Recently, the Hong Kong courts have considered two important issues for lenders relating to jurisdiction clauses in finance documents:

1. Should the Hong Kong courts dismiss a winding up or bankruptcy petition if the relevant finance document is subject to an exclusive jurisdiction clause (EJC) in favour of a foreign court?

2. Will the Hong Kong courts give effect to asymmetric jurisdiction clauses?

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Congratulations to Ian Chu who has been appointed as a panel member of the Insurance Appeals Tribunal, pursuant to section 2 of Schedule 10 to the Insurance Ordinance (Cap. 41) from 26 July 2021 to 25 July 2023.

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Congratulations to Kim Rooney who has recently been appointed for her second three-years term representing the HKSAR (China) as member of the ICC International Court of Arbitration.

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Kim Rooney’s article entitled “The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year “ has been published in the May 2021 issue of Dispute Resolution International, the IBA’s Journal for its contentious section. The Article is open source. Kim is the editor of Dispute Resolution International.

This is the second in Dispute Resolution International’s series of articles about the issues arising from the pandemic for global dispute resolution and jurisdictions’ evolving responses to the pandemic – the first was published in the October 2020 issue of the journal. It reviews an additional eight jurisdictions, provides updates for 11 jurisdictions reviewed in the October 2020 article and discusses emerging trends. Forty-six arbitration and litigation practitioners from 23 jurisdictions in Africa, the Asia-Pacific, Europe and the United Kingdom, Middle East North Africa and Turkey (MENAT), North America and South America have contributed to these two articles. Click here to read.

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Chambers is delighted to announce that Andrew Lynn has joined 5 Stone Buildings, a leading Chancery law chambers based in Lincoln’s Inn, London, as an Associate Member. Members of 5 Stone Buildings are highly regarded specialists in a wide variety of areas, including trusts law (both onshore and offshore), wills, estates and family provision, Court of Protection, art and cultural property, taxation, real property and landlord and tenant, pensions and charities. This development recognises and augments the thriving practices of our members in these areas.

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Andrew Lynn will be considering the principal duties imposed on trustees, addressing certain common misconceptions about trustee decision making, explaining the problems with the current state of the law, and providing practical guidance to trustees on decision-making good practice in the upcoming webinar organised by the Chinese University of Hong Kong as part of its Property Law Seminar Series.

The details are as follows:

• Date: 23 June 2021 (Wednesday)
• Time: 6:00 – 7:00 pm (HKT)
• Mode of delivery: Online via ZOOM
• Registration Deadline: 5:00 pm, 22 June 2021
• * CPD credit is available upon application and subject to accreditation by the Law Society of Hong Kong (currently pending)

Click here for further information and here to register.

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Stephen K Y Wong jointly contributed an article entitled “Mapping ethico-legal principles for the use of artificial intelligence in gastroenterology” with Professor Dr Joseph J Y Sung (former Vice-chancellor and Dean of Faculty of Medicine of the Chinese University of Hong Kong) and Professor Stewart of Sydney Law School.

The article, published in the Journal of Gastroenterology and Hepatology on 5 May 2021, examines the use of AI in gastroenterology, and outlines and discusses a number of relevant ethical and legal issues.  Much of the discussion is also relevant to the use of AI in other medical fields, and usefully lays the foundation for a principle-based approach to address issues relating to privacy and confidentiality, integrity, conflict of interest, etc.

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Upon being commissioned by the PRC Internet Information Office to do the Greater Bay Area cross-border data research report, Allen Yeung JP, Chairman of the Institute of Big Data Governance, met with Stephen K Y Wong, former Hong Kong Personal Data Privacy Commissioner to discuss.

收到网信办委托做大湾区的跨境数据研究报告后，大数据治理公会主席楊德斌太平紳士与原香港个人资料私穩专员黄继儿大律师讨论。

(This post was written by Stephen KW Wong; 此贴文由黄继儿大律师撰写)

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