
We are acting for the Sun Hung Kai Properties in the sale of residential units in “The Wings IIIA (天晉IIIA)”. The project is led by our partner Ms. Margaret Choi and handled by our conveyancing team. “The Wings IIIA (天晉IIIA)” has been the largest first hand sales residential project handled by our firm since the commencement of Residential Properties (First-Hand Sales) Ordinance (Cap.621). “The Wings IIIA (天晉IIIA)”provides a total of 960 units and our firm is responsible for handling around 480 of them.
The last quarter has seen a flurry of activities both in Hong Kong and overseas to promote our practices of intellectual property (IP) and alternate dispute resolution (ADR) with Hong Kong as the international hub in Asia
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During the 2-Day Mediation Conference (jointly organized by the Department of Justice and the Hong Kong Trade Development Council) held in Hong Kong on 20th and 21st March 2014, Senior Partner C. K. Kwong spoke at the breakout session of the Conference entitled “Advantages of using mediation to resolve complex financial and commercial disputes” with some distinguished panelists (including the Honorable Madam Justice Bergin, Chief Judge in Equity, Supreme Court of NSW, Australia, Ms. Teresa Cheng, Chairman of the HKIAC and Mr. Karl Mackie, CE of CEDR, UK). CK’s presentation was dedicated to how mediation could be utilized to resolve IP disputes which was well received by over 300 participants [see PowerPoint]. Our consultant, Sylvia Siu, also took part as a Moderator of the breakout session on “Mediation in the Business sector: Commercial/Insurance/Finance”. Following case studies, the audience was offered practical tips in mediation.
The 33rd Plenary Session of the Hong Kong/Japan Business Cooperation Committees (HK-JBCC) Meeting was held in Tokyo on 25th March 2014 when C. K. was invited as a special advisor to accompany the Hong Kong team. The delegation also met with the Governor of Tokyo. C.K. advocated Hong Kong’s role as an IP trading hub and ADR hub as well as the use of a Hong Kong company as special purpose vehicle by Japanese companies for their business ventures and licensing activities in Asia. The JBCC is a high level business to business forum between business leaders of the two territories.
In April, the CEO of the International Trademark Association (INTA) visited our office to meet with C. K. Kwong (in his capacity as President of the Asian Patent Attorneys Association “APAA”) to discuss matters of mutual interests towards the common goal of furthering the objects of the two associations. [see photo] The meeting took place as a pre-meeting in anticipation of the mega meeting to be held by INTA in Hong Kong in the following month (being the first INTA Conference held in Asia).
In May, C. K. Kwong attended the INTA Annual Meeting in Hong Kong from 10th to 14th May upon the invitation of INTA and met with their President, Mei-lan Stark. The Conference was attended by over 8,500 IP owners and IP practitioners from 140 countries. At the Hong Kong Reception hosted by HKTDC, CK was interviewed by the camera crew of HKTDC when he advocated Hong Kong’s role as an international premium IP hub at the heart of Asia and the use of Hong Kong limited company for holding and managing IP rights [the event was covered extensively in the CHINA DAILY ASIA WEEKLY MAY 23 - 29, 2014 issue].
[see the link]
SFKS was honoured to host the annual ILN (International Lawyers Network) IP (Intellectual Property) Luncheon at the Hong Kong Jockey Club on 13th May 2014 when fellow ILN IP colleagues from the US (Howard & Howard, Detroit and Cooper Dunham, New York), Australia (Gadens), Thailand (Dej-Udom & Associates Ltd.), Oslo (Bryn Aarflot), London (Fladgate LLP), Warsaw (Kochanski Zieba Rapala and Partners) and Canada (Fogler Rubinoff LLP) attended. It was a cozy luncheon when everyone shared their professional experiences in a cozy atmosphere over a delightful meal. [see photos]
A dinner reception was hosted by our firm at the Hong Kong Bankers Club on 13th May when over 50 guests comprising important officers of the APAA and close associates of the firm were invited. In addition to enjoying a wonderful evening, each guest was given a USB (housed in blue China porcelain casing) containing information on our firm and on (1) what makes Hong Kong it is today, (2) Hong Kong as an ADR/IP hub, (3) Hong Kong IP system and (4) the advantages of using a Hong Kong company as special purpose vehicle to complement their pleasant memories of Hong Kong. The members of the SFKS IP team demonstrated their hospitality to our guests and their teamwork in organizing this successful event [see photos].
On the invitation of the Licensing Executive Society International (LESI), C. K. attended their International Conference in Moscow from 18th to 21st May 2014. The theme of the conference was “Make the world better through licensing”. The firm’s associates in Moscow were visited to reassure our relationship in addition to development of new contacts with members of the LESI.
On 29th May 2014, CK spoke in Beijing at the 中國香港服務貿易洽談會主題論壇 on “企業 [走出去] 常見的知識產權爭議和策略” when over 300 participants from the industry and profession in China attended with enthusiasm [see PowerPoint].
Our litigation team comprising Peter Sit (senior partner), Alex Chan (partner), Rocky Wong (senior associate), Alan Wong (associate) and three trainee solicitors, Josephine Tang, Regina Ng and Christina Tsang acts for one of the five defendants in what is reputed as the biggest corruption case in the history of Hong Kong. The first defendant in the case is Mr Rafael Hui (not our client), the former Chief Secretary of Hong Kong from 30 June 2005 to 30 June 2007. Hearing started in the High Court of Hong Kong on 8 May 2014. The first two weeks had been taken up by pretrial applications. On 26 May, a jury was empanelled, only to be discharged on 28 May. A new jury panel of nine is expected to be chosen on 4 June 2014.
Our partners Roy Leung and Joseph Wong, leading our associate solicitors Sidney Ho, Caddy Mo as well as our trainee solicitor Sharon Pang, have been representing a client in a shareholders’ dispute concerning a BVI investment-holding company and a substantial hotel project in the PRC. Through our seamless collaboration with London Queen’s Counsel and BVI lawyers, we have successfully resisted the claimant’s application for interim relief of receivership and extensive injunction, causing the claimant to have the application dismissed. The BVI Court also made a ruling in mid-February for costs against the claimant for the failed application.
On 23 December 2013, Alex Chan, Partner (20 years), Ray Cheng, Senior Associate (10 years), Leung Wing Fai, head of Conveyancing & Probate Department (25 years), Law Shiu Chong, China Practice Group Officer (25 years) and Leanne Ching, Secretary (10 years), received their long service certificates and awards from the senior partners of the firm.
See photos taken on the occasion.
The 3rd Business of IP Asia Forum, organized by Hong Kong SAR Government and the Hong Kong Trade Development Council and the Design Center was successfully held in Hong Kong on 5th to 6th December 2013 with 1,800 participants from all over the world. These participants include IP owners, buyers and sellers, R&D professionals, finance and legal intermediaries, industrial associations and design and technology practitioners with focus on the trade aspects of IP.
Mr. Kwong was a Moderator of the breakout session entitled “Patent Troll and IP Bullying”, a popular session which enjoyed a full house with over 300 attendees on the theme of the use, abuse of IP rights and getting the right balance.
Mr. Kwong was interviewed before and during the Forum by leading IP magazines in Europe and Asia in his respective capacities as President of the Asian Patent Attorneys Association (“APAA”) and Convenor of the Arbitration and Mediation Sub-group of the Working Group of Promoting Hong Kong as a Premier IP Trading Hub.
This followed the successful completion of the 62nd Council Meeting of the APAA in Hanoi from 19th to 22nd October 2013, being the first conference overseen by Mr. Kwong as President of that Association. The meeting was attended by over 1,600 members and observers from over 70 jurisdictions within and outside Asia comprising IP practitioners in private practice.
Our associate Norman Y. Tao was invited by the Hong Kong Trade Development Council to deliver a speech on “Listing of Mainland Enterprises in Hong Kong: from a Legal Perspective” to entrepreneurs and government officials of Yinchuan during the Yinchuan – Hong Kong Financial Services Cooperation Conference co-organised by the Hong Kong Trade Development Council, the Economic and Technical Cooperation Bureau of Yinchuan, Ningxia Hui Autonomous Region and Federation of Industry and Commerce of Yinchuan, Ningxia Hui Autonomous Region. The speech briefly addressed the important issues and recent development of relevant policies for listing of Mainland private-owned enterprises in Hong Kong. Mr. Ma Qiang of our Xi’an Representative Office also attended the Conference.
After the Conference, Mr. Ma and Mr. Tao visited Ningxia Eppen Biotech Co., Ltd. and Ningxia Zhongyin Cashmere Co., Ltd. together with the officials of Hong Kong Trade Development Council and Yinchuan government agencies, and had a discussion with the senior management of the enterprises and the government officials of the city of Lingwu, Ningxia where the enterprises are located.
A specialist roundtable meeting was chaired by Senior Partner C. K. Kwong on 8th October 2013 in his capacity as Convenor of the Sub-Group on IP arbitration and mediation in the Hong Kong Government Working Group on IP Trading. The meeting centered on how IP arbitration and mediation could be further promoted to strengthen Hong Kong’s positive as an IP trading hub. It was attended by members of the Working Group, leaders and senior members of the profession including the Hong Kong Law Society, Hong Kong Bar Association, Hong Kong International Arbitration Centre, China International Economic and Trade Arbitration Commission (Hong Kong Arbitration Centre), Hong Kong Institute of Arbitrators, Chartered Institute of Arbitrators (East Asia Branch), Hong Kong Mediation Accreditation Association Limited, Hong Kong Mediation Centre as well as representatives from the Department of Justice, Commerce and Economic Development Bureau and Intellectual Property Department.
Useful ideas were put forward at the meeting which will be included in the Sub-Group’s report to the Working Group on IP trading in November.
Senior Partner C.K. Kwong was appointed as a member of the Working Group on Intellectual Property Trading in March 2013. The Terms of Reference of this Working Group (lead by Hong Kong Government Secretary for Commerce and Economic Development Bureau – CEDB) are (a) to advise on the overall strategies to promote the development of Hong Kong as an intellectual property trading hub; and (b) to identify possible policy and other support measures to facilitate intellectual property trading in Hong Kong.
As Convenor of its sub-group on IP arbitration and mediation, Senior Partner C. K. Kwong was invited to speak on “IP Arbitration and Mediation” at the Government briefing session on “Promoting the development of Hong Kong as an Intellectual Property (IP) trading hub” on 18th September 2013.
His power point presentation can be found at the following links of the Government CEDB website:-
(b) http://www.info.gov.hk/gia/general/201309/18/P201309180573_photo_1058649.htm
The presentation was followed by enthusiastic discussions with the audience. A further briefing to interested professional bodies is scheduled on 8th October 2013.
In his capacity as the President of the Asian Patent Attorneys Association (APAA), C. K. Kwong attended the 5th Global IP Summit (a network of national IP practitioners associations) on 4th September 2013 which was followed by the International Association for the Protection of Intellectual Property (AIPPI) Forum & ExCo Meeting from 5th to 8th September, in Helsinki, Finland. AIPPI’s current membership consists of about 9,000 members from more than 100 countries with 64 National Groups with the lawyers, patent and trademark agents/attorneys and representatives from industrial corporations as well as judges, academics, scientists and engineers.
Hot issues including (a) patent law harmonization, (b) law firm payment problems, (c) client/attorney privilege and (d) the latest IP development in Europe (the Unitary patent and Unified Patent Court System) were discussed.
This is to inform you that Mr. Shum Man Wai(岑文偉)will retire from the Partnership on 1st September 2013. We wish to thank Mr. Shum for his tremendous contributions to the firm in the past 25 years.
Partner of Beijing Zhongyin Law Firm (Shenzhen), Mr. Li Xianghong, and its lawyer, Mr. Liu Songru, visited our office on 19 July 2013 to meet our Senior Partners, Peter K.P. Sit and C.K. Kwong; our associate, Norman Y. Tao, also attended the meeting. Our Senior Partners and the guests had a frank exchange of ideas on the future prospects of Qianhai area in Shenzhen.