Articles

Employment Spotlight: Applicability of the Apology Ordinance in the Workplace

Increasingly, there has been a spotlight on issues and complaints which arise in the workplace. Common issues might include complaints relating to harassment, bullying, discrimination and preferential treatment. When tensions run high, an apology is often valuable in helping to diffuse conflict and amend relationships. However, there is often a general reluctance to apologise for fear that it might constitute an admission of fault which might be used against a party in legal proceedings.

A Short Guide to Civil Litigation in Hong Kong: Q&A

When a dispute over rights and obligations between two parties arises, the parties may commence a civil litigation. At the end of litigation, the Court will determine whether and to what extent a party's rights have been infringed, and the appropriate remedy or compensation that party is entitled to.Commencing civil litigation may not be as straightforward as one would think though, and the road from commencement to judgment can be long and complicated. In this Q&A, partner Evelyn Chan and Trainee Solicitor Adriel Wong provide a general overview of Hong Kong's civil litigation process so prospective litigants can be more informed before commencing proceedings.

Well-Being and Mental Health in Family Law in Hong Kong

Executive Partner and Head of the Family and Divorce practice Caroline McNally explores why it is critical for family lawyers to support colleagues with mental-health challenges, how to identify when peers or clients may need help, and the need for removing the stigma around mental health issues in Hong Kong.

Valuation of Shares in Unfair Prejudice Proceedings

Shareholders’ disputes, in some cases, are like a divorce according to Gall Consultant Kenix Yuen. Business partners work for years together, and eventually build up a successful business empire, only to find that it is time to go separate ways. In the unfortunate event that the break-up is painful and shareholders have to proceed with unfair prejudice proceedings, what would be the relevant considerations during the process of valuation if a buy-out order is made in the Hong Kong court?Kenix Yuen explores this in her article for In-House Lawyers’ Autumn 2019 issue.

Evelyn Chan and Yandy Lam contribute the Hong Kong chapter for Lexology Getting The Deal Through – Enforcement of Foreign Judgements 2020

Representing jurisdictions worldwide, this new volume in the Getting The Deal Through series offers expert analysis of the key issues relating to the enforcement of foreign judgments. Topics covered include: treaties, regulations and conventions, limitation periods, types of enforceable order, competent courts, defences, judicial requirements and procedures, significance of the enforcing jurisdiction’s public policy to the enforcement of foreign judgments, awards and enforcement process.

Connecting Hong Kong Arbitrations to Mainland Interim Measures

Stan Cheung explores the benefits and implications of the recent “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR” whereby parties to arbitrations seated in Hong Kong may now seek interim measures from the PRC courts.