Court of Final Appeal explains Money Laundering Law, by Peter So
We previously reported on the conviction and sentencing of a solicitor, Wu Wing Kit, for money laundering. Since that judgment, there has been a significant Court of Final Appeal judgment in respect of the test to be applied by the court when determining whether a person is guilty of an offence under Section 25(1) of the Organized and Serious Crimes Ordinance (OSCO), i.e. whether he knew, or had reasonable grounds to believe, that property he dealt with was the proceeds of an indictable offence. Full article
The new Arbitration Rules of the China International Economic and Trade Arbitration Commission (CIETAC), by Philipp Hanush
On 1 January 2015, the new CIETAC Arbitration Rules (“2015 CIETAC Rules”) came into effect.
According to CIETAC, its rules have been revised in an effort to adapt to newest developments in international arbitration practice and to better accommodate the parties’ needs. This newsletter provides an overview of the key changes. Full article
Late amendments of pleadings disallowed by the Court of Appeal, by Joseph Kwan and Rita Li
Recently, there have been cases where the Court of Appeal dismissed appeals against the Court’s refusal of leave to amend pleadings. The Court of Appeal focused on the delay in making such applications and the prejudice caused to the opponents in such cases, and reiterated some of the underlying objectives of the Civil Justice Reform (“CJR”) – cost-effectiveness and facilitation of settlement. Full article
The Court of Final Appeal refuses the Secretary for Justice access to documents obtained by a wife in divorce proceedings to be used in a criminal investigation of her ex-husband, by Richard Hudson and Benjamin Ng
In ancillary relief proceedings connected to divorce proceedings, a major issue between the Husband and the Wife concerned the extent of the Husband’s assets available for distribution. The Wife alleged that a set of documents (which if valid would have depleted the assets available for distribution) were recent forgeries. The Wife later obtained court orders for discovery in relation to the relevant documents on the basis of the Cox and Railton rule. This rule provides that communications which are criminal or intended to further any criminal purpose cannot be protected by legal professional privilege (“LPP”). Full article
Contracts (Rights of Third Parties) Ordinance gazetted on 5 December 2014, by Karen Dicks
In our February 2013 newsletter, we reported that the Department of Justice had released a draft Contracts (Rights of Third Parties) Bill 2013, for consultation. That Bill has since been passed and the Contracts (Rights of Third Parties) Ordinance was gazetted on 5 December 2014 and will come into effect on a date to be appointed by the Secretary for Justice. Full article
HKIAC Adopts New Procedures for Administering UNCITRAL Cases, by Cheung Kwok Kit
On 1 January 2015, the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules (2015 Procedures) came into effect. Full article
No more civil appeals from the Court of Appeal to Court of Final Appeal as of right and other changes brought in by Administration of Justice (Miscellaneous Provisions) Ordinance 2014, by Karen Dicks
No more civil appeals as of right to Court of Final Appeal
The Administration of Justice (Miscellaneous Provisions) Ordinance 2014 came into effect on 24 December 2014 and amends various Ordinances, one of the most significant amendments being the repeal of section 22(1)(a) of the Hong Kong Court of Final Appeal Ordinance (Cap.484) (HKCFAO). Full article
________
Strong results in the Legal 500 Asia Pacific
We are pleased to report that we have achieved a strong result in the newest edition of the Legal 500 Asia Pacific, a leading directory that provides law firm rankings based on client feedback, transactional evidence and peer commentary.
In 2015’s edition, we are pleased to retain our first tier ranking for Insurance and top-tier recommendations for our Dispute Resolution, International Arbitration, Restructuring & Insolvency and Regulatory practices.
Our dispute resolution team received particular praise:
“Deacons’ Robert Clark is leading the firm’s representation of Chinachem group in a HK$2bn claim on behalf of two of the group’s subsidiaries. The ‘reliable and pragmatic’ K.K. Cheung has a strong cross-border practice, and team head Joseph Kwan stands out for his experience in contentious regulatory and commercial matters.”
The editorial represented our insolvency offering as: “The ‘professional and helpful’ team at Deacons advises a range of clients on restructuring and contentious insolvency matters. The ‘extremely responsive and flexible’ Richard Hudson is recommended for his insolvency disputes expertise, and for his ‘keen understanding of core commercial issues’.”
Our insurance practice was described as: “Deacons advises insurers, intermediaries and regulators on a range of matters including large cross-border claims, policy documentation advice, and regulatory issues. The firm also handles a broad range of personal injury litigation ranging from routine to complex high-value cases. Contentious specialist Christina Hung is a key name for personal injury matters.”
And finally, our regulatory practice was also acknowledged:
“Joseph Kwan is a key name for anti-bribery, anti-corruption and insider-dealing matters.”
“Joseph Kwan has experience advising multinationals and China-based clients. Kwan has represented clients in connection with FCPA and ICAC investigations.”
The full results also available online: http://www.legal500.com/c/hong-kong
We thank our clients and contacts for taking the time to speak to the Legal 500 and for your continued support.
Recent Publications
Singapore Court of Appeal rules on meaning of "all reasonable endeavours"
Court held that by participating in Small Claims Tribunal Proceedings, party did not waive its right to arbitrate
Implications of the First Conduct Rule for the Construction Industry
China establishes new specialised IP Courts
Development of Various Free Trade Zones in China
New ISO Standard for the Protection of Personal Data in the Cloud
SFC routine inspection update
SFC licensing and compliance hints
Licensed corporations reminded to review internet security
Hong Kong Government makes good on promise to axe stamp duty on exchange traded funds
China Expected to Lift Restrictions on Foreign Direct Investment through New Guidance
Impacts of FATCA Intergovernmental Agreement on ORSO Schemes in Hong Kong
Cyber-bullying and Personal Data Protection