SFC Relaunches its Enforcement Reporter
Joseph Kwan
In our recent article, we talked about the setting up of 8 specialised teams to investigate those cases that pose particularly serious threats to the integrity of the Hong Kong markets. On 8 December 2016, the SFC relaunched its Enforcement Reporter which will be published twice a year. Full article »
Important Changes under the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 - Part 3: Strengthening Regulation under the Winding Up Regime
Robert Clark and Richard Hudson
This is the third in a series of articles highlighting the changes to be brought in by the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 (Amendment Ordinance). Since our last article, 13 February 2017 has been announced as the date when the Amendment Ordinance will come into effect. Full article »
Hong Kong’s Proposed Apology Ordinance
Karen Menon (Karen Dicks)
At the end of November 2016, and after two rounds of public consultation, the Department of Justice’s Steering Committee on Mediation (Steering Committee) published the “Enactment of Apology Legislation in Hong Kong : Final Report & Recommendations”. The report details responses received during the second round of consultation, the Steering Committees’ comments on the responses and its final recommendations, together with the latest draft of the Apology Bill. Full article »
The Court of Final Appeal Clarifies the Tests applicable to Section 21M Applications
Rita Li
The Court of Final Appeal (CFA) recently handed down a judgment in Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd FACV 1/2016 which clarifies the tests applicable to applications under section 21M of the High Court Ordinance (Section 21M). Full article »
Recognition and Enforcement of Foreign Judgments in Hong Kong and the Hague Conference’s proposed Convention
Andy Lau
In October 2016, Hong Kong’s Department of Justice released a Consultation Paper, seeking views (by the end of November 2016) on the Hague Conference’s proposed convention for the recognition and enforcement of judgments between member states. This article looks at Hong Kong’s regime for the recognition and enforcement of foreign judgments and what the Convention could mean for Hong Kong. Full article »
The Appointment of an Umpire in Arbitrations
KK Cheung and Christy Yu
Although uncommon, it is open to parties to appoint an even number of arbitrators. As the Arbitration Ordinance (Cap.609) (AO) provides that any decision of an arbitral tribunal (other than one consisting of a sole arbitrator), unless otherwise agreed by the parties, shall be made by a majority of its members, a deadlock may occur in decision-making of an arbitral tribunal consisting of an even number of arbitrators. Full article »