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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…

On 1 September 2023, the Standing Committee of China’s National People’s Congress released the amendments to the PRC Civil Procedure Law (“2021 CPL”) which will take effect from 1 January 2024 (“2024 CPL”). Among these amendments, there are considerable changes in respect of foreign-related litigation, including the PRC courts’ jurisdiction over foreign-related disputes, parallel proceedings, service of process, nationality of arbitral awards and recognition and enforcement of foreign judgments. Wider scope of PRC courts’ jurisdiction…

In brief On 20 June 2023, the National Assembly (NA) passed the Law on Protection of Consumers’ Rights (amended) (“New LPCR”), with an effective date of 1 July 2024, superseding the current Law on the Protection of Consumers’ Rights No. 59/2010/QH12 (“LPCR 2010”). The New LPCR includes seven Chapters and 80 articles under which many proposed critical changes have been officially adopted. This law also addresses various issues that will have direct impacts on onshore and…

In brief With the rapid rise of environmental consciousness in Australia and abroad, consumer-facing businesses are increasingly making claims about the environmental qualities of their products, services and business operations. While the ACCC has had guidance on the practice of “greenwashing” for some time (link here), policing of environmental and sustainability claims has been a core area of focus for the ACCC in the last 12 months. In October 2022, the ACCC launched an internet sweep…

In brief On 20 June 2023, the National Assembly passed the Law on Protection of Consumers’ Rights (amended) (“New Law”), with an effective date of 1 July 2024, replacing the current Law on the Protection of Consumers’ Rights No. 59/2010/QH12 (“Current LPCR”). The New Law includes 80 articles addressing various issues that will have direct impacts on both onshore and offshore businesses that transact with consumers in Vietnam. Key takeaways Many proposed key changes under…

In brief The Department of Justice (DOJ) issued a series of Circulars that modify criminal procedure in the Philippines, by introducing the “reasonable certainty of conviction” standard when pursuing criminal cases, and implementing procedures that ensure proactive involvement by prosecutors during case build-up. In more detail Through a series of Department Circulars (DC) — DC Nos. 008, 008-A, 016, and 020 series of 2023 — the DOJ made important changes to the process involved in instituting criminal cases in the…

In brief The Insolvency (Amendment) Bill 2023 (“Amendment”) was passed in the Dewan Rakyat on 24 May 2023. The Amendment seeks to provide for a more effective bankruptcy administration system which is in line with the Government’s intention to preserve the welfare of bankrupt individuals. The Insolvency Act 1967 (“Act”) was last amended on 1 September 2021 vide the Insolvency (Amendment) Act 2020. Key takeaways The critical suggested amendments to the Act are as follows:…

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: The decision offers greater…

In brief In Maxx Engineering v PQ Builders Pte Ltd [2023] SGHC 71, the General Division of the High Court of Singapore (“High Court”) dealt with the novel issue of whether a party could be compelled by a court order to refer a dispute to mediation pursuant to its contract with a counterparty, even if it did not want to mediate. The High Court held that it was just and equitable to order specific performance such that…

In brief The New Criminal Code became the first piece of legislation passed into Law in 2023 and was promulgated on 2 January as Law No. 1 of 2023. Part one of our client alert series outlined the key features of the New Criminal Code (access here) and part two of our client alert series outlined the key features of digital information, bribery & corruption and money laundering-related crimes in the New Criminal Code (access…