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SFC new power to provide overseas regulators with supervisory assistance - a glimpse of the regulators' future cooperation
With effect from 13 November 2015, the Securities and Futures Ordinance was amended to give new powers to the Securities and Futures Commission (SFC) to …
Herbert Smith Freehills' new global report reviews corruption trends and perceptions in close to 100 countries
Please click here to preview this publication. We have launched the first global edition of our Anti-corruption Report, reviewing a year in which …
You can't keep a good man down
In the recent case of Eastern Athletic Association Football Team Ltd v Alessandro Ferreira Leonardo (HCA 2383/2015), the High Court refused to grant an …
Promises, promises, promises – Hong Kong Court considers inter-vivos gifts and proprietary estoppel
In Li Miaoli and Others v Chan Shu Fong and Others HCA 845/2011, the Court held that a father did not make an inter-vivos gift of shares to his son. …
Hong Kong Court of Final Appeal clarifies the law in respect of shareholders' petitions to wind up foreign companies on just and equitable grounds
In its landmark decision of Kam Leung Sui Kwan v Kam Kwan Lai & Ors FACV 4/2015, issued yesterday, the Court of Final Appeal has brought some closure …
When will the Hong Kong Court grant pre-action discovery?
In Zhang Shouen and another v Standard Chartered Bank (Hong Kong) Ltd HCMP 682/2015, the Court considered whether to grant the applicants' request for …
UK Supreme Court rewrites English law rule on penalties whilst Hong Kong (for the moment at least) still continues to follow the traditional test
In a judgment handed down on 4 November, the UK Supreme Court has in effect re-written the rule on contractual penalties in England & Wales, holding …
The growth of hybrid dispute resolution processes in Asia – Singapore and the Arb-med-Arb protocol
Herbert Smith Freehills Senior Associate Emmanuel Chua has published an article titled "The growth of hybrid dispute resolution processes in Asia – …
Hong Kong Court considers commercial character of funder in context of assessing commercial funding arrangements for companies in liquidation
The case of Re Company A-E [2015] HCMP 2019/2015 demonstrates that the Court will take a practical approach in determining whether a funding arrangement …
Amendments to the Indian Arbitration Act now effective
The Indian Government has taken steps to implement long awaited arbitration reforms by promulgating an ordinance, the Arbitration and Conciliation …
Hong Kong court revokes letters of administration as administrator makes misrepresentations in affirmation
In Fung Sing Wai v. Chow Chiu Wan and Others, the Court revoked letters of administration on the grounds that the administrator failed to establish that …
Hong Kong Court of Appeal finds TVB manager guilty of bribery in high profile case
On 26 October, the Court of Appeal handed down its long-awaited judgment regarding bribery charges against former TVB general manager and TV presenter, …
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