic of China (PRC) confers a right of first refusal (ROFR) on tenants. A landlord who intends to sell a rental property, upon reaching agreement with a potential buyer on the major sale terms, must first offer the property to...
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10/6/2008 12:04:29 AM EST
Posted by LexisNexis
After years of contemplation, China's first formal Anti-Monopoly Law since its entry into the WTO came into effect on 1 August 2008. China has been swift in making anti-monopoly rules since its WTO entry, and their focus has shifted from foreign-funded M&As...
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9/4/2008 12:17:44 AM EST
In the time before British colonisation, the population of Hong Kong was essentially homogenous and race discrimination was barely existent. During British colonial rule, many expatriates came to work in Hong Kong and the paradigm shifted. British citizens...
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9/3/2008 5:05:43 AM EST
In what has been labelled by media commentators as a 'victory' by the legislature over the Government, on 10 July 2008 the Legislative Council approved the enactment of the Race Discrimination Ordinance (RDO). For the first time, discrimination, harassment,...
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9/3/2008 3:53:28 AM EST
In May 2008, Hong Kong Exchanges and Clearing Ltd published its Growth Enterprise Market (GEM) Consultation Conclusions along with with new amendments to the GEM Listing Rules. The latter came into effect on 1 July 2008. When the GEM Board was first...
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9/3/2008 2:16:31 AM EST
With a population of 85 million people and economic growth rates above 8%, Vietnam presents exciting opportunities for investors. Vietnam has been one of the best-performing developing economies in the world and as a result, has drawn strong interest from...
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9/2/2008 11:10:00 PM EST
Why Fiji? Why not? The place is beautiful, the people are wonderful. The idea that I could visit an island paradise and get paid for it was irresistible. Why the Court of Appeal? The Court of Appeal of Fiji sits three times a year for about three...
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8/21/2008 3:40:26 AM EST
Posted by LexisNexis
Introduction Despite their prevalence and contrary to what IT people might have you believe, computers will never take the place of humans. The reason is simple - they can't think for themselves. If you doubt this assertion, try using language translation...
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8/21/2008 2:25:51 AM EST
Posted by LexisNexis
Introduction In ING Baring Securities (Hong Kong) Ltd v Commissioner of Inland Revenue FACV 11 of 2006 (5 October 2007) the Court of Final Appeal (CFA) gave the taxpayer the biggest victory since the Hang Seng Bank case in 1989, re-affirming that source...
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8/20/2008 11:58:55 PM EST
Posted by LexisNexis
A Renaissance for Trust Related Products in Asia? The use of offshore companies in Asia is no longer restricted to listed companies and international investment houses. More and more, individuals are incorporating BVI companies to hold their own personal...
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8/20/2008 11:26:16 PM EST
Posted by LexisNexis
Introduction Given that this is an article for the Hong Kong Lawyer , it obviously makes sense to reflect on something related to the law. But analyses of legal developments are staple articles in this journal, and a 'new year' theme is probably not...
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8/20/2008 5:19:17 AM EST
Posted by LexisNexis
It gives me great pleasure to be here  this morning to open this important Conference on Mediation in Hong Kong.  This Conference represents a unique collective effort by eight major stakeholders from both the private and public sectors...
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8/20/2008 4:37:42 AM EST
Posted by LexisNexis
Introduction Saint Lucia is one of the most recent entrants into the international financial services industry. It was established as an offshore jurisdiction in 1999, but has already made a mark in Hong Kong through its regular promotional trips and...
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8/19/2008 11:16:47 PM EST
Posted by LexisNexis
Issue You are defending a Hong Kong company in the Hong Kong District Court against breach of contract and fraud claims. There is a third party witness, a California corporation that is a competitor of the plaintiff, in possession of non-privileged documentary...
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8/19/2008 4:55:04 AM EST
Posted by LexisNexis
The beginning of an Islamic Financial Market On Thursday 22 November 2007 (14 Ouil Kud 1428H) Hong Kong introduced the first SFC approved Islamic fund, the Hang Seng Islamic China Index Fund. This was approved by the HSBC Amanah Central Shari'ah Committee...
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8/19/2008 3:01:27 AM EST
Posted by LexisNexis
Introduction The beginning of 2008 sees the first anniversary of the introduction of the new banking capital adequacy framework known as Basel II in many jurisdictions. In Hong Kong, Basel II was implemented principally in the form of the Banking (Capital)...
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8/18/2008 9:53:23 PM EST
Posted by LexisNexis
The Honourable Chief Justice, the Secretary for Justice, the Chairman of the Bar Association, Honourable Judges, Distinguished Guests, Members of the Legal Profession, Ladies and Gentlemen. I thank the Honourable Chief Justice for inviting me to address...
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8/7/2008 5:20:17 AM EST
Posted by LexisNexis
The Chief Executive's recent appointment of several accountability officials has triggered public discussion on such issues as the suitability of the selected candidates, the transparency of the recruitment procedures and the nationality requirements....
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8/17/2008 11:22:47 PM EST
Posted by LexisNexis
The subject of inheritance tax (IHT) continues to attract widespread media attention, due mainly to the strength of the UK housing market. House price have risen by 179% in the last 10 years or so, compared with an increase of just 85% in the IHT threshold...
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8/17/2008 11:05:36 PM EST
Posted by LexisNexis
Facts and Proceedings in the Tanggou Case The Plaintiffs, the Extra-budgetary Funds Administrative Bureau of Guannan County (EFAB) and Jiangsu Tanggou Liangxianghe Liquor Co Ltd (Liangxianghe), sued Tao Qin, the owner of Guannan Tanggou Qu Liquor Making...
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8/17/2008 10:09:33 PM EST
Posted by LexisNexis
Introduction In the 1980s, when same-sex relationships largely remained a social taboo worldwide, homosexuals were treated as second class citizens not deserving of recognition and protection. Through the 1990s, societies gradually changed and moved...
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8/17/2008 6:21:16 AM EST
Posted by LexisNexis
Recent cases in the Court of Appeal reveal two broad issues concerning the Employees Compensation Assistance Scheme (the Scheme). The first relates to its administration and procedures. The second relates to its scope and efficacy. When viewed in the context...
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8/17/2008 5:37:38 AM EST
Posted by LexisNexis
Headline writers have been writing out "the billable hour is dying" for more than a decade now, yet the law's traditional billing system still rules the roost. But at least now, lawyers are openly talking about alternative systems, mostly thanks...
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8/15/2008 4:29:32 AM EST
Posted by LexisNexis
After my piece on lawyer's remuneration in Hong Kong Lawyer in January this year, I received a substantial number of comments. I have found this to be a fun and intellectually stimulating exercise and, with the permission of Hong Kong Lawyer's editor,...
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8/15/2008 3:29:24 AM EST
Posted by LexisNexis
If you flick through the many job postings in Asia for marketing and business development jobs in the professional services sector, it is clear that at the forefront of much professional services marketing is the need to generate revenue growth from existing...
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8/15/2008 12:26:04 AM EST
Posted by LexisNexis
Personal injury actions are commonplace in both Hong Kong and England. This is easy to understand given the almost daily occurrence of traffic and industrial accidents. Personal injury cases are also regularly encountered in local mediation. Pain,...
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8/14/2008 11:55:16 PM EST
Posted by LexisNexis
At the Ceremonial Opening of the Legal Year 2000, the Honourable Chief Justice of the HKSAR, Mr Justice Andrew Li, announced in respect of the District Court: "...the District Court (Amendment) Bill proposing the increase in its civil jurisdiction...
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8/14/2008 11:08:28 PM EST
Posted by LexisNexis
An unfair preference claim is, in  theory, a powerful tool for liquidators to recover assets of the company when a creditor's position has been unfairly improved by the company prior to its winding up. However, in practice the tool has rarely been...
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8/14/2008 10:20:16 PM EST
Posted by LexisNexis
Simple reliance on the traditional common law maxim caveat emptor may no longer be appropriate in consumer-related disputes. The shift away from the traditional non-interventionist approach in consumer transactions has been accepted in many developed...
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8/14/2008 5:24:42 AM EST
Posted by LexisNexis
The increasing pace of the initiative of "promoting inbound investments and encouraging domestic enterprises to diversify offshore" in the Mainland is creating new opportunities and challenges for cooperation between lawyers in both places....
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8/14/2008 4:57:03 AM EST
Posted by LexisNexis
The landmark Court of Appeal decision in Dr Kwong Kwok Hay v Medical Council of Hong Kong [2008] 1 HKC 338 represented the first time the legality of the doctors' publicity code was scrutinised in the context of human rights. Dr Kwong's case will have...
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8/14/2008 3:54:54 AM EST
Posted by LexisNexis
In the September 2007 issue of  Hong Kong Lawyer, the cover article 浶uman Rights in Securities Regulation?analysed the judgment of the Court of Appeal (CA) in Koon Wing Yee v Insider Dealing Tribunal and Financial Secretary [2007] HKCU 905 (CACV...
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8/14/2008 2:38:02 AM EST
Posted by LexisNexis
New Initiatives to Combat Money Laundering and Financial Crime: Regional Implications for Financial Institutions Following is an edited version of the opening presentation delivered by Professor John Broome of the Centre for Transnational Crime Prevention,...
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8/14/2008 12:05:33 AM EST
Posted by LexisNexis
What is the rationale behind the Creative Commons? The CC is intended to provide creators and licensors with a simple and practical copyright licensing mechanism to reserve some rights to their creative works while releasing others. It does this in a way...
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8/13/2008 10:40:31 PM EST
Posted by LexisNexis
On 26 March 2008, the Law Reform Commission published a report setting out proposals to relax the existing requirements for execution of an enduring power of attorney. The Commission's proposals were prompted by concerns that unnecessarily onerous execution...
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8/12/2008 11:36:49 PM EST
Posted by LexisNexis
What have been some highlights and achievements in your first year as President of the Law Society? My term started off with a very big international event, the 20th Biennial LawAsia Conference, which we used to celebrate our centenary. There were delegates...
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8/13/2008 4:38:33 AM EST
Posted by LexisNexis
The Domestic Violence Ordinance (Cap 189) (DVO), enacted in 1986, was the first piece of Hong Kong legislation to provide specific civil relief to the victims of  domestic violence. Since that time the legislation has remained unamended despite...
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8/13/2008 3:29:54 AM EST
Posted by LexisNexis
The decision of the Court of Final Appeal in A Solicitor (24/07) v Law Society of Hong Kong [2008] 2 HKC 1 is possibly the most important judgment of a Hong Kong court since HKSAR v Ma Wai Kwan David & Ors [1997] 2 HKC 315 (CA), which confirmed that...
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8/13/2008 12:01:34 AM EST
Posted by LexisNexis
Trade and investment go hand in hand. Mr Gao Hu-cheng, Vice-Minister of the Ministry of Commerce, was quoted in the January 2008 issue of Hong Kong Lawyer to have said: "Through strengthening the co-operation between Hong Kong and Mainland...
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8/12/2008 9:18:37 PM EST
Posted by LexisNexis
Several months have now passed since the PRC Labour  Contract Law (the 'new law' came into force on 1 January 2008. While many, especially from the establishment or groups related thereto, have lauded it as an exemplary legislative milestone, many...
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8/12/2008 11:04:46 PM EST
Posted by LexisNexis
In this column I will be arguing against the retention of wigs used by barristers and judges for open court hearings. Some of the comments I make may be seen as controversial. In some parts, my points may be considered somewhat outlandish or even outrageous,...
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8/12/2008 9:51:50 PM EST
Posted by LexisNexis
The signing of the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region Pursuant to Choice of Court Agreements between Parties...
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8/12/2008 4:47:51 AM EST
Posted by LexisNexis
In March 2008 the Court of Appeal adjudicated on a case from the Family Court which has effectively brought into Hong Kong the current law in England and  Wales of the famous case of White v White [2001] 1 AC 596, which established equality as a reasonable...
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8/7/2008 11:32:42 PM EST
Posted by LexisNexis
How was Morrison & Foerster selected to be sole international legal counsel for the Games? If one thinks of what the heart of the Olympics is, it’s the ability to take five rings and licence those rings globally to generate a substantial amount...
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8/11/2008 10:38:34 PM EST
Posted by LexisNexis
In our civil courts, the following exchange may ventilate at a civil trial where a judge sits alone without a jury: Plaintiff’s counsel: May it please the Court, this is the case for the Plaintiff. Court: Mr X of the Defendant’s counsel,...
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8/8/2008 2:28:30 AM EST
Posted by LexisNexis
The quest for good corporate governance practices in Hong Kong is one of those challenges that continue to arouse the interest of accountants, company secretaries and lawyers even in a time characterised by cynicism about corporate law reform. In Asian...
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