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 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.

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 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.

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.

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.

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.

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.

From the Foreword by The Right Honourable The Lord Scott of Foscote

Hong Kong White Book 2021 is Hong Kong’s most trusted court companion. When there are countless decisions to be made, opponents to handle, clients to manage and a myriad of courses you could follow, Hong Kong White Book 2021 is the source you can trust.

Authored by a talented pool of over 95 specialist practitioners, Hong Kong White Book 2021 continues to provide the most comprehensive coverage of matters relevant to civil procedure.

Key Highlights to the 2021 edition include:

Order 11
• The anti-suit injunction section of O.11 has been rewritten.

Order 24
• The court has made clear that Norwich Pharmacal applications must be made by way of originating summons
• The court will not make an order for production of a document that is not in existence
• The court has inherent jurisdiction to order specific discovery at any time (either before or after the commencement of proceedings) as an alternative to an application under s.41 of the High Court Ordinance or O.24 r.7A(1)
• Third-party disclosure under s.42 of the High Court Ordinance and O.24 r.7A(2) must be made by a party to existing proceedings but if the party can obtain the document without a court order, the court will refuse the discovery application
• The court will not make a discovery order if the litigant is able to obtain copies of those requested documents from a third party without a court order, and there is no evidence that such requests would have been refused by such third party (Jowers v Kinney [2019] HKCFI 2791, [2019] 5 H.K.L.R.D. 686, CFI)

Order 67
• The decision in Tang Siu Nam v Tang Chi Man [2019] 4 HKLRD 312 is discussed where the court highlighted the better use of O.67 r.5(1) particularly at a time when there is a downturn in the economy and therefore intervention and/or cessation of law firms may, sadly, be a more frequent occurrence.

Volume 3 Arbitration and ADR
The Arbitration and ADR volume of the White Book 2021 represents a comprehensive review of new case law that has emerged since the last edition, with important and concise updates on a number of significant developments, including incorporation of arbitration agreements by reference, anti-suit injunctions against third parties, staying arbitral proceedings in favour of winding-up proceedings, security for setting aside and serious irregularity challenges including remission of the award. In light of the new developments, the section on Article 8 regarding stays has been restructured.

Commentaries reflecting the latest developments under the Mediation Ordinance (Cap.620) are also included. The commentary on third party funding has been reviewed for easier reading and contains updates on relevant English case law for reference. 

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 

• 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.
 

• 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.

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.

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

• 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.

• 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.

• 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 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

*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.

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

Company Law in Hong Kong: Insolvency, 2019 provides the most recent precedents, case law, decisions, and amended legislation relating to all the surviving sections of the re-titled Companies (Winding-Up and Miscellaneous Provisions) Ordinance (Cap. 32). The text includes reviews and analyses of the fully enacted 2017 amendments designed to:

(i) increase and enhance protection for creditors;
(ii) streamline the winding-up process;
(iii) strengthen the regulations under the winding-up regime;
(iv) enhance the integrity of the winding-up process; and
(v) related consequential and minor technical
amendments to the law for easier understanding.

• A single and complete text reviewing and analysing all sections of the law as amended over the last four years, fully incorporating all recent changes to the law including:

           (i) new Parts 3A and 14A added to the Ordinance

           (ii) related amendments in accordance to the new provisions of the Companies Ordinance (Cap.622) and Financial Institutions (Resolution) Ordinance (Cap.628)

• Annotated and edited by Mr. Laurence Li, Barrister-at-Law from Temple Chambers and a team of distinguished contributors, including former Enforcement Director and legal counsel from the Securities and Futures Commission

The 2018 Edition is fully updated and incorporated – reviewing and analysing all the amendments and revisions to the law over the last four years with cross-referencing to corresponding legislation:

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

Your Practical Companion to Archbold Hong Kong

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

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.

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 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

• 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.

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.

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.

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

The only text focusing exclusively on Insurance Law in Hong Kong

• This new edition provides localisation of substantive legal content, building on the precedents of pleadings that have been tightly drafted by specialist law firms
• Your subscription includes a complimentary supplement in 2018 which will provide two new chapters complete with new precedents

The authoritative reference work for Hong Kong contract law, updated!

Providing the new updates to local contract law, enabling you to draft and interpret contracts with complete confidence.
• Changes to 80% of the chapters by the distinguished author team
• A new chapter on a hot topic: Cyber law

Authoritative new content to the fifth edition:
• Mediation content reviewed by Mr. Justice Lam, Vice President of the Hong Kong Court of Appeal.
• Undue Influence examines contracts entered into under tremendous inequality of bargaining power, and very often duress.
• Restitution & Unjust Enrichment detailing a new section on Remedies, the essential guidance for legal actions, guiding you to understand how to rectify a wrong right
• Sales of Land highlights substantially expanded. Recent cases on condition of property, requisitions, memorandums, courts’ emphasis on pragmatism and freedom of contract, and new sections on fixtures and Chinese customary law.

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

THE GO TO RESOURCE ON THE SPECIALIST ISSUES OF COMMERCIAL LITIGATION

• 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

• 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, 9^th January 2009)

Company Law in Hong Kong: Insolvency, 2018 focuses and provides an updated analysis on all matters relating to the surviving sections of the re-titled Companies (Winding-Up and Miscellaneous Provisions) Ordinance (Cap. 32) dealing with all corporate recovery and insolvency issues in Hong Kong. This title also provides an overview and summary of the recent 2017 amendments to the insolvency and winding-up provisions, now fully incorporated into the Ordinance. These amendments are primarily to:

(i) Increase and enhance protection for creditors;
(ii) Streamline the winding-up process;
(iii) Strengthen the regulation under the winding-up regime;
(iv) Enhance the integrity of the winding-up process; and
(v) To make related, consequential and minor technical amendments to the law for easier understanding.

Company Law in Hong Kong: Practice and Procedure, 2018 provides further updated analysis of the modernised legal framework for the incorporation and operation of companies in Hong Kong. The progress of the four main objectives of this Ordinance remains the point of focus:

(i) Enhancing corporate governance;
(ii) Ensuring better regulations;
(iii) Facilitating business in Hong Kong; and
(iv) Modernising the law, three years after its full and complete enactment.

Three years on from its enactment, the Companies Ordinance (Cap. 622) continues to be an integral part of Hong Kong’s corporate and financial schemes. This new 2018 edition incorporates all the new cases relevant to this law.

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.

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 practical companion to The Hong Kong White Book
Since its first edition in 1993, Civil Litigation in Hong Kong has proved to be an unparalleled practical guide to the rules of civil procedure in Hong Kong.

A step-by-step practical guide
Its checklists, diagrams, and sample documents have been a valuable source of knowledge for trainee solicitors and practitioners who conduct civil litigation. Now available in DUO, which includes a ProView eBook version for you to personalise your copy.

Completely up-to-date with new content covering numerous changes to the dispute resolution
Since the previous edition, a wealth of case law has now fleshed out the new rules and this fifth edition puts meat on those bones by instructing readers based on almost a decade of post-CJR practical experience. This edition covers:
• Updated and improved sections on sanctioned offers and sanctioned payments, mediation and settlement
• Major changes in the arbitration regime — increasingly popular as a method of alternative dispute resolution.

Written by a team of experienced practitioners who specialise in Civil Litigation and Dispute Resolution
• Allan Leung, Partner, Hogan Lovells Hong Kong
• Douglas Clark, Gilt Chambers

Enjoy 30% off for The Hong Kong White Book subscribers on or before 30 September 2017!

Download the order form now.

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

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.

Clarity on the impact of the Arbitration (Amendment) Bill 2016, and the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016, passed in June 2017, in this practical guide endorsed by Geoffrey Ma GBM QC SC, the Chief Justice of the Hong Kong Court of Final Appeal.

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

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

The authoritative reference work for Hong Kong contract law.