A recent decision of the Hong Kong Court reaffirmed the robust approach taken by the Court in examining the enforceability of a non-compete clause in an employment context even at the interim-interim stage. A former employer has the burden of proof to adduce evidence to substantiate that a non-compete clause is reasonable and necessary for the protection of the former employer’s legitimate business interests for it to be enforceable. The Court will take a very robust approach in examining the scope of the restraint, and the specific basis of justifying a non-compete clause even at the interim-interim stage when a former employer seeks to restrain the ex-employee from joining the new employer competitor by relying on the non-compete clause in the employment agreement.

A recent decision of the Hong Kong Court reaffirmed the robust approach taken by the Court in examining the enforceability of a noncompete clause in an employment context. The Court reiterates that it will not redraft a noncompete clause for the parties, nor would it imply a term in order to save a covenant restraining an employee’s post-termination conduct.

While Hong Kong and mainland China have had anti-discrimination laws in place that protect employees from various types of discrimination at the workplace, recent developments and increasing employee awareness of their rights have led to increased focus on this area. Whilst Singapore does not currently have any workplace discrimination laws per se, there have been some recent developments.
Join us for this webinar where our employment team from Baker McKenzie Hong Kong & China, and Baker McKenzie Wong & Leow will explore the discrimination laws and regulations in China, Hong Kong and Singapore, consequences for non-compliance, and what employers need to bear in mind regarding their human resources policies.

The Hong Kong Judiciary continued to further expand the scope of remote hearings and issued various guidance notes and guidelines to facilitate the operation of remote hearings since its first initiative during the General Adjournment Period (GAP) in 2020. In response to the fifth wave of COVID-19 in early 2022, the Judiciary implemented the second GAP on 7 March 2022 and issued its latest guidance note dated 25 March 2022 on hearing outside court rooms , which took effect on 28 March 2022. This alert provides an update on the development of remote hearings in Hong Kong.

Boardroom battles are becoming more common in Hong Kong, particularly in a listed company context. A recent Court of First Instance judgment sets out some reminders of the cardinal principles which an applicant in a boardroom battle should observe in an ex parte application, particularly those involving an order restraining another party from exercising voting rights at a company’s general meeting.

In this series of podcasts, our Baker McKenzie speakers explore the challenges and risks encountered by businesses amidst the constantly changing legal and regulatory landscape. We share insights around the various legal and compliance issues which will be illustrated with a factual scenario. The series will include topics relating to…

As the 2019 Novel Coronavirus (COVID-19) continues to spread across the world, and governments and health authorities work tirelessly to defeat it, major economies, including China, are experiencing mounting pressure as consumer spending, production and investment are drastically curtailed due to virus-related risks. Subsequently many companies are therefore also facing…

The Court of Final Appeal in Hong Kong confirms money laundering offence does not require actual knowledge nor does the property need to be actual proceeds of crime.