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Insolvency vs Arbitration – Privy Council’s revival of the “Established Approach”

How does an arbitration clause, or an exclusive jurisdiction clause in favour of foreign courts, affect insolvency proceedings? The effect of an arbitration clause, or an exclusive jurisdiction clause in favour of foreign...more

Investigations update: Hong Kong authorities ramp up enforcement in virtual assets and other sectors

Hong Kong has seen cryptocurrencies grow in popularity, highlighting the need for appropriate licensing regimes (implemented in the form of virtual asset service providers (VASPs)), bolstered by active enforcement...more

From Absolute Immunity to Restrictive Immunity - The implication of the Foreign State Immunity Law on cross-border disputes in the...

The long-standing practice to adopt the principle of absolute foreign state immunity by the People’s Republic of China (the PRC) and Hong Kong is coming to an end as the PRC’s Foreign State Immunity Law (the FSIL) is coming...more

Bankruptcy Petition vs Exclusive Jurisdiction Clause

Who has the last word? The effect of an exclusive jurisdiction clause on insolvency proceedings - On 4 May 2023, the Court of Final Appeal (CFA) handed down its much-awaited judgment in Re Guy Kwok Hung Lam [2023] HKCFA...more

A guide to Hong Kong’s cybersecurity laws and practices

Introduction - The past decade has seen a huge increase in the incidence of cybercrime in Hong Kong. The number of cybercrime reports rose from 2,206 in 2011 to 16,159 in 2021. This trend has been exacerbated by the global...more

SFC Enforcement Actions Tracker (UPDATED)

Showing SFC enforcement actions which resulted in fines of HKD1 million or more as at 25 July 2022. ...more

The SFC’s recent regulatory enforcement trends

Recent annual and quarterly reports published by the Securities and Futures Commission (SFC) of Hong Kong highlight the SFC’s regulatory work for the period dated April 2020 to December 2021 (the 2020/2021 Period). The...more

SFC Enforcement Actions Tracker

The tracker below contains details of the SFC’s enforcement actions in Hong Kong showing instances where fines of more than HKD1 million have been imposed as at 16 March 2022. ...more

The SFC’s recent regulatory enforcement trends

Recent annual and quarterly reports published by the Securities and Futures Commission (SFC) of Hong Kong highlight the SFC’s regulatory work for the period dated April 2020 to December 2021 (the 2020/2021 Period). The...more

Greater China Risk Insight: Looking ahead in the Year of the Tiger

The last two years have reshaped the global economy and socioeconomic policies, and have given rise to new risks and challenges. The world of disputes is also rapidly evolving. As we look back to reflect on the lessons...more

Hong Kong ‘No Consent’ letters not guaranteed to freeze bank accounts

The Hong Kong Police Commissioner's use of the 'No Consent Regime' to encourage three banks to freeze customer bank accounts, in circumstances where the banks had no independent suspicion of unlawful activity by bank account...more

Hong Kong's personal data law given new teeth - what they mean for businesses

The Personal Data (Privacy) (Amendment) Ordinance 2021 (the Ordinance) came into effect on 8 October 2021. It amends the Personal Data (Privacy) Ordinance (Cap.486) (PDPO). In our alert, we consider what these changes may...more

When is too late? Hong Kong SFC expectations on timely self-reporting

Recent enforcement actions highlight the Hong Kong Securities and Futures Commission’s (SFC) approach to self-reporting under paragraph 12.5(a) of the Code of Conduct for Persons Licensed by or Registered with the SFC...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

The SFC's latest annual and quarterly reports highlight the SFC's regulatory work since April 2019 and illustrate some key trends in its enforcement agenda. ...more

A guide to Hong Kong’s cyber security laws and practices

The past decade has seen a huge increase in the incidents of cyber crime in Hong Kong. This has been exacerbated by the global pandemic, which has forced criminals online, with the number of cases in 2020 representing a 55%...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

The SFC's latest annual and quarterly reports highlight the SFC's regulatory work since April 2019 and illustrate some key trends in its enforcement agenda. ...more

Hong Kong’s proposed Mandatory Reference Checking Scheme: the end of “rolling bad apples”?

The Hong Kong Monetary Authority (HKMA) released its consultation conclusions on the proposed Mandatory Reference Checking Scheme (MRC Scheme) on 3 May 2021. ...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

The SFC's latest annual and quarterly reports highlight the SFC's regulatory work since April 2019 and illustrate some key trends in its enforcement agenda. These reports show that the SFC continues to focus its enforcement...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

The SFC's latest annual and quarterly reports highlight the SFC's regulatory work since April 2019 and illustrate some key trends in its enforcement agenda. These reports show that the SFC continues to focus its enforcement...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

Recent annual and quarterly reports published by Hong Kong’s Securities and Futures Commission (the SFC) highlight the SFC’s regulatory work for the period dated April 2019 to March 2020 (the 2019/2020 Period), and the period...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker

The SFC published its annual report for 2019/2020 in June and has also published its quarterly report for Q2 2020. - These reports show that the SFC continues to focus its enforcement team on cases that have the potential...more

Covid-19 coronavirus: how the APAC courts and arbitral institutions have adapted to the challenge

As Covid-19 coronavirus continues to spread across the globe, the various forums for dispute resolution worldwide find themselves presented with novel challenges, in particular relating to issues around physical attendance at...more

Hong Kong recognises administrators appointed under the Enterprise Bankruptcy Act of the People’s Republic of China

On 15 January 2020, we published a newsflash regarding the decision of the Hong Kong Court of First Instance dated 13 January 2020 (Decision) on the recognition of the appointment of bankruptcy administrators of CEFC Shanghai...more

Consultation conclusions on the proposed guidelines on online distribution and advisory platforms and further consultation on...

Background - The Securities and Futures Commission (“SFC”) has recently published the much anticipated conclusions (“Consultation Conclusions”) to the Consultation Paper on the Proposed Guidelines on Online Distribution...more

Bitcoin theft highlights cryptocurrency regulatory uncertainty

The recent suspension of trading on Hong Kong based Bitcoin exchange Bitfinex following the apparent theft of approximately US$60m worth of bitcoins is the latest in a series of Bitcoin thefts. With Bitcoin still in its...more

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