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Applications to strike out civil proceedings for delay or want of prosecution - the way forward

Herbert Smith Freehills LLP
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Hong Kong, United Kingdom
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January 11 2012

The Court of Final Appeal has, in Liquidator of Wing Fai Construction Company Limited v Yip Kwong Robert and Others (FACV 32011, 8 December 2011), informed practitioners of the approach the courts must now take when faced with applications to strike out civil proceedings for delay or want of prosecution on the part of the plaintiff

Tiger Asia management loses final jurisdictional challenge: Hong Kong's highest court confirms court's free-standing power to grant orders over contraventions of the securities and futures ordinance under Section 213

Herbert Smith Freehills LLP
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Hong Kong
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May 16 2013

After over two and a half years since US-based hedge fund manager Tiger Asia Management LLC and its three officers (collectively "Tiger Asia") sought

Court has no jurisdiction under Section 213 of the SFO to determine contraventions of insider dealing provisions

Herbert Smith Freehills LLP
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Hong Kong
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June 29 2011

The Court of First Instance has ruled that it does not have jurisdiction under section 213 of the Securities and Futures Ordinance (Cap. 571) ("SFO") to make a declaration that Tiger Asia Management LLC ("Tiger Asia") engaged in insider trading contrary to section 291(5) of the SFO

Shanghai Land: Hong Kong's highest court quashes convictions of all defendants

Herbert Smith Freehills LLP
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Hong Kong
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September 28 2011

In 2008, the Shanghai Land case resulted in the conviction and imprisonment of six individuals, two bankers, three lawyers and a financial controller, for conspiracy to defraud

Mediating in Hong Kong: issues you will need to consider

Herbert Smith Freehills LLP
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Hong Kong
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January 7 2010

A new Practice Direction 31 (PD 31) on Mediation published by the Judiciary came into effect on 1 January 2010

Hong Kong proposes new legislation to protect the confidentiality of mediations

Herbert Smith Freehills LLP
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Hong Kong
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November 24 2011

The recently gazetted Mediation Bill (the "Bill") aims to protect the confidential nature of any "mediation communication", which is any communication made for the purpose of or in the course of mediation

Court of Appeal upheld SFC's appeal in Tiger Asia, confirming CFI's power to make final orders based on own finding of alleged market misconduct

Herbert Smith Freehills LLP
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Hong Kong
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February 28 2012

The Securities and Futures Commission ("SFC") secured a victory in the Court of Appeal last week in its ongoing battle against the New York-based hedge fund Tiger Asia Management LLC and several of its officers

Amendments to the self-reporting requirement under the Code of Conduct to come into effect in December 2012

Herbert Smith Freehills LLP
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Hong Kong
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May 30 2012

The Securities and Futures Commission (SFC)'s two-month consultation on the amendments to the Code of Conduct to facilitate the establishment of the Financial Dispute Resolution Centre Ltd (FDRC) and to enhance the regulatory framework (Consultation) ended in January 2012

Regulator triumphs as issuer is delisted

Herbert Smith Freehills LLP
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Hong Kong
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January 15 2010

The shares in Sanyuan Group Limited have recently been delisted from the Hong Kong Stock Exchange after a suspension of over five years and seven months

Insurance regulatory reform an independent insurance authority proposed

Herbert Smith Freehills LLP
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Hong Kong
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July 22 2010

The Financial Services and Treasury Bureau has recently launched a three-month public consultation on the "Proposed Establishment of an Independent Insurance Authority"

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