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Cynthia Tang

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Cynthia Tang is the head of the Dispute Resolution Group for Baker McKenzie’s Hong Kong and China offices. She has over 25 years of experience in Hong Kong and Asia. Chambers Asia Pacific, PLC Which Lawyer? and Asia Pacific Legal 500 have ranked her as one of the leading lawyers in the Financial Services/Regulatory field for five consecutive years. She previously served on a number of committees in the Securities and Futures Commission and is currently appointed by the Hong Kong Government as a Member of the Standing Committee on Company Law Reform and Disciplinary Panel A of the Hong Kong Institute of Certified Public Accountants. She is also a China-Appointed Attesting Officer.

In brief This recent Court of First Instance judgment ([2023] HKCFI 2932) is another unsuccessful judicial review against the decision of the Listing Review Committee (LRC) of The Stock Exchange of Hong Kong Limited to impose disciplinary sanctions on two independent non-executive directors (INED) (“Applicants”) of a listed company (“ListCo”). These applications remain to be an uphill battle. In June 2023, the LRC upheld the Listing Committee’s decision that the Applicants should be publicly censured…

In brief A recent decision by the Court of First Instance in Re Gatecoin Limited[1] ruled that cryptocurrencies are “property” and are capable of being held on trust. This is a welcomed decision, clarifying the nature of cryptocurrencies and the interests of investors when depositing cryptocurrencies with exchanges. Key takeaways The decision affirms the proprietary nature of cryptocurrencies in Hong Kong. The decision has significant implications for players in the cryptocurrency market: Gatecoin Limited (“Gatecoin”) operated…

In brief In one of the first cases in Hong Kong in which the court has granted freezing injunctions over bitcoins, the Court of First Instance has now handed down judgment in the trial of Nico Constantijn v Stive Jean-Paul Dan [2022] HKCFI 1254. The court held that the defendant acted as the plaintiff’s sales agent in respect of the plaintiff’s bitcoins. The court found the defendant had breached his fiduciary duties in failing to account to…

In brief The effect of the COVID-19 pandemic continues to dominate the world, bringing elevated level of instability to businesses across various industries. Such uncertainties have triggered the growth of different types of disputes, and have greatly influenced the way we solve these. In Asia Pacific, we have already witnessed changes in the judicial systems to adapt to the new “norm.” While the circumstances present many challenges, there are also considerable opportunities for those who…