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Results: 1-10 of 36

Standing Committee of the National People's Congress gives interpretation in Democratic Republic of the Congo v. FG Hemisphere Associates: sovereign immunity in Hong Kong is confirmed to be absolute

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • September 1 2011

The Standing Committee of the National People's Congress ("SCNPC") has given its interpretation of certain questions referred to it by the Hong Kong Court of Final Appeal ("CFA") in its landmark provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates

Court imposes custodial sentences for false statements of truth

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • October 12 2011

In the recent case of Kinform Ltd v Tsui Loi (DCMP 9472011), the Hong Kong District Court found two defendants guilty of contempt of court for verifying, or causing to be verified, a false statement by a statement of truth, and handed down immediate custodial sentences of five and six months respectively

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

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • 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

CFA rules on privilege against self-incrimination in anti-corruption investigations

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • November 19 2012

In a decision handed down on 13 November 2012 the Court of Final Appeal (CFA) held that a non-suspect party which was required to provide information and documentation in the course of an investigation conducted under the Prevention of Bribery Ordinance (the POBO) could not invoke the privilege against self-incrimination

Private Wealth Newsletter - Spring 2013

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • May 2 2013

This bulletin briefly summarises three recent court decisions. They concern three separate legal concepts which all may seem a little obscure, but

Hong Kong Court of Final Appeal clarifies law of sovereign immunity in Hong Kong, with important implications for contracts with state entities

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • June 27 2011

In a landmark provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates FACV Nos. 5, 6 & 7 of 2010, the Hong Kong Court of Final Appeal (CFA) has held by a majority of 3:2 that absolute sovereign immunity applies in Hong Kong, with no exception for purely commercial transactions or assets

SFC imposed first revocation of IPO sponsor's licence to advise on corporate finance for due diligence failings

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • April 30 2012

On 22 April 2012, the Securities and Futures Commission ("SFC") announced that it revoked Mega Capital (Asia) Company Limited's ("Mega Capital") licence to advise on corporate finance and fined it HK$42 million for failing to discharge its duties as a sponsor in the listing of Hontex International Holdings Company Limited ("Hontex"

Reforms ahead for litigation funding in Hong Kong?

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • March 13 2012

The cost of civil litigation can be high, and in many jurisdictions the law allows arrangements which can lower the costs risks to litigants

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
  • -
  • Hong Kong
  • -
  • 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

Shanghai Land: Hong Kong Court of Appeal quashes conviction of banker

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • April 1 2010

In September 2008, the Hong Kong District Court convicted two bankers, three financecorporate lawyers and a listed company financial controller, of conspiracy to defraud in connection with their work on the takeover of imGO (later renamed "Shanghai Land"