News & Events
Category

Uncategorized

Chambers Asia Pacific Ranked in 2019 2 - Chambers and Partners 2019 – “Leading Firm”

Chambers and Partners 2019 – “Leading Firm”

By | Uncategorized

Haldanes is recommended by Chambers and Partners Global & Asia-Pacific 2019 as a leading firm in “Dispute Resolution: Litigation (International Firms)” and “Family / Matrimonial (International Firms)” for another year. In particular, our Partners Jonathan Midgley, Patrick Rattigan, Elsie Liu and Consultant Nicholas Hemens are acclaimed as notable practitioners in these practice areas.

Quotes from Chambers and Partners:

(1) Haldanes’ Dispute Resolution Team

“Specialist disputes boutique with considerable expertise in criminal litigation. Additionally known for its representation of clients in civil disputes. Also adept at handling personal injury claims, injunctions and shareholder disputes.”

Jonathan Midgley

“a highly experienced litigator who is well known and respected for his experience in criminal and white-collar cases.”

Patrick Rattigan

“handles a range of commercial disputes with a particular focus on employment and insolvency litigation. He also advises on alternative dispute resolution proceedings, including arbitration and mediation hearings.”

(2) Haldanes’ Family / Matrimonial Team

“Well-respected family law team in Hong Kong with a strong focus on collaborative practice. Particularly proficient in complex child cases”

“Active representing clients in financial agreements and disputes, with expertise in cases that involve elaborate business structures and trusts.”

Supported by the firm’s broader litigation, immigration, tax and trust expertise.”

 Elsie Liu

“solid, practical and experienced.”

particularly active in alternative dispute resolution, including mediation and out-of-court settlements.”

Nicholas Hemens

“has over three decades’ experience in family matters, regularly acting on financial issues arising from relationship breakdowns and child-related cases.”

“very calm, even-handed, and also good at mediation and representing clients whenever needed.”

 

Please click here for Haldanes’ profile on Chambers & Partners 2019

 

 

Chambers Ranking Logo 2019 - Chambers and Partners 2019 – “Leading Firm”

Crime Scene 2019 1 - Business Crime and Investigations 2019 - Thomson Reuters UK

Business Crime and Investigations 2019 – Thomson Reuters UK

By | Uncategorized

Haldanes was invited by Thomson Reuters to write the Hong Kong chapter of “Business Crime and Investigations 2019”, which is now published in the United Kingdom and circulated internationally. The authors are our Partner Felix Ng, Associates Paul Wang and Timothy Wan and Trainee Solicitor Patrick Lui.

This new series of publication provides an overview of business crimes and the regulatory framework in Hong Kong, with a particular focus on corporate manslaughter, environmental and health and safety offences.

Haldanes is among the top-tier law firms to contribute to this publication, including Debevoise & Plimpton LLP (France), Duane Morris (Vietnam & Myanmar), Appleby (Bermuda), Pinsent Masons (United Arab Emirates), Arzinger Law Office (Ukraine) and Gün + Partners (Turkey).

For a copy of Haldanes’ publication, please click here

 

Crime Scene 2019 - Business Crime and Investigations 2019 - Thomson Reuters UK

IBA Rome Mock Trial Court Room e1550541503305 - IBA Criminal Law Committee – Asia Pacific Regional Representative

IBA Criminal Law Committee – Asia Pacific Regional Representative

By | Uncategorized

Our partner Felix Ng is honoured to be re-elected as the Asia-Pacific Regional Representative of the International Bar Association (IBA) Criminal Law Committee, and continues to serve the interests of criminal practitioners in the region for 2019-2020.

During his tenure as an officer in 2018, Felix contributed to the following events and initiatives of the Criminal Law Committee:

 

1. Criminal Mock Trial in IBA Annual Conference, Rome 2018

In this conference, Felix contributed to a criminal mock trial at the Suprema Corte di Cassazione in Rome presided by Honourable Andrea Venegoni, an Italian Supreme Court Judge and Sir John Goldring, former English Lord Justice of Appeal.

The trial concerned foreign bribery and money laundering allegations relating to European corporations, with parallel arbitration and civil asset recovery proceedings. Felix gave evidence as a prosecution witness.

For details of the mock trial, please click here

IBA Rome Mock Trial Court Room 1024x768 - IBA Criminal Law Committee – Asia Pacific Regional Representative

 

2. IBA Transnational Crime Conference, Krakow 2018

Felix was invited as a speaker in the panel Criminal Tax / Tax Criminals and the Right to Silence” in Krakow, Poland. Together with criminal specialists from the Netherlands, Italy, Ukraine, the United States and the United Kingdom, Felix provided insight on strategies in handling investigations concerning tax fraud and tax evasion.

For details of the Krakow Conference, please click here

 

3. Criminal Law & Human Right Issues in Asia 

Felix was also invited by international journalists to comment on criminal law and human right issues in the Asia-Pacific Region:

  June 2018 – Lèse-majesté law in Cambodia

  July 2018 – “Clean Fingers Campaign” and election boycott in Cambodia

  Sep 2018 – Coercion in Cambodia’s election

  Oct 2018 – Rule by law in Southeast Asia

 

IBA Rome Mock Trial Building 768x1024 - IBA Criminal Law Committee – Asia Pacific Regional Representative

JNM Speach4 - Jonathan Midgley & William Ahern in STEP Conference 2018

Jonathan Midgley & William Ahern in STEP Conference 2018

By | Uncategorized

JNM2 225x300 - Jonathan Midgley & William Ahern in STEP Conference 2018WAA Speach4 300x200 - Jonathan Midgley & William Ahern in STEP Conference 2018

Hong Kong STEP 2018 Conference held November 20-21 was a sold-out affair. Haldanes provided the keynote speaker and the moderator for the panel speaker debate.

Jonathan Midgley, delivered the well-received keynote, on the subject of the growing threat to solicitor-client privilege and other long-accepted legal conventions in a world where such protections are more important than ever.

William Ahern moderated a lively and informative panel discussion, dissecting the issues raised in the keynote in the context of OECD proposals to compel legal advisors to make reports to tax authorities on their advice to clients on certain issues.

Bill also interviewed HSH Prince Michael of Liechtenstein about 900 years of his family’s fascinating history and what the delegates could learn from the princely families’ longevity.

For a copy of the conference program, please click here

WAA1 225x300 - Jonathan Midgley & William Ahern in STEP Conference 2018JNM Speach4 300x200 - Jonathan Midgley & William Ahern in STEP Conference 2018

Sales and Marketing Picture 0 - Thomson Reuters UK - Sales & Marketing International Transaction Guide

Thomson Reuters UK – Sales & Marketing International Transaction Guide

By | Uncategorized

We are proud to announce that Partner John McLellan, Associate Weiken Yau, Trainee Solicitors Patrick Lui and Vanessa Wong contributed to Haldanes’ update to the Sales and Marketing International Transaction Guide (the “Guide”) published by Thomson Reuters in the United Kingdom and circulated internationally.

The Guide is a practical guide to international sales and marketing containing step-by-step guide to various types of sales and marketing arrangements coupled with country-specific information. Haldanes addresses the Hong Kong section of the Guide in a Q&A form, covering a number of legal and practical issues surrounding sponsorship and marketing in Hong Kong, such as sponsor’s rights, intellectual property rights, ambush marketing, restrictions on sponsorship, sponsorship of charity and arts. The 2018 update to the Guide contains cross references to a template sponsorship agreement prepared by Thomson Reuters; and Haldanes addresses a number of legal and practical issues associated with the drafting of sponsorship agreement.

Haldanes is among various top-tier law firms to contribute to this publication. Our Commercial & Media and Entertainment team is experienced in advising corporate and individual clients on sponsorship and marketing issues, and media and entertainment work in general. (See also the earlier article of John McLellan published by the Asian Sponsorship Association titled Morals Clauses in Endorsement Contracts.

The Guide and the Hong Kong section of the Guide contributed by Haldanes are now available on the Thomson Reuters Practical Law website. You need to be a subscriber for Thomson Reuters Practical Law to access the publication.

For a copy of the 2018 update to the Hong Kong section contributed by Haldanes, please click the link below:

Hong Kong Sponsorship

* Reproduced from Practical Law with the permission of the publishers.
For further information, visit www.practicallaw.com or call +44 (0)20 7542 6664.

For further enquiries on Haldanes’ publications or to learn more about our media and entertainment expertise, please contact John McLellan, Head of Commercial & Media and Entertainment Practice.

Haldanes WWL 2018 - Haldanes is recommended by Who's Who Legal - Business Crime Defence 2018

Haldanes is recommended by Who’s Who Legal – Business Crime Defence 2018

By | Uncategorized | No Comments

Our partners Jonathan Midgley, Andrew Powner and Felix Ng are recommended as business crime defence experts for another year in  Who’s Who Legal – Business Crime Defence 2018. In particular, Andrew Powner and Felix Ng are the only two practitioners who are chosen as “Global Elite Thought Leaders” in the Asia-Pacific region.

Quotes from Who’s Who Legal 2018:

Haldanes Solicitors and Notaries – This Hong Kong law firm stands out in the Asian market as a top choice for white-collar defence matters.”

Jonathan Midgley is a widely-recognized name in the Asian market where he stands out for his expert handling of white-collar defense matters.”

Jonathan Midgley is highlighted by peers and clients alike as one of the top criminal defense lawyers in Hong Kong.”

Andrew Powner is a very experienced criminal practitioner according to peers who rate him very highly for his first-class corporate crime practice.”

Andrew Powner is regarded as a go-to name when it comes to securities and regulatory investigations.”

Felix Ng has in-depth experience in the business crime space, where he stands out for his unparalleled professionalism, perseverance and passion for justice.”

Felix Ng is a favourite among clients who note, he is attentive to the client’s needs in a meticulous manner, always responding to questions promptly.”

 

Click here for the report of Who’s Who Legal – Business Crime Defence 2018
Click here for Jonathan Midgley’s expert profile
Click here for Andrew Powner’s expert profile
Click here for Felix Ng’s expert profile

Haldanes WWL 2018 - Haldanes is recommended by Who's Who Legal - Business Crime Defence 2018

IMG 5770 e1548437122927 - "Anti-corruption Laws and Regulations" - Hong Kong Chapter

“Anti-corruption Laws and Regulations” – Hong Kong Chapter

By | Uncategorized

Haldanes is proud to be the exclusive author of the Hong Kong Chapter of “Anti-corruption Laws and Regulations” published by Globe Law and Business in the United Kingdom.

This publication is a practical guide to in-house counsel & international practitioners on the anti-corruption regime, investigations & prosecutions, recent case law and possible reforms in Hong Kong and globally. Our partner Felix Ng and Associate Sophia Lam are the authors of the chapter.

For details, please visit this website

IMG 5770 233x300 - "Anti-corruption Laws and Regulations" - Hong Kong Chapter

Haldanes Solar Energy - Provisional Liquidators’ role and powers clarified - China Solar Energy Holdings Limited HCCW 108/2015, [2018] HKCFI 555

Provisional Liquidators’ role and powers clarified – China Solar Energy Holdings Limited HCCW 108/2015, [2018] HKCFI 555

By | Uncategorized | No Comments

The Court of Appeal held in Re Legend International Resorts [2006] 2 HKLRD 192 that the ‘primary purpose of appointing provisional liquidators must always be the purposes of the winding-up’, not for the purposes of avoiding the winding-up, and that ‘restructuring a company is an alternative to a winding up’.

These statements cast doubt on whether and the extent to which provisional liquidators are allowed to carry out restructuring, which would have the effect of preserving and extending the life of a company and thus preventing winding-up.

In China Solar, the Court of First Instance has made clarifications on this issue. The trading of the company’s shares listed on the Hong Kong Stock Exchange had been suspended. The provisional liquidators (“PLs”) were appointed on the basis, inter alia, that the company’s assets were in jeopardy, and the PLs were also granted restructuring powers. Since the appointment, the PLs have put in extensive efforts and resources to restructure the company with a view to apply for resumption of trading of the company’s shares.

The Petitioner sought to discharge the PLs, arguing that when the provisional liquidation had come to a point where the sole or primary function of the PLs was to carry out restructuring, it could not be permitted to continue. The Petitioner also argued that restructuring by definition means avoiding winding-up, which is contrary to Re Legend.

In his detailed judgement, the Honourable Mr. Justice Harris surveyed the case law on the powers of provisional liquidators and dismissed the Petitioner’s application for dismissal. The following are the Judge’s key findings:

1. Where the matters associated with a winding-up are absent, in particular where the company’s assets are not in jeopardy, it would not be appropriate to order a provisional liquidation, despite the company’s general need for a restructuring.

2. When the Court of Appeal said in Re Legend that provisional liquidation “must be for the purposes of the winding-up”, it was referring to matters associated with a winding-up, which could include asset preservation. It could not have meant to say that the intended result of provisional liquidation must be a winding-up. In fact, the intended result could be the avoidance of winding-up. Otherwise, it would be contrary to the Court of Appeal’s own endorsement of the practice that when provisional liquidators were appointed on asset preservation grounds, they could be granted restructuring powers.

3. There was nothing in the statutory regime of provisional liquidation that the provisional liquidators’ appointment is to be restricted in the manner suggested by the Petitioner in order to increase the likelihood of a winding-up, which is likely to be destructive of the creditors’ collective interests. In fact, terminating the provisional liquidators’ appointment would seem inconsistent with the purpose of protection of company assets and value.

4. The law has never been that provisional liquidation is meant to lead to a winding-up. Provisional liquidation is meant to ensure that the operation of a winding-up would not be frustrated, if there is a winding-up.

Following China Solar, therefore, it would seem that provisional liquidators can be appointed for matters associated with a winding-up, including asset preservation, but not solely for restructuring when the matters associated with a winding-up are absent. Following the appointment, provisional liquidators can carry out restructuring, even when that becomes their sole remaining function.

Written by: Paul Lui, Partner; Henry Ma, Partner and Irene Lai, Trainee Solicitor

Haldanes Award 2018 e1543219768238 - Criminal Litigation Law Firm of the Year 2018

Criminal Litigation Law Firm of the Year 2018

By | Uncategorized | No Comments

Haldanes Award 2018 e1543219768238 - Criminal Litigation Law Firm of the Year 2018

The Haldanes partnership is delighted, once again, through the support of our peers, to have received the “Criminal Litigation Law Firm of the Year” award.

It is an honour we never take for granted, and we will continue to strive to maintain high standards.

We were also pleased to be finalists in the following categories:
• Civil Litigation Law Firm of the Year
• Matrimonial & Family Law Firm of the Year

For a list of finalists and winners in the Awards, please click here

 

Haldanes Asian Legal Business - Criminal Litigation Law Firm of the Year 2018

Haldanes HK law 17th awards - Criminal Litigation Law Firm of the Year 2018

© Haldanes 2018. All Rights Reserved.