Hong Kong court continued the validity of a Mareva injunction granted in connection with the enforcement proceedings of a CIETAC award, and dismissed an application for security or fortification in support of the...more
In AW and others v PY and another [2022] HKCFI 1397 (judgment date: 13 May 2022), a Hong Kong court held that it has no power to extend the time to challenge an arbitral award under Article 34 of the Model Law, as adopted by...more
Hong Kong is not a party to the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Accordingly, the two mechanisms by which a foreign judgment may be enforced in Hong Kong...more
K v T ([2022] HKCFI 1194, HCCT 53/2021, 26 April 2022) was a court application made by the Respondent in the arbitration for an extension of time to set aside an arbitral award.
Brief facts -
The sum in dispute was...more
In a recent decision Luk Mei Suet Michelle v Afsafari Services Co Ltd and Others ([2022] HKDC 191, DCCJ 5593/2018, 23 February 2022), the Hong Kong District Court considered the applicability of the defence of bona fide...more
It is well known to dispute resolution practitioners that an important matter is to turn your mind to putting in place costs protection, and to do so as at early stage of the dispute.
In Hong Kong litigation, a plaintiff...more
In Arjowiggins HKK2 Ltd v X Co [2022] HKCFI 128, after dismissing the claims and declining to grant the pleaded remedy, the tribunal invited submissions from the parties on an alternative remedy and ultimately granted relief...more
Sampling and extrapolation is a common approach for presenting evidence in complex construction and commercial disputes. The exercise involves identifying and examining a properly representative set of sample allegations, and...more
Regrettably, internet scams are on the rise in Hong Kong, consistent with the regrettable world trend.
According to police, reports of cybercrimes in Hong Kong surged more than sevenfold during the past decade to 16,159...more
More than two years into the COVID-19 pandemic, anecdotal reports are that there have been many disputes between landlords and tenants about how the pandemic might affect the tenant’s payment obligations. Tenants reportedly...more
3/9/2022
/ Abatement ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Contract Terms ,
Coronavirus/COVID-19 ,
Frustration of a Common Purpose ,
Hong Kong ,
Landlords ,
Relief Measures ,
Rent
China’s data protection laws have been developing actively in the recent years. This article identifies some other Chinese legal instruments which are relevant to the protection of personal information, and discusses the...more
This article discusses briefly the various possible liabilities for data protection breaches under China’s main laws, regulations and statutory instruments governing the protection of personal information.
Introduction -...more
In Part 2 of this series, we discussed how the Personal Information Protection Law (“PIPL”), the centerpiece of China’s personal information (“PI”) protection law, needs to be read in conjunction with other relevant laws,...more
2/18/2022
/ China ,
Data Breach ,
Data Controller ,
Data Processors ,
Data Protection ,
Data Protection Officers (DPOs) ,
Data Security ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Regulatory Oversight ,
Regulatory Requirements ,
Sensitive Personal Information
In Part 1 of this series, we identified ten key legal instruments forming part of China’s current data protection law. These laws, regulations and legal instruments were identified in an Information Booklet published by the...more
The Hong Kong Privacy Commissioner for Personal Data (“PCPD”) recently published an information booklet on China’s newly promulgated Personal Information Protection Law (“PIPL”). The booklet provides useful guidance to Hong...more
It is well-established in Hong Kong that the test for determining the validity of an opposition to a winding-up petition is whether the petition debt is disputed in good faith on substantial grounds. In Sun Fung Timber...more
In 廣東順德展煒商貿有限公司 v Sun Fung Timber Company Limited [2021] HKCFI 2407, a Hong Kong court set aside an enforcement order in respect of an arbitral award, after finding that the shareholder-director of the respondent had colluded...more
In the anonymised case of T v B [2021] HKCFI 3645, the High Court of Hong Kong ruled that a challenge concerning the non-compliance with a condition precedent for commencing arbitration (“pre-arbitration condition”) is a...more
The Companies Register (“the Register”) is the repository of the records of Hong Kong companies, and is maintained by the Companies Registrar.
In general terms, the records within the Register are available for public...more
The most common remedy for breach of contract is the award of damages. The usual aim of the court is to place, as far as possible, the innocent party in the position it would have been in had the breaching party performed...more
If a person presents a petition for their own bankruptcy (“self-petition”), are there any safeguards to ensure that the self-petition is genuine, as opposed to a cynical device by the person to buy themselves time to pay, or...more
John Wiley & Sons UK2 LLP v Collector of Stamp Revenue [2021] 5 HKLRD 20, [2021] HKCFI 3060 was a ruling on whether the Court of First Instance has jurisdiction to hear a stamp duty appeal under section 14 of the Stamp Duty...more
On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong for a contravention of a competition rule (“contravention”).
This case concerns an...more
On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong seeking remedies against the contravening party for a contravention of a competition...more
What is the allocation of responsibility for damage and defects after the expiry of a tenancy -
The dispute in So Hon Ming Francis v Cheung Lau Shau Chun and Another ([2021] HKDC 1494, DCCJ 367/2019, 29 November 2021)...more
1/7/2022
/ Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Cost Allocation ,
Damages ,
Hong Kong ,
Landlords ,
Property Damage ,
Rental Property ,
Residential Leases ,
Residential Property Owners ,
Tenants