Articles

A new chapter in cross-border insolvency: the first application by Hong Kong liquidators for recognition and assistance in Mainland China

On 14 May 2021, a cooperation mechanism was established between the Mainland and Hong Kong in the form of the Record of Meeting of the Supreme People's Court and the Government of the Hong Kong Special Administrative Region and Mutual Recognition of and Assistance to Bankruptcy (Insolvency) Proceedings between the Court of the Mainland and the Hong Kong Special Administrative Region and the Supreme People’s Court’s Opinion on taking forward a pilot measure in relation to Recognition and Assistance to Bankruptcy (Insolvency) Proceedings in the Hong Kong Special Administrative Region (the “SPC Opinion”).

International Child Abduction and The Hague Convention

What is International Child Abduction? According to the Report on International Parental Child Abduction published by the Law Reform Commission of Hong Kong in April 2002, international child abduction is when a child has been wrongly removed or retained across an international border. It usually occurs when there is a relationship breakdown between the parents.

Reconsidering the need for parallel schemes of arrangement

The cautious and prudent approach for distressed companies pursuing a Hong Kong scheme of arrangement is to simultaneously pursue a parallel scheme in their home jurisdiction, even if most if not all of its debts are governed by Hong Kong laws. The rationale is to prevent hostile creditors from disrupting the implementation of the scheme in another jurisdiction, thereby better insulating the distressed company.

Parental Rights for Same-Sex Partners in Hong Kong

At present, same-sex marriages and civil partnerships are not recognised under the laws of Hong Kong. This means that same-sex couples do not currently enjoy the same parental rights as opposite-sex couples in Hong Kong. Consequently, same-sex parents are not attributed equal parental rights.

A Short Guide to Civil Litigation Procedure 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.

Employer’s Guide: Reimbursement of Maternity Leave Pay Scheme

The Employment Ordinance, Cap. 57 was amended with effect from 11 December 2020 to increase statutory maternity leave from 10 weeks to 14 weeks. Once the maternity leave pay (“MLP”) for the entire period is paid, employers are entitled to apply for reimbursement capped at HKD80,000 for the MLP corresponding to the 11th to 14th weeks under the Reimbursement of the Maternity Leave Pay Scheme (the “RMLP Scheme”). The RMLP Scheme announced by the Labour Department is now open for application.

Can an Employer Require its Employees to Test for COVID-19 in Hong Kong?

The rise in Covid-19 cases has left many employers in Hong Kong contemplating whether they can lawfully require their employees to undergo testing for Covid-19. In times like these, employers find themselves trying to balance their business interests and continuity on one hand, with employees’ concerns and sensitivities on the other. In this article we discuss factors that employers should consider when requesting or directing employees to undergo Covid-19 testing.

Remote Working from Overseas: Key Legal Implications Employers Should Know

Remote working arrangements have become prevalent in response to the challenges posed by the pandemic such as risk of infections, travel restrictions and quarantine requirements in Hong Kong and elsewhere. Many employers are also considering remote working as ‘the new normal’ given the reduced operational costs. For some employees, remote working may mean working overseas. In this article, we discuss the legal implications that employers in Hong Kong should have regard to before allowing their employees to work overseas.