Decentralised Autonomous Organisations (DAOs) are an emerging method for organising community based activities using blockchain technology. In the fourth of a series of articles exploring legal issues related to DAOs in Hong Kong, Pádraig Walsh and Shirley Kong from the Digital Services and Fintech practice of Tanner De Witt explore enforcement issues that arise in respect of enforcing against DAOs . Pseudonymity and anonymity The pseudonymity and anonymity of participants in DAOs arises in a number of dimensions: Unknown counterparties: It may be possible for anyone to become a DAO participan ..read more

Given Hong Kong’s status as an international financial hub and the fact that more than 75% of the companies listed on the main board of the Hong Kong Stock Exchange are incorporated in either the Cayman Islands or in Bermuda (only around 11 percent are incorporated in Hong Kong), it is common for foreign liquidators to conduct investigations in Hong Kong. As a general recap (following recent developments in the jurisprudence) [1], in order to seek recognition and assistance from the Hong Kong Court, a foreign liquidator would have to establish the following: (1) The foreign insolvency proceedi ..read more

The landmark Court of Final Appeal (“CFA”) decision of Re Guy Lam[1] has generated numerous articles written by practitioners and academics on the interaction between exclusive jurisdiction clauses and the court’s jurisdiction to wind up or bankrupt a debtor.  Following the CFA’s decision, the Guy Lam bankruptcy continued to impact our legal landscape when the Court of Appeal handed down a novel decision on the treatment of the costs and expenses of the bankrupt trustees (for whom TDW acted) in circumstances where the bankruptcy order was overturned in appeal[2]. In 2 recent Court of Appe ..read more

Introduction An occurrence of international child abduction evokes negative emotions and strong condemnation. The unauthorised removal of a child from the loving care of a parent across international lines is obviously unacceptable. Equally so, is the retention of a child abroad without mutual parental consent.  In 1980, the Convention on the Civil Aspects of International Child Abduction (the ‘1980 Hague Child Abduction Convention’) was first introduced and unanimously approved by all contracting states present at the 14th Session of the Hague Conference on Private International Law on 2 ..read more

Decentralised Autonomous Organisations (DAOs) are an emerging method for organising community based activities using blockchain technology. In the third of a series of articles exploring legal issues related to DAOs in Hong Kong, Pádraig Walsh and Shirley Kong from the Digital Services and Fintech practice of Tanner De Witt explain how securities law can apply to DAOs and DAO participants. Key principles If the substance of an arrangement involved activities that require authorisation or licensed persons, then regulators will pay attention regardless of the form of the arrangements in question ..read more

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