Timothy Shaw

Jul 29, 2024 | lexology.com | Jojo Fan |Rachael Shek |Veronica So |Timothy Shaw |Cheryl Mok

The recent Court of Final Appeal (the "CFA") case of China Life Trustees Limited v China Energy Reserve and Chemicals Group Overseas Company Limited [2024] HKCFA 15 provides an authoritative and thorough analysis of the principles governing whether a Quistclose trust arises in relation to intra-group transfer of funds, highlighting potential pitfalls faced by creditors.

Jul 19, 2023 | mondaq.com | Gareth Thomas |Rachael Shek |Jojo Fan |Timothy Shaw

Following the Hong Kong Court of Appeal's decision in Tam Sze Leung & Ors v Commissioner of Police [2023] HKCA 537 (discussed in our previous blog post here), the constitutionality of "letters of no consent" (LNC) appears to be settled for the time being. The Court of Appeal held that the Police's issuance of LNCs did not amount to any informal, unregulated – and unconstitutional – asset freezing power.