Happy New Year! As we landed into the new year, we are delighted to present our “ONC Year in Review 2022” video. Let’s look back at our development, accomplishments and the time we have spent together throughout the past year! Please watch and share our corporate video:
The Equal Opportunities Commission Made Recommendations On Workplace Sexual Harassment
Introduction On 12 May 2022, the Equal Opportunities Commission (“EOC”) released the findings of the first-ever “Territory-wide Representative Survey on Sexual Harassment in Hong Kong 2021”. In its report, the EOC set out and discussed the survey result, and made recommendations on redressing sexual harassment including workplace sexual harassment. Workplace sexual harassment The survey shows that sexual harassment is prevalent, […]
Introduction Employer companies may have benefits policies to help attract and retain talents. They can come in many forms, such as year-end bonus or ex gratia payment, travel benefit, retirement benefit and so on. These policies may be expressly stated in their employee handbook or implemented without anything in writing. Whilst employer companies may consider that some […]
When Will A Beneficiary’s Claim For An Account Be Time-barred?
Introduction In the recent case of Trinity Concept Ltd (In Liq) v Wong Kung Sang (黃共生) [2022] 1 HKLRD 1388, the Court of First Instance (“Court”) dismissed the defendant’s application to strike out a claim for an account on the ground that the action was not commenced within the six-year limitation period under section 20(2) of the […]
Introduction In JQ v CLH [2022] HKCU 1595, the Court of Appeal dismissed a husband’s appeal against a High Court decision where the Judge dismissed the husband’s challenge to the jurisdiction of the Family Court to entertain the Wife (Petitioner)’s petition for divorce. Facts This case concerns a couple who are both Mainland residents. The wife petitioned for divorce […]
Would A “reservation of right” Prevent You From Affirming The Contract?
Introduction It is a common practice for the parties to add an expression of reservation of rights in the correspondence aiming to prevent any subsequent conduct affecting their rights under the contract. However, in the recent English decision SK Shipping Europe Ltd v Capital VLCC 3 Corp (C Challenger) [2022] EWCA Civ 231, the Court of Appeal […]
Jailed For To Helping Out A Friend In Money Transactions – Appeal Dismissed
Introduction In our January 2021 issue “Helping out a friend in money transactions could land you in jail”, we have reported the case HKSAR v Man Yiu Pun [2020] HKCA 344 in which the District Court held a person “helping a friend out with his business” to be guilty of two money laundering charges. Mr Man (the […]
Intellectual Property Issues In Metaverse And Non-fungible Token (NFT)
Introduction Virtual assets transactions such as non-fungible tokens (NFTs) have become mainstream in tech-world in these few years, and the focus of virtual interactions has been shifted to the “Metaverse”. Some tech companies, such as Meta (formerly Facebook) and Microsoft, have also announced their plans to develop new Metaverse platforms for both entertainment and working […]
Lessons learned from the PCPD privacy investigation report on an email system hack incident
Introduction On 17 February 2022, the Privacy Commissioner for Personal Data (“PCPD”) issued an investigation report (“Investigation Report”) regarding a cyber-incident, specifically, a malicious intrusion into the email system of Nikkei China (Hong Kong) Ltd (“Company”) by hackers. In the Investigation Report, the PCPD sets out its investigation findings regarding this cybersecurity incident, its recommendations […]
Introduction Liquidated damages is not uncommon in a contract of a construction project where the assessment of financial loss of a delay is intractable and costly. By including a liquidated damages clause in the contract instead of resorting to the general damages remedy, contracting parties can better manage the risk of delay and anticipate the […]
Streamlined Requirements For Eligible ETFs Adopting A Master-feeder Structure
Introduction On 16 December 2019, the Securities and Futures Commission (“SFC”) first introduced in its circular a streamlined approach with regard to the authorization of index tracking feeder exchange traded funds (“ETF”) adopting a master-feeder structure (the “2019 Circular”). Since then, an SFC-authorized feeder ETF may invest its assets in an overseas-listed master ETF without […]
Introduction In our newsletter published November 2021, we discussed the Securities and Futures Commission’s (the “SFC”) conclusion on its consultation on conduct requirements for bookbuilding and placing activities, under which the SFC announced the new requirements to be introduced as paragraphs 17.1A and 21 to the Code of Conduct for Persons Licensed by or Registered with […]
