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About that strategic Bitcoin reserve: hurricane force wind or storm in a teacup. Bloomberg reports: "Donald Trump’s recent pledge to create a…
About that strategic Bitcoin reserve: hurricane force wind or storm in a teacup. Bloomberg reports: "Donald Trump’s recent pledge to create a…
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HKU Law
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NUS Faculty of Law
In NUS Law Assistant Professor Benjamin Goh’s article ‘From Paratexts to Print Machinery’ published in Law and Critique, he attends to some peripheral matters of Immanuel Kant’s 1785 essay, ‘On the Wrongfulness of Reprinting’ (Von der Unrechtmäßigkeit des Büchernachdrucks), as indices of its medial-material conditions of possibility. He argues that the periodical was deeply involved in the operations of a print machinery preceding the authorial figure, the existence of which perturbs copyright law’s attachment to original authorship. For an enlightening and interesting read, please refer to the following blogpost: https://lnkd.in/dK2UrMZG
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Arizona Journal of International & Comparative Law
The next article in Volume 41 Issue 1 is: Constitutional Amendments Contrary to Constitutionalism: The Political Nature of Unconstitutional Constitutional Amendment in Japan by Satoshi Yokodaido Read the article here: https://lnkd.in/gNWaJGer Read the full issue here: https://lnkd.in/gZqcz5kD
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Oles Andriychuk
Today's GC judgment in Bytedance v Commission explains perfectly the discretionary rationale of the DMA: the arguments of Bytedance are convincing, and it may well be that one can indeed achieve a greater level of contestability if perceiving TikTok as a challenger and as such not designating it with the status of gatekeeper. Can this mode be acceptable? – Absolutely yes. But does it suffice to challenge the validity of Commission's designation decision? – Absolutely not. The format of non-axiomatic, non-formulaic competition is pluralistic. There are simultaneously several (indeed plethora of) meaningful structural formats of pro-competition situation in digital markets. And it is only for the Commission to decide how to design concrete parameters of competition in digital markets within its competences – it is not about its duty, it is about its discretion. It is a creative, not formulaic, endeavour. Bytedance can be hundred times right/convincing with its key "challenger confronting entrenched ecosystems" argument, but the DMA is not about the rightness, it is about policy-Making. The proposed narrative has not been picked by the Commission. If the Commission decides today that TikTok's designation is good for contributing to fairness & contestability goals of the DMA – then it is its legitimate choice, period. If tomorrow it changes its mind/vision – it will be equally legitimate choice within the mandate of the DMA. If you are designatable and you are designated – you should not go to Court, you should knock on the door of the Commission and seek a meaningful regulatory dialogue in the spirit of participative approach. It was obvious from Day 1, and it becomes even more so now. Any other outcome of the case would undermine the very logic of the new regime and minimise its potential.
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Competition Policy International
Each year, the Intellectual Property Court of the PRC Supreme People’s Court published a summary of key points of its antitrust case judgments concluded in the prior year. In this article, authors Cheng Liu, Wu DING & 徐静 (King & Wood Mallesons analyze a number of the most prominent cases of last year, providing a review of the adjudication approaches of the PRC courts... #antitrust #antitruslaw #competitionlaw #intellectualproperty #innovation #review #chinabusiness #chinalaw
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Des Voeux Chambers
In a decision handed down by Wilson Chan J on 12 March 2024 in 𝘏𝘎 𝘗𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘐𝘯𝘷𝘦𝘴𝘵𝘮𝘦𝘯𝘵 𝘏𝘒 𝘓𝘪𝘮𝘪𝘵𝘦𝘥 v 𝘊𝘩𝘦𝘯𝘨 𝘔𝘦𝘪 𝘏𝘰𝘭𝘥𝘪𝘯𝘨𝘴 𝘓𝘪𝘮𝘪𝘵𝘦𝘥 & 𝘖𝘳𝘴 [2024] HKCFI 750, the Court dismissed the plaintiff’s application for amendment of pleadings and joinder of the intended 4th defendant for a fraudulent conveyance claim. Importantly, whilst acknowledging that the test is whether there is a bona fide claim and a proper question to be tried as between the plaintiff and the intended defendant that is necessary or just and convenient for resolution between them as well as between the plaintiff and the defendants in the present proceedings, Wilson Chan J emphasized that joinder ought to be disallowed if the parties opposing establish that it is plain and obvious that the plaintiff has no case against the proposed defendant. He observed that, likewise, if the proposed amendments are bound to fail, no leave to amend should be granted. Read more at https://lnkd.in/gBGVEWMZ Jenkin Suen SC instructed by Deacons, acted for the Intended 4th Defendant. The full judgment of the Court of First Instance is accessible here: https://lnkd.in/gY9NJupU #DVC #DesVoeuxChambers #Casehighlight
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Victor González 欧谷国
“The mood in China is dismal. Indicators of domestic and foreign sentiment — household consumption, private investment and inflows of foreign capital — have been anaemic. Property values continue to fall and the stock market is in the doldrums, both reflecting and feeding into the sense that the economy is rudderless and that the government either doesn’t understand the gravity of the situation or doesn’t have a plan to stem the rot. Or both. The third plenum of the Chinese Communist party’s Central Committee, a major meeting that typically sets out a road map for economic policies in each five year cycle, is set to take place next week. The government had been expected to lay out a clear policy agenda and specific reforms, in addition to offering short-term stimulus to support growth. Those hopes might be dashed. Chinese Premier Li Qiang recently spoke about dealing with the symptoms as well as root causes of the current problems. But he offered few remedies.” “The plenum will no doubt yield rote statements about further reform and opening up. Those will land with a thud if the government fails to reinvigorate market-oriented reforms. The government is resisting the clamour for monetary and fiscal stimulus, for fear of creating financial risks and adding to its debt burden. To boost the economy after the pandemic, Beijing did issue a sizeable quantity of long-maturity government bonds to finance infrastructure and other spending. The central bank has eased monetary policy moderately, but credit growth remains weak. Private firms are not eager to invest in an uncertain environment. The government has also stimulated production in selected industries. Support has boosted sectors such as green energy and electric vehicles, which fits the goal of technological upgrading of manufacturing. Getting households to consume more, when their confidence is at a low ebb and they see their homes and stock market investments falling in value, has proven a tough.” “The focus on large scale capital-intensive manufacturing has limited employment growth, further restraining consumption. With consumption falling behind the rise in production capacity, deflationary pressures are proving persistent. As China tries to export its way out of its problems, trade tensions with other countriesare ratcheting up, adding to the gloom. The banking system looks sound but is not channelling resources to the more productive parts of the economy. Banks have little incentive to lend to small and medium sized enterprises, including in the service sector. Fixing incentives, along with broader capital market development, is a major priority. Local governments are under financial duress. They account for a large share of overall spending while the central government collects most tax revenues. This model, which was already broken, has become unsustainable. China’s current problems are both cyclical and structural, and action is needed on multiple fronts.”
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APSA
“2024 Colloquium on International Law” Organised by: Asian Academy of International Law Date: 5 July 2024 (Friday), 9:00-17:00 HKT Venue: Hong Kong Convention and Exhibition Centre Fee: HK$1,000 discounted rate for APSA members (APSA members can register as AAIL member). Registration website: https://lnkd.in/guY8tfaY Guest speakers include: • Chief Executive of the HKSAR, Mr Lee Ka-chiu John GBM SBS PDSM PMSM • Commissioner Cui Jianchun of the Ministry of Foreign Affairs of the PRC in the HKSAR • Consul General, seasoned legal professionals, business leaders and scholars The ‘Five Principles of Peaceful Coexistence’ have become the general principles of international law and the basic norms of contemporary international relations. To commemorate the 70th Anniversary of its pronouncement, this Colloquium sets out to reflect and deliberate on Asia’s contribution in the past and the future with three foci: • Belt and Road Initiative Guided by the principle of ‘Shared Consultation, Shared Contribution, and Shared Benefits’, experts will look into how it serves as a significant driving force for the development of China, developing countries as well as the world at large, aptly embodying the principle of equality and cooperation for mutual benefit. • Partnership in Trade Relation In order for cross-border commercial transactions to be conducted smoothly, businesses to forge partnerships, and enterprises to develop and prosper, experts will discuss how all of those rely on multilateral agreements established among States by upholding the principle of equality and cooperation for mutual benefit and thereby guaranteeing a transparent, equitable and predictable business environment. • Mediation In the face of unprecedented challenges in international world order, speakers will share their experience in the use of mediation as a non-adversarial, conciliatory means to address differences and disputes, epitomising the principle of peaceful coexistence in handling international relations and promoting peaceful dialogues.
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Centre for Comparative and Public Law at the University of Hong Kong
📃 Read the book chapter by Prof. Hualing Fu, Centre for Comparative and Public Law at the University of Hong Kong fellow, examining the unique role that grassroots residential social organisations in #China have played in supporting and enforcing #pandemic control measures. Full text: https://lnkd.in/gJ-tJnBT
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Temple Chambers
Court of Appeal explains law on notional add-back in ancillary relief proceedings In LCC v LTLA [2024] HKCA 406, the Court of Appeal clarified the law on the court’s jurisdiction to notionally add back wantonly and recklessly dissipated sums into a matrimonial pot. The judgment concerns an appeal from an ancillary relief judgment handed down on 24 June 2022 by Au-Yeung J (“Judge”), where the Husband (“H”) was ordered to pay the Wife (“W”) a lump sum of HK$292m. At trial, W said H incurred around HK$96.59m in gambling losses (“Gambling Losses”) after parties separated. W sought to have those Gambling Losses notionally added back into the matrimonial pot on grounds that H had wantonly and recklessly dissipated them. H said the Gambling Losses should not be added back because (i) W condoned his gambling; (ii) he only suffered HK$29.687m in gambling losses, not HK$96.59m; and (iii) in any event, HK$24,039,689 should be deducted from the Gambling Losses, because that amount was spent on various items, not lost to gambling. The Judge found that H’s evidence on the Gambling Losses was particularly unreliable, and rejected it. Her Ladyship went on to add back the Gambling Losses to the pot. H appealed. His appeal was primarily against the Judge’s decision to add back the Gambling Losses. Allowing the appeal, the Court of Appeal held that notional add-backs must be cautiously made, and an amount can only be notionally added back if there is clear evidence that it has been dissipated. There was no clear evidence that there had been wanton and reckless dissipation of the Gambling Losses by H. The full judgment can be viewed here: https://lnkd.in/d-iJcr9F Bernard Man SC and Cristian Tsang, instructed by Chaine Chow & Barbara Hung, acted for the Petitioner. Theresa Chow also acted for the Respondent Husband in the proceedings below.
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American Bar Association International Law Section
✨ Save the Date for the Section's 2025 Asia-Pacific Conference! February 26 - 28, 2025, (Singapore Management University), SMU Yong Pung How School of Law. Theme: Connecting the Asia-Pacific and the World: Emerging Legal Challenges and Opportunities. Details coming soon, including the preliminary agenda, hotel information, and sponsorship opportunities. #singapore, #asiapacific
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MinterEllison LLP Hong Kong
On 13 March 2024, the Court of First Instance of the High Court ("Court") in A v B and others [2024] HKCFI 751 refused to enforce an arbitral award on the ground that the arbitrator had failed to give reasons. Please find below a detailed analysis accompanying the article, authored by our Partner, Nathan Dentice, and trainee solicitor, Celine Chen, for further information. #MinterEllisonLLP #Disputeresolution #Internationalarbitration
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Withersworldwide
On 5 July 2024, the Court of Appeal overturned the District Court's decision in a court case which involves application of the intra-group stamp duty relief pursuant to section 45 of the Stamp Duty Ordinance. In this article, Deirdre Fu, Daniel Tang and Joey Lau examine the implication of this decision in corporate and trust restructuring. Read more: https://lnkd.in/gKNeVxv3 #hongkong #corporate #trust #restructuring #stampduty
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Centre for Comparative and Public Law at the University of Hong Kong
📃 Read the article by Ying Sun (Associate Prof. at Sun Yat-sen University) and Hualing Fu (Centre for Comparative and Public Law at the University of Hong Kong fellow), examining the potential and limits of the judge quota reform in the context of incremental legal reform in a party-state. Full text: https://lnkd.in/e8UYesDS
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Rede Chambers
Horace Wong SC, JP and Kim Rooney of Rede Chambers have been invited to speak in the upcoming event “Navigating through maelstroms – aboard ODR” organised by eBRAM A., together with many other distinguished guest speakers including Thomas S.T. So JP, Chairman of eBRAM A., @The Hon CHEUNG Kwok-kwan, SBS, JP, Prof. Dr. Mohamed Abdel Wahab C.Arb, FCIArb, @Teresa Cheng GBM GBS SC JP, Sara Koleilat-Aranjo, Karl Hennessee, FRAeS, Cristian Conejero Roos, @Huawei Sun, Sharyn Ch'ang, PWC, Asia Pacific, NewLaw Gary Gao, Dr. Christopher To, Simon Chapman KC, Jane Willems and Amy Wen Wei. The details of the event are as follows: Navigating through maelstroms – aboard ODR Date: May 3, 2024 (Friday) Time: 1:30pm - 5:00pm Venue: Niccolo Room, Murray Hotel, 22 Cotton Tree Drive, Central, Hong Kong Description: Dispute resolution can be convoluted, complicated and confusing. As we try to sail through stormy disputes, Online Dispute Resolution (ODR) could be a lifeboat, but being onboard with ODR can be an unfamiliar experience. In eBRAM’s inaugural ODR Conference, we invite you to explore with us two key questions: (A) does the use of ODR help or harm the bottom line for legal practice and business; and (B) how far can AI technology be applied to arbitral award drafting and during the mediation process and still be regarded as acceptable, if at all? Please click the link for more details of the event and for registration: https://lnkd.in/gzhj7bHV #Redechambers #eBRAM #ODR #HongKong
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Denis Chang's Chambers
On 26 April 2024, the Honourable Mr Justice Coleman (the Judge in charge of the Constitutional and Administrative Law List of the High Court) handed down judgment in HCAL 1804/2023 ([2024] HKCFI 1020), allowing a judicial review of a decision (“Dismissal Decision”) made by the Secretary for the Civil Service (“Secretary”) which directed that the Applicant be punished by dismissal under section 10 of the Public Service (Administration) Order. The successful Applicant was represented by Anson Wong Yu Yat, assigned by the Director of Legal Aid. Notably, the Court remarked that at the substantive hearing on 11 April 2024, “the case was extremely well argued on both sides” ([8]). As Lord Hobhouse famously put it in 𝘔𝘦𝘥𝘤𝘢𝘭𝘧 𝘷 𝘔𝘢𝘳𝘥𝘦𝘭𝘭 [2003] 1 AC 120 at [51]: “The duty of the advocate is with proper competence to represent his lay client and promote and protect fearlessly and by all proper and lawful means his lay client’s best interests.” The present case illustrates the discharge of such duty irrespective of the conduct, opinion or belief of an individual client. The Judgment can be found here: https://lnkd.in/g6Q4FmvX Read the case note here: https://lnkd.in/gjjKHFrY #publiclaw #administrativelaw
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LAW Partnership
The Limitation Act 1953 (“Act”) is often discussed regarding the time limit imposed for civil claims to commence. In our previous article, we discussed the Federal Court decision of Julian Chong Sook Keok & Anor v Lee Kim Noor & Anor [Civil Appeal] (No. 02(f)-63-10/2021(P)). Recently, the Court of Appeal had occasion to consider a different aspect of the computation of the limitation period in Bongsor Bina Sdn Bhd v SH Builders & Marketing Sdn Bhd [Civil Appeal] (No. W-02(C)(A)-2315-12/2022). This article shall discuss the decision of the Court of Appeal in determining whether the computation of the limitation period is stopped at the point when an action is first filed at Court but is stayed under Section 10 of the Arbitration Act 2005 (“AA 2005”) or shall the limitation clock only be stopped when the required arbitration proceedings are subsequently commenced. #LAWLens #court #arbitration Read more: https://lnkd.in/dbqPpRtU
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Overheard in Asia
Is Hong Kong’s judicial system in crisis? 🍿 𝐖𝐡𝐚𝐭 𝐇𝐚𝐩𝐩𝐞𝐧𝐞𝐝? Senior foreign judges have been resigning from the Court of Final Appeal - Hong Kong’s highest court. The latest two include Lord Sumption and Lord Collins, with the former citing the “impossible political environment created by China”. For context: Hong Kong retained many attributes of the British justice system after the 1997 British handover to China, including its common law legal system. However, China’s imposition of a major national security law in 2020 and recent prosecution of pro-democracy activists have raised alarm over the city’s guaranteed freedoms. Lord Sumption stated that he had hoped that “the presence of overseas judges would help sustain the rule of law” and “it’s taken a long time to conclude that that is not realistic.” 👀 𝐖𝐡𝐚𝐭 𝐧𝐨𝐰? Will this compromise Hong Kong’s reputation for judicial independence and status as a global financial centre? Only time will tell. ** 🤫 To read the latest OIA edition: https://lnkd.in/gfSQV7af 🤫 And if you like what you're reading, subscribe to Overheard in Asia to get the latest APAC disputes & arbitration news every 2 weeks in 3 minutes! -https://lnkd.in/gHFG4gvh #arbitration #lawyer #legal #disputeresolution
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Competition Policy International
Each year, the Intellectual Property Court of the PRC Supreme People’s Court published a summary of key points of its antitrust case judgments concluded in the prior year. This article from Cheng Liu, Wu DING & 徐静 (King & Wood Mallesons) summarizes and analyzes a selection of such cases, with a view to providing useful review of the adjudication approaches of the PRC courts... #antitrust #china #competitionlaw #judgement #adjudication #peoplescourt #chinabusiness #competitionlaw
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Centre for Comparative and Public Law at the University of Hong Kong
📃 Read the article by Prof. Hualing Fu (Centre for Comparative and Public Law at the University of Hong Kong fellow) and Xianchu Zhang, offering a case study of civil litigation where a Party organ's decision or Party rules have allegedly infringed the private rights of individuals. Full text: https://lnkd.in/gttzw6k5
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