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POPULAR TITLES: Hong Kong
State Secrets and Trade Secrets in China

State Secrets and Trade Secrets in China guides you through the new state secrets and trade secrets law, both of which came into force in 2010, with detailed and practical analysis. It helps foreign investors and lawyers understand the new state secrets and trade secrets law in China, identifies the possible risks and suggests practical solutions/steps to take.

 
Intellectual Property Rights in China (China Law Library Series)

Intellectual Property Rights in China explains the structure and role of the intellectual property rights system in the modern Chinese economy. The content conveys the expertise of leading Chinese practitioners with straightforward and practical guidance.

 
Civil Justice Reform - What Has It Achieved?

In April 2010, a year after the implementation of the Civil Justice Reform, the University of Hong Kong and University College London hosted a joint conference entitled “Civil Justice Reform - What Has It Achieved?”.This publication seeks to answer that vitally important question and makes essential reading for practitioners seeking to understand the new procedures of civil justice reform.

 
Hong Kong Civil Justice Reform Practice Manual - Second Edition

Hong Kong Civil Justice Reform Practice Manual, Second Edition focuses on the practical steps to ensure practitioners do not get caught out by the sweeping new provisions, and are able to provide their clients with specific advice as to how their cases should be conducted in this new era of dispute resolution.

 
Practical Guide to the Hong Kong Competition Ordinance

The Practical Guide to the Hong Kong Competition Ordinance as authored by Linklaters provides a highly practical yet comprehensive overview of the new competition regime from both substantive and procedural aspects.

 
The Law and Practice of Hong Kong Companies, 3rd Edition

This updated Third Edition of the Law and Practice of Hong Kong Companies presents a step-by-step overview that a professional needs for the daily practice of running a company in accordance with the current provisions of the Companies Ordinance (Cap.622). This practical book highlights and breaks down the everyday routine and procedures for properly running a company, including: (i) requirements from incorporation to dissolution; (ii) formalities required by the Companies Registrar; (iii) formation of joint ventures; (iv) purchase of sole trader; (v) partnerships and business enterprises; (vi) civil and criminal proceedings, etc.

NEW CONTENT (i) Practice and Procedure on the Listing of Companies on the Hong Kong Exchange; (ii) Continuing Statutory Obligations of Directors and Officers of such
Companies; and (iii) Suspension, Cancellation and Withdrawal of the Listing of such Companies from the Exchange.

NEW CHAPTERS (i) Regulation of Listed Companies; (ii) Share Capital Transactions; (iii) Investigations and Enquiries; and (iv) Takeovers, Mergers, Amalgamations and Other Reconstructions. 

This new edition is the ideal source for the answers to all questions in regards to Hong Kong companies and its company secretarial practice.

 
Employment Law and Practice in Hong Kong, 2nd Edition

Essential legal content for everyone who wants to stay current with all Hong Kong Employment Law related matters, this Second Edition of Employment Law & Practice in Hong Kong brings you up to date on the developments of the past six years on the practice of law and jurisprudence. It also features expanded coverage of a number of areas, including: post-termination restrictive covenants and numerous case law developments in workplace discrimination.

 
Arbitration in Hong Kong - A Practical Guide, 5th Edition

Arbitration Law in Hong Kong: A Practical Guide is the leading text on Arbitration in the Hong Kong jurisdiction. It includes contributions from the pre-eminent arbitrators in the region and is overseen by Editor-in-Chief, Geoffrey Ma, GBM, QC,SC and General Editor, Denis Brock.

 
Criminal Procedure in Hong Kong, 2nd Edition

Criminal procedure should not be underestimated, nor taken lightly, for it is a complex and technical area of law where the consequences can be grave, if the legal practitioner does not have a full and correct understanding of its many facets. Cancy Liu has left no stone unturned in her comprehensive coverage of criminal procedure and has provided an encyclopaedic overview of this vast field of law. This is an excellent legal text that has become an invaluable and essential tool in the practice of criminal litigation.
 
From the Foreword by The Honourable Mr Justice Kevin Zervos JA
 
A step-by-step practical guide
Criminal Procedure in Hong Kong, Second Edition is a comprehensive guide on the many and varied aspects of criminal procedure and the criminal justice system in Hong Kong.
 
Combining essential laws, cases and case scenarios, and Practice Directions, this title is a handy volume for criminal practitioners to bring to court. It also covers essential details of the general aspects of a criminal trial, including powers of law enforcement agencies, criminal investigations, roles of the key players and the relevant statutory and common law powers founding the entire criminal justice system in Hong Kong.
 
Completely up-to-date 
This text covers important recent developments, such as a discussion of the CFA decision in HKSAR v Liang Yaoqiang [2021] HKCFA 26 and the changes to the criminal justice sysyem brought about by the coming into force of The Law of the People’s Republic of China on Safeguarding National Security in the HKSAR and the Implementation Rules for Article 43.
 
Colinvaux's Law of Insurance in Hong Kong, 4th Edition

Colinvaux’s Law of Insurance in Hong Kong, Fourth Edition is the definitive reference manual on insurance law and practice in Hong Kong. Modelled on the UK edition, which is now in its 12th edition, and authored by Robert Merkin QC, the text has been adapted specifically for the Hong Kong insurance market.

  • Provides a detailed examination of the key principles, rights, and issues of insurance contract law
  • Covers three distinct areas: the contract, the parties involved, and special types of insurance
  • Extensive commentary on the construction of policies explaining issues such as risk, utmost good faith, insurance interest, the premium, claims, and loss
  • Addresses the roles of the different parties involved, including intermediaries and the regulatory structure of the industry.

Highlights include

Chapter 14 covers the new regime for the regulation of insurance intermediaries.

Chapter 20 discuss at length the application of business interruption policies to businesses affected by the closure of their premises due to the pandemic.

Key cases:

Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm) - test case on principles of policy coverage in respect of claims by policyholders to be indemnified for business interruption losses arising in the context of COVID-19
PC Case Gear Pty Ltd v Instrat Insurance Brokers Pty Ltd [2020] FCA 137 - discusses broker''s policy on liability
Pakeezah Meat Supplies Ltd v Total Insurance Solutions Ltd [2019] Lloyd’s Rep IR 137 - discusses broker''s disclosure obligations towards the assured
ABN Amro Bank NV v Royal & Sun Alliance plc [2021] EWHC 442 (Comm) - discusses the Interpretation of insurance contracts, an insured''s duty of disclosure/good faith and the requirement for reasonable conduct, and brokers'' duties to their clients
 

 

 
Archbold Hong Kong 2022

Endorsed by the Hong Kong Judiciary, Archbold Hong Kong 2022 is the essential reference manual on criminal law, procedure, sentencing and practice in Hong Kong.

The Honourable Mr Justice Bokhary GBM, NPJ continues as Editor-in-Chief and Professor Simon Young of the University of Hong Kong serves as General Editor. Each chapter focuses on what the law is, rather than what it ought to be, and reflects the experience and expertise of the talented pool of 45 specialist criminal practitioners and academics.

As more cases under the National Security Law come before the courts, these developments will be covered in Chapters 2 (The Criminal Jurisdiction of the Courts), 5 (Sentences and Orders on Conviction), 15 (Police Powers, Confessions and Discretion to Exclude Evidence), 19 (Human Rights), 26 (National Security), 41 (Proceeds of Crime) and 42 (Surrender of Fugitive Offenders). In addition, recent developments in the areas of bail, sentencing and evidence will be covered.

Archbold Hong Kong 2022 is published two handy volumes - Volume 1 covers criminal procedure, evidence and sentencing and Volume 2 covers the general principles of criminal liability, human rights and specific offences. 

 
Hong Kong White Book 2022

Hong Kong Civil Procedure (Hong Kong White Book) is 20 years old!

Endorsed by the Hong Kong Judiciary, Hong Kong Civil Procedure 2022 (Hong Kong White Book) is the definitive reference manual on the rules of civil procedure and practice in Hong Kong.

The commentary to each Order of the Rules of the High Court, as well as to the Arbitration Ordinance, Mediation Ordinance and specialist Ordinances on legal practice, have been carefully reviewed and annotated by the talented pool of 95 specialist practitioners.
 
The Hong Kong White Book 2022 is now published in five handy volumes (Volumes 1, 2, 3, Court Forms and Tables and Index).
 
Highlights include:

Volume 1 (Parts A)
• Order 80 - Director of Social Welfare v LNT [2021] HKCFI 587 is of importance particularly given views on the potential appointment of the Official Solicitor as a guardian ad litem in situations where there appear to be limited resources.
 
Volume 2 (Parts B–T)
• New commentary to the Competition Tribunal Rules and Competition Ordinance related to the practice and procedure before the Competition Tribunal.
 
Volume 3 – Arbitration and ADR (Parts U–V)
• The Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region, which was signed on 27 November 2020, and has been fully in operation since 19 May 2021. The supplemental arrangement deals with certain limitations in the original arrangement relating to the reciprocal enforcement of awards. This includes now allowing the parallel enforcement of awards in Hong Kong and the PRC, and the enforcement of PRC awards in Hong Kong is no longer limited to those made in arbitrations administered by certain recognised Mainland arbitral authorities, but extends to awards made pursuant to the PRC Arbitration Law including those made in PRC seated arbitrations administered by international arbitral institutions.
 
• The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region, which came into effect on 1 October 2019. This arrangement is significant for making Hong Kong the first (and only to date) seat of arbitration outside Mainland China where the parties can access the PRC court system in pursuit of interim measures in aid of offshore arbitration.
 
• The Outcome Related Fee Structures (ORFS) for Arbitration Consultation Paper published in December 2020. In summary, it is proposed that Hong Kong legal prohibitions should be lifted on lawyers entering into ORFS for arbitration including to allow conditional fee arrangements (also known as “success fees” or “no win, no fee” or “no win, low fee” agreements depending on their structure) with appropriate safeguards.
 
• Important case include - 
OE1 v SC [2020] HKCFI 2844 concerning the tribunal's power to issue an addendum to an award due to a mistake under article 33.
A rare Hadkinson order was imposed in La Dolce Vita Fine Dining Group Holdings Ltd v Zhang Lan [2020] HKCFI 622 barring a respondent from proceeding with her set aside of award application until she had purged herself of contempt in relation to disclosure under an existing injunction order.
In 廈門新景地集團有限公司 v Eton Properties Ltd [2020] HKCFA 32, the court held that an enforcing court may fashion and grant relief appropriate to the award including where the tribunal had made an award for specific performance for transfer of shares, which had been rendered impossible by a restructuring, the court may grant relief in the form of an order for damages.

The sections concerning whether court proceedings should be stayed in favour of arbitration and court ordered interim measures have also been revised and updated.

 
Hong Kong Law Journal

Founded in 1971, Hong Kong Law Journal is the leading scholarly journal on the common law in Hong Kong, and the law in China in the English language. The journal also publishes comparative, jurisprudential, international, and interdisciplinary material relevant to the study of law. All contributions are refereed.

The Journal enjoys a wide circulation throughout the common law world. It is available online on a current, full text basis on Westlaw. It is indexed by Scopus, the Social Sciences Citation Index, Current Contents/Social & Behavioral Sciences, and the Index to Legal Periodicals and Books, and abstracted on the Social Science Research Network.

 

 

 
Companies Ordinance (Cap.622): Commentary and Annotations 2021

 

The company is a critical legal concept in all modern legal systems and an essential vehicle for investment and economic function. The Companies Ordinance (Cap.622) governs the incorporation, powers, authority and functions of companies in Hong Kong. It is a huge legislation comprising 921 Sections, 11 Schedules and 13 Subsidiary Legislations, including the new Non-Hong Kong Companies (Disclosure of Company Name, Place of Incorporation and Members’ Limited Liability) Regulation (Cap.622M, Sub.Leg.) which came into effect on 1 August 2019.

Now in its 7th edition, the Companies Ordinance (Cap.622): Commentary and Annotations 2021 continues to be the definitive practitioner guide to the understanding and operation of the Companies Ordinance. Kingsley Ong, Partner at Eversheds Sutherland and Alice Leung, Partner at Anthony Siu & Co continue as General Editors. Written by a team of leading company law specialists, this two-volume work is an essential text for all company law practitioners, academics and students.

 
ALB Guide to Shanghai STAR Market IPOs 2021 | ALB上海科创板首次公开发行手册2021

Asian Legal Business is proud to announce that it has published the Asian Legal Business Guide to Shanghai STAR Market IPOs 2021.

This Guide, which took over one year to put together, provides guidance to companies on solving a variety of issues they might face in their listing journey on the Shanghai Stock Exchange’s STAR Market. The IPO handbook features a number of topics on issue that a company needs to consider during its listing journey, with advice provided by experts who have been offering IPO-related services since the beginning of the new STAR Market and have the most up-to-date knowhow.

These include:

• Pre-IPO preparation and IPO application process
• Intellectual property and tax issues
• Red chips, VIE structure, valuation adjustment mechanism and other specific issues
• Choosing your offshore listing vehicle
• Governance and compliance issues of listed companies

And more.

The list of contributors and supporting organizations include Carey Olsen, Commerce & Finance Law Offices, CM Law, DeHeng Law Offices, East & Concord Partners, Grandway Law Offices, Hai Run Law Firm, Jia Yuan Law Offices, Jingtian & Gongcheng, Shihui Partners, T&C Law Firm. 

To request for a complimentary digital copy of the handbook, click here to register now.

The handbook is also available for purchase at HKD550 each. Limited copies are available. Order yours now!

 
The Constitutional Crocodile

The Constitutional Crocodile turns a “cartoon law book” series from a quartet into a set of five. Fuller than any of its predecessors. it cites: 13 constitutional, international and transnational instruments; 13 statutes; 118 cases; 92 books; and 31 articles and reports. It depicts 113 kinds of animal. The book also includes a painting as well as accompanying text by Justice Bokhary’s eldest grandson. Justice Bokhary and his grandson feel that ideas — whether amounting to a mountain or merely a molehill — are worth offering if offered humbly and respectfully as are their ideas here.
 
In this fascinating volume, Mr Justice Kemal Bokhary turns his attention to matters relating to Constitutions. The genial and insightful judge, along with his fabulous Croc, glides effortlessly through the constitutional waters of diverse jurisdictions, mapping out their contours and plumbing their depths for the enlightenment and amusement of lay and law-literate readers alike. He and Croc are ably assisted in this endeavour by a myriad of other animals whose valuable legal opinions are engagingly and colourfully sketched out, as well as by members of the learned judge’s family, whose voices give the text a wonderfully personal touch.
 
Foreword by The Right Honourable The Lord Scott of Foscote

 
Law of the Hong Kong Constitution, 3rd Edition

 
IPO Handbook for Hong Kong 2020

IPO Handbook for Hong Kong 2020

A comprehensive handbook spanning the entire listing process

Asian Legal Business is proud to announce that it has published the 2020 edition of its popular Hong Kong IPO Handbook.

The handbook, which took a year to put together, covers a number of topics and chapters including Hong Kong dual-class shares, legal issues related to the listing of red chips, IPO application process, and tax consideration in an IPO, among others.

The list of contributors and supporting organizations include ACMI Asia Capital Markets Institute, Akin Gump Strauss Hauer & Feld, Appleby, BDO Hong Kong, Beijing DHH Law Firm, CLSA, CMB Wing Lung Bank, Commerce & Finance Law Offices, DeHeng Law Offices, Grandall Law Firm, iDeals Solutions, Jingtian & Gocheng, LC Lawyers, ONC Lawyers, Porda Havas, SWCS. Wisdom Investor Relations, ACC Hong Kong, and Hong Kong Investor Relations Association. 

To request for a complimentary digital copy of the handbook, click here to register now.

The handbook is also available for purchase at HKD480 each. Limited copies are available. Order yours now!

 
Business Law in Hong Hong, 6th Edition

Business Law in Hong Kong continues to provide an analysis of the general principles relating to the laws of business and the legal system in Hong Kong 

 
Equity and Trusts in Hong Kong: Doctrines, Remedies and Institutions, 2nd Edition

• Discusses the worlds’ first detailed consideration of anti-Bartlett clauses by an appellate court in the Court of Final Appeal’s decision in Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 45.
• Considers the fiduciary duty of trustees including the concept of a residual fiduciary duty after Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 45.
• A chapter discussing the relationship between equity and unjust enrichment.
• Fresh consideration of the approach to property ownership disputes involving the doctrines of common intention constructive trust, proprietary estoppel, and the resurrection of the presumption of resulting trust after the privy council decisions of Marr v Collie (Bahamas) [2017] UKPC 17 and Whitlock v Moree (Bahamas) [2017] UKPC 44.
• Submission that the common law doctrine of sham should not apply to trusts, considering JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev (Pugachev v. Pugachev) [2017] EWHC 2426 (Ch)
• Considers why Hong Kong has no need of the possible new doctrine of estoppel that may be developing in England after the English Court of Appeal decision in Pennington v. Waine [2002] EWCA Civ 227.
• A chapter considering the importance of special trust jurisdictions for trust business in Hong Kong, including Cayman Islands, British Virgin Islands and Bermuda.
 

 
Chitty on Contracts, Hong Kong Specific Contracts, Sixth Edition

  • New Chapter on Cyber Law and Contract expounded.
     
  • Deals individually and in detail in areas of bailment, banking, insurance and covenants.
     
  • Extensive in-depth coverage of recent case law and legislation since last edition.
     
  • Multi-country author team providing perspectives from across diverse global jurisdictions as well as contributions from members of the Permanent Court of Arbitration (The Hague) and The Secretariat of the United Nations Commission on International Trade Law (UNCITRAL).

 

This is the pre-eminent reference work on contract. An essential book for anyone working on contracts, either for drafting or dealing with points of dispute. It is an extremely well-respected title, for which most authors want to write for because of the prestige associated with it. Of particular note, the sixth edition contains the addition of a new section on AI, an expansion of the blockchain section to reflect recent developments in this field, and further detail on data protection (in light of the entry into force of GDPR in the EU in May 2018). In addition, there is a new chapter on cyber law covering data protection, cloud computing, cybersecurity, blockchain technology, smart contracts, artificial intelligence and related subjects. The sixth edition welcomes a number of new authors who in updating chapters, have significantly refreshed key content areas. With these updates, Chitty on Contracts, Hong Kong Specific Contracts is a key title to have as a reference tool.

 

 
Law and Justice in Hong Kong, Third Edition

Extensively rewritten and revised, the third edition of Law and Justice in Hong Kong continues to offer readers a comprehensive account of the legal system of Hong Kong — the only common law jurisdiction in East Asia. Fully updated, it encourages readers to appreciate the underlying values of legal practice and the administration of justice in the context of wider global and regional developments. It explains the crucial role played by the rule of law in Hong Kong’s historic transition from a fishing settlement into a leading international financial centre over the course of nearly two centuries.

An essential text for students studying Legal System and Legal Research and Writing, this book is also useful to legal practitioners, jurists, and general readers, both in Hong Kong and abroad, who find interest, if not indeed intrigue, in the spectacle of an internationalised common law jurisdiction under Chinese sovereignty.

 

 

 
 
Companies Ordinance (Cap.622): Commentary and Annotations 2019

The Companies Ordinance (Cap.622): Commentary and Annotations 2019 continues to be the definitive practitioner guide to the understanding and operation of the Companies Ordinance (Cap.622). Authored by a team of specialist company law practitioners, and helmed by Kingsley Ong, Notary Public and Partner at Eversheds Sutherland, and Alice Leung, Partner at Anthony Siu & Co, the two volumes include detailed analyses to the 12 Subsidiary Legislation.

 

Key updates:

1. Companies (Amendment) (No 2) Ordinance 2018

2. The latest Hong Kong Companies Registry Circulars covering topics relatingto significant controller registers, open-ended fund companies, anti-money laundering and counter-terrorist financing

 
Contracts for the International Sale of Goods: A Multidisciplinary Perspective

  • On the 30th anniversary of the implementation of the CISG, the title provides value added content for students and practitioners alike considering CISG and its intersection with public domestic and international law.
     
  • Unique and jurisdictionally relevant thought-leadership content – presents national perspectives.
     
  • Provides fresh critiques on core principles as well as forecasting on potential areas for reform.
     
  • Multi-country author team providing perspectives from across diverse global jurisdictions as well as contributions from members of the Permanent Court of Arbitration (The Hague) and The Secretariat of the United Nations Commission on International Trade Law (UNCITRAL).

 

The United Nations Convention on Contracts for the International Sale of Goods (CISG) came into force internationally on 1 January, 1988. 2018 marked the 30th anniversary of its coming into force. So far, CISG has been favourably received by the international community as it helps remove legal barriers for international trade and diminishes uncertainties caused by the private international law system and facilitates contract negotiations in international transactions.

Three fundamental issues are addressed by the CISG:

  • the formation of a contract;
  • the obligations of the seller; and
  • the remedies available to the buyer, and the obligations of the buyer and the remedies available to the seller.

As we celebrate over three decades of this unique experiment at unifying and harmonising the law on international sale contracts and count the increasing membership of the international convention, it is also time to revisit a few specific issues that have arisen from the application of the convention.

 
Criminal Appeals in Hong Kong

  • Comprehensive content – provides a one-stop reference text for all appeals in all Hong Kong criminal jurisdictions.
     
  • Holistic approach – covers both sides in the appeals process, namely appeals by defendants and the prosecution.
     
  • A practical tool – a step-by-step guide to assist practitioners commence and complete a criminal appeal including easy to read flow charts and diagrams.
     
  • Provides practitioners with context through detailed discussion and application of key cases as well as a historical chapter to explain the origins of contemporary appellate procedures and practices and a detailed introduction to the overall court structures appeal paths and the role of the prosecution in Hong Kong.
     
  • Value added content – includes discussion of the constitutional significance of criminal appeals, appeals as a human right, and appeals as an integral component of the Rule of Law.

 

Criminal Appeals in Hong Kong provides a concise and comprehensive explanation of criminal appeals in all criminal jurisdictions in Hong Kong. A chapter is devoted to each of the courts in Hong Kong and a step-by-step guide is provided to assist practitioners in deciding whether to commence an appeal or to respond to an appeal. The key statutory provisions are set out in a clear manner and key cases are discussed to explain the central legal issues. Applicable Practice Directions are included. The book also contains a detailed historical account of the development of criminal appeals in Hong Kong and a chapter explaining the court structure and the role of the prosecution. The constitutional significance of criminal appeals is explained including the meaning and scope of art 11(4) of the Hong Kong Bill of Rights and relevant provisions in the Basic Law. The importance of criminal appeals to the Rule of Law is a central theme in the book.

 

 
Cayman Islands Company and Commercial Law, Second Edition

  • Authored by representatives of one of the top offshore legal firms with specific specialisation in the complexities of the Cayman Islands jurisdiction.
  • An increase in the breadth of coverage with three entirely new chapters:
    - Financing & regulation of aircraft;
    - Cayman Island LLCs; and
    - EU Substance Requirements. 
  • The only authoritative reference source for the South East Asian legal market covering the critical Cayman Islands jurisdiction that accounts for 75% of world’s hedge funds and nearly half the global industry’s estimated US$1.1 trillion of asset under-management.
  • Highly contemporaneous with 40% of the 1st edition content updated including, but not limited to:
    - analysis and review of the new and amended Cayman Islands laws and regulations regarding the companies and financial regime;
    - updates to the anti-money laundering regime;
    - review and analysis of the new regulatory guidelines regarding the formation of limited liability companies etc.

 

Cayman Islands Company and Commercial Law is the only publication that focuses exclusively on the Cayman Islands. The book provides a deep analytical view of the offshore jurisdiction’s legal landscape as it relates to companies, partnerships, credit and security, mutual funds, insolvency, dispute resolution, taxation, trusts and more.

The Second Edition will keep you fully up-to-date on one of the world’s most utilized corporate jurisdictions. The use of offshore vehicles for international financial transactions and the incorporation of companies is the preference for most entities here in the Asia Pacific region. The Cayman Islands continues to be the ‘hot’ jurisdiction for offshore companies and commercial work, as well as the choice now to set up an offshore financial center.

This new second edition examines and updates the major changes which occurred over the last four years, including:

1. Impact of the new Cayman Islands Limited Liability Companies law since its enactment in 2016 – resulting in 391 Cayman LLCs formed and another 16 transferred by way of continuation from other jurisdictions from 1 July 2016 – 19 May 2017;

2. New supplemental legislation formed in relation to the Tax Information Authority (International Tax Compliance) (Common Reporting Standard) Regulations, 2015;

3. New requirement of obtaining professional Indemnity Insurance for those who deal with Trusts, Insurance, Mutual Fund Administration, Securities Investments and Company Managers, Licensees, and Directors;

4. Amended structure for investment funds, etc.

 
Habeas Crocodylus

Habeas Crocodylus is Justice Kemal Bokhary’s fourth cartoon law book. Like his previous books, this one covers topics of interest to lawyers and members of the general public. Topics as diverse as animal rights, democracy, the environment, language, rule of law and socio-economic rights, to the judicial protection of personal liberty by the writ of habeas corpus are addressed with the Judge’s characteristic wit and humour, but always to make points meant to be taken seriously. And like his previous books, it is important the topics covered in this book are made available to young readers.

 

[Mr Justice Bokhary] has written five books, with this his sixth, all for the same purpose — to explain the law and its principles with humour and wisdom to non-lawyers, especially young people, so they would come to know and love the law. I hope you will read his works and come to  know and love the man, and his Crocky.

From the Foreword by Audrey Eu SC

 
Archbold Hong Kong 2019

*Click HERE to read The Archbold HK 2019 post on HKU Legal Scholarship Blog*

 

The 2019 Service is the essential companion and reference publication for every criminal practitioner. It consists of a main work, two supplements, four e-newsletters and new quarterly e-alerts on the latest and most notable cases.


There are new updated sections in Chapters 20 and 41 on tax evasion and criminal intimidation. Recommendations from the Financial Action Task Force (FAFT) have been included.
 
Stay confident in the face of an ever-changing legal environment with the 2019 edition of the Archbold Hong Kong. The Hon. Mr. Justice Bokhary GBM, NPJ continues as the Editor-in-Chief, and Professor Simon Young completes his first year as a remarkable General Editor.

Cited extensively in court judgments, Archbold is the authoritative companion which adds weight and credibility to your arguments. It concentrates on what the law is, rather than
what it ought to be, covering both substantive law as well as the practice and procedure of the court.

New: Each e-alert is produced under the direct mentorship and supervision of the General Editor. Archbold Hong Kong 2019 is the essential companion and reference publication for every criminal practitioner.

Archbold Hong Kong 2019 is available in print, ProView eBook and on Westlaw Asia.
 
 
 
Notable cases discussed in the 2019 edition

Landmark decisions:
HKSAR v Choi Wai Lun (2018) 21 HKCFAR 167
HKSAR v Kilima Abubakar Abbas [2018] HKCA 602

Application of common law doctrines:
Secretary for Justice v Wong Chi Fung (2018) 21 HKCFAR 35
Secretary for Justice v Leung Hiu Yeung [2018] HKCFA 43
HKSAR v Leung Chun Kit Brandon [2018] HKCFA 30
HKSAR v Cheung Wai Kwong (2017) 20 HKCFAR 524
 
Grounds of appeals:
HKSAR v Li Xiaoxiang (2018) 21 HKCFAR 272
HKSAR v Ezeh Christian Ifeanyi [2018] HKCA 57
HKSAR v Wiwik Lestari [2018] 3 HKC 110

 

 
Competition Ordinance (Cap.619): Commentary & Annotations

• Authored and annotated by Knut Fournier, Chairman of the Hong Kong Competition Association.

• This work reproduces the full text of the Competition Ordinance (Cap.619) together with section-by-section analyses and commentaries with references to relevant case law and other legislation.
 
• Included in the annotations are definitions of words and phrases as well as practical applications of the provisions.
 
• Competition regimes of other jurisdictions are referred to and compared with wherever relevant.
 
• Guidelines of the Hong Kong Competition Commission and Hong Kong Communications Authority are reproduced in full, making this a comprehensive resource on Competition Law.
 
 
ADR in Hong Kong

The comprehensive and concise resource for anyone interested in Alternative Dispute Resolution

ADR in Hong Kong is a comprehensive resource written in simple, easy-to-understand language for anyone interested in Alternative Dispute Resolution. It explains the theory and concepts from a practical viewpoint, to enable practitioners to understand the subject with the view of developing a successful career in this area.
 
The text examines changes brought about by the two Amendment Ordinances passed in June 2017:

Arbitration (Amendment) Ordinance 2017
Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance 2017
 
Blending theory with actual practice
 
This text focuses on concepts and practical aspects by blending theory with practice derived from real-life cases and examples


Written by experienced practitioners

Dr. Christopher To, Barrister-at-Law; Programme Director of LLM in Arbitration and Dispute Resolution at City University of Hong Kong.
Mr. Simon So, Barrister-at-Law.
 
Annotated Hong Kong Companies Laws Set: The Hong Kong Companies Ordinance (Cap.622): Commentary and Annotations, 2018 Edition + Companies (Winding-Up and Miscellaneous Provisions) Ordinance (Cap.32): Commentary and Annotations, 2018 Edition

The Hong Kong Companies Ordinance (Cap.622): Commentary and Annotations, 2018 Edition

The full and complete annotations on all 921 sections and 11 schedules of the Primary Legislation, as well as all 12 provisions of the Subsidiary Legislation (Cap.622A - 622L) – presented in a 2-volume set.

 

Highlights of these Commentary & Annotations include:

• The key changes, precedents and applications made by the law since its enactment 4 years ago
• All cases and legal precedents raised over the last 4 years, to corporate governance, compliance, and structure
• Review and analysis of the newly added Division 2A to Part 12 and Schedules of the Ordinance focusing on the role of significant controllers and their new due diligence obligations as a result of the 2017 Companies Amendments

 

ProView eBook Exclusive Content:

1. Summary of the 2017 Companies (Amendment) Bill
2. Tabled summary of all 21 Parts of the Ordinance
3. Comparative table of the Companies Ordinance
4. Glossary of all terms defined

 

General Editor: Kingsley Ong

Pub Date: Jun 2018

Format: DUO / eBook

ISBN: 9789626618943

eISBN: 9789626618974


Companies (Winding-Up and Miscellaneous Provisions) Ordinance (Cap.32): Commentary and Annotations, 2018 Edition

One of the first publications to offer an analytical and comprehensive look at the recent amendments and revisions to the Companies (Winding-Up and Miscellaneous Provisions) Ordinance (Cap.32) just enacted this past 2017.

 

An essential publication to comprehend all relevant amendments and changes to the law, examining and analysing:

• Key proposals designed to increase the protection of creditors in the course of a company winding-up
• Additional safeguards to reduce the risk of abuse by directors during a voluntary winding-up process
• Increased power of the Courts to set aside questionable transactions
• Streamlining the winding-up process to save time and costs for the administration of such cases

ProView eBook Exclusive Content:

1. Summary of revisions and changes to the law resulting from the 2016 Amendments to the Ordinance
2. Guide to the winding-up of a company
3. Sample Winding-Up Forms

 

General Editor: Antonio Da Roza

Pub Date: May 2018

Format: DUO / eBook

ISBN: 9789626618905

eISBN: 9789626618929

 
Drafting Trusts and Will Trust in Hong Kong Paperback

Print and ProView eBook included with exclusive content on eBook version!

The first publication on drafting wills and trusts in Hong Kong, this crucial guide explains the issues involved in preparing Hong Kong law trusts.

 
Landlord & Tenant (Consolidation) Ordinance (Cap.7): Commentary & Annotations

An analytical guide to all aspects of this Ordinance as it relates to property ownership and duty of care. The publication analyses and covers the law regulating public, private, and commercial tenants; freeholders; lease holders; repairing responsibilities; duty to maintain a safe environment, etc.

 
The Hong Kong Companies Ordinance (Cap.622): Commentary and Annotations, 2018 Edition

The full and complete annotations on all 921 sections and 11 schedules of the Primary Legislation, as well as all 12 provisions of the Subsidiary Legislation (Cap.622A - 622L) – presented in a 2-volume set.

Highlights of these Commentary & Annotations include:

• Summary and analysis of the key points of the newly added Division 2A to Part 12 and Schedules of the Ordinance focusing on the role of significant controllers and their new due diligence obligations as a result of the 2018 Companies Amendment – implemented to combat money laundering and terrorist financing.


• Each of the newly added ss.653A – 653ZK are reviewed and annotated individually – providing the reader with the detailed analysis needed to understand the each new provision of the Ordinance regarding these new obligations regarding company transparency, including:

(i) New ss.653A-653G along with new Schedules 5A-5C define the ‘applicable company’ who is a ‘significant controller’ of that company now under the duty to be registered and bound to these new disclosure rules;

(ii) New s.653P imposes a duty on the applicable company to obtain information and investigate any person who may be a significant controller;

(iii) New ss.653X and 653ZB requires the applicable company and the significant controller to allow a law enforcement officer to review and inspect all necessary records during the course of its investigations;

(iv) New s.653ZE states that it is a criminal offence for any person knowingly or recklessly provide false statements and not comply with any such inquiry; etc.
• Significant judicial decisions, rules of court, glossary of words and phrases, discussions on practical aspects and contentious issues in reference to each section and other authoritative materials including cross-jurisdictional references to corollary legislation are all updated and incorporated in this 2018 edition.

 

ProView eBook Exclusive Content:

1. Summary of the 2017 Companies (Amendment) Bill
2. Tabled summary of all 21 Parts of the Ordinance
3. Comparative table of the Companies Ordinance
4. Glossary of all terms defined

 
Law of Companies in Hong Kong, Third Edition

The definitive analytical text on Hong Kong company law covering all the recent applications, case law, and updates on the progress of Hong Kong’s new companies regime.

40% content updated, including:
(i) Review and analysis of the current regime in relation to corollary legislation
(ii) Analysis of key court cases decided since the current Companies Ordinance was enacted
(iii) Review and analysis of the 2018 Companies Ordinance Amendments regarding company
transparency and compliance with international anti-money laundering standards.
 
Written by experts on Hong Kong company law including one of the original drafters of the Company Law re-write.
 
 
Highlights:
 
1. Further reviews and expands upon the major proposals and initiatives developed and brought forth in the Companies Ordinance and Companies (Winding-Up and Miscellaneous Provisions) Ordinance.
 
2. Comprehensively examines case law and legal precedents decided in accordance with the Ordinance since its enactment 4 years ago.
 
3. Includes extensive analysis of all aspects of Company Law including the:
(i) March 2018 amendments involving company transparency and compliance with international anti-money laundering standards
(ii) Application of the 2016 companies winding-up amendments aimed at providing more creditor protection and streamlining the winding-up process.
 
This authoritative text gives practitioners everything they need for a company’s day to day practice:
(i) From incorporation to dissolution;
(ii) Formation of joint ventures; 
(iii) Purchase of a sole trader;
(iv) Partnerships;
(v) Civil and criminal proceedings, etc.

 

 
Bills of Exchange Ordinance: Commentary & Annotations (Cap.19)

Bills of Exchange Ordinance (Cap.19): Commentary and Annotations looks at the laws, rules, and regulations relating to bills of exchange – which includes cheques, promissory notes, payment/financial instruments, etc.

 
This Ordinance is essential to the world of finance as the law regulates all business payment systems. Bills of exchange are the fundamental financial instruments and mechanism of settlement for both local and international business and trading transactions.
 
This text provides a highly readable, yet in-depth account of the law and practice relating to bills of exchange, cheques, promissory notes, and other financial instruments. The annotators look at and examine each and every section of the law and explain how these financial documents work in and other instruments work in practice, drawing particular attention to the problems which are likely to arise and how best to resolve them.
 
Furthermore, because the parties to financial transactions are often based in different countries, the Ordinance has specific provisions to deal with jurisdiction and choice of law issues to enable the reader to determine which jurisdiction’s law applies if a conflict of law arises. 
 
Apology Ordinance (Cap.631): Commentary and Annotations

The thorough commentary, informed by comparative law … makes the book an asset not only for readers involved in the application of the Ordinance in Hong Kong, but also for those involved in the interpretation and application of similar provisions in other parts of the world.

 
From the Foreword by the Honourable Mr Justice French AC, NPJ, Former Chief Justice of the High Court of Australia
 
The Apology Ordinance (Cap.631) came into effect on 1 December 2017. Along with the Arbitration Ordinance (Cap.609) and Mediation Ordinance (Cap.620), the Apology Ordinance is the third in a trilogy of Hong Kong legislation that promotes non-litigious settlement of civil disputes. The Ordinance aims to promote and encourage the making of apologies with a view to preventing the escalation of disputes and facilitating their amicable resolution. This is the first stand-alone legislation on apology in Asia. Of particular significance, the Hong Kong legislation is the first in the world to define “apology” to include statements of fact (see s.8(2) of the Ordinance).
 
Apology Ordinance (Cap.631): Commentary and Annotations is a comprehensive commentary and annotation to the 13 sections and Schedule of the Ordinance. It provides a detailed analysis of the words and context of the legislation and of cases decided prior to the enactment of the legislation, as well as comparative content from common law jurisdictions with related legislation such as Australia, Canada and USA. Annotations are enhanced by the inclusion of useful Appendices one of which sets out the history of apology legislation around the world, and another which sets out the development of the Apology Ordinance in Hong Kong.
 
Lawyers and judges can draw on this text in their interpretation of the Ordinance. An extremely useful resource for other readers including practitioners involved in negotiations or mediation to resolve civil disputes which might lead to litigation.
 
British Virgin Islands Commercial Law, Fourth Edition

• The only authoritative reference source with comprehensive coverage of the British Virgin Islands offshore market

• Authored by Harney Westwood & Riegels, a leading law firm in the British Virgin Islands
 
• Approximately 40% of the content has been updated from the previous edition - Keeping you abreast of one
of the world’s fastest developing jurisdictions, including:
 
– Review and analysis of the new BVI laws and regulations on the companies and financial regimes
 
– Analysis of key appellate court decisions
 
– Examination of the new regulatory guidance provided by the BVI Financial Services Commission regarding money services
 
– A brand new chapter on BVI Insurance Law
 
– Review of the recent changes to the BVI Business Companies Act
 
– Analysis of the new Limited Partnership Act
 
– Examination of the BVI’s new beneficial ownership regime
 
 
British Virgin Islands Commercial Law is the only publication that focuses exclusively on the British Virgin Islands. The book provides a deep analytical view of the offshore jurisdiction’s legal landscape as it relates to companies, partnerships, credit and security, mutual funds, insolvency, dispute resolution, taxation, trusts and more.

Approximately 40% of the content has been updated – Keeping you fully abreast of one of the world’s fastest developing jurisdictions
This new edition continues to follow the major changes which have occurred as a result of the BVI Business Companies (Amendment) Acts of 2015 and 2016 which are now in force along with the new BVI Business Companies Regulations. The examination of these major changes and incorporation of new legal developments, plus the inclusion of a brand new chapter on BVI Insurance Law makes this edition a must-have for anyone with interests in BVI law and practice.
 
Written by practitioners expert in the jurisdiction
Harney Westwood & Riegels is a leading international offshore law firm headquartered in the British Virgin Islands.
 
* All royalties from book sales will be donated by Harneys to relief efforts for Hurricane Irma.

All customers from the Middle East, Europe and British Virgin Islands interested in British Virgin Islands Commercial Law, Fourth Edition, please contact UK office at TRLUKI.intlorders@thomsonreuters.com for quotations and orders.
 
Colinvaux's Law of Insurance in Hong Kong, Third Edition

The only text focusing exclusively on Insurance Law in Hong Kong

• Comprehensively covers the 2017 enacted amendments to the Insurance Ordinance (Cap.41) and revisions to the insurance regime
• Based on the popular and prestigious UK edition and adapted specifically for the Hong Kong insurance market
 
Colinvaux’s Law of Insurance in Hong Kong, Third Edition continues to be the only title in Hong Kong focusing exclusively on Insurance Law. Based on the popular and prestigious UK edition, it has been adapted specifically for the Hong Kong insurance market.
 
This Third Edition is fully revised and updated to reflect the extensive changes and updates to the Insurance Ordinance (Cap.41), newly renamed and enacted in 2017. Amended to reflect the latest developments in Hong Kong’s insurance regime, this edition is a must-have for every practitioner.
 
This new edition highlights changes and updates to the law over the past five years, including:
1. The newly formed Insurance Authority (IA) commenced its operation and has taken over the regulation of authorised insurers from the now disbanded Government Office.
2. Significant enhancement of the new regulatory, investigative and enforcement powers of the IA.
3. New provisions required for the appointment of authorised insurers of certain controllers, directors, key persons in control functions, and (for long term insurers) appointed actuaries.
4. Statutory codification of the ‘fit and proper’ criteria of all appointed persons.
5. Establishment of the Insurance Appeals Tribunal to hear appeals of certain decisions of the IA.
 
The Hong Kong Anti-Discrimination Ordinances: Commentary & Annotations (Collected Volume) Second Edition

Restructured and updated to reflect timely issues regarding legislation against discrimination, including legal rights and recognition of same-sex couples and strengthening the laws against harassment in work places, no matter the gender or sexual orientation.
 
The Hong Kong Anti-Discrimination Ordinances examined here include:
• Cap 480: Sex Discrimination Ordinance (SDO)
• Cap 487: Disability Discrimination Ordinance (DDO)
• Cap 527: Family Status Discrimination Ordinance (FSDO)
• Cap 602: Race Discrimination Ordinance (RDO)
 
THE MOST UP-TO-DATE AND AUTHORITATIVE REFERENCE GUIDE ANALYSING AND EXPLAINING HONG KONG’S ANTI-DISCRIMINATION LAWS
 
This new edition has been completely re-structured and revised to offer a concise, detailed section-by-section analysis of all the provisions of Hong Kong’s four Anti-Discrimination Ordinances. The relevant provisions of each Ordinance have been discussed, enhanced with:
(i) legislative amendments; (ii) recent cases, including analysis of the issues surrounding same sex marriages and transgender identity; (iii) comparative notes linking each Ordinance; and (iv) commentary on proposed law reforms.
 
Significant issues are reviewed and examined, including: (i) combing the four existing antidiscrimination laws into a single modernised Discrimination Ordinance; (ii) recognition and protection for persons in de facto relationships (as opposed to a heterosexual marriage); (iii) laws protecting new immigrants (i.e. Mainlanders) from discrimination; (iv) introducing new protections as the current anti-discrimination regime overlooks several grounds of discrimination; and (v) equal protection to both men and women (as as well as ‘gender x’ representing transgender and intersex people) from sexual harassment in common workplaces.
 
Authored by a team of experienced practitioners and academics
• Annotated by Hectar Pun, Barrister-at-Law, Denis Chang’s Chambers; Ann Lui, Barrister-at- Law, Parkside Chambers, and Michael Ramsden, Professor of Law, Chinese University of Hong Kong.
• Updated by Brendan Clift, Professor of Law, University of Hong Kong.

Presented in a clear, concise format with analysis that goes beyond the current state of legal implications under the ordinances
• Each section and subsection of the Ordinance is highlighted in the headings for easy navigation
• The concise format provides exactly what is necessary to better understand the Ordinance
• Provides analysis of anticipated legal issues that are yet to arise or which might arise as a result of the new amendments

 

 
Data Protection Law in Asia, Second Edition

One of the first publications of its kind to provide a comparative and critical overview of personal data protection laws in 12 jurisdictions of the Asia Pacific region

 
Commercial Litigation in Hong Kong A Practical Guide, Second Edition

THE GO TO RESOURCE ON THE SPECIALIST ISSUES OF COMMERCIAL LITIGATION

Commercial litigation is one of the busiest practice areas in Hong Kong with the commercial court developing its unique nuances. Commercial Litigation in Hong Kong: A Practical Guide, Second Edition is comprehensively reviewed and updated after 5 years from the publication of the first edition. It continues to provide an in-depth, comprehensive guide to the practice of commercial litigation, with more than 40% of content updated.
 
What’s New:
  • Distinguishes Mareva Injuctions from proprietary or asset preservation injunctions
  • Refers and explains the Revised Practice Guidelines for Admission of Overseas Counsel (Bar Circular no. 068 of 2015) issued by the Hong Kong Bar Association, in particular the checklist attached to those guidelines
  • References the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016
  • Replaces the old practice directions 11.1 & 11.2 with the most updated versions
 
New Cases Discussed:
  • Asia Fortune Media Group Ltd, Re (unrep., CACV 248/2015, 12 April 2016)
  • China Solar Energy Holdings Ltd, Re (unrep., HCCW 108/2015, 14 June 2017).
  • Joint Official Liquidators of A Co v B [2014] 4 HKLRD 374; L v G Ltd [2016] 1 HKLRD 167.
  • Z-Obee Holdings Ltd, Re (unrep., HCCW 85/2014, 27 June 2014).
  • Kam Leung Sui Kwan v Kam Kwan Lai (2015) 18 HKCFAR 501.
  • Solar Touch Ltd, Re [2004] 3 HKLRD 154;
  • Beauty China Holdings Ltd, Re [2009] 6 HKC 351, [21]-[23];
  • Pioneer Iron and Steel Group Company Ltd, Re (unrep., HCCW 322/2010, 6 March 2013).
  • Hyundai Engineering & Construction Co Ltd v UBAF (HK) Ltd
  • Skillsoft Asia Pacific Pty Ltd v Ambow Education Holding Ltd (No.2) [2016] 1 HKLRD 1052.
  • Zimmer Sweden AB v KPN Hong Kong Ltd [2009] 3 HKLRD 94
  • Re Mr David Perry QC [2016] 2 HKLRD 647
  • Re Mably [2014] 1 HKLRD 627
  • United Asia Fiance Ltd v Yiu Tsz Ngar [2015] 2 HKLRD 189
  • Sketchers Sarl v Eternity Freight International Forwarded (HK)(unrep., HCCL 6/2016, 22 August 2016)
  • Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Ltd (2016) 19 HKCFAR 586
  • XY LLC v Jesse Zhu (CACV 11/2016, 5 December 2016)
  • Wharf Ltd v Lau Yuen How (HCA 1535/2008, 9th January 2009)
 
Intellectual Property Law and Practice in Hong Kong, Second Edition

Intellectual Property Law and Practice in Hong Kong, Second Edition continues to be the standard text on intellectual property law in Hong Kong and the essential treatise for the modern day IP practitioner.

New topics covered:
• New cases in Hong Kong, UK, EU and other jurisdictions
• New Patent Ordinance
• Copyright Amendment Bills
• Proposed amendments to the Copyright Tribunal Rules
• Proposed amendments to the Arbitration Ordinance
 
Tort Law in Hong Kong, Fourth Edition

Tort Law in Hong Kong, now in its fourth edition, is both a learning tool for intending lawyers and the most up-to-date and comprehensive tort law resource for legal practitioners, academics and judges. The focus is on the Hong Kong law and context. The new edition provides critical analysis of more than 300 new court decisions from Hong Kong and relevant overseas jurisdictions.

 
Civil Procedure in Hong Kong: A Guide to the Main Principles, Fourth Edition

Civil Procedure in Hong Kong: A Guide to the Main Principles, Fourth Edition, a popular text with practitioners, has developed a reputation as being a user-friendly, simply written guide to the main principles of civil procedure.

The new edition covers important changes in relevant areas, including the recent abolition of the “as of right” route of appeal to the CFA. A few years have passed since the coming into effect of the Civil Justice Reform (CJR). The text elaborates on various points where it would be helpful for practitioners to have more of an explanation and/or a flavour of the Court’s general approach now.

 
The Hong Kong Anti-Money Laundering Ordinances - Commentary and Annotations, (Collected Volume), Second Edition

A clear and concise collected volume of all the annotated ordinances for practitioners, banking and corporate professionals, financers and investors in Hong Kong.

Money-laundering is prevalent and has been an increasing concern in Hong Kong, with rates far exceeding the global average. The Hong Kong Anti-Money Laundering Ordinances: Commentary and Annotations encompasses the latest materials on the three major Anti-Money Laundering Ordinances: Drug Trafficking (Recovery of Proceeds) Ordinance (Cap 405); Organized and Serious Crimes Ordinance (Cap 455); and Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (Cap 615).

The 2nd Edition is fully updated: reviewing and analyzing the recent updates and amendments that affect the Ordinance with cross-referencing to corresponding laws:


1. Applications and references to the corresponding sections to the: Companies Ordinance (Cap.622); Securities and Futures Ordinances (Cap.571); Banking Ordinance (Cap.155); Inland Revenue Ordinance (Cap.112); as well as international anti-money laundering standards;


2. Firms/Financial Institutions duty to comply with the AMLO – Revised rules and regulations to help detect and report suspicious activity including the predicate offenses to money laundering and terrorist financing, such as securities fraud and market manipulation;

3. Updated requirements of Firms/Financial Institutions (i.e. banks) to take preventative or mitigating measures commensurate with the nature and scope of the money laundering or terrorist- financing risks by identifying high-risk clients;

4. Revised customer due diligence measures (CDD) which must be undertaken and complied with prior to establishing any business relationship or conducting with, or conducting occasional transactions for customers;


5. New amendment of the AMLO to prescribe the statutory CDD and record-keeping requirements applicable to solicitors, accountants, real estate agents and trust and company service providers (“Designated Professions”) when they engage in specified transactions;

6. New amendments that require Firms/Financial Institutions to establish and maintain adequate and appropriate risk-based controls to address trade-based money laundering risks as well as develop written policies and procedures to assess and mitigate money laundering risks arising from trade-related activities;

7. Proposed amendments to the Companies Ordinance (Cap.622) to require companies incorporated in Hong Kong to maintain beneficial ownership information.


ProView eBook Exclusive Content:

1. The Monetary Authority’s Guideline on Anti-Money Laundering and Counter-Terrorist Financing (For Authorized Institutions);

2. The Securities and Futures Commission’s Guideline on Anti- Money Laundering and Counter-Terrorist Financing (For Licensed Corporations);

3. The Insurance Authority’s Guideline on Anti-Money Laundering and Counter- Terrorist Financing (For authorized insurers, reinsurers, appointed insurance agents and authorized insurance brokers carrying on or advising on long term business); and

4. Guidance Paper on Combating Trade-based Money Laundering

 
Croc of Final Appeal

Following the success of The Law is a Crocodile and Crocodile at Law, Sweet & Maxwell is pleased to present Croc of Final Appeal from Mr. Justice Kemal Bokhary.

This is the third in a trilogy of cartoon law books by Mr Justice Kemal Bokhary. Like its predecessors, it reaches out to the general public as well as lawyers. Its main theme is the law’s role in achieving the ideals to which humankind aspires. To convey his thoughts, the author has written 149 entries and drawn 152 cartoons. The link between natural law and human rights is explored. Democracy, justice and the rule of law are among the topics addressed.  So are civil disobedience, constitutional methods, the separation of powers and much more besides. Humour is often employed, but always to make points meant to be taken seriously.

 
Financial Institutions (Resolution) Ordinance (Cap.628): Commentary & Annotations, 1st Edition

The law comes into full effect on 8 July 2017.

First text to review and analyze this new Financial Institutions (Resolution) Ordinance (Cap.628) enacted because of the recent 2015 and 2016 amendments to the Securities and Futures Ordinance (Cap.571) allowing the Securities and Futures Commission as well as other financial authorities for the resolution of systemically important financial institutions in the banking, insurance, and securities and futures sectors, as well as certain financial market infrastructures, when a crisis occurs leading to the failure of that monetary fund in an orderly manner without taxpayer exposure to loss from solvency support, while also maintaining the continuity of their vital economic functions.

All 244 Sections and 8 Schedules of the Financial Institutions (Resolution) Ordinance (Cap.628) are reviewed and analyzed. This new text examines the new powers given to the Hong Kong Money Authority (“HKMA”), Insurance Authority (“IA”), and the Securities and Futures Commission (“SFC”) and how might they be applied to help and resolve the issues that arise when a financial institution fails, including the powers to:

(i) impose a write off or conversion of capital instruments issued by authorized financial institutions;

(ii) to resolve a holding company or group company of a within scope entity;and

(iii) to give effect to a resolution action taken by an overseas counterpart.

This is an essential text to all legal practitioners and regulators working in the commercial, financial, and companies sector, as well as all those working in the banking/finance industry, including accountants, money managers, investment brokers, etc.

 

ADDITIONAL USEFUL TOOLS PROVIDED IN THE TEXT:
1. I-Annex 3: Resolvability Assessments
2. I-Annex 4: Essential Elements of Recovery and Resolution Plans
3. Financial Institutions (Resolution) (Protected Arrangements) Regulation
4. Principles on Loss-absorbing and Recapitalisation Capacity of G-SIBs in Resolution – Total Loss-absorbing Capacity (TLAC) Term Sheet
5. Hong Kong Monetary Authority: Resolution Planning – Core Information Requirements

PROVIEW E-BOOK EXCLUSIVE CONTENT
1. Key Attributes of Effective Resolution Regimes for Financial Institutions
2. Regulations on Protected Arrangements: Consultation Paper

 
The Conflict of Laws in Hong Kong, 3rd Edition

The only up-to-date authoritative guide in Hong Kong on Conflicts.

 
Construction Dispute Prevention and Resolution in Hong Kong 2016

The reliable and comprehensive authority on construction law and the dispute resolution process in Hong Kong