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h k - l a w y e r . org
December 2015
Cover Story
Teresa Cheng
GBS SC JP
CONSUMER PROTECTION
FAMILY LAW
INTERNATIONAL TAXATION
GBS
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Editorial Board
Chairman
Huen Wong
Jenkin SF Chan
Peter CH Chan
Heidi KP Chu
Steven B Gallagher
Warren P Ganesh
Minkang Gu
Julienne Jen
Dave Lau
Byron Leung
George YC Mok
Anne Scully-Hill
Michelle Tsang
Adamas KS Wong
Tony Yen
www.hk-lawyer.org
14 COVER STORY
President
Stephen WS Hung
Vice-Presidents
Thomas ST So
Melissa K Pang
Council Members
Dieter LT Yih
Junius KY Ho
Huen Wong
Peter CL Lo
Michael J Lintern-Smith
Billy WY Ma
Sylvia WY Siu
Cecilia KW Wong
Kenneth SY Ng
Joseph CW Li
Amirali B Nasir
Brian W Gilchrist
Gavin P Nesbitt
Denis G Brock
Nick Chan
Bonita BY Chan
Mark Daly
Secretary-General
Heidi KP Chu
Law Societys Contact: www.hklawsoc.org.hk
Tel: +852 2846 0500
Annual Subscription : HK$3,360
PROTECTION
32 CONSUMER
37 FAMILY LAW
4 EDITORS NOTE
6 PRESIDENTS MESSAGE
8 CONTRIBUTORS
11
14 COVER STORY
Face to Face with
Teresa Cheng GBS SC JP
Chair of The Hong Kong International Arbitration Centre
GBS
32 CONSUMER PROTECTION
Experience in Enforcing the Unfair Trade Practices
37 FAMILY LAW
December
2015
HK$280
Editor
Cynthia G Claytor
cynthia.claytor@thomsonreuters.com
Tel: +852 2847 8053
Managing Editor
Ranajit Dam
ranajit.dam@thomsonreuters.com
Tel: +65 6870 3393
42 INTERNATIONAL TAXATION
48 INDUSTRY INSIGHTS
61 CASES IN BRIEF
70 PROFESSIONAL MOVES
76 PRACTICE MANAGEMENT
Staying Relevant in the Age of Technology
82 CAMPUS VOICES
84 LAWYERS AT LEISURE
Driving a Plane?
A Change of Heart
Special thanks to
Hong Kong Law Reports & Digest and
Reuters News
Traffic Administrator
Gloria Ng
NAL TAXATION
gloria.ng@thomsonreuters.com
42 INTERNATIO
Publisher
Amantha Chia
amantha.chia@thomsonreuters.com
Tel: +65 6870 3917
ANAGEMENT
76 PRACTICE M
84 LAWYERS AT
LEISURE
EVENT NAME
CITY
COUNTRY
TYPE
8 MARCH
MALAYSIA IP CONFERENCE
KL
Malaysia
Conference
16 MARCH
BK
Thailand
Summit
23 MARCH
HK
Hong Kong
Conference
29 MARCH
KOREA ANTI-CORRUPTION
SL
Korea
Conference
30 MARCH
SG
Singapore
Conference
7 APRIL
KL
Malaysia
Awards
26 APRIL
SG
Singapore
Summit
28 APRIL
MN
Philippines
Summit
17 MAY
JK
Indonesia
Summit
19 MAY
JAPAN IP CONFERENCE
TK
Japan
Conference
24 MAY
SINGAPORE ANTI-CORRUPTION
SG
Singapore
Conference
26 MAY
SG
Singapore
Awards
14 JUNE
TK
Japan
Awards
28 JUNE
HK
Hong Kong
Conference
30 JUNE
SL
Korea
Summit
22 JULY
MN
Philippines
Awards
24 AUGUST
KL
Malaysia
Summit
6 SEPTEMBER
HK
Hong Kong
Awards
8 SEPTEMBER
HK
Hong Kong
Summit
15 SEPTEMBER
SG
Singapore
Conference
29 SEPTEMBER
JAPAN ANTI-CORRUPTION
TK
Japan
Conference
6 OCTOBER
HCM
Vietnam
Summit
20 OCTOBER
TK
Japan
Summit
27 OCTOBER
JK
Indonesia
Awards
9 NOVEMBER
KL
Malaysia
Conference
15 NOVEMBER
ARBITRATION CONFERENCE
SG
Singapore
Conference
17 NOVEMBER
SL
Korea
Awards
30 NOVEMBER
SG
Singapore
Conference
AMANTHA CHIA
Publisher and Head of Sales
SHYANNE CHEN
Advertising Sales Manager
(Indonesia, Malaysia)
HENRY CHENG
Account Manager
(Hong Kong, Korea)
AMY SIM
Sales Manager
(Japan, Singapore, Taiwan)
SARDOR YANGIBAYEV
Sales Executive (Philippines,
Singapore, Thailand, Vietnam)
December 2015
EDITORS NOTE
We are constantly bombarded with hype about technology and the ability
of artificial intelligence to transform the legal industry. While many new
inventions hold much promise to revolutionise the way legal services can
be provided, odds are new technologies wont big-bang most law firms
out of existence in the next five to 10 years. Rather, good firms that fail
to innovate and evolve will probably suffer a much more pedestrian fate:
they will simply cease to matter. Their client-bases will dwindle, their core
strengths will languish and opportunities to keep pace with or get in
front of changing client needs will pass them by.
While larger firms can and will likely devote considerable time and
resources to IT and re-engineering their business, small to mid-sized law
firms can also remain relevant without breaking the bank. To find out how,
check out the Practice Management feature (p. 76) in this months issue,
which provides 13 ways in which firms with limited IT budgets can still stay
relevant in the age of technology.
2013719
Also included is an article (p. 42) providing an overview of the OECDs 2015
Final Reports to the OECD/G20 Base Erosion and Profit Shifting Project,
whose key recommendations, when implemented, are expected to have a
tremendous influence on the way countries tax multinational enterprises.
The main purpose of the BEPS project is to align taxation with economic
activities and value creation. Although the BEPS project focuses on MNEs,
its recommendations have the potential to affect smaller entities that use
structures that involve more than one country.
As we come to the years end, we would like to thank you, our readers, as
well as our countless contributors for your support and feedback in 2015.
We hope for the same in 2016.
5
10
:
------
(78)13
2012()()
(35)
(45)
(OECD)/(G20)
(BEPS)2015
BEPS
BEPS
2015
2016
Best wishes for a happy holiday season and a prosperous new year.
Cynthia G. Claytor
Cynthia G. Claytor
4www.hk-lawyer.org
cynthia.claytor@thomsonreuters.com
December 2015
PRESIDENTS MESSAGE
6www.hk-lawyer.org
December 2015
PRESIDENTS MESSAGE
()
1994
1994
1994
1994
12
19941994
50B(4)
www.hk-lawyer.org 7
December 2015
CONTRIBUTORS
(
)
2013
Rebecca Lachno
Withers, Associate
8www.hk-lawyer.org
Rebecca Lachno
Rebecca
December 2015
Philippa Hewitt
CONTRIBUTORS
Philippa Hewitt
Philippa
Law Reports
Family Law and Practice in Hong Kong(1st
edition 2011; 2nd edition 2014)Atkins
Richard Weisman
Richard Weisman
()
Noam Noked
Richard Weisman
Noam Noked
()
Noam Noked
(S.J.D.)
(CPA)
www.hk-lawyer.org 9
December 2015
Tony Williams
Tony Williams
Tony Williams
Sindy Wong
Jomati
Consultants
Jomati
Jomati Consultants,Tony
20
2000
Andersen Legal2002
10Jomati
2013
SPH v SA
Hong Kong Collaborative Practice Group
Sindy
Sindy
10www.hk-lawyer.org
Consultants2012
Jomati
LLP
December 2015
619()
80()
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(i)
(ii)
(iii)
(iv)
(v)
http://www.hklawsoc.org.hk/pub_e/news/
submissions/20151027.pdf
www.hk-lawyer.org 11
December 2015
Solicitor Corporations
Two new operation models for law firms in Hong Kong are in the
pipeline, limited liability partnerships (LLPs) and corporations.
Both models require legislative amendments.
LLP is expected to be introduced in early 2016.
For solicitor corporations, the necessary amendments to the
principal legislation, the Legal Practitioners Ordinance (Cap. 159)
(LPO), have already been passed. A new Part IIAA on solicitor
corporations has been added to the LPO. It sets out the principles
according to which a solicitor corporation limited by shares is to be
formed, administered and wound up.
These amendments however have not come into operation yet
because in addition to the amendments to the LPO, new subsidiary
rules are needed to put in place a regulatory framework for solicitor
corporations including, for instance:
(a) the approval procedure and criteria in relation to a company
applying to become a solicitor corporation;
(b) the requirements on the membership and directorship of a
solicitor corporation;
2016
(159)()
IIAAIIAA
(a)
(b)
(c)
(d)
12www.hk-lawyer.org
(e)
December 2015
166
10
2016
(20151031)
9,773
8,554 (out of whom, 6,377 (75%)
are in private practice)
850
1,274
(from 30 jurisdictions)
79
2,083
426
37 (32 in civil proceedings,
5 in criminal proceedings)
458
34
()
(75%) )
850
1,274
9,773
8,554 (6,377
(30)
851 (48%25
()
42%)
79
2,083
426
37 (32
5)
458
34
www.hk-lawyer.org 13
December 2015
Teresa Cheng, GBS SC JP, Chair of the Hong Kong International Arbitration Centre (HKIAC)
discusses trending issues and developments in international arbitration and tells us why 2015
has been such an exciting year for Hong Kong and HKIAC in the disputes resolution realm.
Introduction
What do cyberattacks, sanctions and the
Hague Convention on Choice of Court
Agreements have in common? They all
raise issues that Teresa Cheng, GBS SC JP,
Chair of the HKIAC, has likely considered
before eating breakfast.
As HKIACs Chair, Ms. Cheng deals
with a host of issues making waves in
international arbitration circles, but her
primary responsibility is to work with
the HKIAC Executive Committee under
the supervision of the HKIAC Council
to develop Hong Kongs position as an
eminent arbitration and dispute resolution
centre. She is specifically tasked with:
working with the Council to set the
vision and tone of the institution;
furthering the policy objectives of
the institution through collaboration
with other bodies, representing the
institution at necessary functions and
connecting the institution with relevant
opportunities; and
working with the leadership of the
Secretariat to ensure the proper
running of the institution.
Of the issues and pressures Ms. Cheng
faces on a daily basis, she says the main
challenge has been ensuring she fulfils
her duties while connecting them with
the future development of arbitration and
dispute resolution internationally, amidst
the growing competition in other areas.
14www.hk-lawyer.org
December 2015
COVER STORY
www.hk-lawyer.org 15
December 2015
Strategically Important
Markets
To meet the growing need for arbitral
services in Asia, HKIAC has been
outward looking in promoting their
services to parties in a variety of
markets. While China is important to the
success of the HKIAC and many other
organisations based in Hong Kong,
Ms. Cheng indicated that South Korea,
India, Southeast Asia and Russia are
also strategically important markets to
HKIACs future development.
16www.hk-lawyer.org
South Korea
Given Hong Kongs geographic proximity
to Korea, our increased number of
arbitration cases involving Korean parties
and HKIACs strong and collaborative
relationship with the Korean arbitration
community,HKIAC is very committed to
South Korea, Ms. Cheng said.
She also indicated that HKIAC plans to
continue to strengthen its profile in South
Korea and provide on-the-ground support
to Korean law firms and companies in
relation to HKIACs dispute resolution
services.
India
India is another jurisdiction that HKIAC
finds strategically important, as it is one
of the largest disputes markets in the
region. Ms. Cheng noted that the Indian
Governments gazettal of Hong Kong in
March 2012 was an important development
for HKIAC, as awards rendered in Hong
Kong are now recognised and enforced in
Indian courts.
Given that Sino-Indian trade is projected
to exceed US$100 billion, Hong Kong is
seen as a natural and neutral alternative
to arbitration on the Mainland, Ms. Cheng
said.
Southeast Asia
Southeast Asia is another important
region for HKIAC. Further developments
are expected as ASEAN countries
progress towards regional economic
integration. Intra-regional investments
and foreign direct investments from
major investor economies, including
China, are expected to further increase.
Russia
Triggered by the leading role played
by Asia in the recovery from the global
economic crisisand the current political
and economic climate arising from events
in Ukraine, Russian commercial activity
mirrors the general shift in the global
economic balance from West to East, Ms.
Cheng explained.
As recently as 2003, cross-border trade
between Russia and China amounted to
just US$12 billion. Over the last decade
that figure has increased more than sevenfold, reaching US$90 billion last year. Both
sides recognise the synergies between
the worlds largest energy exporter and
the worlds most populous nation and
biggest manufacturer, with both Russia
and China expecting trade between the
two neighbours to reach US$200 billion
by 2020.
Further, the ongoing events in Ukraine
and resulting sanctions imposed on
certain individuals and major state-owned
Russian companies have also worked to
alter the structure of Russias operations
December 2015
Trending Issues
The needs of disputing parties are everchanging, requiring legal and arbitration
service providers to think creatively and
extensively about how to improve the
arbitral process to ensure the needs of
parties are met.
Current issues that are trending include
the impact of sanctions on cross-border
transactions, the development and
innovations in funding agreements,
cybersecurity in international arbitration
and the rise of instruments like the
Hague Convention of 30 June 2005 on
Choice of Court Agreements (the Hague
Convention), which came into effect
1 October 2015.
COVER STORY
David Waldron, Hague Convention Choice of Court Agreements to Take Effect in October, LawFlash (13 Jul 2015), http://www.morganlewis.com/pubs/hague-convention-choice-of-court-agreementsto-take-effect-in-october?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original.
www.hk-lawyer.org 17
December 2015
18www.hk-lawyer.org
Concluding Remarks
2015 has been an exciting year for
HKIAC and Hong Kong, filled with many
Teresa Cheng
GBS SC JP
Chair of The HKIAC
December 2015
COVER STORY
GBS
Cynthia G. Claytor
GBS SC JP
2015
GBS SC JP
2013
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)2014
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2015(2014
)
www.hk-lawyer.org 19
December 2015
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COVER STORY
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2013
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www.hk-lawyer.org 21
December 2015
Participation in the
International Legal
Conferences in October and
November Law Society Breakfast at the
IBA Conference
On 5 October, the Law Society held a
breakfast session entitled The Asian
Century: A Borderless Trade and
Investment Environment in Hong Kong
during the International Bar Association
Annual Conference in Vienna.
It was well attended by over 90 delegates.
We were honoured to have Mr. Wesley
Wong, Solicitor General, on our Panel,
explaining the unique features of Hong
Kongs legal system to our guests.
Sincere gratitude also extends to our
other Panel speakers, Council Member
Mr. Huen Wong and Mr. Robert P for
their excellent presentations on the
advantages of doing business in Hong
Kong and what Hong Kong can offer as an
international arbitration venue.
Panel discussion.
22www.hk-lawyer.org
The President presents the plaque of appreciation to the speakers for their contribution to the event.
Left to right: President Stephen Hung, Mr. Wesley Wong, Solicitor General of Department of Justice HKSAR,
Council Member Huen Wong, and Mr. Robert P, Partner of Gibson,Dunn& Crutcher LLP.
Gibson,Dunn&
Crutcher
1011
90
105
December 2015
The President met with Ms. Maria Slazak, Chairperson of the Foreign Committee
of the National Council of Legal Advisers and the President of the Council of Bars
and Law Societies of Europe.
Maria Slazak
Vice President Melissa Pang shares her insights with the audience.
Sonia Gumpert
59
591028
111
10
2930
The Law Society delegation meeting with the Hungarian Bar Association.
www.hk-lawyer.org 23
December 2015
(From left to right): Speakers of the course Risk Management in Mediation Practice on 12 October were Mr. Iu
Ting Kwok (first from left), Consultant of Kwok, Ng & Chan; Ms. Sylvia Siu (second from left), Council Member
of the Law Society and Member of the Board of Governors of Hong Kong Mediation Centre; Mrs. Cecilia Wong
(second from right), Chairlady of the Mediation Committee and Council Member of the Law Society, and Mr.
Norris Yang (first from right), Partner of Zhong Lun Law Firm. About 160 participants attended the seminar.
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28
1023
27
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Members of the Probate Committee of the Law Society including Mr. Ng Kin Yuen (first from left), Partner of Liu, Chan & Lam, Ms. Tam Sau Hing (second from left),
Principal of S.H. Tam & Co., Ms. Viola Hung (third from left), Senior Associate of Deacons, Mr. Herbert Tsoi (fourth from left), Partner of Herbert Tsoi & Partners, Mr. Peter
Tsang (third from right), Partner of Tsang, Chan & Woo, Mr. Wong Tak Shing (second from right), Partner of Wong Shum & Co. and Ms. Au Miu Po (first from right),
Partner of C.P. Lin & Co. presented a seminar entitled New Probate Checklist on 14 October. Mr. Billy Ma (fourth from right), Council Member and Chairman of the
Probate Committee of the Law Society was the moderator of the seminar. The seminar attracted over 400 participants.
1014 ()()
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()()400
24www.hk-lawyer.org
December 2015
1019
(From the left): Ms. Sylvia Siu (Council member and member of Family Law Committee) and Ms. Cecilia
Wong Council member and member of Family Law Committee).
()
2015
2015
1024(
)
www.hk-lawyer.org 25
December 2015
(From left): Guests attending the Opening Ceremony: Mr. Du Chun, General Manager, China Legal Service (H.K.)
Ltd; Vice President Thomas So; Macau Lawyers Association General Secretary Paulino Comandante; Taiwan Bar
Association then-President Chia-Ching Lee; President Stephen Hung; Secretary for Justice Rimsky Yuen; All China
Lawyers Association Vice-president Ou Yongliang; Ms. Zhou Lulu, Director of Department of Treaty and Law, Office
of the Commissioner of the Ministry of Foreign Affairs of the PRC in HKSAR; Mr. Yu Xuejie, Director of Department of
Law, Liaison Office of the Central Peoples Government in the HKSAR.
()()
December 2015
1 0 The Arbitration Moot short play was about the handling of a case concerning family
dispute by an arbitration tribunal, in which 10 young lawyers played the
22-23 property
respective roles of arbitrators, applicants, respondents and witnesses and received very
favourable comment.
10
60
18017
22
20143
23
Integrated Partner
www.hk-lawyer.org 27
December 2015
1028
1030
Representatives of the Law Society and delegates of Hangzhou Lawyers Association in a group photo after the meeting.
1016
300
December 2015
Networking Reception
on Islamic Finance 2015
On 30 October, the Islamic
Finance Working Party (IFWP)
organised its third annual
Networking Reception at the
Law Societys Clubhouse. The
Reception was well received and
attended by distinguished guests
and major Islamic Finance players
from different sectors, including
Consul Generals, government
officials, and representatives from
banks and corporations.
Mr. Amirali Nasir, Vice-Chairman of Standing Committee on Member Services and Chairman of the Islamic Finance Working
Party & Mr. Ip Shing Hing, Past President, with guests.
2015
1030
(From left): Mr. Cliff Ip and Mr. W. K. Ng came out on top in the competition and posed with bridge players
from the Hong Kong Dental Association and Hong Kong Medical Association.
2015
1042015
16
15
www.hk-lawyer.org 29
December 2015
Relay Race in this event. Helen first completed a 200-metre swim, followed
by a beach run before Constance, the second leg, swiftly dived into the sea
for another 400-metre swim. This relay race reinforced the cohesive bonding
All the donations to this charity race went to Hong Kong Community Chest to
500
benefit the needy in the local community.
500
200
400
The Leungs family on completion of the Family Relay Race. From left: Ms. Helen Ho; Helens daughter
Constance Leung and Mr. Calvin Leung.
30www.hk-lawyer.org
December 2015
Champion team received the medals from Ms. Eliza Chang, Chairlady of the
Recreation and Sports Committee (second from right) and Mr. Nick Chan, Council
Member and Vice Chairman of the Recreation and Sports Committee (first from right).
()
()
2015
Itadakimasu!
30
2015
A5
155
54
(
)
()
()
()
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December 2015
Experience in Enforcing
the Unfair Trade Practices
Provisions of Trade
Descriptions Ordinance
By Albert Ho, Assistant Commissioner (Intelligence and Investigation)
32www.hk-lawyer.org
December 2015
The Stats
The Customs and Excise Department is
charged with enforcing the Ordinance
and has 137 dedicated officers to carry out
investigations and enforcement actions. As
of September 2015, a total of 1,333 cases
involving suspected unfair trade practices have
been handled and evaluated by Customs.
So far, the evaluations have resulted in the
prosecution and conviction of 168 and 145
cases, respectively. Simply put, it translates
into an average of one to two convictions
per week for offences relating to unfair trade
practices. So far, it does not appear as if the
work will be easy, as the Ordinance covers a
wide range of goods and services.
CONSUMER PROTECTION
Case Studies
The case studies below, offer a glimpse into
our initial success in tackling false trade
description of services, misleading omissions,
aggressive commercial practices and wrongly
accepting payment.
December 2015
34www.hk-lawyer.org
Conclusion
As we are approaching the three year
anniversary of the amended Ordinance,
there has already been good progress in
terms of enforcement, public awareness
and trade practices. We believe that
consumer rights are better protected now
than they were before. We will continue
to enforce the law indiscriminately
against rogue traders to preserve Hong
Kongs reputation as an internationally
well-known Shoppers Paradise. n
December 2015
CONSUMER PROTECTION
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)()(362)(
)2013719
50
137
2015
91,333
168145
(2014)
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20085
www.hk-lawyer.org 35
December 2015
70,000
30,000
(2015)
(
)
(2015)
580
580
14
580
18,560
10
10,000
(2015)
14
36www.hk-lawyer.org
December 2015
FAMILY LAW
Withers
Withers
www.hk-lawyer.org 37
December 2015
Gohil v Gohil
In Gohil v Gohil [2015] UKSC 61, W
successfully appealed the Court of
Appeals (CA) decision ([2014] EWCA
Civ 274) to overturn Moylan Js order to
set aside.
The Facts
The couple married in 1990, had three
children and divorced in 2004.
H was a partner in a law firm but told
the court and W he was impecunious.
In light of this, the parties agreed, with
the courts approval, that H would
pay W a lump sum of GBP 270,000,
plus GBP 6,000 per annum spousal
maintenance. By 2007, W had fresh
evidence and made an application in
the divorce proceedings to set aside the
order on the ground of Hs fraudulent
non-disclosure, which was ultimately
successful. Meanwhile, H was convicted
of money-laundering offences.
H appealed Moylan Js order to set
aside, citing lack of jurisdiction and
relying on Ladd v Marshall [1954] 1 WLR
1489 regarding the admissibility of new
evidence on appeal.
Jurisdiction
Before the CA, H contended that
Moylan J had no jurisdiction as a high
court judge to set aside the order,
saying the application should have been
38www.hk-lawyer.org
Applicability of Ladd
The SC also gave a crystal clear ruling
that Ladd does not provide the criteria
that must be proved in an application
to set aside it merely provides the
evidential benchmark for what material
can be relied upon. The correct exercise
to undertake, is that mandated in
Livesey v Jenkins [1985] AC 424 W
must establish material non-disclosure
by H.
Moylan J, after a full fact-finding
hearing, had properly found that H was
guilty of material non-disclosure and the
SC reinstated his September 2012 order.
Lord Neuberger added (citing Lord
Brandon in Livesey) that if the nondisclosure was accidental or negligent,
W would also need to establish that
the effect was such that the original
Sharland v Sharland
In Sharland v Sharland [2015] UKSC
60, the SC found for W, overturning the
CAs decision and ordering that the draft
order should not be perfected.
The Facts
The couple married in 1993, had three
children, and separated 2010 with
divorce proceedings ongoing.
H developed a highly successful software
business (AppSense), in which he holds
a substantial shareholding. H said that
there were no plans to IPO AppSense
and it was valued on that basis. Ws
valuer put it at GBP 88.3 million and Hs
at GBP 60 million. W wanted half of the
value of the liquid assets (ie, GBP 8.5
million) plus half the value of Hs shares
once sold, but instead she accepted GBP
10 million in liquid assets and 30 percent
of the future net proceeds of sale of the
shares. Sir Hugh Bennett approved this
agreement and a draft consent order
was drawn up.
However, before the order was sealed,
press reports indicated that AppSense
was being actively prepared for IPO,
valuing the company between US$750
and 1000 million, making the 20 percent
W had forfeited, potentially massively
valuable. The hearing was reopened
and the judge found that H had lied.
Had the judge known the true facts, it
was inconceivable that he would not
have regarded them as relevant to the
exercise of his discretion.
December 2015
FAMILY LAW
www.hk-lawyer.org 39
December 2015
By Rebecca Lachno
Philippa Hewitt
0151014
()
HMoylan
Ladd
(i)
(ii)
(iii)
HMoylan J
Ladd
Gohil v Gohil
Ladd
Livesey
1990
WH
2004
Moylan
Moylan
W270,000
J20129
6,000W
LordNeuberger(Lord
2007H
Livesey)
60)
40www.hk-lawyer.org
Brandon
December 2015
FAMILY LAW
Livesey
H()
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Lady HaleSharland)
(LKW v
WH
Sharland v Sharland
Livesey
2:1
Briggs LJH
2 HKLR 371(
WTM v LNCA [2012]
HKFLR 159)
1993
2010
(i)H
(ii)
(AppSense)
Livesey )
AppSenseAppSense
(iii)W
AppSense8830
H6000
W
(8500)H
1000
(
)Sir Hugh Bennett
Briggs
LJ
Sharland
AppSense
7.510W
()
www.hk-lawyer.org 41
December 2015
42www.hk-lawyer.org
December 2015
Key Recommendations
Country-by-Country Reporting
MNEs will be required to provide master
files on their global business operations
and transfer pricing policies, local files
on detailed transactional transfer pricing
information specific to each country
and file a Country-by-Country Report
annually for each tax jurisdiction in which
they do business.
The master file is intended to be a highlevel overview of the MNEs transfer
pricing practices, global operations
and practices. It should provide a list
of important agreements, intangibles
and transactions. It should also contain
information relating to the MNEs
organisational structure, business,
intangibles, intercompany financial
activities and financial and tax positions.
The local file focuses on information
relevant to the transfer pricing analysis
of transactions taking place between
local entities and associate foreign
entities, which are material in the context
of the local countrys tax system. Thus,
pertinent information includes financial
information relating to such transactions,
a comparability analysis and the selection
and application of the most appropriate
transfer pricing method.
The Country-by-Country Report is
expected to expose instances in which
profits are booked in low-tax jurisdictions
where little or no economic activity
takes place. The report will contain the
following information for each jurisdiction
in which an MNE does business: amount
of revenue, profit before income tax and
income tax paid and accrued, as well
as the number of employees, stated
capital, retained earnings and tangible
assets. In addition, MNEs will need to
identify each entity doing business in any
particular jurisdiction and indicate the
business activities in which such entity
engages. While countries generally agree
on the core elements of Country-byCountry reporting, some, such as China,
have indicated that they will require
INTERNATIONAL TAXATION
Treaty Abuse
In order to prevent the granting of treaty
benefits in inappropriate circumstances,
countries have agreed to include antiabuse provisions in their tax treaties,
www.hk-lawyer.org 43
December 2015
Implementation
Countries can implement the BEPS
projects recommendations through
domestic legislation. For changes in
agreements between countries, the
OECD is promoting a multilateral
treaty that will modify existing bilateral
treaties between countries who join
the multilateral treaty without having
to negotiate and amend each treaty
separately. Although they are not legally
binding, various countries are committed
to the consistent implementation of the
projects recommendations in the areas
of preventing treaty shopping, Countryby-Country Reporting, curbing harmful
tax practices and improving dispute
resolution. However, some countries have
not endorsed the underlying standards
on tax treaties or transfer pricing. There
is still work to be done and the OECD
Model Tax Convention and TP Guidelines
are anticipated to be completed and
released by 2017.
What to Expect
The BEPS Final Reports are expected
to have a tremendous influence on
the way countries tax MNEs. Many
countries are in the process of enacting
domestic legislation or regulations to
implement the Country-by-Country
reporting obligations and other BEPS
recommendations. Over time we will
Chinas Response
China has actively participated in
the project and has already started
to implement parts of the projects
recommendations into its domestic
legislation. On 18 March 2015, the State
Administration of Taxation of China
(the SAT) introduced the Bulletin on
Enterprise Income Tax Issues related to
Outbound Payments by Enterprises to
Overseas Related Parties (SAT Bulletin
[2015] No. 16), which targets service fees
and royalty payments made by Chinese
companies to their overseas affiliates
that do not undertake functions and
risks and/or lack economic substance.
Furthermore, on 17 September 2015,
the SAT released the discussion draft
of the revised Implementing Measures
for Special Tax Adjustments (the TP
Rules), which is another attempt to
introduce the transfer pricing concepts
and recommendations (including
Country-by-Country reporting) under the
BEPS project into domestic legislation. It
is expected that the revised TP Rules will
be finalised before the end of 2015.
Notably, the revised TP Rules also include
some special Chinese characteristics that
may create further difficulties for MNEs in
China, such as:
the value contribution allocation
method, which is very similar to the
global formulary apportionment
method, as an alternative to other
transfer pricing methods for allocating
MNE profits;
value chain analysis as part of the
local file, which will encourage the
PRC tax authorities to use profit splits
more frequently when determining the
Chinese affiliates proper returns; and
December 2015
INTERNATIONAL TAXATION
Richard Weisman
Noam Noked
201510
20139
(OECD)/
(G20)(BEPS)
2015(
60
()
1,000
2,400
www.hk-lawyer.org 45
December 2015
()
(MNEs)
(commissionaire)(
)
(fragmentation)
201611
7.5(848,475,000
46www.hk-lawyer.org
December 2015
INTERNATIONAL TAXATION
(locationspecific
advantages)
201510
2015318
()
201516)
2017
201845
2015917
()
()
2015
(
)
www.hk-lawyer.org 47
December 2015
INDUSTRY INSIGHTS
COMPETITION LAW
Bid-rigging
A former engineering company boss has
admitted to conspiring to rig the tender
process for building renovation contracts,
drawing further attention to alleged
bid-rigging in the building maintenance
sector.
The engineering boss pleaded guilty in
October to conspiracy offences under
the Crimes Ordinance (Cap. 200)
and Prevention of Bribery Ordinance
(Cap. 201). The conduct involved bribes
of about HK$45 million to secure tenders
for the renovation of two residential
estates in Shatin.
The admission follows the Competition
Commissions decision in early 2015
to begin a market study to examine
allegations of anti-competitive conduct
in the building maintenance industry.
Bid-rigging is serious anti-competitive
conduct under the Competition
Ordinance (Cap. 619). It is likely to
be a key focus of the Competition
Commissions enforcement efforts once
the Ordinance comes into full effect on
14 December 2015.
What is bid-rigging?
Bid-rigging occurs when competitors
covertly agree on strategy when
responding to a request for tender. The
competitors decide between themselves
who will win the tender, and manipulate
the bidding process to achieve that
outcome.
48www.hk-lawyer.org
Enforcement
The Competition Commission and
Competition Tribunals enforcement
powers come into effect from
14 December. From that time, if the
Commission has reasonable cause to
believe that a person has engaged in bidrigging, it may either:
issue an infringement notice against
the person, offering not to bring
proceedings on condition that the
person makes a commitment to
refrain from the conduct and/or admit
its contravention of the Ordinance; or
apply to the Competition Tribunal for
a pecuniary penalty or other orders
to be imposed on the person. In this
case, the onus is on the Commission
to prove that the bid-rigging has
occurred.
The Tribunal may, on application by the
Commission, impose a pecuniary penalty
of up to 10 percent of the turnover
of the company involved for each
contravention. The Tribunal has broad
discretion to make other orders, including
disqualifying a person from acting as a
director of a company.
Leniency
Companies engaged in bid-rigging will
be entitled to apply for leniency under
the Competition Commissions Leniency
Policy for Undertakings Engaged in
Cartel Conduct. Under the policy, the
Commission will agree not to bring
proceedings in the Competition Tribunal
against the first member of a bid-rigging
cartel who reports the cartel conduct and
meets the requirements for leniency. (See
p. [10] for the Law Societys comments on
the Commissions Draft Leniency Policy).
10
4,500
(200)(
201)
()2015
December 2015
(619)
1214
10%()
()
([10]
1214
- James Wilkinson
INDUSTRY INSIGHTS
COMPETITION LAW
Competition Tribunal
Practice Directions
Published
The Hong Kong Judiciary has published
two new Practice Directions for the
Competition Tribunal that will apply once
Hong Kongs competition law comes into
full effect on 14 December 2015.
The Practice Directions will operate
together with the Competition Tribunal
Rules (Cap. 619D) and The Rules of
the High Court (Cap. 4A) to govern the
practice and procedure of the Tribunal.
Competition Tribunal
The newly-established Tribunal will be
responsible for hearing and determining
cases brought under the Competition
Ordinance (Cap. 619). It is a specialist
tribunal consisting of all the judges of the
Court of First Instance (excluding Justices
of Appeal, Recorders and Deputy Judges).
The Tribunal has jurisdiction to adjudicate
on competition cases including:
applications made by the Competition
Commission with regard to
alleged contraventions, or alleged
involvements in contraventions, of the
competition rules;
applications for the review of
Competition Commission decisions;
and
private follow-on actions by persons
who have suffered loss or damage
as a result of an act that has been
determined to be a contravention of a
competition conduct rule.
December 2015
20151214
(619D)(4A
(619)
www.comptribunal.hk
1
1
50www.hk-lawyer.org
-
James Wilkinson
December 2015
DATA PRIVACY
Background
David Webb is a former investment
banker turned activist who runs a website
offering information on corporate and
economic governance in Hong Kong,
including the various roles that particular
individuals play in the financial and
public sectors.
The Decision
The AAB confirmed that Mr. Webb had
contravened Data Protection Principle 3
(DPP3) of the Personal Data (Privacy)
Ordinance (Cap. 486) by continuing to
publish hyperlinks on webb-site.com to
three judgments handed down between
2000 and 2002 by the Court of Appeal,
each of which had been subsequently
redacted by the Judiciary to remove the
names of the parties.
Comment
Public Data is Still Personal Data
The main lesson is that personal data
obtained from the public domain is still
subject to the protection under DPP3.
The position in Hong Kong should be
contrasted with Singapore, where the
Personal Data Protection Act does not
require organisations to obtain the
consent of the individual when collecting
personal data that is publicly available.
INDUSTRY INSIGHTS
()David
Webb
Webb
()
(webb-site.com)
David Webb
Webbwebb-site.
com20002002
()(486)3
www.hk-lawyer.org 51
December 2015
Webb
()
(
)
3
- Mark ParsonsDominic
Edmondson
Webb
33
52www.hk-lawyer.org
GC AGENDA
Market Reaction
Timothy Blakely, Partner, Morrison &
Foerster, Hong Kong
The SECs harsh criticisms of the
failure to respond to red flags, enforce
existing controls, or remediate identified
controls deficiencies underscore the
fact that having a compliance program
that identifies risks is not enough to
protect against liability. This resolution
also serves as yet another reminder that
operating through foreign joint ventures
does not insulate US issuers from FCPAscrutiny: the FCPAs recordkeeping and
internal control provisions can provide
the government with a powerful tool for
holding U.S. issuers responsible for the
conduct of its foreign joint venture even
where that conduct does not otherwise
have any nexus to the US.
Action Items
General Counsel for companies that
operate in China and the United States
should ensure that comprehensive anticorruption compliance policies are put in
place, and implement these policies by
thoroughly evaluating and addressing red
flags, employee allegations, and other
potential violations of the anti-corruption
regimes in both countries.
December 2015
1,400
1,140
GC AGENDA
50
275
BMS
2015105(
Timothy Blakely
BMS)
()
20092014BMS
(Foreign Corrupt
Practices ActFCPA)
FCPA
FCPA
FCPA
(red flags)
BMS
INDUSTRY INSIGHTS
www.hk-lawyer.org 53
December 2015
Market Reaction
Paul McKenzie, Partner, Morrison
Foerster, Beijing
This Beijing case is a promising
beginning in the development of
Chinese legislation and judicial practice
in regard to crowdfunding. The recent
guidelines governing crowdfunding and
other alternative financing models have
signaled policy on the part of regulators
towards relevant financing models. The
Haidian court has followed their lead.
In due course, CSRC can be expected
to issue legislation in order to better
regulate crowdfunding.
Action Items
General Counsel for small and medium
sized companies, or investment funds,
should consider the opportunities
presented by alternative financing
models such as crowdfunding and closely
monitor further legislative and judicial
developments in this area. It is often
possible in China to vet an innovative
approach directly with regulators before
concluding a potential arrangement.
(2015)
(
)
2015
Paul McKenzie
()
915
()
()
200
54www.hk-lawyer.org
INSOLVENCY
December 2015
(The patchwork of
exceptions and qualifications)
(miscellany of
practices)
(Re Cyberworks Audio Video
(stranger)
Re Co A
(i)(ii)
(iii)
(fair distribution)
(
)
(2)
INDUSTRY INSIGHTS
(
Re Co A)
Re Co A
-
Smyth & CoRPC
LITIGATION FUNDING
www.hk-lawyer.org 55
December 2015
()
()
(609)
201510
Exclusively Online(http://
www.hk-lawyer.org/tc/article.
asp?articleid=3243&c=0)
()
()
()
()
()
()
56www.hk-lawyer.org
(201510)
()
December 2015
PRC
Background
Plaintiff iQiyi is one of Chinas main
online video sites, which streams
video programmes for free but has
ads embedded at the beginning of the
programs. For a fee, users can subscribe
for iQiyi membership which allows them
to skip the ads. Defendant Juwangshi
Technology Corporation (Juwangshi)
is a developer of the video aggregation
software VST. VST enables users to
watch online videos from various sources
on a single, aggregated platform without
any embedded ads.
VST was able to decrypt iQiyis software
to obtain access to the videos streamed
on iQiyis site while blocking the
embedded ads. As a result, users were
able to enjoy ad-free content without
having to pay iQiyi any fees.
iQiyi filed a court action under the
Anti-Unfair Competition Law (AUCL),
alleging that Juwangshi had engaged in
unfair competition by blocking the ads
embedded in iQiyis videos and, more
generally, by free-riding on iQiyis video
streams.
Ruling
The court found that VST had decrypted
iQiyis security key codes so that iQiyis
servers mistakenly took VSTs access
requests as coming from iQiyi. The
court held that VSTs ability to directly
display iQiyis videos without embedded
ads decreased iQiyis legitimate
revenues and effectively amounted to
ad blocking. The court found this to
constitute unfair competition in violation
of the AUCL.
Analysis
At present, the AUCL contains no
industry-specific guidance for Internet
businesses, although an ongoing
legislative effort to amend the AUCL
may change this. Like in this case, many
plaintiffs base their arguments on
Art. 2 of the AUCL, which contains the
high-level yet amorphous principles
of voluntariness, equality, fairness
and good faith and commercial
ethics. Over time, Chinese courts have
developed these high-level principles
through a handful of more concrete
principles for the Internet industry
for example, the principle of noninterference to prohibit Internet players
from interfering with competitors
operations, except where justified by
public interests.
INDUSTRY INSIGHTS
201510
14
()VST
VST
VST
VST
(Key)VST
www.hk-lawyer.org 57
December 2015
PRC
VST
VST
VST
58www.hk-lawyer.org
December 2015
(
)
Further Highlights
The Draft Measures would also
extend the single click-away rule
from internet pop-up ads to emails or
instant messaging advertisements.
Unfortunately, similar to the Advertising
Law, the Draft Measures are silent on
the regulation of product and service
placement, which remains highly
controversial in China.
and
Choi)
20151027
(Trends
INDUSTRY INSIGHTS
-
Michael Page
PROFESSION
What happened?
()
()
www.hk-lawyer.org 59
December 2015
What to do?
Most clients seek tax advice from a
properly qualified accountant. Where
"legal advice" on tax law is sought from
an accountant it does not attract legal
advice privilege. If that is a concern to
a client then the advice sought should
be obtained through the assistance of a
qualified lawyer acting as such. However,
in the main, clients do not go to an
accountant for tax advice with a view to
their communications attracting legal
advice privilege.
Anything else?
The relevant law governing issues of legal
professional privilege in Hong Kong is
generally local common law. Lawyers
in Hong Kong should appreciate that
while the general principles are similar in
different common law jurisdictions, local
practices can vary. For example, some
jurisdictions provide for a limited statutory
protection for "legal advice" given by
"tax advisers". In other jurisdictions,
accountants have in large part sought to
side-step the sorts of difficulties faced in
Re Prudential Plc through the operation of
(for example) multi-disciplinary practices.
The decision of the Court of Appeal in
Super Worth International is much as
predicted. The prospects for a successful
appeal (if any) to the Court of Final
Appeal are not good. Like it or not, Re
Prudential Plc is underpinned by good
policy arguments. For the background
to Re Prudential Plc readers are referred
to the feature article in the May 2013
60www.hk-lawyer.org
Super Worth
International Ltd v Commissioner of ICAC
[2015] HKEC 2325(
)
()
Re
Prudential Plc [2013] 2 AC 185
(
)
Super Worth International
()
Re Prudential Plc
()
Re Prudential Plc
Re Prudential Plc
20135
(http://www.hk-lawyer.org/tc/
article.asp?articleid=1009&c=97)
cynthia.claytor@thomsonreuters.com
The information provided here is intended to give
general information only. It is not a complete
statement of the law. It is not intended to be relied
upon or to be a substitute for legal advice in relation to
particular circumstances.
December 2015
CASES IN BRIEF
CASES IN BRIEF
CIVIL PROCEDURE
Court of Appeal
Civil Appeal No. 282 of 2012
Lam and Lunn V-PP and Barma JA
14 August 2015
2012
282
2015814
(P)(
D3)D3
201178P
850,000()
()D3
P
D3P()852,399
(
)
()P
(4A)()
www.hk-lawyer.org 61
December 2015
2224(2)(3)
P()P201186(
D3
()
201186
5.5%(
2224(4)
D3P
2224(2)
(3)D3P2011
86
P
)D3P
(0.27%)
CIVIL PROCEDURE
2224(3)
D3
D3
62www.hk-lawyer.org
7 September 2015
Discontinuance of proceedings
notice of discontinuance
by plaintiff against those
defendants invalid leave to
discontinue required
P commenced proceedings in 2009
by way of originating summons under
O. 88 r. 1 of the Rules of the High Court
(Cap. 4A, Sub. Leg.) (the RHC), but did
not file any affidavit evidence pursuant
to O. 28 r. 1A(4). Only D1 filed an
December 2015
2011
212(1)(3)
20118
20137
212(1)
(3)
()
20138
212(1)
182
20091959
2 September 2015
212(1)(3)
201597
212(3A)2(3B)3
1421
2009
(4A)()
881
28
1A(4)
2011
5
()
COMPANY LAW
CASES IN BRIEF
2(3A)
212(1)(3)
288
28
Religious institution
incorporated as company
expulsion of members
whether rules of natural
justice applied in terminating
membership of religious
charitable trust and
incorporated company limited
by guarantee
X was a religious institution, a religious
charitable trust and an incorporated
company. X was divided into two rival
camps: the Traditionalists Camp,
including Ds, on one side and the
Reformists Camp, including Ps, on
the other. On 15 October 2011, without
giving prior notification of a proposal
to expel Ps, the charges against them
or an opportunity to present their
respective cases, the Board passed a
resolution terminating their membership
of X (the Termination Resolution) for
breach of charitable objects in art. 3
www.hk-lawyer.org 63
December 2015
64www.hk-lawyer.org
20111111
15X
X9.2
8.1
201114310132477
201592
9.2
X
X
X
20111015
X(
December 2015
9.2
17
CRIMINAL CONTEMPT
Secretary for Justice v Cheng Kam Mun
[2015] HKEC 1836
Court of First Instance
Miscellaneous Proceedings Nos. 488,
490492 & 494506 of 2015
Anderson Chow J in Chambers
1 September 2015
CASES IN BRIEF
2012488490
492494506
201591
52
3(2)14
52
3(2)
()
(Xs)
Xs
14
(4A)(
)523(2)
35
52
3(2)
3
5
Effiscient Ltd v Lehman
www.hk-lawyer.org 65
December 2015
()
523(2)
35(1)
523(2)
CRIMINAL SENTENCING
HKSAR v Cherif Mohamed
[2015] 4 HKLRD 604
Court of Appeal
Criminal Appeal No. 95 of 2015
Macrae JA and Derek Pang J
12 August 2015
66www.hk-lawyer.org
201595
2015812
820.79
4,000
20
148
(W)
W
W
December 2015
DISPUTE RESOLUTION
VPOWER Engineering (Shenzhen) Ltd
v VPOWER
DHK-1500124 <vpower.hk >
Hong Kong International Arbitration
Centre
Eugene Low (Panelist)
28 August 2015
CASES IN BRIEF
www.hk-lawyer.org 67
December 2015
FAMILY LAW
Eugene Low()
Court of Appeal
2015828
.hk.
(
)
.hk.
vpower.hk
19 August 2015
4a
VPOWER
4(a)
VPOWER
http://www.hkiac.
org/images/stories/domain_name/hk/
decision/DHK-1500124_Decision.pdf
68www.hk-lawyer.org
Proceedings under
Guardianship of Minors
Ordinance whether Family
Court had jurisdiction where
child not habitually residing
or present in Hong Kong
whether inherent jurisdiction
over child, founded on
nationality prior to 1997,
continued after 1997 on basis of
permanent residence
M and F, the mother and father of
G, never married. M was a mainland
Chinese resident and F was a Hong
Kong permanent resident. G was a
permanent resident of Hong Kong by
birth. Shortly after G was born, M and G
moved to the Mainland. M and G were
currently residing in Guangzhou, but
had previously resided in Siming District,
Xiamen and Fujian. In July 2012, M
applied in Hong Kong under s. 10 of the
Guardianship of Minors Ordinance (Cap.
13) (GMO) for F to pay maintenance
for G (the Hong Kong Proceedings).
Within one month, F then commenced
proceedings on the Mainland in the
Siming District seeking custody of G and
an order that M pay him maintenance
for G. In September 2012, F applied to
stay the Hong Kong Proceedings on
the ground of forum non conveniens in
favour of the mainland Court. In January
2013, the Siming Court dismissed Fs
claim. F then applied for the Hong Kong
Proceedings to be dismissed on the
basis that the Hong Kong Court had no
jurisdiction to deal with Ms application
because G was not an ordinary or
habitual resident of Hong Kong or
physically present here. On 27 May
2013, the Hong Kong Family Court
dismissed Fs jurisdictional challenge
December 2015
CASES IN BRIEF
201310
F
201311F
GMG
20143
GMF
F
201468
F527
2015819
1997
1997
MFG
MF
G
GMG
MG
20127M
(13)
()10
FG(
)F
G
MG2012
9F
(forum
non
conveniens )2013
1F
FG
M2013527
F
199771
1997
www.hk-lawyer.org 69
December 2015
PROFESSIONAL MOVES
Newly-Admitted Members
AU YAN NING
CHEUNG SANDY
ORRICK,
HERRINGTON &
SUTCLIFFE
LI & PARTNERS
CHEUNG SZE KI
SHERBE
CHUI LOK-YI
LOUISE
MINTER ELLISON
CHANG YING
YING
CHIU WAN
KEUNG
ORRICK,
HERRINGTON &
SUTCLIFFE
CHEUNG CHUNG
CHIT BOAZ
LI & PARTNERS
HALDANES
, ,
CHOW HIU-CHING
KIRSTY
HOOSENALLY &
NEO
70www.hk-lawyer.org
DAI CHUN WA
HUI & LAM
DONG OLIVIA
WEIR &
ASSOCIATES
December 2015
PROFESSIONAL MOVES
REED SMITH
RICHARDS BUTLER
LI MAN LOK
LI & PARTNERS
DENTONS HONG
KONG
LAM HOI U
LIU LIYI
STEVENSON, WONG
& CO.
GREENING PAUL
CAMERON
AKIN GUMP
STRAUSS HAUER &
FELD
HO LAI KIN
LEE HO WUNG
KEITH
LUK HO LUN
LI & CO.,
CHRISTOPHER
HOR FONTANE
MA HOK LAM
FAIRBAIRN CATLEY
LOW & KONG
CHARLTONS
HUO BO
FAIRBAIRN CATLEY
LOW & KONG
www.hk-lawyer.org 71
December 2015
NG LING YAN
LEMUELLA
WALL
CHRISTOPHER
RYAN
WONG TSZ
KWAN
C/O CLIFFORD
CHANCE
NG WAI SHING
MICHAEL
WU KA WEI
JENNIFER
HALDANES
, ,
SO WAI LUI
FIONA
SUEN TAK MING
ONC LAWYERS
TAM CHUN HO
DLA PIPER HONG
KONG
TSANG KAI
SHING
STEVENSON, WONG
& CO.
WONG PO WAI
JANET
WONG WEI-NGA
STEPHANIE
YIP ANDREA
DEACONS
AU HOI KI
SUN LAWYERS
NIXON PEABODY
CWL
72www.hk-lawyer.org
LINKLATERS
December 2015
PROFESSIONAL MOVES
BAI JIE
KO & COMPANY, EDWARD
TAN DIANA
CMK LAWYERS
MINTER ELLISON
LO DIANA
HALDANES
MINTER ELLISON
, ,
WONG POON CHAN LAW &
CO.
NG KWAN HO
OR YEE TING
WOO, KWAN, LEE & LO
LEE YUK KI
TSEUNG CHUN
LEE CHEUK
LEE YUEN YU
MA YUN JANE
...
TO LEONG PONG
www.hk-lawyer.org 73
December 2015
CHOI DOO-SOON
joined Ashurst Hong Kong as a partner
as from 09/10/2015.
2015109
CHOW KIT HA
became a partner of Wong Poon Chan
Law & Co. as from 02/11/2015.
2015112
CHOY KENNETH Y
ceased to be a partner of Choy, Cheung
& Co as from 19/10/2015.
20151019
2015111
CHAU YU KA JASMINE
commenced practice as the sole
practitioner of Chau & Co. as from
26/10/2015.
20151026
74www.hk-lawyer.org
HO LAI SHAN
became a partner of Szwina Pang,
Edward Li & Company as from
15/10/2015.
20151015
JIANG XIAO
became a partner of Peter Yuen &
Associates as from 26/10/2015.
20151026
December 2015
LI CHING-MAN AMANDA
ceased to be a partner of Lee Law
Firm as from 23/10/2015 and joined
CFN Lawyers as a consultant as from
09/11/2015.
20151023Lee Law
Firm2015119
LI HOI KWONG
commenced practice as the sole
practitioner of Li & Associates as
from 08/10/2015 and remains as a
consultant of Patrick Mak & Tse.
2015108
LO YUK LING
ceased to be a partner of Wong, Kwan
& Co. as from 01/11/2015 and joined
S.W. Tai & Co. as a consultant on the
same day.
2015111
PROFESSIONAL MOVES
www.hk-lawyer.org 75
December 2015
PRACTICE MANAGEMENT
76www.hk-lawyer.org
December 2015
PRACTICE MANAGEMENT
December 2015
78www.hk-lawyer.org
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PRACTICE MANAGEMENT
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www.hk-lawyer.org 79
December 2015
#20
As with last year, in the spirit of Christmas, for December, all readers
need to do is match the correct name to the face of member of the Hong
Kong legal community from the late 19th and early 20th centuries.
Eldon Potter QC
Sir Henry Blackall, CJ
10
Sir Henry Blake laid the foundation stone of the Supreme Court building that is now the Court of Final
Appeal in 1903.
2. C.
3. A.
4. A.
5. A.
Chan A. Tong was the construction contractor for the old Supreme Court building.
6. D.
Sir Michael Hogan was briefly Administrator for Malaysia in 1951 following the assassination of Sir
Henry Gurney.
7. A.
True. Norton-Kyshe published in 1901 the book The Law and Customs Relating to Gloves, being an
Exposition Historically Viewed of Ancient Laws, Customs, and Uses in respect of Gloves, and of the
Symbolism of the Hand and Glove in Judicial Proceedings.
8. B.
9. C.
10. A. B.
C. & D.
Paul Cressall played four first class cricket matches for Guyana.
80www.hk-lawyer.org
Contest:
To be eligible to win a bottle of Ch. La Croizille 2007 from
Global Vintage Wines Centre, please send your quiz question
answers to cynthia.claytor@thomsonreuters.com.
The first reader to respond with the most correct answers,
with no more than 3 incorrect responses, will be deemed
the winner. The decision of Thomson Reuters regarding the
winner is final and conclusive.
December 2015
#20
Winson Yan
Associate DirectorCBRE
19
2
John Wood
()
Henry Gollan
Victor Hobart Deacon
201512
2016
12
1920
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James William Norton-Kyshe
Eldon Potter
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Paul Cressall1943
5. A.
6. D.
7. A.
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Paul Cressall
9. C.
20052006
10. A. B.
C. & D.
www.hk-lawyer.org 81
December 2015
CAMPUS VOICES
201510
1214
The CityU delegation met Chief Justice ZHOU Qiang, President of the
Supreme Peoples Court, and Justice HE Rong, Vice President of the
Supreme Peoples Court on the morning of 13 October. Chief Justice
ZHOU highlighted the significance of legal training and education for
Chinese judges and highly praised the contribution made by CityU
Chinese judge programmes. He pointed out that the cooperation with
CityU needs to be deepened, particularly in the areas of commercial law,
intellectual property law, judicial case studies, the one belt one road
economic development model and on judicial reform issues, as well as
between the mainland and Hong Kong. CityU expressed keen interest in
collaborating further in the future.
1013
82www.hk-lawyer.org
December 2015
CAMPUS VOICES
The Taxation Law Research Programme (TLRP) in the Faculty of Law at The
University of Hong Kong held its Fourth International Conference on Saturday,
31 October, entitled Renovating the Hong Kong Revenue Regime: The Local,
Cross-border and International Contexts.
()
The TLRP was established in 2007 within the Facultys Asian Institute for
International Financial Law (AIIFL) to foster general and comparative Taxation
Law and Policy research focused, above all, on the HKSAR and Mainland China.
1031
2007
The latest conference title used the term Revenue Regime (RR) rather than
Tax System because Hong Kong has, ever since 1842, relied notably on
non-tax sources of revenue. The Hong Kong RR has, in many respects, proved
to be remarkably successful for over 170 years resulting in a low tax, simple
system, unique within the developed world. So successful, in fact, that the
HKSAR typically holds savings of up to two years total Government expenditure
within its Fiscal Reserve Fund. Above all, the RR in Hong Kong has benefitted
from revenues resulting from Government land sales and other major landtransaction revenues to an extent found in no other comparable jurisdiction.
1842
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www.hk-lawyer.org 83
December 2015
Driving a Plane?
The Exterior
When I arrived at the meeting point, I
saw a very sleek and stylish Audi Q7 with
a T plate. Without second thought, I
approached the driver in that vehicle,
Ben, and confirmed that he was the Audi
representative coordinating the test
drive. Despite my preconceived notions,
the new Q7 looks very compact and the
design of the body is very smooth. Ben
also informed me that this new model
is 325 kg lighter than the older version,
which I take to mean that the petrol
consumption figure may look healthier
than its predecessor.
My Test Drive
When I climbed into the cockpit of
the vehicle, I was overwhelmed by the
number of buttons and screens there
is a 7-inch screen that rises from the
dashboard that allows you to configure
the suspension of the vehicle (providing
many different settings) and access the
infotainment control panel. The shift
knob is very comfortably located and the
driving position is ergonomic. The only
remark that I would say about all the
Audi vehicles that I have driven before,
which is repeated in the Q7, is the leg
December 2015
LAWYERS AT LEISURE
Conclusion
A Change of Heart
www.hk-lawyer.org 85
December 2015
The Features
After starting up the engine, the first
thing I tested was the brakes. They were
excellent. Not too sensitive and not
too unresponsive. They were just right.
After pumping them several times and
almost strangling Ben by the seat belt in
the process, I decided it was time to hit
the road. So I stepped on the gas and
off we went.
One of the functions that I liked the
most, even though it took me a while
to get used to it, was the ((A)) button.
This allows the driver to release his foot
off the brakes after the car has come
to a complete stop, even on a slope.
If you want the car to move again,
simply hit the accelerator. There is no
need to physically shift any gears. This
86www.hk-lawyer.org
On the Road
As for the test route, we drove from Shek
O to Shau Kei Wan, back to Shek O to
enjoy driving the car around the tight
bends. We then drove to Stanley and
up to the Peak, before we returned to
the Audi showroom in Admiralty. With
its intercooled supercharger premium
unleaded V-6, 3 litre engine, I could
hardly feel the difference between going
uphill and travelling on flat ground
throughout the test drive, nor did the car
need any pushing the entire ride was
very easy and quiet. I could barely hear
the engine at all.
Additional Digging
After the test drive, I did some further
research on the Q7. I was surprised
to find that the latest model is only
the second generation of the Q7, and
the first was first revealed in 2005.As
there is a 10-year gap between the 2
generations, Audi must have spent a lot
of effort and research to get the new Q7
just right.
Final Thoughts
If you need a family car with space and
the practicality of seating 7 people that
is also stylish, powerful and efficient, the
Q7 is the car for you. If you are interested
in a test drive, Ben is definitely the guy
you should ask for. n
December 2015
LAWYERS AT LEISURE
Q7S
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www.hk-lawyer.org 87
December 2015
| ()
SUV
SUV
Q7
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(Q7)
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Ben
Ben
88www.hk-lawyer.org
Full service US firm with significant bank panel memberships seeks a UK/
HK qualified DCM lawyer to grow an existing practice. Perfect role for a
senior associate looking for a Counsel role with a clear track to partnership
or a counsel looking for a step up to partner. HKL5637
FINANCE
HONG KONG
3-9 years
HONG KONG
5-9 years
LEGAL COUNSEL
CONSTRUCTION
HONG KONG/SHANGHAI
5-10 years
HONG KONG
12+ years
HONG KONG
2-5 years
Expanding
Pan Asia
US$2 billion hedgeHONG
fund isKONG
looking for a lawyer8+
asyears
part
CORPORATE
CORPORATE COUNSEL
COUNSEL
HONG KONG
8+ years
of theHKlegal
&
BD
team.
This
role
offers
exposure
to
both
the
legal
&
listed company with a number of subsidiaries & different linesbuy
of
HK listed company with a number of subsidiaries & different lines of
business seeks a senior level corporate lawyer. Reporting to the CEO, you
seeks a senior
level corporate
lawyer.
Reporting
toalso
the CEO,
you
side business
of
the
business.
Background
in
funds
helpful
but
we
will
consider
will be involved in M&A projects & listing compliance matters. Substantial
will be involved in M&A projects & listing compliance matters. Substantial
HK experience
fluent English
& Mandarin
essential.
HKL5684
corporate
lawyers. &&Chinese
language
skills notare
required.
HKL5633
HK experience
fluent English
& Mandarin
are
essential.
HKL5684
LEGAL
LEGAL COUNSEL
COUNSEL -- REGULATORY
REGULATORY
HONG
HONG KONG
KONG
3-9
3-9 years
years
HEDGE
FUND
HEDGE LITIGATOR
FUND LAWYER
LAWYER
IN-HOUSE
HONG
KONG
HONG
KONG
HONG
KONG
2-5
years
2-5 years
years
5-10
Expanding Pan Asia US$2 billion hedge fund is looking for a lawyer as part
Expanding Pan Asia US$2 billion hedge fund is looking for a lawyer as part
of the legal & BD team. This role offers exposure to both the legal & buy
of the legal & BD team. This role offers exposure to both the legal & buy
side of the business. Background in funds helpful but we will also consider
side of the business. Background in funds helpful but we will also consider
corporate lawyers. Chinese language skills not required. HKL5633
corporate lawyers. Chinese language skills not required. HKL5633
& equities. Ideally you will have solid derivatives & financial services
& equities. Ideally you will have solid derivatives & financial services
experience gained from private practice &/or in-house. Strong negotiation
experience gained from private practice &/or in-house. Strong negotiation
& communication skills essential but Chinese is not required. HKL5654
& communication skills essential but Chinese is not required. HKL5654
IN-HOUSE
IN-HOUSE LITIGATOR
LITIGATOR
HONG
HONG KONG
KONG
5-10
5-10 years
years
HONG KONG
4-6 years
ARBITRATION
ARBITRATION PARTNER
PARTNER
HONG
HONG KONG
KONG
10+
10+ years
years
Global law firm in HK with a leading disputes practice across both arbitration
Global law firm in HK with a leading disputes practice across both arbitration
& litigation is looking for a partner to head up its arbitration team. You will
& litigation is looking for a partner to head up its arbitration team. You will
have solid arbitration experience gained in HK &/or Singapore & ideally be
have solid arbitration experience gained in HK &/or Singapore & ideally be
an established partner name in the market. HKL5605
an established partner name in the market. HKL5605
EMPLOYMENT
HONG KONG
2-5 years
DCM
DCM COUNSEL/PARTNER
COUNSEL/PARTNER
FINANCE
FINANCE
CORPORATE
HONG
HONG KONG
KONG
HONG KONG
5-9
5-9 years
years
1-5 years
Top tier US firm seeks a corporate lawyer who has experience with capital
HONG
KONG
4-6
years
markets & mergers & acquisition
transactions.
You will work
a mix of
HONG
KONG
4-6on
years
Reputable
global M&A,
law firm
seeks
a mid-level
with substantial
capital markets,
private
equity,
regulatorylawyer
& compliance
& corporate
Reputable
global law firm
seeks
a mid-level
lawyer
with substantial
contentious experience to join their market-leading construction practice.
contentious
experience
to
join
their
market-leading
construction
practice.
governance& litigation
issues. Fluent
Mandarin
essential.related
HKL5670
Arbitration
experience
& construction
exposure is ideal.
Arbitration & litigation experience & construction related exposure is ideal.
CONSTRUCTION
CONSTRUCTION
PROJECT FINANCE
EMPLOYMENT
EMPLOYMENT
HONG KONG
HONG
HONG KONG
KONG
2-5 years
2-5
2-5 years
years
Magic Circle firm is actively looking for a junior associate to join its marketleading project finance team. Prior experience in energy/natural resources/
infrastructure finance requiredHONG
but bright
junior lawyers with general
banking
CORPORATE
1-5
CORPORATE
HONG KONG
KONG
1-5 years
years
experience
& anseeks
interest
in projectlawyer
finance
beexperience
considered.
HKL5668
Top
tier US firm
a corporate
whowill
has
with
capital
Top tier US firm seeks a corporate lawyer who has experience with capital
markets & mergers & acquisition transactions. You will work on a mix of
markets & mergers & acquisition transactions. You will work on a mix of
capital markets, M&A, private equity, regulatory & compliance & corporate
capital markets, M&A, private equity, regulatory & compliance & corporate
governance issues. Fluent Mandarin essential. HKL5670
governance issues. Fluent Mandarin essential. HKL5670
PROJECT
PROJECT FINANCE
FINANCE
HONG
HONG KONG
KONG
2-5
2-5 years
years
Magic Circle firm is actively looking for a junior associate to join its marketMagic Circle firm is actively looking for a junior associate to join its marketleading project finance team. Prior experience in energy/natural resources/
leading project finance team. Prior experience in energy/natural resources/
infrastructure finance required but bright junior lawyers with general banking
infrastructure finance required but bright junior lawyers with general banking
experience & an interest in project finance will be considered. HKL5668
experience & an interest in project finance will be considered. HKL5668
This is a small selection of our current vacancies. Please refer to our website for a more comprehensive list of openings.
Please contact Lindsey Sanders, lsanders@lewissanders.com +852 2537 7409 or Jenny Law, jlaw@lewissanders.com +852 2537 7448
Chris Chu, cchu@lewissanders.com +852 2537 7415 or email recruit@lewissanders.com
This is a small selection of our current vacancies. Please refer to our website for a more comprehensive list of openings.
This is a small selection of our current vacancies. Please refer to our website for a more comprehensive list of openings.
Please
Please contact
contact Lindsey
Lindsey Sanders,
Sanders, lsanders@lewissanders.com
lsanders@lewissanders.com +852
+852 2537
2537 7409
7409 or
or Jenny
Jenny Law,
Law, jlaw@lewissanders.com
jlaw@lewissanders.com +852
+852 2537
2537 7448
7448
Chris
Chris Chu,
Chu, cchu@lewissanders.com
cchu@lewissanders.com +852
+852 2537
2537 7415
7415 or
or email
email recruit@lewissanders.com
recruit@lewissanders.com
www.lewissanders.com
www.lewissanders.com
www.lewissanders.com
PRIVATE PRACTICE
IN-HOUSE CORPORATE
We are a specialist legal team within the leading recruitment brand of PageGroup. Our strong client network sees us working
1 closely
5 Years PQE
3 7 Years
10 15institutions,
Years PQE
with international and local law firms, global
and PQE
local listed and private corporations, financial
as well as Hong
Leading
UK
Law
Firm
Leading
US
Law
Firm
Real
Estate
Developer (Hong Kong Listed)
Kong regulatory bodies.
Corporate Lawyer
Regulatory Lawyer
4 7 Years PQE
Leading International Law Firm
5 7 Years PQE
Leading International Law Firm
Legal Counsel
To apply, visit www.michaelpage.com.hk/apply quoting the reference number or contact the following consultants:
To apply, visit www.michaelpage.com.hk/apply quoting the reference number or contact the following consultants:
Legal
Legal
EXCLUSIVE
EXCLUSIVE JOB
JOB
MONTH
MONTH
FINANCIAL SERVICES
edge
edgetechnologies
technologiesacross
acrossthe
theglobe
globeis iscurrently
currentlyseeking
seekinga a
capable
capablecorporate
corporatecommercial
commerciallawyer
lawyertotojoin
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theirgroup
groupasas
Senior
Senior
Legal
Legal
Counsel.
Counsel.
You
You
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corporate
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listing
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You
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legal
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services
toto
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business
units
units
and
and
handle
handle
commercial
commercial
matters.
matters.
The
The
successful
successful
candidate
candidate
will
will
possess
possess
atat
least
least
1010
years
years
ofof
PQE
PQE
obtained
obtained
in in
the
the
area
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and
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work.
work.
Those
Those
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fromlaw
lawfirms,
firms,with
withstrong
strongM&A
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andinvestments
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considered.
considered.
Proficiency
Proficiency
in in
English,
English,
Cantonese
Cantonese
and
and
Mandarin
Mandarin
is is
required.
required.
Ref:
Ref:
H2988940
H2988940
6+ Years PQE
Healthcare Products Group (Hong Kong Listed)
3 8 Years PQE
Top Tier Investment Bank
6 8 Years PQE
Global Insurance Player
Banking Lawyer
and
andglobal
globalheadquarters
headquartersononbusiness
businessstrategies.
strategies.The
The
successful
successful
candidate
candidate
will
will
possess
possess
at at
least
least
66
years
years
ofof
PQE
PQE
with
with
experience
experience
in in
insurance
insurance
law.
law.
Experience
Experience
in in
distribution
distribution
channels,
channels,
sales
sales
channels
channels
oror
lifelife
insurance
insurance
is is
highly
highly
regarded.
regarded.
While
Whileprior
priorin-house
in-houseexperience
experienceis isuseful,
useful,lawyers
lawyersfrom
from
3 law
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Years
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reputable
reputable
firms
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also
bebe
considered.
considered.
Proficiency
Proficiency
in in
English
English
and
and
Mandarin
Mandarin
is is
required.
required.
Ref:
Ref:
H2984200
H2984200
Funds Counsel
currently expanding
and
would like
hire Manager
a Manager
talented lawyer Banking
will join at
AVP / VP level covering the region and advise onFunds
legalCounsel
function
in Hong Kong. Working with a Senior Counsel
Funds
Counsel
Assistant
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Legal
LegalCounsel
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Lawyer
Lawyer
law
law
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commercial
law.
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Experience
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work,
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Proficiency
in in
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required.
Ref:
Ref:
H2784200
H2784200
Olga Yung,
Carolyn Woo,
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income/ capital
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guidelines.Proficiency
Proficiencyin inEnglish
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and
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is is
required.
required.
Ref:
Ref:
H2910830
H2910830
Director,
Director,
Michael
Michael
Page
Page
Legal
Legal
(+852)
(+852)
2848
2848
4791
4791/ olgayung@michaelpage.com.hk
/ olgayung@michaelpage.com.hk
Associate
Associate
Director,
Director,
Michael
Michael
Page
Page
Legal
Legal
(+852)
(+852)
2848
2848
4793
4793/ /carolynwoo@michaelpage.com.hk
carolynwoo@michaelpage.com.hk
Samantha Fong,
Get
GetConnected.
Connected.Stay
StayAhead.
Ahead.
James Choi,
15196
15196
Senior Consultant,
Michael Page Legal
Consultant,
Michael Page Legal
Samantha
Samantha
Fong,
Fong,
James
James
Choi,
Choi,
(+852)
2848 4792Michael
/Michael
samanthafong@michaelpage.com.hk
(+852) 2848
4796Page
/ jameschoi@michaelpage.com.hk
Senior
Senior
Consultant,
Consultant,
Page
Page
Legal
Legal
Consultant,
Consultant,
Michael
Michael
Page
Legal
Legal
(+852)
(+852)
2848
2848
4792
4792/ /samanthafong@michaelpage.com.hk
samanthafong@michaelpage.com.hk
(+852)
(+852)
2848
2848
4796
4796/ /jameschoi@michaelpage.com.hk
jameschoi@michaelpage.com.hk
Specialists
Specialistsininlegal
legalrecruitment
recruitment
www.michaelpage.com.hk
www.michaelpage.com.hk
www.michaelpage.com.hk
Funds
US Securities
1+ PQE
Hong Kong
5+ PQE
Litigation
Hong Kong/Beijing
1+ PQE
Hong Kong
China Corporate
Capital Markets
1+ PQE
2-6 PQE
Hong Kong/Singapore
Hong Kong/China
3-5 PQE
Hong Kong
Construction Litigation/Arbitration
Corporate PSL
In-House Property
4-7 PQE
5+ PQE
Hong Kong
Hong Kong
4+ PQE
Hong Kong/Shanghai
Corporate Energy
2-7 PQE
Dubai
3+ PQE
Beijing/Hong Kong
3+ PQE
Sydney/London
Corporate M&A
International Arbitration
Project Finance
2-6 PQE
Singapore/Hong Kong
5+ PQE
Singapore
5+ PQE
Singapore
International Arbitration
1-5 PQE
Singapore
Partner
Singapore
Partner
Singapore
This is a selection of our current vacancies; for more information in complete confidence,
please call the Hong Kong office on +852 2503 2500 or contact our Singapore office on +65 6100 1900 or email us at
sandra.godbold@atticus-legal.com or amith.narayan@atticus-legal.com
www.atticus-legal.com
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hays.com.hk
Private Practice
COMMERCIAL LITIGATION
In-House
HONG KONG
PARTNER
COUNSEL
This top tier international firm has a vacancy for a senior non-contentious
regulatory lawyer to support its financial services client base. Lawyers
from leading international firms as well as in-house regulatory lawyers
are encouraged to apply. Very competitive salary and excellent partnership
prospects.(HKL 13043)
HONG KONG
COUNSEL
LITIGATION
HONG KONG
3-6 PQE
LEGAL DIRECTOR
LEGAL COUNSEL
HONG KONG
8+ PQE
LEGAL EDITOR
HONG KONG
4-8 PQE
This highly regarded litigation practice is expanding its Hong Kong practice
and is looking for lawyers with exceptional academic backgrounds who
enjoy the technical and academic side to legal practice. Work is of the highest
quality acting on large international matters from complex arbitration and
financial services claims to complex contentious litigation matters. Chinese
language skills is useful. (HKL 12641)
FINANCE/FUNDS
M&A ASSOCIATE
HONG KONG
3-5 PQE
Top-tier international law firm is looking for a M&A associate with extensive
cross-border M&A experience in the region. Great opportunity to gain
exposure to high-profile deals acting for PE houses. Fluency in Cantonese
and Mandarin are required. (HKL 13056)
HONG KONG
NQ-3 PQE
HONG KONG
3-5 PQE
Interesting vacancy with PRC asset manager that is looking to hire a head of
legal to support its team in HK and Beijing. This position will suit a senior
PRC lawyer or Hong Kong lawyer with considerable PRC experience who
can support the business across a range of legal issues including restructuring,
corporate and regulatory matters.Competitive salary on offer. (HKL 13057)
FUNDS
COMPANY SECRETARY
HONG KONG
These are a small selection of our current vacancies. If you require further details or wish to have a confidential discussion about your career, market
trends, or would like salary information, then please call our office (+852 2920 9100) or contact one of the following consultants in Hong Kong:
Hong Kong
Singapore
Beijing
Shanghai
SPECIALIST
SPECIALIST PROFESSIONAL
PROFESSIONAL RECRUITMENT
RECRUITMENT
LEGAL &
& COMPLIANCE
COMPLIANCE PROFESSIONALS
PROFESSIONALS
FINANCIAL
FINANCIAL SERVICES
SERVICES
COMMERCE
COMMERCE&&INDUSTRY
INDUSTRY
HEAD
HEAD OF
OF COMPLIANCE,
COMPLIANCE, HONG
HONGKONG
KONG
EUROPEAN
BANK
EUROPEAN BANK
LEGAL
LEGAL&&COMPLIANCE
COMPLIANCEDIRECTOR
DIRECTOR
FINANCIAL
FINANCIALTECHNOLOGY
TECHNOLOGYFIRM
FIRM
QPD/645570
QPD/645570
ONR/621550
ONR/621550
This
This impressive
impressive European
Europeanbanking
bankinggroup
groupisislooking
lookingfor
foran
anexperienced
experienced
compliance
compliance and
and AML
AMLprofessional
professionalto
tohead
headup
upthe
thecompliance
complianceteam
teamininHong
Hong
Kong.
Kong. Reporting
Reporting directly
directlyto
tothe
theHead
Headof
ofLegal
Legaland
andCompliance
Compliancefor
forAPAC,
APAC,
you
will
ensure
that
all
activities
of
the
Hong
Kong
branch
are
in
line
with
you will ensure that all activities of the Hong Kong branch are in line withall
all
applicable
applicable laws
laws and
andregulations,
regulations,while
whilealso
alsoacting
actingas
asthe
theMLRO.
MLRO.
AAleading
leadingfinancial
financialtechnology
technologyfirm
firmthat
thatprovides
providesmobile
mobiletrading
tradingservices
servicestoto
retail
retailand
andinstitutional
institutionalinvestors
investorsininAsia
Asiaand
andthe
theUS
USisislooking
lookingfor
fora aLegal
Legaland
and
Compliance
ComplianceDirector
Directortotojoin
jointheir
theirgrowing
growingteam.
team.You
Youwill
willreport
reportdirectly
directlytotothe
the
CFO
and
play
an
integral
part
in
the
firms
growth
in
both
Hong
Kong
and
CFO and play an integral part in the firms growth in both Hong Kong and
globally.
globally.
Key
Key Requirements:
Requirements:
aa minimum
minimum of
of ten
tenyears
yearscompliance
complianceexperience
experienceinincorporate
corporateand
and
investment
investment banking
banking
knowledge
of
the
local
and
regional
regulatory
landscape
pertaining
knowledge of the local and regional regulatory landscape pertainingtoto
banking
banking and
and finance
financesector
sector
extensive
extensive AML
AMLbackground,
background,with
withexposure
exposureto
tofraud,
fraud,insider
insidertrading,
trading,and
and
control
control room
room matters
matters
fluency
in
written
and
spoken
English
and
Cantonese
is
required;
Mandarin
fluency in written and spoken English and Cantonese is required; Mandarin
would
would be
be aa plus
plus
Key
KeyRequirements:
Requirements:
six to eight years experience in legal and compliance, ideally coming
six to eight years experience in legal and compliance, ideally coming
from
fromthe
theretail
retailsecurities
securitiesindustry
industry
knowledge and understanding of SFO and the relevant codes,
knowledge and understanding of SFO and the relevant codes,
regulations,
regulations,and
andguidelines
guidelinesofofthe
theSFC
SFC
knowledge of SFC filing, reporting, annual return, FRR etc
knowledge of SFC filing, reporting, annual return, FRR etc
fluency in written and spoken English, Mandarin and Cantonese is
fluency in written and spoken English, Mandarin and Cantonese is
required
required
COMMERCE
COMMERCE &
& INDUSTRY
INDUSTRY
COMMERCE
COMMERCE&&INDUSTRY
INDUSTRY
DATA
DATA PROTECTION
PROTECTION COUNSEL
COUNSEL
LEADING
LEADING TELECOMMUNICATIONS
TELECOMMUNICATIONSCOMPANY
COMPANY
LEGAL
LEGALCOUNSEL
COUNSEL
CONSUMER
CONSUMERGOODS
GOODSMULTINATIONAL
MULTINATIONAL
This
This household
household name
nameinintelecommunications
telecommunicationsisisseeking
seekingan
anexperienced
experiencedData
Data
Protection
Protection Counsel
Counselto
tojoin
jointhe
thebusiness
businessininHong
HongKong.
Kong.You
Youwill
willbe
beresponsible
responsible
for data protection programmes and developments across the APAC region.
for data protection programmes and developments across the APAC region.
This
Thismultinational
multinationalcorporation
corporationininconsumer
consumergoods
goodsisisexpanding
expandingitsitsoperation
operation
ininAPAC
APACand
andisisseeking
seekingan
anexperienced
experiencedLegal
LegalCounsel
Counseltotojoin
jointhe
theteam.
team.
Reporting directly to the Head of Legal, you will be responsible for all legal
Reporting directly to the Head of Legal, you will be responsible for all legal
and compliance matters in the APAC region.
and compliance matters in the APAC region.
EQA/645320
EQA/645320
Key Requirements:
Key Requirements:
a minimum of four years PQE; Commonwealth qualified, with data privacy
a minimum of four years PQE; Commonwealth qualified, with data privacy
and data protection experience in Hong Kong and other Asian jurisdictions
and data protection experience in Hong Kong and other Asian jurisdictions
solid experience drafting and updating data protection related policies
solid experience drafting and updating data protection related policies
and procedures as well as developing and providing privacy training to
and procedures as well as developing and providing privacy training to
management and employees
management and employees
fluency in written and spoken English and Mandarin is required
fluency in written and spoken English and Mandarin is required
EQA/640390
EQA/640390
Key Requirements:
Key Requirements:
a minimum of five years PQE; Commonwealth qualified
a minimum of five years PQE; Commonwealth qualified
solid experience in drafting, reviewing and negotiating a broad variety
solid experience in drafting, reviewing and negotiating a broad variety
of commercial contracts typical to a retail, FMCG, or consumer goods
of commercial contracts typical to a retail, FMCG, or consumer goods
business
business
knowledge of intellectual property law and IP enforcement matters as well
knowledge of intellectual property law and IP enforcement matters as well
as exposure and understanding of PRC laws and regulations
as exposure and understanding of PRC laws and regulations
fluency in written and spoken English and Mandarin is required
fluency in written and spoken English and Mandarin is required
COMMERCE
COMMERCE &
& INDUSTRY
INDUSTRY
PRIVATE
PRIVATEPRACTICE
PRACTICE
LEGAL COUNSEL
LEGAL COUNSEL
REAL ESTATE FINANCE
REAL ESTATE FINANCE
This international real estate business is looking for a Legal Counsel to join the
This international real estate business is looking for a Legal Counsel to join the
expanding team. Reporting to the Managing Director, you will be part of the
expanding team. Reporting to the Managing Director, you will be part of the
front office team and advise on the structuring of global transactions, setting up
front office team and advise on the structuring of global transactions, setting up
fund platforms and development projects.
fund platforms and development projects.
Key Requirements:
Key Requirements:
a minimum of six years experience, ideally coming from an international law
a minimum of six years experience, ideally coming from an international law
firm or in-house
firm or in-house
experience
in real estate finance and/or private transactions on a multi experience in real estate finance and/or private transactions on a multijurisdictional basis
jurisdictional
basis
Chinese languages
are preferred but not essential
Chinese languages are preferred but not essential
A leading offshore law firm is hiring for its well known investment funds
A leading offshore law firm is hiring for its well known investment funds
division. Reporting to the Managing Partner, you will be working for clients
division. Reporting to the Managing Partner, you will be working for clients
who represent some of the more sophisticated and respected fund
who represent some of the more sophisticated and respected fund
managers in Asia. The work will vary from fund formation to downstream
managers in Asia. The work will vary from fund formation to downstream
work such as M&A and more general matters such as shareholders
work such as M&A and more general matters such as shareholders
agreements. The offshore structure allows a broad portfolio and promotes a
agreements. The offshore structure allows a broad portfolio and promotes a
work-life balance culture.
work-life balance culture.
Key Requirements:
Key Requirements:
a minimum of two years PQE; Commonwealth qualified, ideally coming
a minimum of two years PQE; Commonwealth qualified, ideally coming
from an international law firm
from an international law firm
exposure
to either investment funds or corporate law
exposure
to either
investment
funds or
corporate
fluency
in written
and
spoken English
and
Mandarinlaw
will be a plus
fluency in written and spoken English and Mandarin will be a plus
OAA/637270
OAA/637270
OAA/638330
OAA/638330
TO FIND OUT MORE ABOUT THESE EXCITING LEGAL & COMPLIANCE CAREER OPPORTUNITIES, PLEASE CONTACT:
TO FIND OUT MORE ABOUT THESE EXCITING LEGAL & COMPLIANCE CAREER OPPORTUNITIES, PLEASE CONTACT:
Oliver Allcock
+852 2103 5317
oliver.allcock@robertwalters.com.hk
Ricky Mui
+852 2103 5370
Oliver Allcock
+8522103
21035328
5317
oliver.allcock@robertwalters.com.hk
Ricky Mui
+8522103
21035365
5370
Estefania
Altuve
+852
estefania.altuve@robertwalters.com.hk
Adeline
Heng +852
Estefania
Altuve
+852
2103
5328
estefania.altuve@robertwalters.com.hk
Adeline
Heng
+852 2103 5365
Megan Craighead
+852 2103 5377
megan.craighead@robertwalters.com.hk
Megan Craighead
+852 2103 5377
megan.craighead@robertwalters.com.hk
www.robertwalters.com.hk
www.robertwalters.com.hk
ricky.mui@robertwalters.com.hk
ricky.mui@robertwalters.com.hk
adeline.heng@robertwalters.com.hk
adeline.heng@robertwalters.com.hk
ROBERT WALTERS HONG KONG 20/F NEXXUS BUILDING 41 CONNAUGHT ROAD CENTRAL CENTRAL HONG KONG
ROBERT WALTERS HONG KONG 20/F NEXXUS BUILDING 41 CONNAUGHT ROAD CENTRAL CENTRAL HONG KONG
@OJAssociates
38
Placed lawyers in
the last 12 months
Partners
moved in 2015
220 43
Active candidates
based in Hong Kong
Private Practice
clients in Hong Kong
oliver-james-associates
What do our candidates think of us?
US Attorney, Shanghai
Revolutionising
Legal Recruitment
Current Legal opportunities
CONTRACT OPPORTUNITIES
Are you burnt out working in Private Practice? Are you struggling to get in-house experience? Oliver James Associates are working exclusively
with a number of Financial Services clients who are looking for lawyers to work on a contract basis. The vast quantity of opportunities we have is a
completely new concept in the Hong Kong market and one we are sure will continue. The legal market is changing, take advantage of it.
Benet to companies:
Benet to you:
Skills needed:
Contracts will last from a minimum of 3 months to a maximum of 24 months and will sometimes accommodate part-time hours too. Languages are
always useful though just English speaking is ne. If you would like to learn more about any of the above please contact Jonny Plews below.
In-House
Regional General Counsel, Global Insurer
Hong Kong
International Qualication, 10 + PQE
Award winning Life Insurance group seeks
an experienced lawyer to act as General
Counsel. You will be a board member for the
group and be involved in a wide variety of
strategic decisions.The group are very busy
in the mergers and acquisition space so you
will need to have a strong corporate pedigree,
ideally trained in one of the leading law rms.
Prior insurance experience is not required and
we are happy for someone straight from private
practice. You must have uent English and
Chinese speaking candidates will be favoured.
Jonny Plews
Associate, Banking
Hong Kong
Open on Qualication, 2-5 PQE
Global rm seeks an associate to join their
Banking & Finance practice. They are renowned
in this market for their expertise within a
number of transactional disciplines. This
practice is positioned to support the corporate
team with their ongoing need for acquisition
nancing facilities. You will gain tremendous,
ongoing training and development directly from
a well-respected and market leading partner.
Additionally and due to the nature of the work,
you will achieve very predictable hours, whilst
still obtaining top NY remuneration.
Arron Leale
Private Practice
Associate, Banking
Hong Kong
Open on Qualication, NQ-5 PQE
Renowned globally for their expertise in
Banking and Finance, this leading international
rm are aiming to expand their team. Ideally
you will have gained broad exposure across;
acquisition nance, leveraged nance and
syndicated loans at an international rm
and are looking for a logical step up in rm
prestige and remuneration. Despite being a
top m however there is a huge focus on sta
wellbeing, in fact this rm has the best % sta
retention through the last three years in Hong
Kongs leading rms.
Arron Leale
Sam Mattey
+852 5804 9091
sam.mattey@ojassociates.com
David Walsh
+44 (0)207 310 8731
david.walsh@ojassociates.com
Larissa Looi
+852 5804 9092
larissa.looi@ojassociates.com
Arron Leale
+852 5804 9077
arron.leale@ojassociates.com
Jessica Nield
+1 646 833 2678
jessica.nield@ojassociates.com
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