Searching Content by Gareth Thomas from Herbert Smith Freehills ordered by Published Date Descending.
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No If, No But – Will An Arbitration Agreement Always Trump A Winding-Up Petition?
In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal dismissed an appeal to set aside a statutory demand arising out of online forex futures trading debts.
Hong Kong
21 Aug 2019
Hong Kong Court Considers Tests For Dishonesty And Blind-Eye Knowledge In Dishonest Assistance Claims
In Re Galleria (Hong Kong) Limited [2019] HKCFI 1877, the Hong Kong Court of First Instance examined the legal principles in relation to dishonesty and blind-eye knowledge.
Hong Kong
14 Aug 2019
Grave Offences – Sale Of Cemetery Sites By Bankrupt Individual Is A Transfer At Undervalue With Intent To Defraud Creditors
In Yeung Lui Ming v Tang Mo Lin Irene [2019] HKCFI 1848, the Hong Kong Court of First Instance set aside a sale of cemetery sites and a transfer of shares by a bankrupt individual on the basis that they constituted...
Hong Kong
13 Aug 2019
Rejected: Hong Kong Court Refuses Letters Of Request From US Federal Court
In Re A Civil Matter Now Pending in United States District Court for the Western District of Washington [2019] HKCFI 1738 , the Hong Kong Court of First Instance rejected two letters of request (the "LORs") from the...
Hong Kong
9 Aug 2019
APAC: Long Term Sick Leave
Our Asia comparative article this month compares and contrasts the rules across the region in relation to long term sick leave.
8 Aug 2019
Personal Data Protection Act To Take Effect In May 2020
On 27 May 2019, the Personal Data Protection Act ("PDPA") was published in the Thai Government Gazette.
5 Aug 2019
Compliance Check: South Korea – New Laws On Workplace Harassment
New provisions regulating workplace harassment and bullying set out in South Korea's amended Labour Standards Act (the "LSA") were recently implemented on 16 July 2019.
South Korea
5 Aug 2019
Improved Employee Rights Under Draft New Labour Code
In May 2019, a draft amendment to the current Vietnamese labour code (the "Draft No 2") was submitted to the National Assembly,
5 Aug 2019
Launch Of Asia Pacific Guide To Privilege 2019
The Guide will be of particular interest to businesses engaging in cross-border activities between the highlighted jurisdictions.
30 Jul 2019
New Convention On Cross-Border Recognition And Enforcement Of Civil And Commercial Judgments
The final text of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Convention) was agreed on 2 July 2019.
29 Jul 2019
Guideline On Cybersecurity For Hong Kong Authorised Insurers Will Come Into Effect On 1 January 2020
Last Friday, the Hong Kong Insurance Authority published its Guideline on Cybersecurity (GL 20) for authorised insurers. GL 20 will take effect on 1 January 2020.
Hong Kong
29 Jul 2019
Compliance Check: Philippines Labour Arrangements
The Philippines Department of Labour and Employment (DOLE) continues to uphold stringent labour requirements. Department Order 174 of 2017 (DO 174)
26 Jul 2019
Extending Employment Benefits To Same-Sex Couples
On 6 June 2019, the Hong Kong Court of Final Appeal ruled that the Hong Kong Government could not deny spousal benefits to employees because they are in a same-sex marriage.
Hong Kong
25 Jul 2019
Employees & Privilege: Dominant Purpose, Waiver And Iniquity
Two recent English decisions highlight the particular challenges when managing legal professional privilege in the context of resolving employee issues.
Hong Kong
4 Apr 2019
The Hong Kong Court Of Appeal Considers Constitutionality Of The Requirement To Disclose Suspicious Transactions
In Interush Limited & Anor v The Commissioner of Police, the Commission of Custom & Excise and Mak Wing Yip Cyril, Superintendent of Police [2019] HKCA 70,
Hong Kong
3 Apr 2019
No Use Lashing Out Over Unpaid Debts – Cosmetics Distribution Company Avoids Winding Up Order Despite Failing To Establish Bona Fide Defence
In Swiss Cosmeceutics (Asia) Ltd [2019] HKCFI 336, Mr Justice Harris of the Hong Kong Court of First Instance declined to wind up a company despite it failing to establish a bona fide defence
Hong Kong
3 Apr 2019
HKMA Turns Up The Heat And Announces Consultation On IBOR Transition
On 12 February 2019, the Hong Kong Monetary Authority (HKMA) announced in a briefing to the Legislative Council Panel on Financial Affairs that the Treasury Markets Association (TMA)
Hong Kong
3 Apr 2019
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