As suggested in my earlier article (see Hong Kong Lawyer November 2009), the international response to the transnational nature of money laundering and the resulting agreements and obligations are part of the origins of and an integral part of all countries’...

Professionals like investment bankers, auditors and lawyers should pay close attention to potential behavioural deviations in order to avoid pitfalls when making securities disclosures, such as in a prospectus for an initial public offering or a shareholders’...

While the Hang Seng Index has performed well over the past few months, Hong Kong law firms have not been immune to the effects of the global economic environment and its impact upon their clients. As money gets tighter for law firms, internal scrutiny increases....

The past year was an important one for antitrust lawyers in China, as it was the first full calendar year with the Anti-Monopoly Law (AML) in effect (since August 2008). The year 2009 started as it ended, with the Ministry of Commerce (MOFCOM) setting the...

In the article entitled ‘Final Appeal Criteria for Civil Appeals involving Damages Claims’ published in the July 2009 issue of Hong Kong Lawyer, I argued that the Court of Final Appeal’s (CFA) decision in China Field Ltd v Appeal Tribunal...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

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 &...

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...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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,...

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...

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:...

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...