Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to...more
The Hong Kong Government recently submitted its proposed legislative framework to enhance protection of computer systems of critical infrastructure (“Proposal”) to the Legislative Council (“LegCo”) Panel on Security for...more
On 1 June 2024, the latest update to the HKIAC’s administered rules, the 2024 Administered Arbitration Rules (“2024 Rules”) of the Hong Kong International Arbitration Centre (“HKIAC”) came into effect....more
On 21 June 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to discuss various policy concerns of the Bill....more
With the launch of OpenAI’s ChatGPT in November 2022, one of the hot buzzwords is “artificial intelligence” (“AI”). Recently, more and more companies, especially small and medium-sized enterprises, purchase AI solutions from...more
In W v Contractor [2024] HKCFI 1452, the Hong Kong High Court dismissed an application for leave to appeal against the interim measures granted by an arbitrator to restrain an employer from calling on a bond in relation to a...more
On 19 June 2024, the Legal Service Division of the LegCo wrote a letter to the Development Bureau seeking to clarify certain matters in the Construction Industry Security of Payment Bill (“Bill”).
The Legal Service...more
We explored in our earlier Insight Hong Kong Security of Payment Bill gazetted the key provisions of the long-anticipated Construction Industry Security of Payment Bill (“Bill”) which was gazetted on 17 May 2024....more
In Manulife Financial Asia Limited and Kenneth Joseph Rappold & Others [2024] HKCFI 989 (date of decision: 5 April 2024), the Hong Kong High Court refused a company’s application to enforce a 12-month non-compete clause...more
On 22 May 2024, the Office of the Privacy Commissioner for Personal Data (“PCPD”) published its “Investigation Findings” regarding the operation of the Worldcoin Project in Hong Kong, pursuant to section 48(2) of the Personal...more
In Hong Kong, an implied duty of mutual trust and confidence (“Duty”) exists between an employer and an employee. This duty requires that an employer shall not “without reasonable and proper cause, conduct itself in a manner...more
12/7/2021
/ Administrative Appeals ,
Bad Faith ,
Breach of Duty ,
Damages ,
Duty of Trust ,
Employment Contract ,
Employment Litigation ,
Hong Kong ,
Labour Tribunal ,
Retaliation ,
Termination ,
Wrongful Termination
Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely permissive? What is the effect of a proviso in an arbitration clause which...more
It sometimes happens that there is an irregularity or mistake in the way in which a party is named in the formal arbitration papers. Will such an irregularity or mistake cause problems when the successful party seeks to...more
In the recent important decision of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873, the Hong Kong Court of Appeal adopted the modern test for penalty clauses as laid down in the UK Supreme Court decision in...more
The recent English case of Timberbrook Ltd v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC) (Date of Judgement: 16 July 2021), which was heard in the Technology and Construction Court, is a good illustration of the factors...more
In Lengler Werner v. Hong Kong Express Airways Limited [2021] HKCFI 1333, the Court of First Instance (the “Court”) examined the power of “suspension” of an employee, including under section 11 of the Employment Ordinance...more
With the gradual lessening of locally acquired cases of COVID-19, on 28 April 2021, the Government announced measures to relax restrictions in respect of the operation of restaurants and other premises. While catering...more
6/9/2021
/ Australia ,
Coronavirus/COVID-19 ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Fair Work Commission ,
Hong Kong ,
Infectious Diseases ,
Personal Data ,
Popular ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Over the past decade, the rapid technological advancement has led to the emergence of the so-called “gig economy”. This term often refers to a market system whereby platform companies engage temporary or freelance workers to...more
On 24 February 2021, the Hong Kong Government introduced into the Legislative Council the Arbitration (Amendment) Bill 2021 (“Bill”), to implement the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards...more
The Labour Tribunal in Hong Kong has jurisdiction over a claim of money arising from the breach of a term of an employment contract. However, mixed claims founded in both contract and tort are excluded from the jurisdiction...more
On 27 November 2020, the Department of Justice of Hong Kong and the Supreme People’s Court of China signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong...more
The recent case of A v D (HCCT 52/2020) reinforces the pro-arbitration and pro-enforcement approach of Hong Kong courts.
Under Article 34 (3) of the Model Law (adopted by section 81 of the Arbitration Ordinance...more
We all have had to arrange clients to sign the required “statement of truth” concerning the contents of pleadings in court proceedings. Some arbitrators are directing similar signed statements on statements of case and...more
In HKSAR v Gammon Construction Limited (HCMA 97/2019) [2020] HKCA 752 (Date of Judgment: 7 September 2020), the Hong Kong Court of Appeal (the “Court”) dismissed a magistracy appeal against the conviction of a principal...more
In SC v OE1 (HCCT48/2019) [2020] HKCFI 2065 and OE1 v SC (HCCT66/2019) [2020] HKCFI 2065 (Date of Decision: 24 August 2020), the Hong Kong Court of First Instance (the “Court”) dismissed an application to set aside an...more