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Results: 1-10 of 38

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


Trust law reform takes a step forward
  • Herbert Smith Freehills LLP
  • Hong Kong
  • February 21 2013

After a number of years in gestation, the Trust Law (Amendment) Bill was gazetted on 8 February 2013. The Bill is widely regarded as a necessary


The year of the dragon a litigator's review of key cases and developments
  • Herbert Smith Freehills LLP
  • Hong Kong
  • February 8 2013

As the Year of the Dragon draws to a close we summarise in this e-bulletin some key cases and developments which are likely to be of interest to


The Hong Kong Court of First Instance rules on whether the “no reflective loss” principle applies to a shareholder’s claim brought under a personal guarantee
  • Herbert Smith Freehills LLP
  • Hong Kong
  • June 5 2013

In the recent case of Suen Kwai Kam v Zhong Hua International Holdings Ltd and others 2013 HKEC 457 the Hong Kong Court of First Instance (CFI


Court of First Instance decides whether Nina Wang has bequeathed her fortune as an absolute gift or a charitable trust
  • Herbert Smith Freehills LLP
  • Hong Kong
  • February 26 2013

In its decision of 22 February 2013 the Court of First Instance ("CFI") decided that, on its true construction, Nina Wang's Will gave her


Hong Kong courts provide guidance on sanctioned offers
  • Herbert Smith Freehills LLP
  • Hong Kong
  • June 7 2013

There have been a number of recent cases in which the Hong Kong courts have provided guidance on the effect of sanctioned offers. The trend appears


Shanghai Land: Hong Kong's highest court quashes convictions of all defendants
  • Herbert Smith Freehills LLP
  • Hong Kong
  • 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


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


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


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