On 21 May 2025, our Partner Iris Cheng presented a webinar for the members of the Actuarial Society of Hong Kong on “Introduction to Professional Negligence Law in Hong Kong”.  The session was attended by over 100 participants including directors, C-suite executives, senior actuaries and senior financial function personnel from various insurers, insurance intermediaries and professional advisory firms.  The webinar is well-received by the audience.

George Tong and Ada Luk, our partners in our Corporate Team, have contributed to the Practice Note for Thomson Reuters’ Practical Law Global, outlining the typical transaction process when acquiring a Hong Kong business as a going concern by way of a purchase of assets (as opposed to shares), including putting in place preliminary agreements, carrying out due diligence, obtaining deal consents and regulatory approvals, preparing the requisite asset purchase agreement and other ancillary documents, and dealing with completion and post-completion steps. The note can be accessed here: Asset Purchases Overview (Hong Kong).

We have an outstanding team of lawyers, who will be able to advise on and help you navigate through such transactions. Should you have any enquiries or require assistance in this aspect, please do not hesitate to contact us.

* Reproduced from Practical Law with the permission of the publishers. For further information, please visit practicallaw.com.

We had the privilege of hosting a group of talented young lawyers from Mainland China. This visit provided an invaluable platform for exchanging insights on the evolving legal landscape, fostering mutual understanding, and exploring opportunities for collaboration between legal professionals across borders. Our visitors shared with us that they belong to a community group called “YoungLegal”, aiming to break down information barriers and promote mutual assistance, communication, and growth among young legal practitioners, and foster cooperation.

It was a pleasure for lawyers from our firm to share our experiences and engage in meaningful discussions on various aspects of legal practice with a dynamic group of young legal practitioners from Mainland China. The discussions not only provided insight into the differences between the legal practices in Hong Kong and the Mainland but also highlighted our shared commitment to professional growth and collaboration.

During the visit, our Partners Eddy So, Nicole Chan, Ada Luk, Associates Rachel Liu, and Kennis Cheung shared a range of topics, including:

• The diverse types of cases we manage as an international firm displaying the breath and complexity of our work.
• The distinction between solicitors and barristers in Hong Kong offering clarity and perspectives on the unique roles in the legal system.
• The litigation and arbitration procedures in Hong Kong highlighting the notable features and issues in practice.

The discussions were enriching, and we were impressed by the enthusiasm and curiosity of our visitors.

At our firm, we firmly believe that such interactions are instrumental in fostering professional development, enhancing mutual understanding, and building a strong, interconnected legal community across borders. The visit was co-ordinated by our Partner Eddy So and trainee Celine Chen.

Celine Chen, who coordinated the visit, expressed her strong support for the event, saying, “I’m truly proud to have been part of an event that helps build connections and promotes shared learning within the legal community.”

We look forward to more opportunities to engage with talented individuals and continue to contribute to the growth of the legal profession.

The Courts (Remote Hearing) Ordinance (Cap. 654) (the “Ordinance“) came into operation on 28 March 2025, introducing a clear legal framework for the conduct of remote hearings in Hong Kong’s judicial system.

Background and Purpose

As part of the Judiciary’s ongoing technological modernization efforts, remote hearings serve multiple practical purposes. They significantly reduce travel time for parties, legal representatives, and witnesses who would otherwise need to commute to court buildings. This efficiency not only benefits court users but also facilitates more streamlined scheduling of court proceedings. Furthermore, the remote hearing capability enables courts to continue functioning effectively during unforeseen circumstances where physical attendance becomes impractical or impossible.

According to the Hong Kong Judiciary Annual Report 2024, the Judiciary has already successfully conducted approximately 2,100 remote hearings for civil proceedings at different levels of courts and tribunals since 2020. The Ordinance establishes a clear legal basis for remote hearings at various levels of courts and tribunals.

Key Provisions

The Ordinance contains several important provisions that legal practitioners should familiarize themselves with:

1. Application and Scope (Sections 2-5): The Ordinance provides for remote hearings to be conducted in both civil and non-trial criminal proceedings, though with certain clearly defined exceptions. Section 3 explicitly states that the Ordinance applies to the Government.
2. Excluded Proceedings (Section 5 and Schedule 1): The Ordinance specifically excludes criminal trials and hearings before the Juvenile Court from remote hearings. Notably, section 5 categorically prohibits any proceeding concerning national security from being “conducted through a remote medium under this Ordinance, under the law or otherwise.”
3. Remote Hearing Orders (Sections 6-8): Courts are empowered to make, vary, or revoke remote hearing orders, either on their own motion or upon application by any party to a proceeding. Section 6(3) allows courts to specify the remote medium to be used, the participants who may attend remotely, and other conditions for the conduct of proceedings.
4. Judicial Discretion and Considerations (Section 9): When deciding whether to make, affirm, vary or revoke a remote hearing order, section 9 requires courts to evaluate numerous factors including the nature and complexity of proceedings, the type of evidence to be presented, parties’ views, participants’ ability to engage with remote proceedings, and measures to ensure evidence is given freely without coercion or other influence.
5. Legal Effect (Sections 15-16): Section 15 establishes that participants attending remotely are deemed to have satisfied any legal requirements for physical presence. Importantly, section 16 extends Hong Kong law relating to evidence, procedure, contempt of court, and perjury to participants who attend remote hearings from outside Hong Kong.
6. Document Handling (Sections 19-21): The Ordinance facilitates electronic transmission of documents (section 19) and electronic presentation of objects (section 20) for remote hearings. Section 21 provides for remote signing or writing on documents with legal effect.
7. Public Access Provisions (section 22-24): Section 23 of the Ordinance requires the court to give direction to allow public access to open proceedings, except in circumstances where exceptions apply. Section 24 further enables courts to direct that open proceedings be broadcasted and made accessible to the public in a manner specified by the Judiciary Administrator or through other appropriate means.

New Criminal Offences

One of the most significant aspects of the Ordinance is the introduction of new criminal offences that legal practitioners should be particularly mindful of:

1. Recording and Publishing Offences (Sections 26-27): The Ordinance criminalizes unauthorized recording, publishing, or broadcasting of proceedings (both physical and remote). These offences carry substantial penalties – up to five years’ imprisonment and a HK$100,000 fine upon conviction on indictment, or up to two years’ imprisonment and a HK$50,000 fine on summary conviction.
2. Extended Court Premises Restrictions (Section 38): Through amendments to section 7 of the Summary Offences Ordinance (Cap. 228), the Ordinance expands existing prohibitions on recording in courts to comprehensively cover making images or audio records of any court premises and any person on those premises. The maximum penalty for these offences has been increased to one year’s imprisonment and a HK$50,000 fine.

Implementation Timeline

Although the Ordinance is now in effect, implementation will follow a phased approach. The Judiciary has announced plans to begin remote hearings for non-trial criminal proceedings in approximately six months, providing stakeholders adequate time to prepare for the new procedures. In the meantime, the Judiciary will issue practice directions in phases that will specify operational details, application procedures, and technical guidelines for conducting remote hearings effectively.

Practical Implications

The introduction of remote hearings offers substantial efficiency benefits for legal practitioners. Most notably, solicitors and barristers may no longer need to physically attend court for brief procedural hearings (such as “three-minute hearings”), allowing them to participate from their offices instead. This change promises to significantly reduce unproductive travel and waiting time, enabling more efficient allocation of professional resources.

To support this transition, the Judiciary has developed technical support systems and will assign dedicated staff to facilitate remote hearings. This includes conducting pre-hearing connection tests to ensure smooth technical operation during actual proceedings.

Legal practitioners should remain attentive to forthcoming practice directions from the Judiciary, which will provide essential details on implementation procedures, technical requirements, and best practices for participating in remote hearings.

Access the full Ordinance here for more details.

This Friday, our Community Investment Committee attended the 2025 Chinese New Year Card Design Competition Awards at Fresh Fish Traders’ School. We are honoured to feature the winning design as our official Chinese New Year greeting card to clients.

Heartfelt congratulations to the winners and it is our honour to support the efforts of FFTS and to continue a cherished 15-year tradition with sponsoring this inspiring competition. Witnessing the recent developments and learning about the school’s vision and mission was truly inspiring and a reminder of the value of our ongoing involvement with the community.