Decentralised Autonomous Organisations (DAOs) are an emerging method for organising community based activities using blockchain technology. In the first of our series of articles (available here), we looked at the legal nature of a DAO and some legal issues that can arise. In this article, Pádraig Walsh and Shirley Kong from the Digital Services and Fintech practice of Tanner De Witt explain the use of legal structures as a means of mitigating some of those legal risks. Legal wrappers A legal wrapper is a term used to describe the conduct of all or some of the activities of a DAO through an in ..read more

On 10 April 2024, The Hong Kong Court of Final Appeal (“CFA”), Hong Kong’s highest court, delivered its ruling in Tam Sze Leung & Ors v Commissioner of Police [2024] HKCFA 8, affirming the validity of the Hong Kong Police’s Letter of No Consent (“LNC”) regime.  This decision provides significant relief to victims of fraud and also brings clarity to the Police and practitioners involved in asset tracing and recovery. In our previous article we reviewed the scope and nature of the LNC regime and discussed the Court of Appeal’s ruling overturning the Court of First Instance’s decision wh ..read more

Decentralised Autonomous Organisations (DAOs) are an emerging method for organising community based activities using blockchain technology. Novel uses of technology give rise to novel legal issues, particularly when they intersect with capital and commerce. In the first of a series of articles, Pádraig Walsh and Shirley Kong from the Digital Services and Fintech practice of Tanner De Witt explain the legal nature of a DAO and some legal issues that follow. Key characteristics DAOs are a community of persons that organise themselves according to rules and conduct activities that are automated a ..read more

In Hong Kong, the right to family life is enshrined in Article 19 of the Bill of Rights Ordinance (Cap. 383), which recognises family as “the natural and fundamental group unit of society”. Further, Article 14 protects one’s rights from arbitrary or unlawful interference with family or home. Article 37 of the Basic Law protects our rights to “raise a family freely”. In the context of adoption, a child’s parental relationship can be a central point of discussion – which is reflected in the legal framework, for instance, both parents’ consent is required before an adoption order can be made. Sig ..read more

Hong Kong has a long history of being a business-friendly location to set up both as a regional business hub and to access the sophisticated local market. In the next of a series of articles exploring the attraction of Hong Kong as a regional and international business centre, Pádraig Walsh of Tanner De Witt shares thoughts on other practical issues on starting business in Hong Kong. Business premises Choices: Hong Kong offers the usual range of choices between leased premises, serviced offices and co-working spaces. Office tenancy: A permanent office may be more suitable depending on factors ..read more

Hong Kong has a long history of being a business-friendly location to set up both as a regional business hub and to access the sophisticated local market. In the next of a series of articles exploring the attraction of Hong Kong as a regional and international business centre, Pádraig Walsh of Tanner De Witt explains key points of contract for online terms of service in Hong Kong. Terms of Service: Online Terms of Service are usually uploaded on a company’s website or downloaded with an application, and provide the contractual terms for the use of the website in question and the online purcha ..read more

This article was initially published by World Trademark Review. With effect from 29 January 2024, most judgments given in civil and commercial matters will become reciprocally enforceable between the Mainland of China and Hong Kong. Any applicable final judgment given on or after that date will be enforceable. For IP owners this opens up new possibilities for enforcement of most IP rights – including trademarks, but excluding patents – particularly against cross-border infringers that have, to date, been able to avoid liability because judgments have not been enforceable against Mainland entit ..read more

Hong Kong has a long history of being a business-friendly location to set up both as a regional business hub and to access the sophisticated local market. In the next of a series of articles exploring the attraction of Hong Kong as a regional and international business centre, Pádraig Walsh of Tanner De Witt explains key points of consumer protection laws in Hong Kong. Contract terms Sale of Goods Ordinance: The Sale of Goods Ordinance contains many helpful provisions that apply in respect of consumer sale of goods. However, for practical purposes, most businesses need to be aware that that g ..read more

Hong Kong is a virtual asset hub, with a number of Web3 businesses operating in and from Hong Kong or targeting the Hong Kong market. In this overview, Pádraig Walsh and Shirley Kong from the Fintech practice group of Tanner De Witt review the regulation of virtual asset trading platforms (VATP) in Hong Kong. Part 1: A review of cryptocurrency regulation before VATP regulation The history of cryptocurrency typically starts with the origin story of Satoshi Nakamoto, followed by the murky beginnings of the Silk Road marketplace, through the wild west ICO days, the rise of crypto titans, and to t ..read more

Hong Kong has a long history of being a business-friendly location to set up both as a regional business hub and to access the sophisticated local market. In the next of a series of articles exploring the attraction of Hong Kong as a regional and international business centre, Pádraig Walsh of Tanner De Witt explains key points for employers in Hong Kong. Employment Legislation: The Employment Ordinance (Cap. 57) is the primary piece of legislation affecting employment in Hong Kong. The Employment Ordinance prescribes certain basic rights and protection for all employees, including maternity ..read more