On 8 March 2022, our Partner, Mr. Gordon Tsang, was invited to join Roma Group Limited to provide Environmental Social Governance (ESG) and Anti-corruption Training to Bright Smart Securities & Commodities Group Limited (Bright Smart). The webinar covered the latest ESG Reporting Guide and successfully attracted over 40 participants, including directors, senior management, and other employees.

Our Partner Mr. Gordon Tsang

Mr. Tsang analysed how directors of listed companies can ensure anti-corruption through governance of personal and corporate responsibility and non-executive directors’ responsibilities. He further explained the key points of the guidelines disclosed in the ESG report and used case studies to enhance the understanding of ESG.

Although the training was delivered via a webinar, Mr. Tsang was still able to conclude the interactive online course by answering the floor’s questions.

For more information, please contact our Partner Mr. Gordon Tsang.

We acted for the Defendant (“the Mother”) who obtained a Hadkinson Order to the effect that the appeal lodged by the Plaintiff (“the Father”) be stayed until the Father complies with two prior orders made in the Family Court in relation to financial provision for the child (“the Prior Orders”).

What is a Hadkinson Order?

A Hadkinson Order is an order by which a court may in its discretion refuse to hear a party to a cause, who has disobeyed an order of the court until that party has purged his/her contempt.

Legal Principles

The Court adopted the following formulation of the conditions for a Hadkinson Order:

(1) the respondent to the application is in contempt;

(2) the contempt is deliberate and continuing;

(3) as a result, there is an impediment to the course of justice;

(4) there is no other realistic and effective remedy; and

(5) the order is proportionate to the problem and goes no further than necessary to remedy it.

Court’s Decision

Applying the principles, the Court held that the Father was in contempt by breaching the Prior Orders and the contempt was deliberate and continuing.  The Father’s breach impeded the course of justice and obstructed the exercise of the Court’s power over the child who was a ward of the Court.  In addition, the Mother had no other effective means to secure compliance except to rely on a Hadkinson Order.

The Court ordered that unless the Father has complied with the Prior Orders and paid the outstanding sums, the Father’s Notice of Appeal and Summons to adduce fresh evidence for the appeal shall not be heard.  These conditions were proportionate and no stronger than what is needed to remove the impediment to justice.

This article is co-authored by our experienced SW Private Team –Partners Catherine Por, Wendy Lam, and Senior Associate Karl Wong. Please contact Catherine Por, Wendy Lam or Karl Wong for any further enquiries or information.

This newsletter is for information purposes only. Its content does not constitute legal advice and should not be treated as such. Stevenson, Wong & Co. will not be liable to you in respect of any special, indirect or consequential loss or damage.

(中文) 2022年3月9日，本所合伙人、银行及金融部和诉讼及争议解决部主管徐凯怡律师，获香港律师会及马德里律师会邀请，为其合办之 “在香港和西班牙营商” 网络研讨会担任演讲嘉宾。本次研讨会采用英语和西班牙语同声传译，吸引了超过百余名来自不同司法管辖区的人士参加。

本所合伙人徐凯怡律师 

香港律师会会长陈泽铭律师、马德里律师会会长Mr. José María Alonso Puig、香港律师会副会长黎雅明律师和马德里律师会代表Ms. María Segimón出席了是次活动，并向与会者致辞。徐律师在会上详细解释了香港的进出口管制措施和《消费品安全条例》，并介绍了《内地与香港关于建立更紧密经贸关系的安排》(CEPA) 所带来的便利和香港海关的相关执法工作。此外，徐律师亦阐释了香港的竞争法，提醒与会者在香港营商的注意事项。

香港律师会会长陈泽铭律师 (第二排第三)、马德里律师会会长Mr. José María Alonso Puig (第二排左一) 、香港律师会副会长黎雅明律师 (上排右一) 和马德里律师会代表Ms. María Segimón (第二排左二)

与会者对本次网上研讨给予一致好评，并积极向演讲嘉宾提出发问。

如阁下有任何查询或想了解更多详情，请联络本所徐凯怡律师。

Introduction

In May 2021, a cooperation mechanism between Hong Kong and the Mainland on recognition of and assistance to cross border insolvency proceedings (“Cooperation Mechanism”) was implemented. “The Supreme People’s Court’s Opinion on Taking Forward a Pilot Measure in relation to the Recognition of and Assistance to Insolvency Proceedings in the Hong Kong Special Administrative Region” (“SPC Opinion”) was further issued to facilitate the implementation of the Cooperation Mechanism.
Recently on 25 January 2022, in the landmark decision of (2021) 粤03认港破1号, the Shenzhen Intermediate People’s Court (“Shenzhen Court”) approved the first ever application for recognition of and assistance to Hong Kong insolvency proceedings.

Brief facts
Samson Paper Company Limited (“Company”) was incorporated in Hong Kong and went into creditors’ voluntary liquidation in August 2021. The Company had substantial assets in the Mainland including Shenzhen.
In order to deal with the Company’s assets in the Mainland, the liquidators – pursuant to the SPC Opinion – applied to the High Court of Hong Kong for issuing a letter of request to the Shenzhen Court for recognising and assisting the liquidators. The application was granted in Re Samson Paper Co Ltd [2021] HKCFI 2151 in Hong Kong and the letter of request was accordingly issued to the Shenzhen Court.

The Shenzhen Court’s decision

The Shenzhen Court first considered the issue of jurisdiction and held that it had jurisdiction over the application because Shenzhen was the Company’s main location of assets in the Mainland.
The Shenzhen Court then acceded to the letter of request, recognising both the Hong Kong insolvency proceedings of the Company and the status of its liquidators.

Takeaway points
With this first ever case where a Mainland court recognised and assisted liquidators appointed by the Hong Kong High Court, given the close business connections between Hong Kong and Mainland, it is expected that a growing number of applications by Hong Kong liquidators for recognition and assistance in the Mainland Courts under the Cooperation Mechanism will be seen in the future.

Our Hung’s litigation team is equipped to assist clients in applying to the High Court of Hong Kong, through our association with AllBright Law Offices, to obtain the recognition of and assistance to Hong Kong insolvency proceedings in the Mainland Courts.

Please contact our Partner, Ms Milly Hung, or Senior Associate, Mr Michael Lau, for any enquiries or further information.

This article is for information purposes only. Its content does not constitute legal advice and should not be treated as such. Stevenson, Wong & Co. will not be liable to you in respect of any special, indirect or consequential loss or damage.

Between 22 to 25 February 2022, our firm’s Partners Willy Cheng, Lai Lam, Heidi Chui, and Milly Hung, together with our Senior Associate Michael Lau, participated as speakers and panelists at Interlaw’s 2022 Virtual Asia Pacific Regional Meeting, titled “Together, We Work”, which attracted more than 500 delegates around the globe.

• Willy Cheng – Homeward Bound? A News Direction for Tax Policy
• Heidi Chui – Arbitration on the Ascendancy: A New Perspective on Disputes
• Milly Hung and Michael Lau – Digitalization and Disputes
• Lai Lam – Creating an Inclusive Workplace at a Distance

22 February 2022 | Partner Willy Cheng- Homeward Bound? A News Direction for Tax Policy

Mr. Cheng’s sharing at the tax panel discussion delved into the impact of COVID and the shift from globalisation to the domestic front- moving production onshore. He discussed the growing need for businesses to restructure given current and future tax policies and mentioned Hong Kong’s tax exemptions during COVID. In particular, how corporate and individuals need to adapt to these pressing times on a global and national scale.

Our Partner Willy Cheng (Top right)

22 February 2022 | Partner Heidi Chui- Arbitration on the Ascendancy: A New Perspective on Disputes

With new arbitration institutions opening across the region, the popularity of arbitration in Asia continues to rise. Ms. Chui joined the expert panel and discussed the drivers behind the trend and how it reshapes business disputes’ culture.

Our Partner Heidi Chui (Bottom right)

23 February 2022 | Partner Milly Hung and Senior Associate Michael Lau- Digitalization and Disputes

This expert panel explored technology solutions across jurisdictions so as to stay ahead and be the strongest to support clients in the new era for disputes. Ms. Hung and Mr. Lau shed light on topics including cyber security, cyber risk management, and shared their experiences in recovering loss in cyber fraud. They also explained the latest development of the “Letter of No Consent Regime” for cybercrime and money laundering in Hong Kong.

Our Partner Milly Hung (Top left) and Senior Associate Michael Lau (Top middle)

24 February 2022 | Partner Lai Lam- Creating an Inclusive Workplace at a Distance

As the Vice-Chair of Interlaw Diversity, Inclusion and Community (Asia Pacific), Ms. Lam took part in a discussion on shifting attitudes to working patterns. The panel also explored how leaders can establish effective working models that improve inclusivity in the new-era hybrid workplace with learning and development, recognition and promotion.

Our Partner Lai Lam (Second row in the middle)

Please contact our Partners Willy Cheng, Lai Lam, Heidi Chui or Milly Hung for further enquiries about this event.

The Quality Migrant Admission Scheme (“QMAS”) is a points based admission scheme for global talents to apply to settle in Hong Kong without first securing a job offer as normally required in work visa application. The scheme was first introduced in February 2006 with an initial quota of 1,000 applicants.

Following the announcement of the Chief Executive’s 2021 Policy Address, the Hong Kong Government has decided to double the annual quota of the QMAS in 2020 to 4,000 entrants. The objective is to attract more talents to come to Hong Kong and to increase Hong Kong’s economic competitiveness. With the introduction of more professional categories, it is expected that Hong Kong will welcome an influx of applications from different sectors. The Talents List was first drawn up in 2018 and now the list covers 13 professions. The latest addition includes professionals in asset management, and environmental, social and governance. Further, individuals from medical and healthcare sciences, microelectronics, integrated circuit design and arts technology, and the disputes resolution/transaction law industries are also now eligible to apply under the QMAS. Potential entrants from other industries and sectors not covered by the Talent List are still welcome to apply as long as they meet the respective eligibility criteria.

The Immigration Department will prioritise the applications of applicants undertaking research and development work under the Technology Talent Admission Scheme (TechTAS). With the expansion of professional categories under the QMAS, it is expected that the Immigration Department may also provide a fast-track arrangement for eligible individuals to work in Hong Kong.

Certain countries have introduced schemes to attract immigrants from Hong Kong. This no doubt posts a threat to Hong Kong on outflow of talents. The significant increase in the Talents quota to a large extent reveals the Hong Kong Government’s effort to counter that threat. Hong Kong has experienced different challenges in recent years. With the strong resilience of Hong Kong people, Hong Kong usually recovers fast from difficult times. Interested candidates with relevant skills and talents should seize this good opportunity to seriously consider coming to Hong Kong to pursue their career dreams.

Our Immigration Team are on standby to help interested applicants understand the requirements and walk through the application process. Please contact our Partner Willy Cheng or Paralegal Arial Ng (arial.ng@sw-hk.com) for any further enquiries or information.

This newsletter is for information purposes only. Its content does not constitute legal advice and should not be treated as such. Stevenson, Wong & Co. will not be liable to you in respect of any special, indirect or consequential loss or damage arising from or in connection with any decision made, action or inaction taken in reliance on the information set out herein.