News & Analysis as of

Hong Kong

Mayer Brown

Hong Kong Court Clarifies the Application of Implied Terms in Employment Contracts

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The recent case of Yang Zhizhong v. Nomura International (Hong Kong) Limited helpfully clarifies the applicability of Implied Term of Trust and Confidence, the Braganza duty and the Anti-avoidance Term in the context of...more

White & Case LLP

Arbitration and Insolvency: A Comparative View from England & Wales, Singapore and Hong Kong

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If the agreement between a creditor and debtor refers disputes to arbitration, what limits should be placed on the creditor to pursue winding-up proceedings based on an unpaid debt under that agreement? Should a court simply...more

Latham & Watkins LLP

Key Regulatory Updates for Hong Kong Listed Companies - July/August 2024

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The updates include a consultation paper on a new phase of paper listing and a joint announcement on temporary modifications to requirements for specialist technology companies and de-SPAC transactions....more

Cooley LLP

HKEx Relaxes Listing Rules for Specialist Technology Companies and DeSPAC Transactions

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On August 23, 2024, the Securities and Futures Commission of Hong Kong and the Stock Exchange of Hong Kong Limited (HKEx) jointly announced temporary modifications to HKEx’s Listing Rules and guidance materials with respect...more

A&O Shearman

Sanction for scheme of arrangement refused by Hong Kong court: Key takeaways

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Notwithstanding that the requisite statutory majority was obtained in the relevant creditors’ scheme meeting, the Hong Kong Companies Court refused to sanction a scheme of arrangement propounded by a company that professed to...more

Latham & Watkins LLP

Chambers Global Practice Guides: International Arbitration 2024 - Hong Kong

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Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more

Mayer Brown

Employer's Claim to Enforce Non-Compete and Non-Solicitation Obligations Dismissed by Hong Kong Court

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In the recent case of Moxie Communications Limited v. Lai Cheuk Lok [2024] HKDC 1323, an employer (the "Company") sought to enforce two post-termination restrictive covenants ("PTRs") against a former employee (the...more

Seyfarth Shaw LLP

HKEx’s Enhanced Climate Disclosure Requirements

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On 14 April 2024, the Stock Exchange of Hong Kong Limited published conclusions to its consultation on the enhancement of climate-related disclosures under its environmental, social, and governance (“ESG”) framework. With...more

Walkers

Less Appeals? Cayman Islands Court of Appeal clarifies the test for leave to appeal to the Privy Council

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In a recent case the Cayman Islands Court of Appeal has refused to grant leave to appeal to the Judicial Committee of the Privy Council in respect of an injunction ordered in support of a foreign arbitration....more

Mayer Brown

Revamping the Compulsory Sale Regime in Hong Kong - Land (Compulsory Sale for Redevelopment) (Amendment) Ordinance 2024

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To accelerate redevelopment of aged and dilapidated buildings in Hong Kong, the Government enacted the Land (Compulsory Sale for Redevelopment) (Amendment) Ordinance 2024 on 25 July 2024....more

BCLP

HK Court Overrules Arbitrator’s Decision regarding Compatibility of Arbitration Agreements: Interpretation of “mutatis mutandis” -...

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In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC-administered arbitration....more

Latham & Watkins LLP

Hong Kong Court Compels Disclosure in Novel Crypto Case Involving DAO

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The case involves substantive litigation that could yield important legal principles for the treatment of decentralised projects. Decentralised autonomous organisations (DAO) are unique structures that operate...more

Latham & Watkins LLP

ISSB Implementation Across Asia - September 2024

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In the December 2023 edition of Regulatory Updates in Asia ESG we provided an update on how jurisdictions across Asia are responding to the International Sustainability Standards Board (ISSB) standards. Several regulators in...more

Skadden, Arps, Slate, Meagher & Flom LLP

HKEX and SFC Reduce Barriers for Specialist Technology Company IPOs and De-SPACs

查看中文 The Stock Exchange of Hong Kong Limited (HKEX) and Securities and Futures Commission (SFC) have announced a temporary relaxation of the minimum market capitalization requirements for Specialist Technology Company...more

Jones Day

Hong Kong Modifies Listing Rules of Specialist Technology Companies and De-SPAC Transactions

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The Stock Exchange of Hong Kong Limited ("HKEx") and the Securities and Futures Commission ("SFC") have announced temporary changes to the Hong Kong Listing Rules regarding the minimum initial market capitalization of...more

Morgan Lewis

SFC and HKEX Jointly Announce Temporary Modifications to STC Listings and De-SPAC Transactions Effective 1 September

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The Securities and Futures Commission (the SFC) and the Stock Exchange of Hong Kong (HKEX or the Exchange) jointly announced on 23 August 2024 temporary modifications (the Temporary Modifications) to certain requirements...more

Mayer Brown

HKMA Enhanced Consumer Protection in the Use of GenAI by Authorized Institutions in Hong Kong

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The Hong Kong Monetary Authority (HKMA) has imposed additional principles on the use of big data analytics and artificial intelligence (BDAI) and specifically, generative artificial intelligence (GenAI) by authorized...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hong Kong Regulatory Update - August 2024

查看中文 This update primarily provides an overview of key regulatory developments in the second quarter of 2024 relevant to companies listed, or planning to list, on The Stock Exchange of Hong Kong Limited (HKEx) and their...more

DLA Piper

Hong Kong: A Practical Guide to the Proposed Critical Infrastructure Cybersecurity Legislation

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Hong Kong is following other jurisdictions, including Mainland China, Singapore and the UK, in proposing to enhance cybersecurity obligations on IT systems of those operating critical infrastructure (“CI“). While the proposed...more

BCLP

HK Court of Appeal Set Aside Arbitral Award for the Absence of Underlying Disputes: No Dispute, No Jurisdiction

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In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more

Conyers

IPO – 2024年のテーマとトレンド

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2022年半ばの私共香港オフィスによるバミューダ及びケイマン諸島会社のIPOのテーマとトレンドレビューは、香港とニューヨークの二都市の市場についてでした。2年後の今、香港市場は引き続き、NYSE/Nasdaqの台頭に対して苦戦しています。2024年、アジアに拠点を置く企業のIPOの現状はどうでしょうか?...more

Morgan Lewis

HKEX Announces Consultation on Proposals to Further Expand Paperless Listing Regime

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The Hong Kong Stock Exchange (HKEX) recently published a consultation paper proposing a further expansion to the paperless listing regime first introduced in 2021 to reduce the use of paper in the listing regime. The...more

Mintz

Three Key Takeaways from CFIUS's 2023 Annual Report

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The Committee on Foreign Investment in the United States (CFIUS) released its statutorily mandated annual report to congress last month. While the report itself highlights several notable developments in 2023 (New Zealand and...more

Latham & Watkins LLP

Key Regulatory Updates for Hong Kong Listed Companies - May/June 2024

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The updates in May and June include a consultation conclusion and a consultation paper from the Stock Exchange. The key updates in May and June 2024 include the publication of the consultation conclusions on the Severe...more

Planet Depos, LLC

Top Tips for Your Next Deposition in Asia

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As the only global court reporting firm with U.S.-trained, native English-speaking resources living on the ground in Asia, we provide exceptional service at competitive rates, whether your deposition is in-person, remote or...more

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