Month: February 2020

COVID-19 and the Doctrine of Frustration in Hong Kong

In our recent article we discussed the legal ramifications of the force majeure clauses to “excuse” parties from performing onerous or impossible contracts in the wake of the COVID-19 outbreak. Whilst it is not uncommon for commercial contracts to incorporate force majeure clauses, there remain circumstances under which a party may also consider to seek to relieve themselves from performing under the common law doctrine of frustration.

COVID-19 and the Operation of Force Majeure in Hong Kong

The outbreak of COVID-19 novel coronavirus has brought about disruptions to both public life and international business of an unprecedented scale. Not surprisingly, there have already been instances of parties relying on the contractual force majeure clauses to “excuse” themselves from performing onerous or impossible contracts.In this article, partners Nick Gall, Evelyn Chan, Kenix Yuen and Trainee Solicitor Adriel Wong explore whether a force majeure clause applies to COVID-19 and to a party's performance, and the various actions to take if a party considers that it is entitled to invoke a force majeure clause.

Gall Contributes Hong Kong Chapter on Asset Recovery for Lexology Getting The Deal Through

Nick Gall and Ashima Sood have contributed the 2020 Hong Kong Chapter on Asset Recovery for Lexology Getting The Deal Through. The publication provides expert summaries of the laws and regulations which have been developed to freeze and repatriate the proceeds of fraud and corruption, and Gall’s Hong Kong chapter explores both civil and criminal asset recovery.

Gall Contributes Updated Version of Hong Kong Pensions Q&A for Pensions Global Guide

Andrea Randall and Joni Wong recently provided updates on their Practical Law Q&A guide to pensions law in Hong Kong for Pensions Global Guide. The Q&A gives a high level overview of the key practical issues including: state pensions; supplementary pensions; funding and solvency requirements; tax on pensions; business transfers; participation in pension schemes; and employer insolvency and overall scheme solvency.