Author Archive:
Dominic Wai
Mr Henry Kwong will give a seminar organised by HKCGI on tax governance enhancement
Read more: Mr Henry Kwong will give a seminar organised by HKCGI on tax governance enhancementWe are pleased to announce that our Senior Tax Advisor Mr Henry Kwong will give a seminar organised by The Hong Kong Chartered Governance Institute (HKCGI) on 19 September 2023 (Tuesday) from 4:00 pm to 5:30 pm on “Tax Governance Enhancement: Due Compliance, Less Tax (Cross-border Transactions)”. It will be conducted in hybrid mode both…
An overview of white-collar crime in Hong Kong
Read more: An overview of white-collar crime in Hong KongIR Global – Meet the Members Asia-Pacific and The Middle East & Africa Hong Kong is known as one of the world’s most vibrant and dynamic financial centres. However, with the rise of the city’s economy and the free flow of money, data and people, there has been an increase in white-collar crime. Fraud One…
ONC Year in Review 2022
Read more: ONC Year in Review 2022Happy 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
Read more: The Equal Opportunities Commission Made Recommendations On Workplace Sexual HarassmentIntroduction 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,…
Can A Benefits Policy To Pay Employees Ex Gratia Or Voluntary Payments Acquire Contractual Status By Custom And Practice?
Read more: Can A Benefits Policy To Pay Employees Ex Gratia Or Voluntary Payments Acquire Contractual Status By Custom And Practice?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?
Read more: 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…
The Hong Kong Court’s jurisdiction over families with homes or businesses both in Hong Kong and the Mainland
Read more: The Hong Kong Court’s jurisdiction over families with homes or businesses both in Hong Kong and the MainlandIntroduction 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?
Read more: 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
Read more: Jailed For To Helping Out A Friend In Money Transactions – Appeal DismissedIntroduction 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)
Read more: 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
Read more: Lessons learned from the PCPD privacy investigation report on an email system hack incidentIntroduction 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…
One Of The Burning Questions In Construction Project – Are You Entitled To Reduction Of Liquidated Damages Upon Sectional Completion?
Read more: One Of The Burning Questions In Construction Project – Are You Entitled To Reduction Of Liquidated Damages Upon Sectional Completion?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…