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The meaning of “obtaining access to a computer” – should it be restricted to the unauthorised extraction and use of information from a computer?

In a recent decision (Secretary for Justice v Cheng Ka-Yee, HCMA 466/2017) the Court certified the following question of law as being of great and general importance: “Is the… LEARN MORE

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Insider dealing – Deal or no deal

In the Court of Appeal (CA) decision of Securities and Futures Commission v Cheng Chak Ngok (CACV 95/2017; [2018] HKCA 590), the less disputed element of insider dealing, namely… LEARN MORE

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Resisting enforcement of arbitral awards out of time

In Astro Nusantara International BV and others v PT First Media TBK [2018] HKCFA 12, the Court of Final Appeal (CFA) laid down the proper test for determining whether to grant… LEARN MORE

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Moody’s appeal to the Court of Final Appeal dismissed

On 11 October 2018, the Court of Final Appeal (CFA) delivered its reasons for judgment (FACV 6/2018; [2018] HKCFA 42) (which judgment had already been handed down at the conclusion… LEARN MORE

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Lack of a credible defence per se is far from being a “strong cause” for the Court to override an exclusive jurisdiction agreement

Contracting parties may, by contract, agree that any dispute that may arise between them will be resolved by the courts in a particular named jurisdiction. This may be done by… LEARN MORE

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When will the court give leave to appeal an arbitration award on a question of law?
26 October 2018, Construction, by Christy Yu

It is the policy of the Hong Kong Courts to give finality to arbitral awards. Parties may opt into Schedule 2 (Schedule 2) of the Arbitration Ordinance if they want to retain… LEARN MORE

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How is project insurance coverage affected by a sub-contractor having its own insurance coverage?
26 October 2018, Construction, by Kwok Kit Cheung,

In Haberdashers’ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd [2018] EWHC 558 (TCC), England’s Technology and Construction Court had to decide on the extent of coverage… LEARN MORE

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England’s Supreme Court clarifies law in respect of No Oral Modification Clauses
26 October 2018, Construction, by Kwok Kit Cheung,

In Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24, England’s Supreme Court had to consider a fundamental issue of contract law, namely whether a “No Oral… LEARN MORE

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England’s Technology and Construction Court holds that collateral warranty signed after practical completion had retrospective effect
26 October 2018, Construction, by Kwok Kit Cheung,

In Swansea Stadium Management Company Ltd v City and County of Swansea [2018] EWHC 2192 (TCC), England’s Technology and Construction Court held that a collateral warranty signed… LEARN MORE

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Draft Code of Practice for Third Party Funding of Arbitration and Mediation
26 October 2018, Construction, by Joseph Chung,

In our previous article of 19 September 2017, we mentioned that a Code of Practice may be issued by an “authorised body” appointed by the Secretary for Justice to set out the… LEARN MORE

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