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RPC | Hong Kong | 16 Aug 2022

Latest decision on dismissal of "stale" claims 10 years on from landmark judgment

Ten years have passed since the Court of Final Appeal's judgment in Wing Fai Construction Co Ltd (in liquidation) was formally reported – a landmark judgment that confirmed that the foundation for the exercise of the Hong Kong courts' jurisdiction to strike out for delay is abuse of process. In a recent reported decision, the Court of First Instance of the High Court demonstrated again a......
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Mayer Brown | Hong Kong | 15 Aug 2022

When are 'Settlement Agreements' in Employment Matters Unenforceable in Hong Kong?

In the case Dock Brian v. Pacific Gourmet Holdings Ltd [2022] HKCFI 444, the Hong Kong Court of First Instance (CFI) heard an appeal from the Labour…
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Des Voeux Chambers | Hong Kong | 1 Aug 2022

Exhaustion of Rights and Liability for Joint Tort - the Hazards of E-Commerce Platforms

With the pandemic hitting hard, online shopping has become the new normal. Goods and services become more “fluid” and transactions become less…
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ONC Lawyers | Hong Kong | 27 Jul 2022

雇佣合约中的「补偿条款」是否可强制执行?

雇主与雇员可以自由磋商及议定雇佣合约的条款,只要雇佣合约并不终绝或减少《雇佣条例》(香港法例第57章)赋予雇员的…
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ONC Lawyers | Hong Kong | 27 Jul 2022

Is “compensation clause” in an employment contract enforceable?

Employers and employees are free to negotiate and agree on the terms of their employment contracts. So long as the employment…
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ONC Lawyers | Hong Kong | 27 Jul 2022

僱傭合約中的「補償條款」是否可強制執行?

僱主與僱員可以自由磋商及議定僱傭合約的條款,只要僱傭合約並不終絕或減少《僱傭條例》(香港法例第57章)賦予僱員的…
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Des Voeux Chambers | Hong Kong | 26 Jul 2022

商标权利用尽与共同侵权责任——电子商务平台的危机

随着新冠肺炎疫情对日常生活的重创,网上购物已成为新常态。商品与服务变得更加 “流通”,交易亦不再那么具有地域性。 在近期玫琳凯诉天猫…
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RPC | Hong Kong | 19 Jul 2022

Application for letter of request for witness in mainland China to give evidence dismissed

In Bold Shine Investment Ltd v Tsuim the Court of First Instance of the High Court dismissed the plaintiff's application for a letter of request to be issued to a court in mainland China so that their witness (who was detained there) could give evidence at trial in Hong Kong. The witness had already provided a witness statement and the Court did not consider that it or the parties would be in......
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Sidley Austin LLP | Hong Kong | 6 Jul 2022

Hong Kong Court of Final Appeal Clarifies the Benefit Requirement in Winding up Foreign Companies

On 14 June 2022, the Hong Kong Court of Final Appeal (the “CFA”) handed down a long-awaited and landmark judgement in Shandong Chenming Paper…
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ONC Lawyers | Hong Kong | 30 Jun 2022

Post Lasmos - What is the legal effect of an arbitration agreement governing an underlying debt on a winding-up petition?

In the recent case of Re Hong Kong Bai Yuan International Business Co., Ltd [2022] HKCFI 960, the Court of First Instance (“Court”)…
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