What will the Hong Kong Courts do when the debt upon which a winding up petition is based is subject to an arbitration agreement? The tension between insolvency and arbitration remains unresolved. At its core lies an inherent conflict between party autonomy to choose arbitration and the statutory right of creditors to invoke the insolvency jurisdiction of the Courts. There are inevitably competing interests and a need to strike a balance based on the circumstances of each case, but how have Hong Kong and other common law jurisdictions navigated this? Felda Yeung explore this in an article for Hong Kong Lawyer magazine.
Under Hong Kong employment law, governed primarily by the Employment Ordinance (“EO”) (Cap. 57), both the employer and the employee, have the right to terminate an employment contract by giving the other party due notice or payment in lieu of notice and with or without cause, subject to certain restrictions which are discussed below.Although dismissing tends to be relatively easy in Hong Kong compared to other jurisdictions such as mainland China, the UK or the US, employers should ensure that they adhere to the relevant statutory requirements and any specific contractual provisions. They should also remain mindful of the implied obligation of mutual trust and confidence where possible, so as not to seriously damage the relationship between the parties. This guide outlines the legal considerations and proper procedures for employers to consider when terminating employees.
With an increasing number of parents traveling overseas to bring children back to Hong Kong for Christmas, questions have arisen regarding what happens if a child (or adult) tests positive upon their return and whether the family will be split up.
Matthew Durham and Kritika Sethia have written an article on employee wellness in the workplace for BritCham’s magazine where they explore the WHO’s definition of health and how Hong Kong lacks a comprehensive or holistic legal framework to address mental health issues in the workplace. They also provide practical steps and initiatives for employers to promote mental wellness.
The very first case that the Hong Kong Court recognised and granted assistance to bankruptcy administrators appointed by the Mainland Chinese courts in insolvency proceedings commenced in Mainland China in Re CEFC Shanghai International Group Limited [2020] HKCFI 167. Following the latest developments in the insolvency and restructuring regime, the Hong Kong Court has made further strides towards the enhanced cross-border restructuring cooperation in Re HNA Group Co Limited [2021] HKCFI 2897, in which the Honourable Mr. Justice Harris recognised Mainland Chinese reorganisation proceedings for the very first time (the “Decision”).
The Hong Kong Government announced that effective from 27 October 2021, the discharge criteria for confirmed Covid-19 patients will be tightened. They have taken the position that patients who have recovered from the virus may still be carriers for approximately 14 days. Accordingly, to prevent the spread of the virus, after being discharged from hospital, patients will be subject to a further 14 day period of isolation and health monitoring in a government isolation facility (North Lantau Hospital Hong Kong Infection Control Centre).
Nick Gall and Ashima Sood have contributed the Hong Kong chapter for the 2022 International Comparative Legal Guide (ICLG) to Competition Litigation. The chapter covers common issues in competition litigation law and regulations in Hong Kong, including interim remedies, final remedies, evidence, justification/defences, timing, settlement, costs, appeal, leniency and anticipated reforms.
Dispute resolution clauses could have profound implications when a dispute arises. Parties are encouraged to consult lawyers specialised in commercial litigation and dispute resolution at an early stage regarding the implication of the particular dispute resolution clause (or the absence of the same) in their contract out of which the dispute arises, which is at the heart of the design of the overall strategy for a swift and effective dispute resolution process.
Of Counsel Felda Yeung has contributed the Hong Kong chapter to this Q&A publication with DFDL which aims to shed light on the practical issues surrounding the enforceability of arbitral awards in Bangladesh, Cambodia, Hong Kong, Indonesia, the Lao PDR, Myanmar, Thailand and Vietnam.
Gall is working together with Carey Olsen and Quinn Emanuel Urquhart & Sullivan to advise an Ad Hoc Group of bondholders (“AHG”) in relation to an offshore scheme of arrangement in the ongoing restructuring of Luckin Coffee Inc (“Luckin Coffee”) in Cayman.
