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Landlord Tenant Dispute: Tenant’s liability to make good damage and defects after the expiry of the tenancy

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

Substituted service of HK judicial documents in Mainland China

Given Hong Kong’s status as a special administration region of China, there are in place special arrangements for the mutual service of judicial documents between the two jurisdictions. The Arrangement for Mutual Service...more

Landlord’s duty to mitigate after tenant default

A recent Hong Kong Court of First Instance judgment, in Foxhill Investments Ltd v Sino Golden International Group Holdings Ltd [2021] HKCFI 3662 (HCA 2938/2018, 15 December 2021), clarifies the scope of the obligation of the...more

Implied duty of mutual trust and confidence and employers’ right to terminate

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

Hong Kong PDPO amended to criminalise doxxing

Hong Kong’s personal data privacy law recently has been amended to introduce new provisions to combat doxxing acts which are intrusive to personal data privacy. This marks the first stage of the stream of proposed amendments...more

Hong Kong issues guidance on the use of AI

Hong Kong now has its own set of recommended best practices for the development and use of AI published in a guidance note issued by the PCPD. Businesses which intend to or have begun to use AI in their operations are advised...more

Split dispute resolution clauses: a recent example

In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution clause. In dismissing the...more

Conflicting awards in parallel arbitral proceedings

In W v AW [2021] HKCFI 1707 (date of decision: 17 June 2021), a case described by the court as “highly unusual”, an arbitral award was held to be manifestly invalid. The award in question contained findings that were...more

Interpretation of Arbitration Clauses: Does “may” arbitrate actually mean you “must” arbitrate? Are “no arbitration until...

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

Minor irregularity in party name not a valid ground to set aside an arbitral award

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

HK Court of Appeal confirmed modern test on penalties in the employment context

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

Part 6 of 6: Amendments to Hong Kong Data Protection Law to Cover Doxxing

In light of the prevalence of doxxing and cyber harassment in Hong Kong, the Hong Kong government is keen to step up the efforts to curb the dissemination of personal data which is done to harass or harm to data subjects. It...more

Amendments to Hong Kong Data Protection Law to Widen the Definition of “Personal Data” - Part 5 of 6

Hong Kong proposes to widen the current definition of “personal data” to cover not just “identified” persons but also “identifiable” persons. The amendment is expected to cover the use of online tracking technologies such as...more

Amendments to Hong Kong Data Protection Law to Regulate Data Processors - Part 4 of 6

In the upcoming round of amendments to the PDPO, Hong Kong likely will follow the footsteps of overseas regulatory authorities to introduce measures that regulate data processors directly. This post is the fourth in the...more

Employers’ power to suspend employees under HK law

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

COVID-19 Vaccination and related employment law issues

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

HK Court of Appeal confirms the exceptional nature of the taking of evidence by way of video conferencing facilities

Amidst the COVID-19 pandemic, various travel restrictions and quarantine requirements remain in place. As the Hong Kong Judiciary recognises in the Guidance Note for Remote Hearings for Civil Business in the Civil Courts...more

Recent Hong Kong Court decision on a bank’s liability on its employee’s fraudulent conducts

What happens when a Bank’s customer loses money due to a fraud perpetrated by an employee of the Bank? What, if any, remedies does the defrauded customer have against the Bank?...more

UK Supreme Court’s decision on status of Uber drivers and its significance on gig economy

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

Development of LawTech in Hong Kong

First things first. What is “LawTech”? “LawTech” is an increasingly common buzzword in the legal sector. The Law Society of England and Wales defines “LawTech” as “technologies that aim to support, supplement or replace...more

Amendments to Hong Kong Data Protection Law Regarding the PCPD’s Sanctioning Powers - Part 3 of 6

To enhance protection of personal data protection, the Hong Kong government currently is considering to raise the level of fines for offences under the Personal Data (Privacy) Ordinance and exploring the feasibility of...more

Security of Payment in Hong Kong - pilot programme for public works contracts

As the old saying holds, cash-flow is the life blood of the construction industry. In 2021, Hong Kong looks set to join Singapore, Australia and other jurisdictions in implementing a Security of Payment regime to...more

Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong: the Arbitration (Amendment) Bill 2021

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

Hong Kong court confirmed examination orders can be served on officers of corporate judgment debtors out of jurisdiction

When seeking to enforce a judgment against a company, one part of the enforcement process is to compel the officers of the company to submit to formal questioning about the financial affairs of the company. But what to do if...more

Singapore High Court’s ruling on overlapping arbitration and jurisdiction clauses

A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity...more

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