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Criminal
Arrest of juveniles
What will happen if your children or child is arrested by the police? An overview of the rights of juveniles under arrest. Introduction We often hear of arrest of youngsters in Hong Kong. In this article, we briefly discuss how the legal system processes those…Read More
Tanner De Witt is recommended by Doyles Guide 2022 as Leading Criminal Defence Law Firm
We are thrilled to announce that Tanner De Witt has been recommended as a leading criminal defence law firm in 2022 Doyle’s Guide for Hong Kong. Led by Mark Side and his team, their combined experience delivers realistic representation and dedication to clients confidentially and discreetly. If…Read More
Results of 2022 Chambers Greater China Region Guide announced
Tanner De Witt is delighted once again to be recognised by Chambers & Partners in their inaugural 2022 Greater China Region Guide for each of its main practice areas. Please see full results and editorial commentary below. Corporate/M&A: Independent Hong Kong Firms (Band 2)Full ranking here. What the…Read More
Legal Update – Anti-Money Laundering and Counter-Terrorist Financing Review Tribunal and Competence Assessment for Money Service Operators
The Anti-Money Laundering and Counter-Terrorist Financing Ordinance, Chapter 615 of the laws of Hong Kong, (“AMLO”) (formerly known as Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance) came into effect on April 1 2012. It aims to enhance the anti-money laundering (“AML”) and counter-financing of…Read More
Data Breach Response: Managing Liability
The stakes are high after a data breach. There is a clear and present danger of legal liability. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt provides guidance on managing liability following a data breach. The primary…Read More
I committed a trivial breach of quarantine, do I have to go to prison for it? – A case study on breaches of quarantine under the COVID-19 pandemic
COVID-19 struck Hong Kong in early 2020. More than a year later, it is still affecting the lives of many on multiple levels. As a way to control the spread of the virus, the Government of Hong Kong has enacted and updated legislation since March…Read More
Asset Recovery Lawyer Jeff Lane on tracing fraud proceeds and more
Below, in an interview with Who’s Who Legal who ranks Jeff as a Global Elite Thought Leader for Asset Recovery in their 2020 Edition, Partner Jeff Lane answers a range of questions addressing the ever-changing methods of fraudsters as well as his background and inspirations…Read More
Legal update: When do judges refer matters to prosecuting authorities and regulatory bodies for consideration of criminal behaviour or regulatory misconduct?
Introduction When judges learn of a possible crime or professional misconduct during the trial of a matter, they sometimes refer the factual issues to the Secretary for Justice (“SJ”) and/or regulatory bodies for further investigation. In most cases judges do not specify whether they are…Read More
Legal update: Court of Final Appeal’s answers on the issue of establishing a defence to indecent assaults on underage victims
In October 2017, we wrote about the magistracy appeal decision of香港特別行政區訴蔡偉麟 (HKSAR v Choi Wai Lun) (unreported HCMA 620/2016, 31 July 2017): Is a genuine belief that an underage victim is over 16 a defence to an indecent assault? On 9 May 2018, the Court of…Read More
Know your rights: is a warrant needed before the Police can search seized mobile phones?
Case facts Mr Sham Wing Kan, a participant in the 1 July 2014 procession, was arrested by police for suspected offence of obstructing a police officer in execution of his duty by idling the vehicle during the procession. He was searched by the police and…Read More
Legal update: Ex-lover jailed for posting explicit video in revenge of breakup
In a recent District Court case (HKSAR v Wong Ngai Sang), a 23-year-old male was sentenced to 20 months’ imprisonment for posting secretly filmed sexual footage of himself and his ex-lover onto the internet. The defendant and the victim, Miss X, met at work and…Read More
Legal update: Is a genuine belief that an underage victim is over 16 a defence to an indecent assault?
Update: On 9 May 2018, the Court of Final Appeal (“CFA”) overruled the decision of the appellate judge. Read our update posted on 24 May: Court of Final Appeal’s answers on the issue of establishing a defence to indecent assaults on underage victims In a recent magistracy appeal…Read More
