Training & Knowledge: February 2017

23rd Feb 2017Newsletters

Hong Kong’s FCA Hand Shake

A landmark cooperation agreement has been forged between the UK’s Financial Conduct Authority and the Hong Kong Monetary Authority, which is set to enable collaboration and information sharing between the two regulatory authorities at a crucial juncture for financial regulation. Announcing the agreement on 7th December 2016, the FCA’s website suggested that the close ties […]

23rd Feb 2017Newsletters

Article 4 of the Bill of Rights – slavery and servitude

Governments and businesses across the world are increasingly expected to detect, report, and prevent incidences of forced labour and human trafficking. In the recent case of ZN v Secretary for Justice, Director of Immigration, Commissioner for Police and Commissioner for Labour HCAL 15/2015), the High Court decided that the HKSAR Government – perhaps like the […]

23rd Feb 2017Newsletters

HKSAR v Luk Kin Peter Joseph and another – an analysis

On 8 December 2016, the Hong Kong Court of Final Appeal (“the CFA”) gave judgment in HKSAR v Luk Kin Peter Joseph and Yu Oi Kee [FACC 6/2016]. The ruling clarified the meaning of “agent” and “other document” for the purposes of section 9 of the Prevention of Bribery Ordinance, Cap 201 (“POBO”).  The ruling […]

23rd Feb 2017Newsletters

Judicial interventions during a trial – the Dayaram appeal

In HKSAR v. Dayaram [2017] HKCA 27, the Court of Appeal considered whether the trial judge’s numerous interventions during witness testimony made the trial unfair. Nanik and Mahesh Dayaram, father and son, were convicted of 9 counts of conspiracy to defraud.  On the prosecution case, companies under their control purported to make loan applications to […]