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Enforceability of an indemnification provision under a broker agreement: is it a penalty?02 June 2023
A recent case in the Hong Kong Court of First Instance has seen the court applying the Court of Appeal’s penalty clause test to an indemnification provision under a broker agreement.
Hong Kong MPF updates: Abolition of the offsetting mechanism to take effect on 1 May 2025 and potential increase in mandatory contribution levels03 May 2023
Over the past weeks, there have been some important news on the pension regime in Hong Kong that employers and employees should be mindful of.
Horizon Scanner – Intellectual Property28 April 2023
At Lewis Silkin we are constantly monitoring the legal landscape and liaising with policymakers and regulators. This enables us to stay informed about how law and regulation will change in key areas for our clients.
Catherine Leung named as Head of Employment in Hong Kong
Press Release04 January 2023
Lewis Silkin has today announced Catherine Leung as Head of Employment for the firm’s Hong Kong office, further strengthening its market-leading employment practice.
Hong Kong Government lifts compulsory quarantine requirement what employers need to know26 September 2022
New relaxed rules for inbound travellers
Enforceability of a compensation clause in Hong Kong: is it a penalty?20 July 2022
A recent case in the Hong Kong Court of First Instance has seen the court apply the Court of Appeal’s penalty clause test to a compensation clause in an employment contract.
Kathryn Weaver and Karen Baxter ranked in list of top 50 leading female employment law partners in the world by International Employment Lawyer
Press16 June 2022
We are delighted to announce that Kathryn Weaver and Karen Baxter have been selected by International Employment Lawyer’s Women Leaders thought-leadership survey.
Abolishment of the MPF offsetting mechanism approved by Hong Kong's Legislative Council (the “LegCo”)09 June 2022
After years of extensive discussions and consultations, the Hong Kong LegCo has, on 9 June 2022, passed the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill 2022 (the “Bill”) to abolish the MPF offsetting mechanism.
Catherine Leung and Lewis Silkin recognised in the Doyles Guides Awards 202224 May 2022
We are delighted to announce that Catherine Leung has been recognised as a Leading Lawyer and Lewis Silkin has been awarded a Second Tier ranking in Employment & Labour in the Doyles Guides awards 2022.
High Court in Hong Kong gives permission for witnesses to give video evidence10 April 2022
The High Court in Hong Kong has granted an application allowing witnesses based abroad to give evidence by video conferencing, even though the flight ban has been lifted.
Unfair dismissal tribunal in UK awards23 March 2022
In unfair dismissal claims, whilst orders for re-employment are rare, they can be very lucrative for claimants. In particular those who are high earners stand to benefit considerably as the maximum compensatory award for unfair dismissal (currently £89,493) does not apply which can lead to very large pay-outs as in the case of Jones v JP Morgan Securities plc.
What Hong Kong employers need to know about the Employment Amendment Bill 202221 March 2022
The government recently published the Employment (Amendment) Bill 2022 to amend the Employment Ordinance (“Amendment”). The Amendment will come into force on a date to be determined after it is enacted by the Legislative Council and it is expected that this will take place soon. The Amendment is a timely response to the outbreak of the fifth wave of COVID-19 in Hong Kong and this article summarises what employers need to know.
Hong Kong government tables bill to abolish Mandatory Provident Fund07 March 2022
There is finally visibility on how the government proposes to sunset the controversial Mandatory Provident Fund (“MPF”) offsetting mechanism as the long-awaited Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill (“Bill”) was tabled to the Legislative Council on 23 February 2022. The government hopes that the law will be finalised within the current government office term and expects the mechanism to be abolished by 2025. This article provides a summary of the key changes and some key takeaways for employers.
Hong Kong employers to brace for change10 February 2022
In this article, we will cover the government’s proposed amendments to the Employment Ordinance (“EO”) as part of its continuing efforts to fight the endemic, and the latest development on abolishing the Mandatory Provident Fund (“MPF”) offsetting mechanism.
Lewis Silkin expands litigation offering in Hong Kong
Press Release04 January 2022
Experienced employment and IP litigator Jezamine Fewins joins team.
Hong Kong court upholds summary dismissal in light of employees secret business17 December 2021
In the case of Cosme De Net Co Ltd v Lam Kin Ming  HKDC 445, the Court of First Instance upheld an employer’s decision to summarily dismiss an employee who ran a competing business in secret.
Hong Kong court finds that pilot’s “standby” time did not constitute as rest days for the purposes of the Employment Ordinance17 December 2021
In the case of Breton Jean v. 香港麗翔公務航空有限公司 (Hk Bellawings Jet Limited)  HKDC 46, the Court found that the employer had failed to provide rest days to the employee as they had been expected to have a degree of flexibility during their standby period.
Hong Kong court confirms that a party cannot enforce a contract with a unilateral mistake which he/she knew or should have known did not reflect the other party’s intentions17 December 2021
Zhang Qiang v Cisco Systems (HK) Ltd  HKCFI 694 is a case that reminds employers of the importance of putting the right figure in a settlement agreement – especially when dealing with an uncooperative employee. In this case, although ending in the employer’s victory, a typo in the settlement agreement had led to a decade-long lawsuit.
Lewis Silkin's Hong Kong team discuss topical issues in podcast series16 December 2021
Our Hong Kong employment team have collaborated with Conventus Law on their podcast series “Heart of the Matter – A Podcast on Legal Development from around the world”.
Hong Kong court confirms that the implied duty of mutual trust and confidence cannot be relied upon to recover damages for loss arising from the manner of dismissal16 December 2021
In the case of Lam Siu Wai v Equal Opportunities Commission  HKCFI 3092, the Court of First Instance held that the employer’s right to terminate in accordance with the terms of employment was not subject to the implied duty of mutual trust and confidence and so an employee could not rely on it to recover damages for loss arising from the manner of his or her dismissal.