Hong Kong: Contracts and Commercial Law

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.

The Hong Kong Legislative Council's recent passage of the Companies (Amendment) (No. 2) Bill 2024 marks a significant milestone in the jurisdiction's evolution as Asia's premier business hub.

In the decision of W v Contractor [2024] HKCFI 1452, the Hong Kong Court of First Instance dismissed an application for leave to appeal against an interim injunction granted by an arbitrator.

SPCs are a type of exempted company established under the Cayman Companies Act. SPCs are unique because they allow for the assets and liabilities of the company...

The FCA has published new UK listing rules, effective 29 July 2024, marking a major reform aimed at modernizing UK equity capital markets. The changes should enhance international competitiveness, but broader factors like valuation dynamics and investor depth remain crucial for increasing UK IPOs. Key updates include the removal of shareholder vote requirements for significant transactions and adjustments for companies with controlling shareholders. The rules also introduce flexibility in dual-c

Since the liberation of Macau's gaming industry around 20 years ago, gaming concessionaires – namely six operators ...

Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors?