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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Dr Christopher To in his interview with the Hong Kong Lawyer Magazine discusses his role as chairman of the Hong Kong Institute of Directors as well as other aspects of his career.

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

The Guide also recommends Nick Luxton for Maritime, Shipping and Transport Law.

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It is with heavy hearts Gilt Chambers announces the death of Dr Gerard “Gerry” McCoy SC on Tuesday 28th April 2020.

To say it is a great loss would be an understatement. Gerry was our guiding force as Head of Chambers, our friend, and our family. It has given us comfort to have read and received so many wonderful tributes about Gerry and the impact he had on the legal profession of Hong Kong. We sincerely thank everyone who has passed on their respects.

The stories we’ve shared about Gerry in the recent days have all had a similar theme, they’ve all talked about his generosity, his righteous fighting spirit, and his larger than life personality. He was one of the good ones, and he is now and will always be missed.

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Congratulations to Daniel Hui and Dr. Nisha Mohamed who have both been appointed Fellows of the Chartered Institute of Arbitrators (FCIArb).

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Written by Timothy Harry and Dr Nisha Mohamed

There have been two recent decisions of the Supreme Court in England which it would be useful for any Hong Kong practitioner to consider when dealing with the fundamental questions of (1) whether the relationship is one to which vicarious liability principles apply and (2) whether, even if it is such a relationship, the employee’s wrongdoing is such that liability should attach to the employer.

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Commentary by Tina Mok and Adrian Lo

The Court of Final Appeal (“CFA”) on 11 March 2020 handed down its judgment in HKSAR v Cheng Wing Kin [2020] HKCFA 3 examining the meaning of “corruptly” in s.7 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) (“ECICO”).

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