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Legal Updates
VATP regulation in Hong Kong: The regulatory perimeter
It is possible to apply to the Securities and Futures Commission (SFC) in Hong Kong to obtain a licence to engage in activities relating to virtual assets. However, not all virtual asset services are regulated and require a licence from the SFC. So, the key…Read More
Consultation for a new re-domiciliation regime for non-Hong Kong companies
The Financial Services and the Treasury Bureau (“FSTB”) published a public consultation in March 2023 on proposals relating to the introduction of a new company re-domiciliation regime in Hong Kong (“New Regime”). The New Regime follows the Hong Kong government’s earlier regime to implement user-friendly…Read More
High Court holding that a foreign plaintiff – with no assets or presence within the Hong Kong jurisdiction – has “a high probability of success” for the purpose of defeating a claim for security for costs
On 16 May 2023, The Honourable Mr Justice Wilson Chan handed down a written decision dismissing Grand Network Technology Limited’s (“GNT”) appeal against the dismissal of its application or security for costs against a foreign plaintiff XY, LLC in XY, LLC v Jesse Zhu (also…Read More
VATP regulation in Hong Kong: The journey so far
Hong Kong is a virtual asset hub, with a number of businesses operating in and from Hong Kong or targeting the Hong Kong market. In the first of a series of articles, Pádraig Walsh from the Fintech practice group of Tanner De Witt reviews the…Read More
Forced marriages and the law of invalid consent recently examined in RM v AY [2023] HKCU 1398
The freedom to marry a partner of our choosing is a constitutional right. The Hong Kong Bill of Rights states “No marriage shall be entered into without the free and full consent of the intending spouses” (Article 19). Yet, forced marriages do happen in Hong…Read More
Hong Kong Court Awards Indemnity Costs to Employer in Discrimination Proceedings
Introduction We previously published two articles “Can and will an employee claiming discrimination be liable for legal costs if they lose?” and “Important points for making discrimination claims highlighted in a recent District Court case by a former student against a local university” which discuss…Read More
A relief to victims of fraud: Hong Kong Court of Appeal restores the “Letter of No Consent” regime
On 14 April 2023, the Hong Kong Court of Appeal delivered its decision in Tam Sze Leung & Ors v Commissioner of Police [2023] HKCA 537, overturning the Court of First Instance’s decision which had held that the Letter of No Consent (“LNC”) regime –…Read More
Legal update: The Hong Kong Court of First Instance confirms penalty rule in an employment contract following decision in Law Ting Pong Secondary School v. Chen Wai Wah [2021] CA 873
Introduction Many employers may want to bind an employee for a certain period of time, by including a clause in employment contacts that requires the employee to pay wages for the balance of the fixed term should they terminate employment before the fixed term ends. …Read More
Can and will an employee claiming discrimination be liable for legal costs if they lose?
Discover why the normal rule of paying costs in litigation doesn’t apply to discrimination claims.
School accidents and bullying: Can a school be sued because a student is injured?
Students spend a big part of the day at school. Parents need to ensure that the learning environment of their children is safe. However, accidents happen from time to time at school. A few examples of the common causes of student injury at school are…Read More
Proposal to amend Race Discrimination Ordinance to outlaw “intra-racial discrimination” and address discrimination and harassment relating to people from Mainland China
Earlier this week, the Equal Opportunities Commission (the “EOC”) in its update to the Legislative Council (“LegCo”) had reiterated its plan to:- “… tackle discrimination, harassment and vilification between people from Hong Kong and those from the Mainland through legislation …” Currently, the Race Discrimination…Read More
Legal Update – HKMA Consultation Conclusions on Crypto-assets and Stablecoins
On 31 January 2023, the Hong Kong Monetary Authority (the “HKMA”) issued the consultation conclusions to its discussion paper published on 12 January 2022 (the “Consultation Conclusions”). The Consultation Conclusions provide critical insights into the shape of the HKMA plans for stablecoin regulation in Hong…Read More
