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Legal Update: Court rejects Deliveroo rider’s claim as employees
Web-Platform workers such as Uber drivers and food delivery ‘riders’ are part of a new and developing group in Hong Kong, which has greatly expanded during and following the COVID-19 pandemic. The District Court case of Gurung, Sanjayaman v Deliveroo Hong Kong Limited [2024] HKDC…Read More
Risk of not handling discrimination complaints properly. Victimisation claim even where the discrimination case is dismissed.
The English Employment Appeal Tribunal (“EAT”) judgment in Miss E Carozzi v University of Hertfordshire and Ms A Lucas [2024] EAT 169 (“Carozzi”) is a recent example demonstrating that victimisation claim can arise even where the underlying discrimination claim may not be meritorious and in…Read More
Artificial Intelligence: Regulatory Landscape in China and Hong Kong
Introduction Artificial intelligence (“AI”) is now a useful tool in many aspects of our lives. The public release of AI systems using generative pre-trained transformers in large language models has sparked widespread and popular adoption of GenAI tools. This, in turn, has attracted the attention…Read More
Internet Regulation in Hong Kong: An overview
1. Legal and enforcement framework 1.1 Which legislative and regulatory provisions govern the internet in Hong Kong? An internet service provider (ISP) will need a telecommunications licence to provide internet services in Hong Kong. It is for this reason that certain responses below refer to…Read More
Legal Update: Damages awarded for employee’s breach of fiduciary duties
In Green Light Multiplex Co. Ltd v Lam Shi Yan and Another [2024] HKCFI 2101, the Court of First Instance considered a dispute of an employee being alleged of breaching his fiduciary duties and an employer being alleged of breaching the implied duty of mutual…Read More
Legal Update: Recognition Order Granted notwithstanding SFC’s Restrictive Notice and Police’s Letter of No Consent
Tanner De Witt acted for Chan Ho Yin (also known as Michael Chan) of Kroll (HK) Ltd and Elaine Hanrahan, the Joint Liquidators of Bull’s-Eye Limited (in Liquidation) (“BEL”) which was wound up in the BVI on 15 January 2024. BEL is a company connected…Read More
Legal Update: Key Points on Employment Issues from 2024 Policy Address
In the 2024 policy address by the Chief Executive of Hong Kong SAR, a number of notable employment related issues were mentioned. We summarise the key issues below: Statutory Severance/ Long Service Payment Protection of Wages on Insolvency Fund Statutory Minimum Wage Employment Ordinance Russell…Read More
Telecom Regulation in Hong Kong: An overview
1. Legal and enforcement framework 1.1 Which legislative and regulatory provisions govern telecommunications in Hong Kong? Telecommunications in Hong Kong is primarily governed by the following legislation: 1.2 Which bodies are responsible for enforcing the applicable laws and regulations in the telecommunications sector? What powers do…Read More
Legal Update: The Court confirms that employer’s duty of trust and confidence does not apply to the right to terminate
In the recent decision of Yang Zhizhong v Nomura International (Hong Kong) Limited [2024] HKCFI 2192 handed down by the Court of First Instance, the employer was successful in defending against the claims of breaches of implied terms of the employment contract. In that case,…Read More
Overview of Anti-Discrimination Laws in Hong Kong
By way of summary, we set out below a brief overview of major aspects of the laws relating to unlawful discrimination and harassment in Hong Kong. Where relevant we have also embedded links to other more detailed descriptions of aspects of the law governing these…Read More
Social media regulation in Hong Kong: An overview
1. Legal and enforcement framework 1.1 Which legislative and regulatory provisions govern social media in Hong Kong? The most relevant legislative and regulatory provisions in respect of social media are the following: 1.2 Which bodies are responsible for enforcing the applicable laws and regulations in the social…Read More
Legal Update – Beware of the Risk of Sex Discrimination in Job Advertisements
“Female migrant workers from Guangdong Province will be given priority” (original Chinese wording: 「廣東省新移民女工優先」) is a sentence that appeared in a recent job advertisement for various positions in a dumpling restaurant chain in Hong Kong (see this link to the news report from 24 September…Read More
