Stephen K Y Wong, former Hong Kong Privacy Commissioner for Personal Data, will share his insights with Anna Gamvros, Head of the Asia Data Protection, Privacy and Cybersecurity practice of Norton Rose Fulbright, to reflect on the developments in the fast evolving data privacy and cybersecurity landscape during his time in office, in a Webinar on 2 September 2020 at 3:00 pm (HKT/SGT). Register here to join the discussion.

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Enterprises with international and cross-border operations are justifiably concerned about the risk of winding-up proceedings being commenced, and winding-up orders made, in respect of companies outside their “home” jurisdictions, i.e. outside the jurisdictions in which they have been incorporated.  Given Hong Kong’s position as an international financial centre, the listing of foreign and Mainland Chinese companies on the Hong Kong Stock Exchange (HKEX), and the not uncommon use of offshore vehicles in complex trust and company structures, the matter is one of considerable practical significance for a wide range of actors. In a recent judgment, the Hong Kong Court of Appeal (CA) in Shandong Chenming Paper Holdings Ltd v Arjowiggins HKK 2 Ltd [2020] HKCA 670 (“Shandong Chenming”) has clarified the current state of the law (subject, of course, to any further potential appeal to the Hong Kong Court of Final Appeal (CFA)) in a decision that is likely to be of interest to international and cross-border businesses (and those advising them) at the same time as it raises certain intriguing questions.

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Gilt Chambers is pleased to welcome Stephen K.Y. Wong as a tenant after completing his term of appointment as Hong Kong’s Privacy Commissioner for Personal Data. From 1986 to 2007, Stephen was a legal counsel in the Department of Justice where he held various senior posts, including Assistant Director of Public Prosecutions and Deputy Solicitor General. He was involved in the legislative process of the Hong Kong Bill of Rights Ordinance (Cap.383), and subsequently worked with the United Nations Human Rights Committee in Geneva for one year until 1992. He also chaired the Working Group on the review of the Arbitration Ordinance (Cap.609) amended in 2011. He also served as the Secretary to the Law Reform Commission of Hong Kong. During his tenure as Privacy Commissioner, Stephen has made important contributions to the protection of personal data privacy both locally and internationally. We wish him every success in his practice at Gilt Chambers.

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Gilt Chambers is pleased to welcome David Lai as a tenant. David holds a BA (Hons) in Economics from the University of British Columbia, an LLM in International Corporate & Commercial Law from King’s College, London and an MSc in Taxation from St Hugh’s College, University of Oxford. He is a Fellow of the Chartered Institute of Arbitrators. Before joining the Hong Kong Bar, he was an accountant and university lecturer for many years. He practises in taxation and associated fields. He is also a Member of the Inland Revenue Board of Review and other statutory bodies. We wish him every success in his practice at Gilt Chambers.

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An urgent application was heard on 4 July 2020 before the Hon Mr Justice Coleman after which an Interim Injunction was granted prohibiting the Commissioner of Police from accessing mobile phones. Leave to apply for judicial review was also granted.

The Applicants, Martin Lee Chu Ming, Albert Ho Chun Yan, Sin Chung Kai, Au Nok Hin, and Yeung Sum were represented by Albert N B Wong  See SCMP report. Leave to apply for judicial review was also granted in relation to the following 4 Grounds:

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Commentary by Adrian Lo

In Sham Wing Kan v Commissioner of Police [2020] HKCA 186, the Court of Appeal (CA) delineated the circumstances and procedures under which a warrantless search of digital contents of a mobile phone could lawfully be conducted by law enforcement officer upon arresting a suspect.  The principle of requiring judicial warrants where “reasonably practicable” were argued by Dr Gerard McCoy SC and Albert N B Wong.

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Nicholas Cooney SC and Julian Cohen have both been named as being amongst the Leading Construction & Infrastructure Litigation Barristers in Hong Kong in the Doyle’s guide, 2020.

The Guide also recommends James Sherry for Criminal Law; Azan Marwah for Family and Divorce Law; and Nick Luxton for Maritime, Shipping and Transport Law.

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Andrew Lynn appeared for the Plaintiff, Roger Ver, in Ver, Roger Keith v OKEX Fintech Company (formerly known as Kind Castle Trading Company) and Xu, Ming Xing (徐明星) (HCA 2439/2016), in which the High Court of Hong Kong on 14 May 2020 dismissed an appeal by the 2nd Defendant, Xu Ming Xing (known as “Star Xu”), seeking to set aside leave to serve him out of the jurisdiction in Mainland China.

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