We acted for GX Foundation (“GX”), a charitable institution active in medical and public health humanitarian services in Cambodia, Laos and Djibouti Africa. We assisted GX on compliance on the corporate and statutory requirements and registration as a NGO in Djibouti.
We also assisted GX in implementing a strategy on development and protection of intellectual properties rights (“IPR”). Under such IPR strategy, we have successfully obtained copyright registration of the graphic design of GX logo in PRC and registrations of a series of trade marks for GX Foundation in Hong Kong, PRC, Cambodia, Laos and Djibouti.
This case is led by our Senior Partner Mr. Peter SIT and assisted by our Senior Associate, Ms. Waiyin CHUNG, our Associate, Ms. Carrie LI Jia and our Trainees, Ms. Priscilla CHEUNG Hiu Man and Ms. CORPUZ Angeline Nicole Martin.
Our firm acts for Mr. Leung Chun-ying, the Vice Chairman of the National Committee of the Chinese People's Political Consultative Conference in a defamation action against Mr. Chung Kim-Wah (the “1st Defendant”) in High Court Action No. 1993/2018 (the “Action”).
After negotiation, our client accepted the 1st Defendant’s offer to settle the Action. The 1st Defendant agreed to pay a settlement sum of HK$100,000 to our client and to publish a statement of clarification on his own social media platform. The said statement was published by the 1st Defendant on 5 March 2023 and can be downloaded below. By the consent of our client and the 1st Defendant, the Action against the 1st Defendant was discontinued on 8 March 2023.
This case is led by our Senior Partner Mr. Peter Sit, our litigation partner Mr. Alex Chan, and assisted by our Associate, Mr. Alan So.
Our firm attended the Pre-Trial Review hearing today for Mr. Leung Chun-ying, the Vice Chairman of the National Committee of the Chinese People's Political Consultative Conference in a defamation action against Best Pencil (Hong Kong) Limited operating as Stand News (the “Stand News”) in High Court Action No. 1993/2018 (the “Action”).
In the said hearing, The Honourable Madam Justice Au-Yeung took note of the factual circumstances including :-
As such, Her Ladyship considered that it would be appropriate and sensible to have the Action permanently stayed with no Order as to costs, and made such orders accordingly. The 15-day trial for the Action originally scheduled to commence on 7 August 2023 has been vacated.
This case is led by our Senior Partner Mr. Peter Sit, our litigation partner Mr. Alex Chan, and assisted by our Associate, Mr. Alan So.
We congratulate the following recipients of our long service awards this year:-
Mr. Tam Wai Choi Tommy, Partner (served for 35 years)
Mr. Lee Tung Kuen Trevor, Senior Associate (served for 30 years)
Their experience and excellence are valuable assets of our firm and deserve appreciation. Please see below a photo of the award session:-
Our firm acts for Mr. Leung Chun-ying, the Vice Chairman of the National Committee of the Chinese People's Political Consultative Conference and has successfully opposed an application taken out by the 1st Defendant, Mr. Chung Kim-wah (the “1st Defendant”) in High Court Action No. 1993/2018 (the “Action”).
The Court previously ordered that the Action would be tried with a jury and the 1st Defendant, as the party applying for a jury trial, should pay a jury deposit by 1 February 2021 in accordance with the《Jury Ordinance》(Cap. 3). However, the 1st Defendant applied to the Court by way of a Summons for an extension of the deadline to pay the jury deposit. The Honourable Madam Justice Au-Yeung handed down the decision on 23 December 2022 and the key points of her Decision are as follows :-
The Honourable Madam Justice Au-Yeung made an Order to dismiss the 1st Defendant’s application and ordered that the 1st Defendant shall pay costs to our client. The trial of this case would be heard by a judge without a jury.
This case is led by our Senior Partner Mr. Peter Sit, our litigation partner Mr. Alex Chan, and assisted by our Associate, Mr. Alan So.
Document Link and Download
Decision of The Honourable Madam Justice Au-Yeung handed down on 23 December 2022
Our Mr. Mathew Liu advocated in the Companies Court of the High Court of Hong Kong, and successfully applied for a Court Order pursuant to Section 42 of the Companies Ordinance (Cap. 622) for removing falsified documents wrongfully registered on the Companies Registry.
In his published written Decision, The Honourable Mr. Justice Harris noted the unusual circumstances in which the application arose, as it would appear from evidence that the 1st defendant had caused the documents to be filed for reasons which had not been explained. The learned Judge accepted Mr. Liu’s submission that this was an appropriate case in which to order that the documents which should never have been filed are removed from the Companies Registry.
Besides applications involving the Companies Registry, our Litigation Department has abundant experience in a wide range of cases before the Companies Court, e.g. winding-up and bankruptcy petitions, liquidators’ applications and board room disputes. While working closely with Senior Counsel and Counsel, our litigators are always ready to stand on our own feet before the Court to make written and oral substantive submissions in appropriate cases.
This case is assisted by our Trainee Solicitor Ms. Shirley Yu.
Our firm has been appointed to act as the panel firm of solicitors for the Protection of Wages on Insolvency Fund Board (“Fund Board”) and applicants of Protection of Wages on Insolvency Fund (“Fund”), in matters relating to the taking out of winding-up or bankruptcy proceedings against employers.
The Fund Board was established as a statutory body under the Protection of Wages on Insolvency Ordinance (Cap. 380 of the Laws of Hong Kong) (“Ordinance”), to administer the Fund and to perform its duties and functions under the Ordinance. The Fund serves as a safety net for employees in the event of closure of business of their insolvent employers by providing them with timely financial relief in the form of ex gratia payment. In the Policy Address 2022, the Chief Executive calls for improvement of labour rights by enhancing the procedures of the Fund, including providing legal services by the Fund to assist employees in filing winding-up or bankruptcy petitions against insolvent employers, so as to expedite the disbursement of ex-gratia payment to affected employees.
Our litigation department, led by our Partner Mr. Roy Leung for the present engagement, has abundant experience in both winding-up and bankruptcy proceedings and employment disputes. We are sincerely dedicated to contributing our professional legal knowledge to society in safeguarding employment rights together.
Our firm is glad to have participated in the pilot run of the integrated Court Case Management System (“iCMS”) system for use on Magistrates' Courts ("MCs") summons cases between July and August 2022. We have further been given to understand that, given the successful pilot run, the Judiciary plans to roll out the iCMS for real-life use on MCs summons cases by the end of 2022. Our firm will continue to actively engage in the use of new technologies in case management and provide feedback with the relevant public bodies. Our partner Mr. Sidney Ho, our associates Mr. Mathew Liu, Ms. Theresa Law and Ms. Winnie Hui in the litigation department participated in the said pilot run.
We are pleased to announce that Hainan International Arbitration Court (“HIAC”) officially announced on 17 September 2022 that the List of Additional Arbitrators to be Appointed by HIAC in 2022 has been deliberated and approved. Our partner Mr. Roy Leung has been appointed as an arbitrator by HIAC and has been listed in the Hainan International Arbitration Court (Hainan Arbitration Commission) Panel of Arbitrators.
HIAC is an international commercial arbitration institution established and revamped by Provincial People's government of Hainan to adapt the construction of Hainan free trade port with Chinese characteristics. More than 1,000 arbitrators have been empaneled by the HIAC after careful scrutiny and selection, nearly one third of which are overseas arbitrators, and they are located in 38 countries and regions around the world, covering all the main jurisdictions. It is our firm’s honour that Mr. Roy Leung has been appointed as one of the panel arbitrators.
Including Mr. Roy Leung, the Litigation Department of our firm has vast experiences in handling local and international arbitrations. In particular, our firm’s Consultant, Ms. Sylvia Siu, JP, is also a recognized arbitrator in various places in Mainland China. Complementing the opportunities brought by the Belt and Road Initiative strategy, the National 14th Five-Year Plan and the development of the Greater Bay Area, our firm is ready to provide quality legal services on arbitration to our clients to protect their interests.
For the announcement, please refer to : https://en.hnac.org.cn/article/107/29.html
Our firm has filed an Originating Notice of Application with the Competition Tribunal to bring the first case on resale price maintenance in Hong Kong since the Competition Ordinance came into full effect on 14 December 2015.
For details, please see:
https://www.compcomm.hk/en/media/press/files/Resale_Price_Maintenance_PR_EN.pdf.
This case is led by our Partner, Mr. Tommy Tam, and assisted by our Associates, Ms. Jenny Wong and Miss Koey Wong and our trainee solicitor Miss Crystal Yip.
We are pleased to announce that our Senior Partner Peter Sit, Partner Joseph Wong and Associate Jenny Wong passed the second Guangdong-Hong Kong-Macao Greater Bay Area (GBA) Legal Professional Examination held on 11 June 2022. They will have to complete the training and pass the interview assessment before they will be allowed to obtain the relevant lawyer’s practice certificate and provide Mainland legal services in the nine Mainland municipalities in GBA on specified civil and commercial matters (including contentious and non-contentious matters) to which Mainland laws apply.
Our firm has acted for Mr. Lee Ka Chiu John in an application for relief from the Court under section 88 of the Electoral Procedure (Chief Executive Election) Regulation (Cap. 541J) in relation to the submission of three Consent of Support Forms for the 2022 Chief Executive Election.
After considering the written and oral submissions, The Honourable Madam Justice Au-Yeung is satisfied from the explanation that this is not a case where someone turned a blind eye to legal requirements, and that the whole course of conduct suggests that the non-compliance was purely out of inadvertence in the midst of heavy workload, tight timeframes, limited manpower and lack of communication with no bad faith involved. As such, Her Ladyship considers it just to grant the relief sought.
This case is led by our Senior Partner, Mr. Peter Sit, and assisted by our Associate, Mr. Alan So.
