Hong Kong: Contracts and Commercial Law

Hong Kong Inland Revenue Department (IRD) enquiry letters are typically sent to owners of Hong Kong offshore limited companies following the submission of a Profits Tax Return to notify them that the IRD has chosen to formally investigate their tax affairs

Hong Kong launches a stakeholder consultation on proposed amendments to its Arbitration Ordinance, marking the most significant update since 2011. The recommendations include changes to jurisdictional rules, tribunal powers, and enforcement mechanisms, forming part of Hong Kong's broader strategy to strengthen its position as an international legal and dispute resolution hub.

The Hong Kong Court of First Instance set aside a USD 481.6 million arbitral award after finding that the tribunal failed to address the actual estoppel defence presented by the respondents. The court distinguished between a tribunal rejecting arguments on their merits versus failing to determine the essential issue actually advanced, emphasizing that tribunals must address the specific case presented rather than a materially different question.

The Hong Kong Court of Final Appeal has issued a landmark ruling on the foreign illegality defence in unjust enrichment claims, formally adopting the flexible "range of factors" approach from Patel v Mirza. The decision clarifies when parties can recover funds through restitution even when the underlying cross-border contract is unenforceable due to foreign law violations, establishing critical distinctions between contractual and restitutionary remedies.

The High Court examined a case where a Hong Kong securities brokerage company brought conspiracy claims against its own client, alleging an undisclosed discretionary trading arrangement between the client and one of the firm's employees.=

In this article, Wesley O’Brien revisits the case for VISTA, addressing common criticisms and arguing that such critiques misunderstand the planning opportunities that VISTA presents. The article draws on practical examples to show why, for many families and their advisers, VISTA remains the best option on the table.

Hong Kong has launched a new re-domiciliation regime on 23 May 2025 under the Companies (Amendment) (No. 2) Ordinance 2025 (the "Regime"), enabling overseas companies to transfer their legal domicile to Hong Kong while maintaining corporate continuity

Over 70% of Hong Kong executives see economic shift as the most critical risk in the next 12 months, according to AlixPartners Global Risk Survey.

In his 2023 Policy Address on 25 October 2023, the Chief Executive announced the launch of the New Capital Investment Entrant Scheme (New CIES), which officially commenced on 1 March 2024.