Hogan Lovells (JD Supra Hong Kong)

Equity Capital Markets - The Stock Exchange of Hong Kong Limited (SEHK) publishes consultation paper on review of corporate governance code and related Listing Rules - SEHK published a consultation paper outlining proposed enhancements to the Corporate Governance Code and Corporate Governance Report (the Code), as well as related amendments to the Rules Governing the Listing of Securities

Hong Kong and the Mainland have agreed a new co-operation mechanism for cross-border insolvency. Under the agreement, liquidators from Hong Kong may apply to Mainland courts for recognition of insolvency proceedings in Hong Kong ...

The Stock Exchange of Hong Kong Limited (SEHK) seeks views on reforms to enhance listing regime for overseas issuers SEHK published a consultation paper, Listing Regime for Overseas Issuers, seeking public feedback on proposals to enhance and streamline the listing regime for overseas issuers... Please see full Publication below for more information.

The Stock Exchange of Hong Kong Limited (SEHK) publishes revised Listing e-Forms and guidelines for new applicants, Main Board (MB) issuers, and Growth Enterprise Market (GEM) issuers - The Listing e-Forms, which include checklists and forms, and guidelines are provided to assist MB, GEM issuers, and new applicants to comply with the Listing Rules and administrative procedures. Please see...

Mediation has sometimes been described as a bit like marriage counselling. The mediator, like a counsellor, is there to listen to and facilitate discussions between the two parties in an attempt to identify common ground and areas of compromise. Please see full Publication below for more information.

The court in Luk Wing Yan v. CMB Wing Lung Bank Ltd. [2021] HKCFI 279 found the defendant not liable for the actions of one of its employees who fraudulently offered investments which caused loss to the plaintiff. Please see full Publication below for more information.

As the world welcomes in the Year of the Ox, we take a look back at 10 recent decisions that made an impact in the past year. In the decisions, the courts considered fundamental issues such as when an arbitral award may be set aside on grounds of public policy, when the courts can step in to remove an arbitrator for apparent bias, and whether there was a valid arbitration agreement in the first...

After eight years of back-and-forth negotiations, Asia’s Regional Comprehensive Economic Partnership on Trade (RCEP), the world’s largest regional trade agreement, was signed in an online ceremony on 15 November 2020.

On 22 January 2021 the Association of Southeast Asian Nations (ASEAN) Digital Ministers' Meeting approved the ASEAN Data Management Framework (the DMF) and the Model Contractual Clauses for Cross Border Data Flows (the MCCs).

Where notice requirements are clear and unambiguous, those required to give notices should expect them to be strictly enforced. In the recent Court of Appeal decision Maeda Kensetsu Kogyo Kabushiki Kaisha v. Bauer Hong Kong Ltd. [2020] 5 HKLRD 328, a claim that was otherwise valid was disallowed by the court because the subcontractor's notice (which was submitted in time) failed to state the...

In response to the growing popularity in the use of external data storage for record-keeping, on 31 October 2019, the Hong Kong Securities and Futures Commission (SFC) issued a circular to licensed corporations (LCs) on the use of external electronic data storage providers

After eight years of negotiation, the Regional Comprehensive Economic Partnership on Trade (RCEP), the world's largest regional trade agreement, was signed in an online ceremony on 15 November 2020. The trade deal lowers tariffs, expands services trade, harmonizes rules of origin, and promotes regional trade. Please see full Publication below for more information.

It is not uncommon for companies exploring expansion or other ways of raising capital to engage financial advisers to provide a range of consultancy services, including the introduction of potential investors or deals of interest. Please see full Publication below for more information.

In another groundbreaking decision, the Hong Kong court in Re Ando Credit Ltd [2020] HKCFI 2775, has appointed provisional liquidators over a Hong Kong-incorporated investment manager for the express purpose of allowing the liquidators to seek recognition in the Mainland.

The Hong Kong Court of Appeal has allowed the proposed privatization of a Hong Kong listed company through a scheme of arrangement, overturning the decision of the Court of First Instance (CFI). Please see full Publication below for more information.

The Hong Kong government is proposing much-anticipated legislation for the introduction of a corporate rescue procedure and insolvent trading regime. Hong Kong has, for years, struggled to introduce a statutory corporate rescue procedure (CRP), having previously made unsuccessful attempts in 2000-2001, 2008-2009, and 2014.

In a recent High Court decision, the court rejected the plaintiff's application for a declaration that the defendant (a first layer recipient) held the total amount of three transfers that were mistakenly made by the plaintiff to the defendant on constructive trust for the plaintiff.

In a pair of recent contrasting judgments, Re Agritrade Resources Ltd [2020] HKCFI 1967 and Re Rare Earth Magnesium Technology Group Holdings Ltd [2020] HKCFI 2260, the Hong Kong Court has once again confirmed its pragmatic approach towards applications by foreign liquidators and provisional liquidators for recognition and assistance in Hong Kong. The judgments emphasize the importance of...

Hong Kong people may be well aware of complaints about renovation cartels in the market for some time, even before Hong Kong had its competition law. With the enforcement of competition law, it is hoped that such anti-competitive behavior will be addressed. Please see full Publication below for more information.

The NSL came into force in Hong Kong on 1 July 2020. - Some observers have expressed concern that the law will threaten Hong Kong's status as an international dispute resolution center. Of particular concern is the potential impact on commercial arbitrations with Chinese parties – some worry that arbitration decisions in Hong Kong will favor Chinese interests. Please see full Publication...

Through the unveiling of the Limited Partnership Fund (LPF) regime, Hong Kong makes clear its intention to join the Cayman Islands and Luxembourg as a viable alternative for Asia-focused asset managers seeking fund domicile.

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the winding-up of the BVI company in the high court of the BVI. Please see full Publication below for more information.

In a recent judgment, the Hong Kong Court reiterated the principles outlined in Kam Leung Sui Kwan v. Kam Kwan Lai [2015] 18 HKCFAR 501 (Yung Kee), the case concerning the famous roast goose restaurant in the heart of Hong Kong's Central district, when determining whether to exercise its discretion to wind up a foreign-incorporated company. In this case, the court also refused to grant a stay of

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the winding-up of the BVI company in the High Court of the BVI. Please see full Publication below for more information.

Equity Capital Markets - The Stock Exchange of Hong Kong Limited (SEHK) invites feedback on proposals to introduce a paperless listing & subscription regime, online display of documents, and reduction of the types of documents on display. Please see full Publication below for more information

The Singapore High Court has recently granted recognition to Hong Kong liquidation proceedings and liquidators for the first time under Singapore's enactment of the United Nations Commission on International Trade Law Model Law on Cross Border Insolvency (the model law). The model law, which was adopted by Singapore in May 2017 and first applied in the case of Re: Zetta Jet Pte Ltd1, is the...

On 14 July, the same day the president signed into law the Hong Kong Autonomy Act (the act), President Trump issued the Executive Order on Hong Kong Normalization (the EO) directing federal agencies to impose a range of trade and other restrictions on Hong Kong in response to China's new National Security Law. The administration has expressed concerns that the new National Security Law will...

On the evening of 30 June 2020, the Hong Kong Government gazetted the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) with the new law taking immediate effect that day. In addition, on 6 July 2020, the Chief Executive, in conjunction with the National Security Committee, exercised her powers under Article 43 of the...

On 18 June 2020 the HKEx announced plans to launch the HKEX Sustainable and Green Exchange (STAGE), a new information platform which will act as a central hub for data and information on sustainable and green finance investments in Asia. Please see full Publication for more information.

With the sharp rise in the number of natural and other large-scale catastrophic events in recent years and the challenges posed by climate change, the demand for innovative solutions in risk management is driving changes to the traditional reinsurance model. Insurance-linked securities (ILS) first came on the market around two decades ago and since then the market has grown rapidly, with global...