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Legal Updates

  • Our Partners Pamela Mak and River Stone attended the Hong Kong Legal Services Forum 2023 held in Chengdu

    Our Partners Pamela Mak and River Stone attended the Hong Kong Legal Services Forum 2023 held in Chengdu.  The forum addressed key concerns for enterprises in Sichuan and Chongqing, including sound risk management in the context of cross-border transactions and foreign investment. It also highlighted Hong Kong’s role as…Read More

  • Stay of Play: Winding-Up v. Arbitration (Again)

    The recent Hong Kong Court of First Instance decision of Re Shandong Chenming Paper Holdings Limited marks another intersection between the public domain of insolvency and the private realm of arbitration.  In this and previous decisions, the Hong Kong courts have grappled with the issue…Read More

  • Should a professional administrator be appointed? 

    In Re the Estate of Yeung Kam (HCAP 19/2022), the Hong Kong High Court refused to appoint 2 beneficiaries of the Estate to be the administrator ad colligenda bona (for the purpose of collecting assets) and administrator pendente lite (pending litigation) and decided to appoint…Read More

  • Will the Real Bondholder Please Stand Up? Unravelling the Locus Standi of Global Note Investors in Winding-Up Petitions

    Introduction In a landmark decision issued in July, Re Leading Holdings Group Limited [2023] HKCFI 1770, the Hong Kong Courts addressed, for the first time, the right of an investor of a global note to present a winding-up petition as a contingent creditor. The Case…Read More

  • Consultation on proposed acceptance of commitments from Foodpanda and Deliveroo

    On 1 June 2023, the Competition Commission commenced a consultation on its proposal to accept legally binding commitments (“Proposed Commitments”) from two leading online food delivery platforms in Hong Kong, Foodpanda and Deliveroo (“Platforms”). The Competition Commission conducted an investigation into the respective agreements between…Read More

  • Recent Changes to Hong Kong Bankruptcy Laws; a win for creditors and the environment

    The Government of Hong Kong continues its push towards favouring digitisation over using hardcopy documents.  The new changes to local bankruptcy laws allows: (1) electronic service of statutory demands; (2) using electronic bundles and skeletons for winding-up and bankruptcy applications; and (3) allowing electronic submission…Read More

  • Legal update: “The arbitration agreement is spent” – Hong Kong Court lifts stay of proceedings notwithstanding pending application to set aside arbitral awards in foreign court

    Hong Kong is widely recognised as an efficient and reliable jurisdiction for international arbitration.  It is a popular dispute resolution venue due to its modern arbitration legal framework and an independent judiciary.  The Hong Kong Courts’ intervention to arbitration proceedings is typically kept to a…Read More

  • ChatGPT for lawyers – are we out of a job?

    It is almost impossible to open a newspaper these days without being confronted by a dozen or so articles about Artificial Intelligence. OK , so I guess the reference to a ‘newspaper’ was the first clue to the fact that I may not be in the…Read More

  • Legal Update: PCPD investigation report on credit reference agency data subject complaint

    In this snapshot legal update, the Office of the Privacy Commissioner for Personal Data (“PCPD”) published an investigation report on 1 June 2023 concerning the TE Credit Reference System, developed by Softmedia Technology Company Limited (“Softmedia”) in January 2016. Softmedia was not a credit reference…Read More

  • Five Tanner De Witt partners once again ranked in the 2023 edition of Who’s Who Legal (WWL)

    We are pleased to say that the firm is well represented in rankings published in the 2023 edition of Who’s Who Legal (WWL). in the fields of Restructuring and Insolvency; Asset Recovery; Labour and Employment; and Pensions and Benefits. Partners Ian De Witt, Robin Darton,…Read More

  • Divorce Proceedings and Your Business Part 2

    In our previous article, we explored the confidential nature of divorce proceedings; the legal framework of protection of confidentiality over documents and information disclosed in divorce proceedings; and remedies available from the Court if you discovered that your spouse has obtained your confidential information without…Read More

  • Divorce Proceedings and Your Business Part 1

    Parties to divorce proceedings owe an ongoing duty to the Court to give full and frank financial disclosure.  If you are the sole proprietor or a substantial shareholder of your private company, will the company’s assets be treated as your assets? Will you have to…Read More