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Court of Final Appeal to consider interpretation of Business Interruption coverage for New World Harbourview Hotel
"New World Harbourview Hotel Company Limited & Ors v. Ace Insurance Limited & Ors" (FAMV6/2011) - Leave to appeal to Court of Final Appeal granted on interpretation of insurance cover.
Hong Kong
5 Sep 2011
Government's Refinement Of Proposed Insurance Regulatory Regime
The Financial Services and Treasury Bureau published the "Proposed Establishment of an Independent Insurance Authority Consultation Conclusions and Detailed Proposals" ("Consultation Conclusions") and the relevant "Frequently Asked Questions" ("FAQs") on 24 June 2011.
Hong Kong
4 Jul 2011
Latest Court Of Appeal Decision Confirms No Deduction For Overpaid Periodical
In its decision handed down today, the Court of Appeal held that overpaid sick leave payments made under section 10 of Employees' Compensation Ordinance (ECO) cannot be used to set off compensation under other sections of ECO.
Hong Kong
1 Jun 2011
Implications Of Article 23 Of The Amended PRC Insurance Law
The PRC Insurance Law was substantially amended in February 2009, and such amendments became effective in October 2009.
28 Mar 2011
An Independent Contractor is Not a Shield to Liability!
The Court of Final Appeal (CFA) decided in "Luen Hing Fat Coating & Finishing Factory Limited v. Waan Chuen Ming" (FACV 19/2009) that an occupier can be liable for injury caused by an independent contractor to the contractor's own employees, even if:
Hong Kong
16 Mar 2011
Forum Non Conveniens - The Appropriate Forum for Cross-Border Traffic Cases
The decision in "Fang Guo Quan & Another v. Choi Ming Sang & Another" (DCPI 1468/2008) considers whether Hong Kong is the appropriate forum to hear a traffic accident case involving Hong Kong residents that occurred in the PRC.
Hong Kong
24 Jan 2011
CBRC Tightens Control of PRC Trust Companies
Real estate related investment products offered by PRC trust companies have become an increasingly important alternative source of capital for real estate developers to finance construction costs where other traditional sources of real estate finance have been constrained by central government policies impacting on the real estate sector.
Hong Kong
31 Dec 2010
Court Finds No Employment Contract Between the Applicant and the Respondent
EC insurers are invariably faced with claims where contractors claim to be employees so as to be entitled to employees' compensation.
Hong Kong
13 Dec 2010
Changes Introduced by the New PRC Social Insurance Law
The new PRC Social Insurance Law (the Social Insurance Law) was promulgated by the 11th session of the Standing Committee of the National People's Congress on 28 October 2010 after four readings and will take effect as of 1 July 2011.
1 Dec 2010
Privacy Commissioner Publishes Octopus Investigation Report
The Hong Kong Privacy Commissioner's Office (PCO) published the Octopus investigation report yesterday (18 October 2010). Whilst the PCO's findings on Octopus are based on the facts of that case, its recommendations impact all data users.
Hong Kong
19 Oct 2010
CIRC Permits Insurance Companies to Diversify Their Investments into Private Equity and Real Estate Sectors
The China Insurance Regulatory Commission (CIRC) now permits those insurance companies which are subject to its regulation to diversify their investments into the private equity and real estate sectors pursuant to the "Interim Measures for the Administration of Utilisation of Insurance Funds", effective 31 August 2010.
22 Sep 2010
Recent Personal Injury Cases Update
In this update, we highlight four personal injury cases which may be of particular interest to insurers and/or defendants.
Hong Kong
31 Aug 2010
The End of Self-Regulation? Proposals to Establish an Independent Insurance Authority
The Financial Services and the Treasury Bureau is proposing the establishment of an independent insurance authority to strengthen regulation of the industry.
Hong Kong
14 Jul 2010
Lessons from the CJR - Sanctioned Offer in Practice
The recent decision in "Fung Wing Yee (a minor) v. Chen Jung Chien" demonstrates how the Court applies the new rules on sanctioned offer and awards enhanced costs and interests to the Plaintiff, who had done better at trial than her sanctioned offer to the Defendant.
Hong Kong
17 May 2010
Clear-Cut Tests Preferred in the Interpretation of Policy Terms - New World Harbourview Hotel Company Limited & Ors v. Ace Insurance Limited & Ors
In a recent decision, the Court was invited to give directions on a number of issues in dispute between the insureds and their insurers, with respect to the interpretation of terms concerning business interruption losses under two Composite Mercantile Policies.
Hong Kong
11 May 2010
Lessons from the CJR - Be Prepared!
Before the recent Civil Justice Reform (CJR), it was much easier to join a party as a defendant to an action. In this case, the Plaintiff sought to join a party as an additional defendant two weeks before it was to be warned for trial.
Hong Kong
8 Apr 2010
Ignore Pre-Action Letters at Your Peril!
The ruling in Wong Shui Lam v. Hospital Authority (HCPI 151/2009) sends a message that failure by the defendant to respond to a claimant's pre-action letters may result in adverse costs orders on an indemnity basis.
Hong Kong
1 Feb 2010
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