Latest by David Smyth

Blog

Funding for disputes – “one step forward”

Published on 04 January 2019. By David Smyth, Senior Partner, Hong Kong and Michael Maguiness, Of Counsel

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In a significant development in June 2017, the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance was enacted. It provides for a legislative regime for third party funding of arbitration and mediation in Hong Kong.

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Blog

Hong Kong's Court of Final Appeal rules on fraudulent or deceptive conduct in share dealings

Published on 15 November 2018. By Jonathan Crompton, Partner and David Smyth, Senior Partner, Hong Kong

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In another landmark case for the Securities and Futures Commission (SFC) in Hong Kong, the Court of Final Appeal has ruled on the ambit of section 300 of the Securities and Futures Ordinance (Cap. 571 – the Ordinance), and confirmed that it covers insider trading in shares listed outside Hong Kong.

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Blog

More dismissal of 'dormant' claims

Published on 12 July 2018. By David Smyth, Senior Partner, Hong Kong

Defendants should welcome the recent judgment in Fiscalink International Ltd v Yiu Yu Sum Alex,(1) in which the court struck out the plaintiffs' claims against a majority of the defendants on the basis that the lack of progress over many years was an abuse of process such that the entire action against those defendants should be dismissed.

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Publication

Financial litigation roundup winter 2017

Published on 13 December 2017. By Tom Hibbert, Partner and David Smyth, Senior Partner, Hong Kong

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Welcome to the latest edition of our Financial Litigation roundup, where we share our insights into recent judgments and ongoing cases as well as new regulatory developments from the banking and financial world in the UK and Asia.

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Blog

Hong Kong: broker commission – proposed rules of conduct

Published on 10 July 2014. By David Smyth, Senior Partner, Hong Kong

A key provision of the Insurance Companies (Amendment) Bill 2014 is the formation of an independent Insurance Authority (IA) to take over from the Office of the Commissioner of Insurance.

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Blog

Regulator gets its Tiger in HK

Published on 08 January 2014. By David Smyth, Senior Partner, Hong Kong

Overseas hedge fund admits to insider dealing of listed shares in Hong Kong

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Blog

Hong Kong regulator takes second shot at Asian Tiger

Published on 18 July 2013. By David Smyth, Senior Partner, Hong Kong

Hong Kong's principal regulator (the Securities and Futures Commission) has confirmed that it has launched proceedings before the Market Misconduct Tribunal (MMT) against Tiger Asia Management LLC and three of its principal officers.

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Blog

Regulator's pursuit of market misconduct in Hong Kong – Top court delivers written judgment

Published on 23 May 2013. By David Smyth, Senior Partner, Hong Kong

As noted in my blog of 30 April, the Court of Final Appeal in Hong Kong ("the CFA") abruptly dismissed the appeal in Tiger Asia Management LLC & Ors v Securities and Futures Commission ("the SFC"), FACV Nos. 10, 11, 12 and 13 of 2012.

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Blog

Prosecuting "insider dealing" in Hong Kong

Published on 30 April 2013. By David Smyth, Senior Partner, Hong Kong

Hong Kong's top court expected to confirm there is a "third way"

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Blog

Rise of accountancy profession in China

Published on 22 April 2013. By David Smyth, Senior Partner, Hong Kong

The accountancy profession is on the rise in China.

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