Author Archive:
Kenix Yuen
Employment law across the globe: what’s happened and what’s coming up?
Read more: Employment law across the globe: what’s happened and what’s coming up?This document was prepared for our 2024 Managing an International Workforce conference on 20th June 2024. 2024 is the year of elections. Polls are happening – or have happened – everywhere from India, Mexico and South Africa to the EU, the UK, the USA and (as a result of President Macron’s surprising decision) France. More…
Talking Tax and Incentives: Why EMI options?
Read more: Talking Tax and Incentives: Why EMI options?Enterprise management incentive options (EMI options) are a type of highly tax-advantaged employee share option. If you’re running an independent private company with fewer than 250 full-time employees and are looking to sell in the next few years, here are five key reasons why you should consider them for your key employees.Michael Birchall from our…
Lewis Silkin joins IR Global as the exclusive Commercial Litigation member in Hong Kong
Read more: Lewis Silkin joins IR Global as the exclusive Commercial Litigation member in Hong KongIR Global, the world’s largest exclusive network of advisory firms is delighted to introduce that Kenix Yuen has joined IR as our exclusive Commercial Litigation member in Hong Kong. Kenix is a Partner in Lewis Silkin’s dispute resolution team in Hong Kong. She has been a dispute resolution lawyer for over 10 years, covering a wide…
Commercial litigation in Hong Kong: what you need to know
Read more: Commercial litigation in Hong Kong: what you need to knowAs an international financial centre, Hong Kong sees a large volume of cross-border transactions, and as a result, cross-border commercial disputes inevitably occur. Given Hong Kong’s proximity to (and close connection with) mainland China, the Courts of the HKSAR and legal professionals have significant experience in resolving cross-border commercial disputes involving mainland elements. Hong Kong…
Lawfulness of “letters of no consent” Regime in Hong Kong
Read more: Lawfulness of “letters of no consent” Regime in Hong KongOn 14 April 2023, the Court of Appeal (“CA”) in Tam Sze Leung v Commissioner of Police [2023] HKCA 537 overturned a Court of First Instance (“CFI”) decision which declared that the No Consent Regime as operated is (a) ultra vires sections 25 and 25A of OSCO, (b) not prescribed by law and (c) disproportionately…
Consequences for Failing to Pay Terminal Payments Within the Statutory Time
Read more: Consequences for Failing to Pay Terminal Payments Within the Statutory TimeWhen an employee’s employment is terminated, certain payments become due and failure to make such terminal payments can have serious consequences. It is therefore essential that employers are aware of their statutory obligations upon termination. What are employees entitled to upon termination? When calculating terminal payments, employers must consider the individual circumstances of each…
Pre-Marital and Post-Separation Assets (Including Deferred Bonuses) – Are These Matrimonial Assets to Be Shared?
Read more: Pre-Marital and Post-Separation Assets (Including Deferred Bonuses) – Are These Matrimonial Assets to Be Shared?Kajal Aswani and Kim Macnamara wrote an article for Hong Kong Lawyer’s website and September 2022 magazine issue on pre-marital and post-separation assets, including deferred bonuses, and whether these matrimonial assets are to be shared. Click here to read the article.
Winding-up a Foreign Incorporated Company in Hong Kong – Nature of Benefits Conferred by a Winding Up Order
Read more: Winding-up a Foreign Incorporated Company in Hong Kong – Nature of Benefits Conferred by a Winding Up OrderCase Background 14th June, 2022 -The Court of Final Appeal (“CFA”) handed down a judgment in Shandong Chenming Paper Holdings Limited v Arjowiggins HKK 2 Limited [2022] HKCFA 11 (“CFA Decision”) yesterday, ruling on the nature of benefits conferred by a winding up order required to wind up a foreign incorporated company. The jurisdiction of the Hong Kong Court…
Cross-Border Dispute Resolution with the Greater Bay Area
Read more: Cross-Border Dispute Resolution with the Greater Bay AreaHong Kong’s Role Hong Kong plays a key role in the development of the Greater Bay Area (“GBA”) and was identified in the GBA’s Outline Development Plan (“Outline Plan”) released in 2019 as establishing itself as a centre for international dispute resolution centre for the Asia-Pacific region as well as commercial disputes relating to Belt and Road…
Rights and Wrongs in Wrongful Dismissal
Read more: Rights and Wrongs in Wrongful DismissalWrongful Dismissal in Hong Kong Termination of employment in Hong Kong is a sensitive issue, which has a direct impact on the welfare and emotions of those affected. Employees who face termination often feel ‘wronged’ by their employers, and their immediate response is to seek recourse for what they consider to be a ‘wrongful’ termination.…
Reconsidering the need for parallel schemes of arrangement
Read more: Reconsidering the need for parallel schemes of arrangementThe cautious and prudent approach for distressed companies pursuing a Hong Kong scheme of arrangement is to simultaneously pursue a parallel scheme in their home jurisdiction, even if most if not all of its debts are governed by Hong Kong laws. The rationale is to prevent hostile creditors from disrupting the implementation of the scheme…
Employment Spotlight: Statutory Hong Kong Maternity Leave Increases to 14 Weeks
Read more: Employment Spotlight: Statutory Hong Kong Maternity Leave Increases to 14 WeeksThe Hong Kong Government announced last week that The Employment (Amendment) Ordinance 2020 (“Ordinance”) – passed by the Legislative Council on 9 July 2020 – will come into operation on 11 December 2020. Under the Ordinance, statutory maternity leave will be extended by 4 weeks, to a total of 14 weeks. The leave must be…