The Hong Kong Chapter in the international succession law (4th edition) which was published in late August 2015 is authored by SW’s experienced private client practice practitioner, Ms Wendy Lam, partner.

The International Succession 4th edition is a joint enterprise between the general editors and the contributors providing an easy-to-use comparison of the rules of succession applicable to particular jurisdictions and to explain how these rules inter-relate with other jurisdictions at an international level.

The work provides a comprehensive analysis for succession issues of over 50 jurisdictions aiming to assist practitioners in dealing with complex cross border succession problems.

Please contact our Ms Wendy Lam for any queries or further information about her publication or the succession law in Hong Kong.

On 8 October 2015, our legal executives in our Banking Department, Mr. Man Wong and Ms. Connie Wu attended a ceremony celebrating the expansion of the Bank of Communications Wanchai Branch (the “BoComm Wanchai Branch”). Ms. Nancy Chan, Deputy Chief Executive of the Bank of Communications, also joined the event. The BoComm Wanchai branch has been established for more than 50 years and the expansion enables the bank to provide brand new banking services and experiences to customers.

Stevenson, Wong & Co. has a long term relationship and co-operation with the Bank of Communication.

Please contact our Mr. Eric Lui for any enquiries or further information about this event.

The case Hugo Boss Trademark v Britain Boss International Co Ltd [2015] 3 HKLRD 4 serves as a reminder to what the traditional common law approach of setting aside irregular default judgments as of right entails.

The Plaintiffs commenced legal action against a company and its sole director and shareholder (“the director”) for trademark infringement and passing off. The company’s registered address was identical to the director’s residential address provided in the company’s annual returns (“the address”). The Plaintiffs served the writ on both the Defendants at the address. In particular, the writ was served on the director at her “usual or last known address” pursuant to Order 10, rule 1(2) of the Rules of the High Court (Cap. 4A, Sub.Leg.). In fact, the director ordinarily resided in mainland China at the time of the service. The company’s office was shared with an unrelated company owned by its secretary, who would forward documents addressed to the Defendants to the director. However, while the writ of summons and summons for default judgment were served at the address in November 2013 and January 2014 respectively, the secretary did not forward these to the Defendants until March 2014. The Plaintiffs had already obtained default judgments against both the Defendants in January 2014 as a result of their failure to defend the action.

The default judgment against the director was set aside due to the irregularity in the service of the writ. The court reiterated that irregular judgments ought to be set aside “as of right”. Such, however, does not mean the court would ignore the circumstances surrounding the issues of the case; instead it indicates the court would not go into the actual merits of defense. The court therefore has a residual discretion to take the parties’ conduct into consideration in determining whether to exercise the right to set aside a default judgment.

In the present case case, the director was not within the jurisdiction at the time of service. Since Order 10, rule 1(2) only provides an alternative method of service to be effected on a defendant within the jurisdiction, the service was irregular. Although there was delay in making the setting aside application and it was doubtful whether the director really became aware of the proceedings as late as March 2014, such was insufficient for the court to exercise its residual discretion to refuse to set aside the irregular judgment.

The Hong Kong Chapter in The Aviation Law Review (Third Edition), which was published in September 2015, is authored by SW’s experienced aviation law practitioner, Mr Neville Watkins, partner.

The Chapter is an update of the previous edition published in July 2014, co-authored by Mr Watkins and Mr Simon Tong, assistant solicitor.

The Chapter provides an up-to-date review of the major legislation governing aviation activities in Hong Kong, such as the Civil Aviation Ordinance (Cap. 448), Aviation Security Ordinance (Cap.494) and the Airport Authority Ordinance (Cap.483) and also the impact on the manner of provision of services to consumers and restrictions on anti-competitive conduct in the aviation field brought about by the Trade Descriptions Ordinance (Cap.362) and the Competition Ordinance (Cap.619). The Chapter also looks at international conventions implemented in Hong Kong which enhances consumer protection.

Readers can gain a clear overview of aviation law in Hong Kong, including the regulatory framework, licensing of operations and aviation liabilities.

Please contact our Neville Watkins for any enquiries or further information about this news.

Official figures in the UK illustrated that from June 2013 to June 2014, 121,000 non-EU students entered the UK for studies but only 51,000 exited after completion ie. 70,000 have entered the country. A new regime was set to deprive non-EU college students of the right to work and the ability to apply for a visa extension when they complete the courses. Therefore, if students want to apply for a work visa to return to the country, they have to leave before they can do so. Whether this can create positive changes both to local people and foreign students can only be observed as time passes by.

[Source: http://www.dailymail.co.uk/news/article-3158012/Foreign-college-students-banned-working-forced-leave-UK-course-ends.html]

Non-EU migrants coming to the UK for more than six months are now required to pay a charge to the NHS (National Health Service) as part of their visa application. The charge is £150 for students per year for the duration of their course and £200 per year for all other types of application.

[Source: https://www.gov.uk/healthcare-immigration-application/overview]