A tram party was successfully held in the afternoon of 23 February 2019. Delegates and guests enjoyed the spectacular view of the Hong Kong on an open-top upper deck of an antique tram as it strolled leisurely along the track that extends from the nostalgic Western District through the contemporary financial area and shopping hubs of Hong Kong Island. They also enjoyed music, snacks and champagnes.

Please contact Mr. Willy Cheng or Ms. Lai Lam for any enquiries or further information about this event.

On 22-23 February 2019, delegates spent fruitful day workshop on “Winning International Pitches Process and Resources” delivered by guest speaker, Mr. John Timperley from The Results Consultancy.

Mr. Willy Cheng and Ms. Lai Lam presented a crystal display as a token of appreciation to Mr. John Timperley

Delegates spent a fruitful day with Mr. Timperley who shared his tips on writing a persuasive pitch document and delivering a persuasive pitch. Delegates were also split into groups to practice pitching techniques to win a new client. During the pitching exercise, delegates were also given the chance to share their own stories as leading legal practitioners in their own jurisdictions. At the end of the workshop, delegates gained better insights as to how to win new business.

Guests attended an exclusive dim-sum making class in the morning of 22 February 2019. During the class, guests learnt how to make traditional dim-sums such as har-gow (crystal prawn dumplings), siu-mai (dumplings with pork and shrimp) and fried spring rolls with the guidance of a dim-sum chef. Guests enjoyed this quintessential Hong Kong experience as dim-sum making has always been regarded as a unique cultural and culinary art celebrated in Asia.

The Closing Dinner was held at Peking Garden on 22 February 2019.

Before the Dinner commenced, Mr. Glenn Cunningham, Chair of Interlaw delivered a speech to thank the host firm, Stevenson, Wong & Co. for organizing such a successful event and also appreciated the generous hospitality of our firm. SW Partner Mr. Willy Cheng also delivered a speech to express his gratitude towards all delegates for their participation and contribution to the event. Mr. Cheng also shared his personal experience as managing partner of the firm, and hoped member firms could further strengthen their cooperation in the future. During the dinner, delegates and guests were served a traditional Chinese cuisine and enjoyed performances by a face changing artist, Chinese noodle making chef, whilst guests enjoyed the fun of hammering a Fortune Chicken.

Please contact Mr. Willy Cheng or Ms. Lai Lam for any enquiries or further information about this event.

The Tax Special Business Team (“Tax SBT”) shared insightful discussion on the topics “International Tax Trends in Global Mobility of Personnel and Development News on Digitalisation (“Digital Tax”)”. With the increasing demand of data support and IT services, legal practicioners are facing uncertainty and challenges in advising clients of potential tax obligations. Mr. Massimiliano Gazzo and Mr. Willy Cheng shared insightful comments and their own experience on handling Digital Tax enquiries. They also provided practical guidance and recommendation on how tax lawyers should handle any tax enquiries and concerns. Participants also shared the tax positions of their respective jurisdiction, which was helpful to participants who handle cross-border transactions. The Tax SBT offered a platform for in-depth discussion and facilitated participants to be more prepared for future challenges brought by digitalization.

Mr. Willy Cheng (SW)

The themes for the Arbitration Special Business Team (“Arbitration SBT”) and the Litigation Special Business Team (“Litigation SBT”) were “HKIAC, A Rising Arbitration Hub In Asia” and “An Era of Innovation: Global Recovery Strategies in Tackling Cybercrime” respectively. The two meetings were both chaired by SW Partner Ms. Heidi Chui.

Mr. David Fong and Ms. Heidi Chui (SW)

During the Arbitration SBT, guest speaker, Mr. David Fong, Vice-Chairman of Chartered Institute of Arbitrators (East Asia Branch) shared with delegates his insights of HKIAC as a rising arbitration hub in Asia.

Ms. Chui presented a crystal display as a token of appreciation to Mr. Fong.

During the Litigation SBT, guest speaker, Mr. Anson Wong SC of Des Voeux Chambers shared with delegates his practical strategies in tackling cybercrimes which have a connection with Hong Kong and the available remedies from the Hong Kong courts including a Bankers Trust Order for tracing purposes.

Ms. Chui presented a crystal display as a token of appreciation to Mr. Wong

During the roundtable discussions, all delegates were invited to share their arbitration experience and common remedies available for tackling cybercrimes in their home jurisdictions.

Both meetings were well received by delegates. Through sharing, member firms will have a better understanding of each firm’s capabilities so as to explore more opportunities for cooperation and communication in the future.

The Mergers & Acquisitions Special Business Team (“M&A SBT”) was chaired by SW Partner Mr. Rodney Teoh with the theme of “Trending Mergers & Acquisitions And Fintech”. Ms. Florence Ng, Mr. Spencer Li, the general manager of Blue Ocean Pay, and Mr. Henry Yu were invited as guest speakers. Ms. Ng shared her views on the relationship of fintech innovation with money, the financial markets, funding and infrastructure. Mr. Li introduced the use and trend of fintech technology around the globe. Delegates at the M&A SBT were invited to share their fintech experience in their jurisdictions. Mr. Yu gave an informative talk on virtual commodities (e.g. Bitcoin) and virtual assets (e.g. Cryptocurrencies, utility tokens and asset-backed tokens). Mr. Yu also introduced the requirements for a applying Type 7 license, which may allow professional investors to trade securities tokens.

Mr. Rodney Teoh (SW)

The Banking, Finance & Insolvency Special Business Team (“BFI SBT”) was chaired by Mr. Bill Jaimeson and co-chaired by SW Senior Associate Mr. Terence Lau. Other guest speakers included Mr. Carl Wegner, the managing director and head of Asia of R3, Mr. Henry Yu, Mr. Peter Woo, the Chief Strategist of eMALI.io, and Mr. Syren Johnstone, director of Keel Consulting and the executive director of the LLM (Compliance & Regulation) Programme at the Faculty of Law, University of Hong Kong. BFI SBT was also on Fintech/ Cryptocurrency but focusing on the regulatory side, in particular the current business practice of the industry, the concerns and needs of clients in this industry, the lack of regulation in this area, and the way forward.

The Joint Employment, Labor and Pensions and Tax Special Business Team was chaired by Massimiliano Gazzo and Stephanie Gilcher and co-chaired by SW Partner Mr. Willy Cheng and Senior Associate Ms. Hazel Wong with the theme of ““Global Mobility of Personnel”.

The Diversity, Inclusion and Community SBT (“DIC SBT”) was a great reminder to legal professionals of their duties to introduce initiatives to support persons with disabilities in their firms and companies. Ms. Silvia Mak, the Deputy Chief Executive Director of Fu Hong Society, shared cases and information in what employers and employees can do to facilitate and assist persons with disabilities to enter into their workforce. Delegates appreciated her sharing as well as her services to persons with disabilities. Mr. Brett Hearnden and Ms. Lai Lam, the chairman and co- chair of the DIC SBT, thereafter, led an interactive discussion with delegates with regard to this important topic.

Ms. Lai Lam and Mr. Brett Hearnden presented a crystal display as a token of appreciation to Silvia Mak

A cocktail party was held in Stevenson Wong & Co. office with champagnes, canapés and roasted pig.

Please contact Mr. Willy Cheng or Ms. Lai Lam for any enquiries or further information about this event.

Stevenson, Wong & Co. (“SW”) successfully hosted the Interlaw 2019 Asia Pacific Regional Meeting held in Hong Kong between 20 February and 23 February. The meeting was well attended attracting more than 40 delegates and guests from multiple jurisdictions.

The Welcome Cocktail Reception and Dinner was held at the Happy Valley Racecourse on 20 February 2019. SW Partners Mr. Willy Cheng, Ms. Lai Lam, Ms. Janice Chin, Ms. Heidi Chui, Ms. Sherlynn Chan, Mr. Stephen Wong, Mr. Rodney Teoh and Ms. Milly Hung, Senior Associates Mr. Terence Lau, Mr. Calvin Lo, Mr. Gordon Tsang and Mr. Karl Wong, legal executive Mr. Stanley Hung and other SW staff attended the dinner. Mr. Willy Cheng and Interlaw Chair Mr. Glenn Cunningham delivered their speeches to welcome all delegates and guests to the 2019 Asia Pacific Regional Meeting hosted by our firm. Delegates and guests tried their luck at this exciting mid-week race held at this world famous arena.

Mr. Willy Cheng, Partner of Stevenson, Wong & Co.

Mr. Glenn Cunningham, Chair of Interlaw

From left to right: Ms. Lai Lam (SW), Mr. Brett Hearnden (Delegate), Shafraz Khan (Delegate), Ms. Milly Hung (SW), Ms. Janice Chin (SW), Mr. Stephen Wong (SW) and Mr. Michael Siebold (Delegate)

From left to right: Mr. Dominique Blommaert (Delegate), Ms. Sherlynn Chan (SW) and Ms. Heidi Chui (SW)

Please contact Mr. Willy Cheng or Ms. Lai Lam for any enquiries or further information about this event.

On 15 February 2019, Stevenson, Wong & Co. Partners Ms. Heidi Chui, Mr. Stephen Wong & Mr. Rodney Teoh attended China Construction Bank (Asia) (“CCBA”) Chinese New Year Cocktail Reception held at CCB Tower. We were delighted to be invited to this social event hosted by CCBA and we look forward to maintaining our long-standing business relationship with them.

Please contact our Ms. Heidi Chui, Mr. Stephen Wong or Mr. Rodney Teoh for further information about this event.

(中文) 最高人民法院和香港特区政府于2019年1月18日签订了《关于内地与香港特别行政区法院相互认可和执行民商事案件判决的安排》(下称「《安排》」)，大幅度扩宽可在这两个独立司法管辖区相互认可和执行的民商事案件判决范围。

这是自香港回归祖国以来，香港与内地商签的第六份关于民商事事宜的相互司法协助安排以及第三份相互认可和执行民商事案件判决的安排，也是覆盖面最广、意义最为重大的一项安排。(1) 此《安排》标志着两地民商事领域司法协助已基本上全面覆盖，内地与香港将近九成的民商事判决可在两地法院得到互认及执行，大大减轻两地当事人重复诉讼之累，并进一步巩固香港作为一带一路争议解决中心的地位。

以下是《安排》的九大重点：

1. 生效判决

《安排》只适用于生效判决：在内地，是指依法不允许上诉或超过法定期限未有上诉的第一审判决，以及第二审判决；在香港，是指终审法院、高等法院上诉法庭及原讼法庭、区域法院、劳资审裁处、土地审裁处、小额钱债审裁处，以及竞争事务审裁处作出的已产生法律效力的判决。

2. 判决类型

《安排》将大部分两地生效判决均纳入适用范围：在内地，包括判决、裁定、调解书、支付令，但不包括保全裁定；在香港，包括判决、命令、判令、讼费评定证明书，但不包括禁诉令或临时济助命令。

3. 案件类型

《安排》采用了排除清单，即两地同属民商事纠纷的各类案件判决基本上已全部纳入互认范围，但以下案件类型暂不适用：破产（清盘）案件、部分婚姻家事案件、继承案件、部分专利侵权案件、部分海事海商案件、确定选民资格案件、与仲裁有关案件，以及认可和执行其他司法管辖区裁决的案件。

4. 金钱和非金钱判项

有别于以往安排，在新《安排》下，金钱和非金钱判项均可获得执行。

5. 财产给付范围

在新《安排》下，两地相互认可和执行的财产给付范围将包括判决确定的给付财产和相应利息、讼费、迟延履行金，以及迟延履行利息，但不包括税收或罚款。

6. 保全或强制措施

被请求认可和执行判决的法院在受理申请之前或之后，可依据被请求方法律规定采取保全或强制措施。

7. 原审法院的管辖权

《安排》不再保留以往「当事人协议」的要求，即协议各方无需约定合同争议解决条款中的专属管辖法院，而只需符合《安排》中规定的被请求方法院对原审法院管辖权之审查标准。

8. 拒绝认可和执行判决的理由

《安排》亦规定了在那些有限情况下不予认可和执行原审法院的判决，包括原审法院对有关诉讼的管辖不符规定标准、被申请人未经合法传唤或未获得合理的申辩机会、欺诈，以及明显违反香港或内地法律的基本原则、社会公共政策或社会公共利益。

9. 申请材料

申请认可和执行判决的当事人须向原审法院申请出具一份证明书，证明该判决属于生效判决并在原审法院地具有执行效力。如涉及的判决为缺席判决，申请认可和执行判决的当事人须向原审法院申请出具一份已经合法传唤被执行人的证明文件。

《安排》在香港将透过本地立法实施，并会在两地均完成相关实施程序后才于双方公布的日期起正式生效。《安排》将适用于《安排》生效日或之后所作出的判决。

现时，在香港仲裁的各方已受惠于两地相互执行仲裁裁决的安排。我们相信此项《安排》将进一步巩固香港作为一带一路争议解决中心的地位—就牵涉内地实体的争议，不论是通过诉讼或仲裁，香港必然是自然而合适的争议解决地。

(1) 前五份关于民商事事宜的相互司法协助安排分别为：相互送达司法文书的安排、相互执行仲裁裁决的安排、相互认可和执行当事人协议管辖民商事案件判决的安排、相互委托取证的安排，以及相互认可和执行婚姻家庭民事案件判决的安排。

若阁下想了解更多诉讼或争议解决等详情，请联络本所诉讼及争议排解部主管徐凯怡律师 heidichui.office@sw-hk.com。