The Use of Electronic Signatures and Digital Signatures in Contracts
It used to be common practice for parties to attend physical meetings to complete business transactions and execute transaction documents in one place, unless the transactions involve multiple parties locating in different areas, rendering physical meetings impracticable.
15 November 2024
The Role of Notaries Public in Hong Kong
Notarization refers to the process where a notary public certifies the authenticity of, or witnesses a person’s signature on, a document, and then signs and affixes his/her seal.
8 November 2024
A Brief Introduction of China Attestation Services
China attestation services are closely intertwined with various aspects of life whether regarding personal or business matters. This article will discuss some key examples of the practical applications of China attestation services.
10 July 2024
Protection of personal information during the cross-boundary data flows within the Greater Bay Area
In recent years, there has been a growing number of cross-border transactions and a trend in digitalisation, especially with a closer integration among cities within the Guangdong-Hong Kong-Macao Greater Bay Area (GBA); there are expectedly frequent data flows between Hong Kong and other cities within the GBA. With such a trend, it also creates a need for the protection of personal data during such cross-boundary flows.
10 July 2024
Unlocking the Power of Reciprocal Enforcement: New Regime for Civil and Commercial Judgments in the Mainland and Hong Kong
On 29 January 2024, a landmark regime was put in place to enhance the reciprocal enforcement of civil and commercial judgments between the Mainland and Hong Kong.
10 July 2024
Arbitration in Hong Kong: Efficiency, Enforceability, and the Global Stage
Arbitration in Hong Kong: Efficiency, Enforceability, and the Global Stage
10 July 2024
Dealing with Litigants-in-Person in Employees’ Compensation (“EC”) and Personal Injuries (“PI”) Cases
There are increasing numbers of cases brought to the Court by litigants in person. Some of the claimants may have all along been legally represented with or without legal aid but at some point of time, become unrepresented for various reasons. Amongst these unrepresented claimants, some have been criticized by the Court to be claiming excessive employees’ compensation and common law damages for injuries at work from their employers.
18 March 2024
To Freeze or Not To Freeze? The Evolution of the “Letter of No Consent” Regime in Money Laundering and Fraud cases
For a long time, the Letter of No Consent (“LNC”) in Hong Kong was a practical instrument for law enforcement agents to freeze bank accounts suspected of holding illicit funds. Various ordinances, including the Organized and Serious Crimes Ordinance (“OSCO”), the Drug Trafficking (Recovery of Proceeds) Ordinance (“DTRPO”), and the United Nations (Anti-Terrorism Measures) Ordinance (“UNATMO”) prohibit individuals from engaging in transactions involving property which they have knowledge or reasonable grounds to believe that the same represents proceeds from criminal activity.
18 March 2024
What is expected of you as an INED in a listed company in Hong Kong
In Hong Kong, the regulatory framework requires each listed company to have a minimum of three independent non-executive directors (“INED(s)”) on its board of directors (the “Board”), who should collectively represent at least one-third of the Board.
18 March 2024
Arbitration v. Winding Up – To Stay or Not To Stay?
The interplay between insolvency proceedings and arbitration clauses has been a longstanding dilemma that has attracted much legal debate. Indeed, the question of whether a winding-up petition, or the arbitration clause that the parties have contracted into should take priority, is not an easy question to answer, given the conflicting policy considerations in the statutory insolvency regime and the privately negotiated arbitration process.
18 March 2024
The Stock Exchange of Hong Kong Limited’s (“HKEX”) latest reforms to the GEM Listing Rules
Hong Kong has long been recognized as a leading global financial hub, attracting both domestic and international applicants and investors. In its continued efforts to support and encourage listings of small and/or medium sized enterprises (“SME”), a consultation paper was published by the HKEX on 26 September 2023 proposing reforms to be made to the Rules Governing the Listing of Securities on the GEM of HKEX (the “GEM Listing Rules”), followed with consultation conclusions published by the HKEX on 15 December 2023. Such reforms have taken effect on 1 January 2024. This article will discuss the key changes applicable to intended and presently listed GEM issuers.
18 March 2024
Deed of Gift: Gifts with Strings Attached
People often make gifts to others out of love, affection, appreciation, or for other noble reasons. When it comes to personal chattels, gifting is relatively straightforward and can be as simple as a handover. But what happens when the gift is a real property?
1 December 2023
The 9 ¾ Cafe Case and its Implications for IP Infringement in the Context of Themed Restaurants in Hong Kong
With the immense popularity of Hollywood blockbuster movies that are sweeping the globe, it is not surprising to see businesses attempting to attract and turn the massive fandoms into their own customer base by borrowing some of the well-liked characters, scenes and elements surrounding such movies.
1 December 2023
Unpacking the New Tax Concession Regime for Family-owned Investment Holding Vehicles (“FIHV”)
To heighten the attractiveness for family offices to establish a presence in Hong Kong, the Inland Revenue (Amendment) (Tax Concessions for Family-owned Investment Holding Vehicles) Ordinance 2023 (the “Amendment Ordinance”) came into operation in Hong Kong on 19 May 2023.
1 December 2023
Update on Family Law: An Introduction to the Family Procedure Ordinance (Cap. 646)
Gazetted on 30 June 2023, the Family Procedure Ordinance (Cap. 646) (“FPO”) is a much-anticipated relief to family practitioners in Hong Kong, who have been waiting for a set of consolidated and centralized procedural rules to family and matrimonial proceedings across the Family Court and the High Court since the presentation of the Final Report regarding the Review of Family Procedure Rules in May 2015, and the conclusion of the public consultation on the draft Bill in April 2022.
1 December 2023
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