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Legal Updates
High Court applies wardship to plug legal gap created by Hong Kong’s surrogacy legislation
In a pathbreaking decision the High Court has used the inherent wardship jurisdiction to fill a hole in Hong Kong’s family law that threatened to leave it without the ability to regulate children’s upbringing: S v J (Director of Immigration intervening), HCMP 1857 of 2016,…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
Legal update: Keeping your child secure during a divorce
This article was contributed by Dr. Monica Borschel of MindnLife. During a divorce, parents might experience intense emotions towards the other estranged parent. Often, unknowingly, one of the parents emotionally harms a child during and after the separation. For your child’s emotional and social well-being,…Read More
Halfway house in criminal strict liability offences
Many Ordinances in Hong Kong contain offences to regulate issues of social concern such as public safety in the provision of goods and services. These offences are commonly drafted without the prosecution having to prove any intention or ‘mens rea’ of the Defendant to commit…Read More
Legal update: New apology legislation for Hong Kong
An apology can assist in the restoration of trust between parties in all kinds of dispute and certainly encourage settlement in disputes which have already escalated to Court action. The most obvious cases are disputes containing elements of ‘damage to feelings’ such as defamation, personal…Read More
Legal update: Can a litigant in person be represented by an unqualified person?
Parties to legal proceedings in the Hong Kong Courts are entitled to represent themselves. When they do, they are referred to as Litigants in Person (LIP). The court also has inherent jurisdiction to permit a LIP to receive assistance from, or be represented by, an…Read More
Legal update: SFC bans investment consultant for four months for taking client orders on an unrecorded mobile phone
The Securities and Futures Commission announced yesterday that Mr Xu Tao, a former investment consultant of China International Capital Corporation Hong Kong Securities Limited (CICC), has been banned from trading for four months. Mr Tao had used his mobile phone and WeChat messaging application to…Read More
Legal update: Doing business in Hong Kong
This article was originally published in London Business Matters’ October 2017 issue. The Hong Kong Government encourages free enterprise. The formalities and requirements for establishing a business are simple and straightforward. Generally there are no regulations concerning a company’s minimum capital, the degree of local/overseas…Read More
Legal update: The implications of Brexit for the Restructuring and Insolvency industry in Hong Kong
This article first appeared in the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL) collection on the implications of Brexit for the industry. Members may read the full collection of articles here. INTRODUCTION Although it is now more than 20 years since the Handover,…Read More
Legal update: Court of Appeal allows same sex dependant visas
In a landmark decision handed down on 25 September 2017, the Court of Appeal held it unlawful to exclude couples in same sex marriages and civil partnerships from the dependant visa regime: QT v Director of Immigration, CACV 117 of 2016. The Court found that…Read More
Legal update: Completion of newly announced e-courses by Responsible Officers and Representatives will earn Continuous Professional Training (CPT) hours
The Securities and Futures Commission (SFC) and Hong Kong Securities and Investment Institute (HKSI) have announced the launch of its online Advanced Learning Platform (ALP) today. The ALP will enable licensed Responsible Officers and licensed Representatives to learn relevant skills and techniques online at a…Read More
First Hong Kong criminal conviction for actively marketing unlicensed regulated activities carried out overseas
Case background On 21 September 2017, the Securities and Futures Commission (“SFC”) issued a press release about its conviction against ETRADE Securities (Hong Kong) Limited (“ETrade HK”) for actively marketing to the Hong Kong public US brokerage services provided by E*TRADE Securities LLC (“ETrade US”)….Read More
