Latest by Antony Sassi
Court reviews witness’s reluctance to travel to Hong Kong because of COVID-19
In Standard Chartered Bank (Hong Kong) Ltd v Nie, the Court of Appeal refused the defendant (who resides outside Hong Kong) permission to appeal a trial judge’s decision not to allow her to give evidence by videoconferencing facilities (VCF) at trial. Apparently, the defendant had been reluctant to travel to Hong Kong from Beijing (where she resides) to attend the trial because of concerns about the COVID-19 public health pandemic. Both the trial judge and the Court of Appeal appear to have been unimpressed by the defendant’s application. Giving witness evidence by VCF during a trial in civil proceedings is not the norm (even during a pandemic). A party looking to rely on such evidence needs to act promptly to obtain the court’s permission and provide good reasons for doing so supported by credible evidence.
Read more
General adjournment in Hong Kong does not extend duration of ex parte injunction
In Hong Kong, the courts have generally been closed, save for urgent and essential court business as a result of COVID-19.
Read moreHong Kong Courts – In with the old and the new technology
In Re Cyberworks Audio Video Technology Ltd,(1) the High Court of Hong Kong decided that it can, as part of its case management powers and of its own volition, order that a directions hearing take place by means of a telephone conference without the physical presence in court of the parties or their legal representatives.
Read moreHong Kong courts begin use of video conferencing
Given the extended general adjourned period (GAP), during which the courts in Hong Kong have been closed except for urgent and essential court business, the judiciary has adopted an incremental approach to the use of technology for remote hearings.
Read moreLitigation in the time of Coronavirus (Hong Kong - Update)
The "General Adjourned Period" (GAP) during which the courts in Hong Kong have been closed, save for urgent and essential court business, has been extended to 13 April 2020.
Read moreTax breaks to promote insurance sector
On 30 March 2020 the Financial Services Development Council (FSDC) published its paper “Insuring Hong Kong’s Future –Tax Recommendations to Enhance and Grow Hong Kong’s Insurance Industry”. This is a further step taken by the FSDC to enhance the competitiveness of the Hong Kong insurance market as a key global risk management centre and regional insurance hub. The several proposed tax measures would extend to both (re)insurance companies, brokers and individual policyholders.
Read moreLead market regulator's lawsuit includes professional advisers
In another significant development in the Securities and Futures Commission's (SFC) efforts to combat market misconduct-type activity involving listed shares in Hong Kong, the lead market regulator has commenced civil proceedings under Section 213 of the Securities and Futures Ordinance (Cap 571) in respect of China Forestry Holdings Co Ltd (in official liquidation). What makes the proceedings noteworthy is that besides naming the company and two of its directors as co-defendants, the regulator's civil complaint also names two co-sponsors and the auditor involved with the company's initial public offering (IPO) in 2009.(1)
Read morePre-judgment interest rate – prime plus 1%
In May 2016 the Court of Appeal in Hong Kong handed down three consistent decisions confirming that (among other things) prime rate plus 1% should continue to be used as the starting point for awarding pre-judgment interest on damages awarded by the courts in civil disputes.
Read moreSanctioned offers and old-style Calderbank offers
Following the introduction of formal sanctioned payments and sanctioned offers pursuant to the civil justice reforms adopted in April 2009, it has not been entirely clear to what extent pre-trial Calderbank offers (without prejudice save as to costs) still provide costs protection for an offeror.
Read more