The Non-Hong Kong Companies (Disclosure of Company Name, Place of Incorporation and Members’ Limited Liability) Regulation (Cap. 622M of the Laws of Hong Kong) (“Regulation”), will commence operation on 1 August 2019. The Regulation re-enacts the existing provision of section 792 of the Companies Ordinance (Cap. 622 of the Laws of Hong Kong) (“Companies Ordinance”) which will be repealed when the Regulation comes into effect.
The recent Cathay Pacific Airways’ data breach, in which personal data of 9.4 million passengers were leaked, has raised grave public concern about personal data protection again. In the wake of this incident, the European Union’s General Data Protection Regulation, came into force on 25 May 2018, has also gained widespread attention.
Workplace accident is one of the most common types of accidents in Hong Kong. In light of the issue, the Employees’ Compensation Ordinance (Chapter 282, Laws of Hong Kong) (“ECO”) confers on an employee who sustained injuries at work a right to recover compensation from his/her employer. This newsletter shall focus on non-fatal cases and identify the legal rules contained in the ECO and under the common law, then it shall set out the general procedure for employees’ compensation claims.
Occupiers’ liability refers to the potential liability of occupiers arising from occasions where visitors suffer injuries on the occupiers’ premises by reason of the occupiers’ failure to maintain the premises safe for use. In Hong Kong, occupiers’ liability is regulated by both the Occupiers Liability Ordinance (Chapter 314, Laws of Hong Kong) (“OLO”) and the common law. This newsletter shall focus on the applicability of the OLO and elaborate on the extent of the occupiers’ duty of care owed to visitors and the requisite standard of care. It then addresses a common misconception about the occupiers’ liability through illustrations.? What makes it interesting? Write a catchy description to grab your audience's attention...
THE IMPLICATIONS OF THE NEW APOLOGY ORDINANCE 新《道歉条例》带来的影响
On 1 December 2017, the Apology Ordinance (Cap. 631, Laws of Hong Kong) (“Ordinance”) came into effect. The Ordinance changes the legal consequences of any sort of apology (unless otherwise specifically excluded in the Ordinance) made pursuant to a dispute. The driver of this legislation is to assist with dispute resolution and to facilitate settlement between parties. While Hong Kong is the first jurisdiction in Asia to enact an apology legislation, it draws on other common law jurisdictions such as those of the UK, Australia, US and Canada.
Companies (Amendment) Bill 2017 2017年公司（修订）条例草案
The Companies (Amendment) Bill 2017 (the “Bill”) was published by the Hong Kong government on 23 June 2017 as part of the effort to bring the regulatory regime on combating money laundering and terrorist financing in Hong Kong in line with international standards.
Extension of vicarious liability in Hong Kong?
In conducting risk assessment, employers are often concerned with their exposure to liability for tortious acts committed by their employees or independent contractors. In the recent case of Tsoi Wing Yuk v Perfect Marble Co Ltd & Anor [2016] HKCU 830, the Hong Kong Court of First Instance sought to extend the scope of such liability by drawing on a recent UK case.