State Secrets and Trade Secrets in China guides you through the new state secrets and trade secrets law, both of which came into force in 2010, with detailed and practical analysis. It helps foreign investors and lawyers understand the new state secrets and trade secrets law in China, identifies the possible risks and suggests practical solutions/steps to take.

Intellectual Property Rights in China explains the structure and role of the intellectual property rights system in the modern Chinese economy. The content conveys the expertise of leading Chinese practitioners with straightforward and practical guidance.

In April 2010, a year after the implementation of the Civil Justice Reform, the University of Hong Kong and University College London hosted a joint conference entitled “Civil Justice Reform - What Has It Achieved?”.This publication seeks to answer that vitally important question and makes essential reading for practitioners seeking to understand the new procedures of civil justice reform.

Hong Kong Civil Justice Reform Practice Manual, Second Edition focuses on the practical steps to ensure practitioners do not get caught out by the sweeping new provisions, and are able to provide their clients with specific advice as to how their cases should be conducted in this new era of dispute resolution.

The Practical Guide to the Hong Kong Competition Ordinance as authored by Linklaters provides a highly practical yet comprehensive overview of the new competition regime from both substantive and procedural aspects.

This updated Third Edition of the Law and Practice of Hong Kong Companies presents a step-by-step overview that a professional needs for the daily practice of running a company in accordance with the current provisions of the Companies Ordinance (Cap.622). This practical book highlights and breaks down the everyday routine and procedures for properly running a company, including: (i) requirements from incorporation to dissolution; (ii) formalities required by the Companies Registrar; (iii) formation of joint ventures; (iv) purchase of sole trader; (v) partnerships and business enterprises; (vi) civil and criminal proceedings, etc.

NEW CONTENT (i) Practice and Procedure on the Listing of Companies on the Hong Kong Exchange; (ii) Continuing Statutory Obligations of Directors and Officers of such
Companies; and (iii) Suspension, Cancellation and Withdrawal of the Listing of such Companies from the Exchange.

NEW CHAPTERS (i) Regulation of Listed Companies; (ii) Share Capital Transactions; (iii) Investigations and Enquiries; and (iv) Takeovers, Mergers, Amalgamations and Other Reconstructions. 

This new edition is the ideal source for the answers to all questions in regards to Hong Kong companies and its company secretarial practice.

Essential legal content for everyone who wants to stay current with all Hong Kong Employment Law related matters, this Second Edition of Employment Law & Practice in Hong Kong brings you up to date on the developments of the past six years on the practice of law and jurisprudence. It also features expanded coverage of a number of areas, including: post-termination restrictive covenants and numerous case law developments in workplace discrimination.

• A single and complete text reviewing and analysing all sections of the law as amended over the last four years, fully incorporating all recent changes to the law including:

           (i) new Parts 3A and 14A added to the Ordinance

           (ii) related amendments in accordance to the new provisions of the Companies Ordinance (Cap.622) and Financial Institutions (Resolution) Ordinance (Cap.628)

• Annotated and edited by Mr. Laurence Li, Barrister-at-Law from Temple Chambers and a team of distinguished contributors, including legal counsel from the Securities and Futures Commission

The 2018 Edition is fully updated and incorporated – reviewing and analysing all the amendments and revisions to the law over the last four years with cross-referencing to corresponding legislation:

The comprehensive and concise resource for anyone interested in Alternative Dispute Resolution

Your Practical Companion to Archbold Hong Kong

The Hong Kong Companies Ordinance (Cap.622): Commentary and Annotations, 2018 Edition

The full and complete annotations on all 921 sections and 11 schedules of the Primary Legislation, as well as all 12 provisions of the Subsidiary Legislation (Cap.622A - 622L) – presented in a 2-volume set.

Highlights of these Commentary & Annotations include:

• The key changes, precedents and applications made by the law since its enactment 4 years ago
• All cases and legal precedents raised over the last 4 years, to corporate governance, compliance, and structure
• Review and analysis of the newly added Division 2A to Part 12 and Schedules of the Ordinance focusing on the role of significant controllers and their new due diligence obligations as a result of the 2018 Companies Amendments

ProView eBook Exclusive Content:

1. Summary of the 2017 Companies (Amendment) Bill
2. Tabled summary of all 21 Parts of the Ordinance
3. Comparative table of the Companies Ordinance
4. Glossary of all terms defined

General Editor: Kingsley Ong

Pub Date: Jun 2018

Format: DUO / eBook

ISBN: 9789626618943

eISBN: 9789626618974

Companies (Winding-Up and Miscellaneous Provisions) Ordinance (Cap.32): Commentary and Annotations, 2018 Edition

The only publication to offer an analytical and comprehensive look at the recent amendments and revisions to the Companies (Winding-Up and Miscellaneous Provisions) Ordinance (Cap.32) just enacted this past 2017.

An essential publication to comprehend all relevant amendments and changes to the law, examining and analysing:

• Key proposals designed to increase the protection of creditors in the course of a company winding-up
• Additional safeguards to reduce the risk of abuse by directors during a voluntary winding-up process
• Increased power of the Courts to set aside questionable transactions
• Streamlining the winding-up process to save time and costs for the administration of such cases

ProView eBook Exclusive Content:

1. Summary of revisions and changes to the law resulting from the 2016 Amendments to the Ordinance
2. Guide to the winding-up of a company
3. Sample Winding-Up Forms

General Editor: Antonio Da Roza

Pub Date: May 2018

Format: DUO / eBook

ISBN: 9789626618905

eISBN: 9789626618929

Print and ProView eBook included with exclusive content on eBook version!

The first publication on drafting wills and trusts in Hong Kong, this crucial guide explains the issues involved in preparing Hong Kong law trusts.

An analytical guide to all aspects of this Ordinance as it relates to property ownership and duty of care. The publication analyses and covers the law regulating public, private, and commercial tenants; freeholders; lease holders; repairing responsibilities; duty to maintain a safe environment, etc.

• The definitive analytical text on Hong Kong company law covering all the recent applications, case law, and updates on the progress of Hong Kong’s new companies regime.

Bills of Exchange Ordinance (Cap.19): Commentary and Annotations looks at the laws, rules, and regulations relating to bills of exchange – which includes cheques, promissory notes, payment/financial instruments, etc.

The thorough commentary, informed by comparative law … makes the book an asset not only for readers involved in the application of the Ordinance in Hong Kong, but also for those involved in the interpretation and application of similar provisions in other parts of the world.

• The only authoritative reference source with comprehensive coverage of the British Virgin Islands offshore market

The only text focusing exclusively on Insurance Law in Hong Kong

• This new edition provides localisation of substantive legal content, building on the precedents of pleadings that have been tightly drafted by specialist law firms
• Your subscription includes a complimentary supplement in 2018 which will provide two new chapters complete with new precedents

The authoritative reference work for Hong Kong contract law, updated!

Providing the new updates to local contract law, enabling you to draft and interpret contracts with complete confidence.
• Changes to 80% of the chapters by the distinguished author team
• A new chapter on a hot topic: Cyber law

Authoritative new content to the fifth edition:
• Mediation content reviewed by Mr. Justice Lam, Vice President of the Hong Kong Court of Appeal.
• Undue Influence examines contracts entered into under tremendous inequality of bargaining power, and very often duress.
• Restitution & Unjust Enrichment detailing a new section on Remedies, the essential guidance for legal actions, guiding you to understand how to rectify a wrong right
• Sales of Land highlights substantially expanded. Recent cases on condition of property, requisitions, memorandums, courts’ emphasis on pragmatism and freedom of contract, and new sections on fixtures and Chinese customary law.

One of the first publications of its kind to provide a comparative and critical overview of personal data protection laws in 12 jurisdictions of the Asia Pacific region

THE GO TO RESOURCE ON THE SPECIALIST ISSUES OF COMMERCIAL LITIGATION

• Distinguishes Mareva Injuctions from proprietary or asset preservation injunctions
• Refers and explains the Revised Practice Guidelines for Admission of Overseas Counsel (Bar Circular no. 068 of 2015) issued by the Hong Kong Bar Association, in particular the checklist attached to those guidelines
• References the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016
• Replaces the old practice directions 11.1 & 11.2 with the most updated versions

• Asia Fortune Media Group Ltd, Re (unrep., CACV 248/2015, 12 April 2016)
• China Solar Energy Holdings Ltd, Re (unrep., HCCW 108/2015, 14 June 2017).
• Joint Official Liquidators of A Co v B [2014] 4 HKLRD 374; L v G Ltd [2016] 1 HKLRD 167.
• Z-Obee Holdings Ltd, Re (unrep., HCCW 85/2014, 27 June 2014).
• Kam Leung Sui Kwan v Kam Kwan Lai (2015) 18 HKCFAR 501.
• Solar Touch Ltd, Re [2004] 3 HKLRD 154;
• Beauty China Holdings Ltd, Re [2009] 6 HKC 351, [21]-[23];
• Pioneer Iron and Steel Group Company Ltd, Re (unrep., HCCW 322/2010, 6 March 2013).
• Hyundai Engineering & Construction Co Ltd v UBAF (HK) Ltd
• Skillsoft Asia Pacific Pty Ltd v Ambow Education Holding Ltd (No.2) [2016] 1 HKLRD 1052.
• Zimmer Sweden AB v KPN Hong Kong Ltd [2009] 3 HKLRD 94
• Re Mr David Perry QC [2016] 2 HKLRD 647
• Re Mably [2014] 1 HKLRD 627
• United Asia Fiance Ltd v Yiu Tsz Ngar [2015] 2 HKLRD 189
• Sketchers Sarl v Eternity Freight International Forwarded (HK)(unrep., HCCL 6/2016, 22 August 2016)
• Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Ltd (2016) 19 HKCFAR 586
• XY LLC v Jesse Zhu (CACV 11/2016, 5 December 2016)
• Wharf Ltd v Lau Yuen How (HCA 1535/2008, 9^th January 2009)

The most comprehensive and in-depth text on Business Law

Company Law in Hong Kong: Insolvency, 2018 focuses and provides an updated analysis on all matters relating to the surviving sections of the re-titled Companies (Winding-Up and Miscellaneous Provisions) Ordinance (Cap. 32) dealing with all corporate recovery and insolvency issues in Hong Kong. This title also provides an overview and summary of the recent 2017 amendments to the insolvency and winding-up provisions, now fully incorporated into the Ordinance. These amendments are primarily to:

(i) Increase and enhance protection for creditors;
(ii) Streamline the winding-up process;
(iii) Strengthen the regulation under the winding-up regime;
(iv) Enhance the integrity of the winding-up process; and
(v) To make related, consequential and minor technical amendments to the law for easier understanding.

Company Law in Hong Kong: Practice and Procedure, 2018 provides further updated analysis of the modernised legal framework for the incorporation and operation of companies in Hong Kong. The progress of the four main objectives of this Ordinance remains the point of focus:

(i) Enhancing corporate governance;
(ii) Ensuring better regulations;
(iii) Facilitating business in Hong Kong; and
(iv) Modernising the law, three years after its full and complete enactment.

Three years on from its enactment, the Companies Ordinance (Cap. 622) continues to be an integral part of Hong Kong’s corporate and financial schemes. This new 2018 edition incorporates all the new cases relevant to this law.

Intellectual Property Law and Practice in Hong Kong, Second Edition continues to be the standard text on intellectual property law in Hong Kong and the essential treatise for the modern day IP practitioner.

Equity and Trusts in Hong Kong: Doctrines, Remedies and Institutions is a detailed text on the law in Hong Kong.

The text is unique as it not only details the development of equity and trusts in Hong Kong in the light of developments in other jurisdictions, but also considers the uses of equity and trust in Hong Kong and how they have developed and may be developed in the commercial, corporate and banking sectors. The text also considers the interaction between the domestic use of trusts in Hong Kong and the practice of offshoring.

Tort Law in Hong Kong, now in its fourth edition, is both a learning tool for intending lawyers and the most up-to-date and comprehensive tort law resource for legal practitioners, academics and judges. The focus is on the Hong Kong law and context. The new edition provides critical analysis of more than 300 new court decisions from Hong Kong and relevant overseas jurisdictions.

Civil Procedure in Hong Kong: A Guide to the Main Principles, Fourth Edition, a popular text with practitioners, has developed a reputation as being a user-friendly, simply written guide to the main principles of civil procedure.

The new edition covers important changes in relevant areas, including the recent abolition of the “as of right” route of appeal to the CFA. A few years have passed since the coming into effect of the Civil Justice Reform (CJR). The text elaborates on various points where it would be helpful for practitioners to have more of an explanation and/or a flavour of the Court’s general approach now.

The practical companion to The Hong Kong White Book
Since its first edition in 1993, Civil Litigation in Hong Kong has proved to be an unparalleled practical guide to the rules of civil procedure in Hong Kong.

A step-by-step practical guide
Its checklists, diagrams, and sample documents have been a valuable source of knowledge for trainee solicitors and practitioners who conduct civil litigation. Now available in DUO, which includes a ProView eBook version for you to personalise your copy.

Completely up-to-date with new content covering numerous changes to the dispute resolution
Since the previous edition, a wealth of case law has now fleshed out the new rules and this fifth edition puts meat on those bones by instructing readers based on almost a decade of post-CJR practical experience. This edition covers:
• Updated and improved sections on sanctioned offers and sanctioned payments, mediation and settlement
• Major changes in the arbitration regime — increasingly popular as a method of alternative dispute resolution.

Written by a team of experienced practitioners who specialise in Civil Litigation and Dispute Resolution
• Allan Leung, Partner, Hogan Lovells Hong Kong
• Douglas Clark, Gilt Chambers

Enjoy 30% off for The Hong Kong White Book subscribers on or before 30 September 2017!

Download the order form now.

A clear and concise collected volume of all the annotated ordinances for practitioners, banking and corporate professionals, financers and investors in Hong Kong.

Money-laundering is prevalent and has been an increasing concern in Hong Kong, with rates far exceeding the global average. The Hong Kong Anti-Money Laundering Ordinances: Commentary and Annotations encompasses the latest materials on the three major Anti-Money Laundering Ordinances: Drug Trafficking (Recovery of Proceeds) Ordinance (Cap 405); Organized and Serious Crimes Ordinance (Cap 455); and Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (Cap 615).

The 2nd Edition is fully updated: reviewing and analyzing the recent updates and amendments that affect the Ordinance with cross-referencing to corresponding laws:

1. Applications and references to the corresponding sections to the: Companies Ordinance (Cap.622); Securities and Futures Ordinances (Cap.571); Banking Ordinance (Cap.155); Inland Revenue Ordinance (Cap.112); as well as international anti-money laundering standards;

2. Firms/Financial Institutions duty to comply with the AMLO – Revised rules and regulations to help detect and report suspicious activity including the predicate offenses to money laundering and terrorist financing, such as securities fraud and market manipulation;

3. Updated requirements of Firms/Financial Institutions (i.e. banks) to take preventative or mitigating measures commensurate with the nature and scope of the money laundering or terrorist- financing risks by identifying high-risk clients;

4. Revised customer due diligence measures (CDD) which must be undertaken and complied with prior to establishing any business relationship or conducting with, or conducting occasional transactions for customers;

5. New amendment of the AMLO to prescribe the statutory CDD and record-keeping requirements applicable to solicitors, accountants, real estate agents and trust and company service providers (“Designated Professions”) when they engage in specified transactions;

6. New amendments that require Firms/Financial Institutions to establish and maintain adequate and appropriate risk-based controls to address trade-based money laundering risks as well as develop written policies and procedures to assess and mitigate money laundering risks arising from trade-related activities;

7. Proposed amendments to the Companies Ordinance (Cap.622) to require companies incorporated in Hong Kong to maintain beneficial ownership information.

ProView eBook Exclusive Content:

1. The Monetary Authority’s Guideline on Anti-Money Laundering and Counter-Terrorist Financing (For Authorized Institutions);

2. The Securities and Futures Commission’s Guideline on Anti- Money Laundering and Counter-Terrorist Financing (For Licensed Corporations);

3. The Insurance Authority’s Guideline on Anti-Money Laundering and Counter- Terrorist Financing (For authorized insurers, reinsurers, appointed insurance agents and authorized insurance brokers carrying on or advising on long term business); and

4. Guidance Paper on Combating Trade-based Money Laundering

Following the success of The Law is a Crocodile and Crocodile at Law, Sweet & Maxwell is pleased to present Croc of Final Appeal from Mr. Justice Kemal Bokhary.

This is the third in a trilogy of cartoon law books by Mr Justice Kemal Bokhary. Like its predecessors, it reaches out to the general public as well as lawyers. Its main theme is the law’s role in achieving the ideals to which humankind aspires. To convey his thoughts, the author has written 149 entries and drawn 152 cartoons. The link between natural law and human rights is explored. Democracy, justice and the rule of law are among the topics addressed.  So are civil disobedience, constitutional methods, the separation of powers and much more besides. Humour is often employed, but always to make points meant to be taken seriously.

So much more than just a book.

The 2018 Service is the essential companion and reference publication for every criminal practitioner. It has a main work, two supplements and four e-newsletters.

THE DEFINITIVE GUIDE TO CRIMINAL PRACTICE AND PROCEDURE IN HONG KONG

Giving you confidence in the face of an ever changing legal environment. The Hon. Mr. Justice Bokhary continues as the Editor-in-Chief and Mr. Graham Harris QC as the General Editor. Every word is ingrained with the wisdom, experience and expertise of our expert author team who know what it takes to build watertight cases and deliver when it really matters.

Archbold Hong Kong is the reference work to cite in court, adding weight and credibility to your arguments. It concentrates on what the law is, rather than what it ought to be, covering both substantive law and the practice and procedure of the court.

You know as well as we do how quickly the law changes. The 2018 service keeps you upto- date through the main work, two supplements, and four e-newsletters. Many chapters are updated including cases on organized and serious crime, hearsay, confessions, joint enterprise, outraging public decency, bail, dangerous drugs, costs, intoxication, sexual offences, professional misconduct, search warrants, discount for good character, road traffic offences, legal professional privilege, competence of counsel, securities and futures offences and immigration offences, enhancing your understanding of the crimes relevant to your current cases.

Archbold Hong Kong 2018 is available in print, ProView eBook and on Westlaw Asia.

FIND ANSWERS FROM A TRUSTED PARTNER

The Hong Kong White book is trusted for its authority, commentary and is relied upon by judges and lawyers alike for guidance on Civil Procedure.

The 2018 service continues to provide the most comprehensive coverage of matters relevant to civil procedure. The sixteenth edition of Hong Kong Civil Procedure contains four mainwork volumes - Volumes 1 & 2 contain substantive laws and commentary. The Arbitration and ADR volume, a specialist volume, contains detailed commentary to laws and international treaties relating to various forms of alternative dispute resolution. The Court Forms volume contains prescribed forms and practice forms.

The Hong Kong White Book 2018 is available in print, ProView eBook and on Westlaw Asia, intelligently connect your civil litigation work with our content, expertise and technology.

Clarity on the impact of the Arbitration (Amendment) Bill 2016, and the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016, passed in June 2017, in this practical guide endorsed by Geoffrey Ma GBM QC SC, the Chief Justice of the Hong Kong Court of Final Appeal.

The law comes into full effect on 8 July 2017.

First text to review and analyze this new Financial Institutions (Resolution) Ordinance (Cap.628) enacted because of the recent 2015 and 2016 amendments to the Securities and Futures Ordinance (Cap.571) allowing the Securities and Futures Commission as well as other financial authorities for the resolution of systemically important financial institutions in the banking, insurance, and securities and futures sectors, as well as certain financial market infrastructures, when a crisis occurs leading to the failure of that monetary fund in an orderly manner without taxpayer exposure to loss from solvency support, while also maintaining the continuity of their vital economic functions.

All 244 Sections and 8 Schedules of the Financial Institutions (Resolution) Ordinance (Cap.628) are reviewed and analyzed. This new text examines the new powers given to the Hong Kong Money Authority (“HKMA”), Insurance Authority (“IA”), and the Securities and Futures Commission (“SFC”) and how might they be applied to help and resolve the issues that arise when a financial institution fails, including the powers to:

(i) impose a write off or conversion of capital instruments issued by authorized financial institutions;

(ii) to resolve a holding company or group company of a within scope entity;and

(iii) to give effect to a resolution action taken by an overseas counterpart.

This is an essential text to all legal practitioners and regulators working in the commercial, financial, and companies sector, as well as all those working in the banking/finance industry, including accountants, money managers, investment brokers, etc.

ADDITIONAL USEFUL TOOLS PROVIDED IN THE TEXT:
1. I-Annex 3: Resolvability Assessments
2. I-Annex 4: Essential Elements of Recovery and Resolution Plans
3. Financial Institutions (Resolution) (Protected Arrangements) Regulation
4. Principles on Loss-absorbing and Recapitalisation Capacity of G-SIBs in Resolution – Total Loss-absorbing Capacity (TLAC) Term Sheet
5. Hong Kong Monetary Authority: Resolution Planning – Core Information Requirements

PROVIEW E-BOOK EXCLUSIVE CONTENT
1. Key Attributes of Effective Resolution Regimes for Financial Institutions
2. Regulations on Protected Arrangements: Consultation Paper

The only up-to-date authoritative guide in Hong Kong on Conflicts.

Company Law in Hong Kong – Practice and Procedure 2017 continues to highlight the operation of the new Companies Ordinance (Cap 622) two years after its enactment in Hong Kong.
 

The reliable and comprehensive authority on construction law and the dispute resolution process in Hong Kong

The authoritative reference work for Hong Kong contract law.

The second edition of Law and Justice in Hong Kong offers readers a fully updated account of the legal system of Hong Kong, the only common law jurisdiction in East Asia. Written in a lucid narrative style, it provides a clear explanation of the fundamental principles of Hong Kong law and legal procedure with reference to wider global and regional developments. It also explains the crucial role played by the rule of law in Hong Kong’s historic transition from a cluster of marginal fishing settlements into a leading international financial centre over the course of one and a half century.

Written by doctors and lawyers,the book is essential reading for practitioners in both professions who are concerned with the medico-legal aspects of beginning and end of life issues,as well as advances in medical research and technology and patients'''' rights and autonomy in law.

The Third Edition of Trademark Law in China provides a comprehensive analysis of China’s developing trademark laws including translations of the Chinese Intellectual Property and Trademark laws, related notices and regulations and cases decided by the Chinese Supreme People’s Court. 

THE ONE RESOURCE YOU’LL TURN TO FOR EVALUATING DAMAGES COVERING BOTH MULTIPLIER AND ACTUARIAL PRECEDENTS

Authored by Harney Westwood & Riegels and Harneys Bermuda Limited, one of Bermuda’s leading law firms, Bermuda Commercial Law is the authoritative reference for lawyers and other professionals who work frequently with offshore corporate structures and transactions.

The first comprehensive treatment of human rights covering its origins, contents and enforcement, with detailed discussions of the provisions of the ICCPR and the ICESCR and how they impact Hong Kong.

Justice Kemal Bokhary has had a distinguished legal career in Hong Kong, culminating in his appointment as one of the founding members of the Court of Final Appeal. His contribution to Hong Kong’s legal system, and the rule of law, is highly regarded, both by the legal profession and the wider community.

The only reference work on notarial practice in Hong Kong, covering amendments and revisions following the reform of notarial practice.

The first comprehensive guide that brings together applicable Hong Kong and English authority, so that the Hong Kong civil practitioner will, perhaps for the first time, have all the relevant law in one place in relation to documentary evidence.