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Legal Updates

  • New Legislation on Anti-Money Laundering and Counter-Terrorist Financing Anti-money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (Cap 615) (AMLO) -Effective date 1 April 2012

    The AMLO is concerned with making Consumer Due Diligence (CDD) and compulsory record keeping by financial institutions enforceable by law. It should be noted that new offences have been introduced for failure to observe the CDD provisions set out under Schedule 2 of the AMLO….Read More

  • The Competition Ordinance

    INTRODUCTION The Competition Ordinance (“Ordinance“), enacted on 14 June 2012, introduces a cross sector competition law in Hong Kong for the first time. The institutional provisions of the Ordinance will come into force first to enable the establishment of the Competition Commission (“Commission”), Competition Tribunal…Read More

  • Protection of Wages on Insolvency (Amendment) Ordinance 2012

    Employees in Hong Kong famously enjoy a relatively liberal 12 days of statutory holidays every year (statutory holidays are referred to as “public holidays” in certain other jurisdictions where, rather confusingly, the term “statutory holidays” is used to refer to annual leave). When you factor…Read More

  • Reserve Director

    Are you a sole director and shareholder of a Hong Kong company? A board of directors generally exercise most of the powers of a company and in the case where there is only one director, that sole director is the only person who can exercise…Read More

  • Not knowing the identity of the wrongdoer? A third party can help!

    X stole the money of Y, deposited the crime proceeds into Bank A and further transferred it to other banks. Y is preparing to sue X. However, Y has no idea where his money went! Does Bank A have the obligation to disclose what it…Read More

  • Summary of Key Changes in 2013 HKIAC Administered Arbitration Rules (effective from 1 November 2013)

    This article summarises key changes which arbitration practitioners and clients should be aware of in the revised administered arbitration rules recently unveiled by the Hong Kong International Arbitration Centre (“HKIAC”). The revised rules (the “2013 HKIAC Rules”), finalised after a revision process and consultation period…Read More

  • What you need to know about the latest changes to the Trade Descriptions Ordinance

    The latest amendments to the Trade Descriptions Ordinance (“TDO”) came into effect in Hong Kong on 19 July 2013. The amendments: widened the scope of the TDO; introduced new offences, including misleading omissions, aggressive commercial practices, bait advertising, bait and switch, and wrongly accepting payment;…Read More

  • TDW in the Media

    South China Morning Post, 24 April 2011 – Ian De Witt is quoted in an report by Chris Davis headlined “Just how professional are the professional investors?”. Ian expresses some views on professional investors, and advocates mandatory indemnity insurance for all advisers.South China Morning Post,…Read More

  • Tanner De Witt recommended in Doyle’s Leading Hong Kong Family law firms, 2015

    Tanner De Witt has been recommended by Doyles as a Leading Hong Kong Family law firm in its recently published 2015 rankings.  This listing has been compiled from the results of an online survey of, and telephone interviews with, senior family lawyers and divorce specialists who practice…Read More

  • High Court dismisses claims against senior employees and confirms provisions of Employment Ordinance are part of the mandatory employment laws of Hong Kong

    Summary In a judgment, the Court of First Instance dismissed claims that a group of senior employees had breached their contractual and fiduciary duties by resigning and signing contracts to work for the same employer on the same day. The Court also confirmed that an…Read More

  • Business Visa requirements for Hong Kong visits

    Introduction Recently in the litigation department, a client asked what type of visa to apply for if he intends to travel to Hong Kong for business purposes including, for example, to attend seminars and trade shows, look for business opportunities, meet clients or suppliers based…Read More

  • Corporate Rescue in Hong Kong: What will it eventually look like?

    Introduction Unlike many other common law jurisdictions, Hong Kong still lacks a statutory corporate rescue regime, despite a proposal for one first having been made by the Law Reform Commission in 1996 and a proposed bill containing a corporate rescue regime subsequently being introduced in…Read More