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Insolvency vs Arbitration – Privy Council’s revival of the “Established Approach”

How does an arbitration clause, or an exclusive jurisdiction clause in favour of foreign courts, affect insolvency proceedings? The effect of an arbitration clause, or an exclusive jurisdiction clause in favour of foreign...more

Investigations update: Hong Kong authorities ramp up enforcement in virtual assets and other sectors

Hong Kong has seen cryptocurrencies grow in popularity, highlighting the need for appropriate licensing regimes (implemented in the form of virtual asset service providers (VASPs)), bolstered by active enforcement...more

From Absolute Immunity to Restrictive Immunity - The implication of the Foreign State Immunity Law on cross-border disputes in the...

The long-standing practice to adopt the principle of absolute foreign state immunity by the People’s Republic of China (the PRC) and Hong Kong is coming to an end as the PRC’s Foreign State Immunity Law (the FSIL) is coming...more

Proceed with caution: limited enforcement reform in Hong Kong (so far)

On 8 August 2023, almost a year after the public consultation ended, the Securities and Futures Commission (SFC) published its long-awaited consultation conclusions on Proposed Amendments to Enforcement-related Provisions of...more

The Revised PRC Counter-Espionage Law – What Has Really Changed?

On April 26, 2023, China’s legislature approved revisions to the Counter-Espionage Law of the People’s Republic of China (PRC Counter-Espionage Law). A draft version of the law had been released for public comment in December...more

Bankruptcy Petition vs Exclusive Jurisdiction Clause

Who has the last word? The effect of an exclusive jurisdiction clause on insolvency proceedings - On 4 May 2023, the Court of Final Appeal (CFA) handed down its much-awaited judgment in Re Guy Kwok Hung Lam [2023] HKCFA...more

A guide to Hong Kong’s cybersecurity laws and practices

Introduction - The past decade has seen a huge increase in the incidence of cybercrime in Hong Kong. The number of cybercrime reports rose from 2,206 in 2011 to 16,159 in 2021. This trend has been exacerbated by the global...more

SFC Enforcement Actions Tracker (UPDATED)

Showing SFC enforcement actions which resulted in fines of HKD1 million or more as at 25 July 2022. ...more

The SFC’s recent regulatory enforcement trends

Recent annual and quarterly reports published by the Securities and Futures Commission (SFC) of Hong Kong highlight the SFC’s regulatory work for the period dated April 2020 to December 2021 (the 2020/2021 Period). The...more

SFC Enforcement Actions Tracker

The tracker below contains details of the SFC’s enforcement actions in Hong Kong showing instances where fines of more than HKD1 million have been imposed as at 16 March 2022. ...more

The SFC’s recent regulatory enforcement trends

Recent annual and quarterly reports published by the Securities and Futures Commission (SFC) of Hong Kong highlight the SFC’s regulatory work for the period dated April 2020 to December 2021 (the 2020/2021 Period). The...more

Hong Kong ‘No Consent’ letters not guaranteed to freeze bank accounts

The Hong Kong Police Commissioner's use of the 'No Consent Regime' to encourage three banks to freeze customer bank accounts, in circumstances where the banks had no independent suspicion of unlawful activity by bank account...more

Hong Kong Securities and Futures Commission attributes corporate misconduct to Manager In Charge and Responsible Officer

We consider the implications of the Hong Kong SFC’s recent suspension of a responsible officer (RO) and manager-in-charge (MIC) following its public reprimand and fine of Fulbright Securities Limited (Fulbright) for internal...more

When is too late? Hong Kong SFC expectations on timely self-reporting

Recent enforcement actions highlight the Hong Kong Securities and Futures Commission’s (SFC) approach to self-reporting under paragraph 12.5(a) of the Code of Conduct for Persons Licensed by or Registered with the SFC...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

The SFC's latest annual and quarterly reports highlight the SFC's regulatory work since April 2019 and illustrate some key trends in its enforcement agenda. ...more

A guide to Hong Kong’s cyber security laws and practices

The past decade has seen a huge increase in the incidents of cyber crime in Hong Kong. This has been exacerbated by the global pandemic, which has forced criminals online, with the number of cases in 2020 representing a 55%...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

The SFC's latest annual and quarterly reports highlight the SFC's regulatory work since April 2019 and illustrate some key trends in its enforcement agenda. ...more

Hong Kong’s proposed Mandatory Reference Checking Scheme: the end of “rolling bad apples”?

The Hong Kong Monetary Authority (HKMA) released its consultation conclusions on the proposed Mandatory Reference Checking Scheme (MRC Scheme) on 3 May 2021. ...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

The SFC's latest annual and quarterly reports highlight the SFC's regulatory work since April 2019 and illustrate some key trends in its enforcement agenda. These reports show that the SFC continues to focus its enforcement...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

The SFC's latest annual and quarterly reports highlight the SFC's regulatory work since April 2019 and illustrate some key trends in its enforcement agenda. These reports show that the SFC continues to focus its enforcement...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker (UPDATED)

Recent annual and quarterly reports published by Hong Kong’s Securities and Futures Commission (the SFC) highlight the SFC’s regulatory work for the period dated April 2019 to March 2020 (the 2019/2020 Period), and the period...more

Hong Kong’s Securities and Futures Commission (SFC) Enforcement Actions Trends and Tracker

The SFC published its annual report for 2019/2020 in June and has also published its quarterly report for Q2 2020. - These reports show that the SFC continues to focus its enforcement team on cases that have the potential...more

Money laundering concerns prompt consultation on regulation of virtual asset service providers in Hong Kong

(i) a licensing regime for virtual asset trading platforms in Hong Kong, including anti-money laundering obligations; (ii) a two-tier registration regime for dealers in precious metals and stones; and...more

Hong Kong Court of First Instance confirms SFC's powers to seize digital devices and demand passwords

The recent High Court decision of Cheung Ka Ho Cyril v Securities and Futures Commission and another [2020] HKCFI 270 confirmed the powers of the Securities and Futures Commission (SFC) to (i) seize digital devices such as...more

CFA curtails ambit of the “innocent purpose defence” to insider trading

In Securities and Futures Commission v Yiu Hoi Ying Charles and Others, the Court of Final Appeal (CFA) curtailed the ambit of the “innocent purpose defence” to insider dealing under s.271(3) of the Securities and Futures...more

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