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Category: Blog

Employees and vaccination – a complex issue

By Henry Siu Hong Kong, 27 April 2021: Can an employer fire a member of staff for refusing to be vaccinated against Covid-19? This is an increasingly common question as Hong Kong’s mass inoculation programme enters its second month and the government ties the easing of social distancing restrictions in the F&B sector to a […]

Power grab fans the flames of protest

Hong Kong, 21 April 2021: “Some people think football is a matter of life and death. I don’t like that attitude. I can assure them it’s much more serious than that.” The famous quote of the late, great Liverpool manager Bill Shankly, a man renowned for his Scottish working class roots (he was a coal […]

DOJ secures ‘joint enterprise’ enforcement (Part II)

By Michael Jackson Hong Kong, 15 April 2021: In Part I, we outlined the recent decision of the Hong Kong Court of Appeal (“HKCA”) in Tong Wai Hung ([2021] HKCA 404) in which the court ruled that the doctrine of “joint criminal enterprise” (as it has been styled by the Court of Final Appeal – […]

Dose of reality keeping us firmly grounded

Hong Kong, 14 April 2021: Six-year-olds can be refreshingly blunt with their questions. “Gung gung [grandfather], when can I go to my house?” asks grandson Nathan. He’s referring to our idyllic family retreat on Australia’s Gold Coast where, in normal circumstances, we typically stay two or three times a year. I do my best to […]

Uber ruling shines headlights on gig economy

By Allison Lee and Claire Chow Hong Kong, 9 April 2021: In a landmark judgment, the UK’s Supreme Court has ruled Uber drivers should be classified as “workers” rather than “self-employed”, thus making them entitled to benefits such as a minimum wage and paid holidays. The ruling has implications for companies operating in the so-called […]

Back to the future, minus our democrats

Hong Kong, 7 April 2021: I hope Dennis Skinner is enjoying his well-earned retirement. A titan of British politics and Labour Party icon, he represented the Midlands constituency of Bolsover in Parliament for 49 years until 2019. For 31 of those years the Conservatives were in power and the “Beast of Bolsover” – a former […]

Armed and ready, we await vaccine restart

Hong Kong, 31 March 2021: Patrick Nip, the Secretary for the Civil Service, doesn’t strike me as a party animal. He’s hardly the sort of guy to have a few drinks, let his hair down and start a conga line. That said, he’s leading us all a merry dance with his Covid-19 vaccination rollout, which […]

DoJ secures ‘joint enterprise’ enforcement (Part I)

By Kristie Wong and Jennifer Lee  Hong Kong, 30 March 2021: A landmark Court of Appeal judgment has enforced the legal principle of “joint enterprise” in regard to cases of alleged unlawful assembly or rioting. The judges have confirmed that even people not physically present at the scene can face the same charges as participants.  […]

Understanding history in this time of transition

Hong Kong, 24 March 2021: Modern Hong Kong may be undergoing significant political, societal and legislative changes, but evidence of this city’s fascinating history is all around us. We have 126 so-called declared monuments, a collection of old buildings, archaeological relics and historic sites protected by the Antiquities and Monuments Office. Government House (completed in […]

Drawing conclusions from a copyright dispute

By Susan Cheung and April Kong Hong Kong, 23 March 2021: A furore which led to the termination of an art exhibition in Guangzhou last month serves as a timely reminder of the significance of copyright law. The exhibition featured a cartoon character called Rabbitduck, created by Feng Feng, a professor at the city’s Academy […]

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Hearsay evidence reform in pipeline

By Arthur Chan and Jasmine Kwong Hong Kong 2 July 2026: After years of deliberation, steps are being taken to reform the rule against hearsay in criminal proceedings in Hong Kong. The move has been widely welcomed by professional legal bodies, academics and the Judiciary as being in the best interests of justice. The Evidence (Amendment) Bill […]

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A landmark moment? Watch this space

Dallas, 17 June 2026: As spring turned to summer in 1961, President John F. Kennedy famously stood before Congress and declared the USA should seek to land a man on the moon by the decade’s end. “No single space project in this period will be more impressive to mankind or more important for the long […]

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New commercial court is welcome news

By Alex Liu and John Zhou Hong Kong, 16 June 2026: In a welcome development, the Judiciary has unveiled plans to establish the Hong Kong International Commercial Court, a specialist division of the High Court, to adjudicate complex, high-value international and cross-border commercial disputes. The move will strengthen this city’s standing as both a global […]

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Law & More: Episode 67 – Queenie Lau SC

Hong Kong, 15 June 2026: This episode features Senior Counsel Queenie Lau, who reflects on her early years at boarding school in the UK, university days at Cambridge and her subsequent career in the legal profession, including her initial steps as a corporate solicitor before deciding her future lay at the Bar. Queenie speaks with […]

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Addressing ‘illegality’ in cross-border disputes

By Alex Liu and Arthur Chan Hong Kong, 3 June 2026: In a judgment carrying huge significance for cross-border transactions, the Court of Final Appeal has ruled that claims for unjust enrichment should not be fatally undermined when an agreement between parties is tainted by illegality. The ruling makes clear that Hong Kong courts should […]

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