Glenn Haley
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Articles by Glenn Haley
HK Court Refuses Borrower's Challenge To Enforcement Of Arbitral Award In Favour Of Moneylender
In CCC v AAC [2025] HKCFI 29871, Sir William Blair2, sitting as Deputy High Court Judge in the Hong Kong Court of First Instance ("Court"), rejected a borrower's challenge to the enforcement of an arbitral award in favour of a moneylender. In doing so, the Court made some interesting observations in respect of certain procedural aspect of the case, in particular relating to the importance of giving proper notice of the arbitration.
HK's Proposed Legal Framework For Online Hailing Hire Cars
HK's Proposed Legal Framework For Online Hailing Hire Cars While it might take some time for the Government to produce a bill to set out its legislative proposal, the Legislative Council discussion papers prepared by the Government stated that the future regulatory framework... Hong Kong Corporate/Commercial Law To print this article, all you need is to be registered or login on Mondaq.com.
HK Court refuses borrower’s challenge to enforcement of arbitral award in favour of moneylender
In [2025] HKCFI 2987[1], Sir William Blair[2], sitting as Deputy High Court Judge in the Hong Kong Court of First Instance (“Court”), rejected a borrower’s challenge to the enforcement of an arbitral award in favour of a moneylender. In doing so, the Court made some interesting observations in respect of certain procedural aspect of the case, in particular relating to the importance of giving proper notice of the arbitration.
HK’s Proposed Legal Framework for Online Hailing Hire Cars | JD Supra
Summary Earlier this month, the Hong Kong Government unveiled its long-anticipated legislative proposal to regulate online hailing hire car services. This legislative proposal will pave the way to remove the legal uncertainty surrounding online hailing hire car services (“Services”) and improve personalised point-to-point transport services in Hong Kong.
HK Security Of Payment Ordinance - New Rules Regarding Setting Aside And Enforcement Of Adjudication Determinations
On 11 July 2025, the Hong Kong Government gazetted the Construction Industry Security of Payment Rules ("Rules")1. The Rules, made by the Chief Judge of the High Court under section 50 of the Construction Industry Security of Payment Ordinance (Cap 652) ("SOP Ordinance"), provide the practice and procedure to be followed in respect of applications to set aside or enforce a determination made in adjudication proceedings ("Applications") under sections 48 and 49 of the SOPOrdinance.
HK Security of Payment Ordinance - New Rules Regarding Setting Aside and Enforcement of Adjudication Determinations | JD Supra
Key provisions The key provisions under the Rules are summarised below: Applications should be made to the Court of First Instance if the adjudicated amount is more than HK$3 million, or to the District Court if the adjudicated amount is less than HK$3 million. In determining the adjudicated amount, the amount of accrued interest (if any) should be included.
HK Court Confirms Jurisdiction Of Arbitral Tribunal In Cayman-related Dispute
Summary In PI 1 and PI 2 v MR 1, the Hong Kong Court of First Instance (“Court”) dismissed the plaintiffs' application to set aside an arbitral tribunal's decision that it did have jurisdiction to hear a dispute. It is noteworthy that in this case, the Court applied a Privy Council decision on Cayman Islands law in determining whether the claims brought against a Cayman Islands company, in an arbitration seated in Hong Kong, were arbitrable. There were good reasons for this, as explained below.
HK Competition Commission's First Prosecution For Failing To Attend Interview
In May 2025, for the first time since the enactment of the Competition Ordinance (Cap 619) ("Ordinance"), the Hong Kong Competition Commission ("Commission") prosecuted a person for failing to attend an interview before the Commission1in the recent investigation on the Aberdeen Wholesale Fish Market ("Fish Market").
HK Competition Commission’s First Prosecution for Failing to Attend Interview | JD Supra
In May 2025, for the first time since the enactment of the Competition Ordinance (Cap 619) (“Ordinance”), the Hong Kong Competition Commission (“Commission”) prosecuted a person for failing to attend an interview before the Commission[1] in the recent investigation on the Aberdeen Wholesale Fish Market (“Fish Market”).
HK Court Confirms Jurisdiction of Arbitral Tribunal in Cayman-Related Dispute | JD Supra
In PI 1 and PI 2 v MR [1], the Hong Kong Court of First Instance (“Court”) dismissed the plaintiffs’ application to set aside an arbitral tribunal’s decision that it did have jurisdiction to hear a dispute. It is noteworthy that in this case, the Court applied a Privy Council decision on Cayman Islands law in determining whether the claims brought against a Cayman Islands company, in an arbitration seated in Hong Kong, were arbitrable. There were good reasons for this, as explained below.
Revisiting Vesting Orders In Internet Scam Cases
In our previous article titled Fraud Cases: Hong Kong Court's Jurisdiction on the Grant of Vesting Orders, our team discussed the remedy of vesting orders in providing relief to victims of internet fraud in recovering their assets that have been siphoned away by fraudsters.
Revisiting Vesting Orders in Internet Scam Cases | JD Supra
In our previous article titled Fraud Cases: Hong Kong Court’s Jurisdiction on the Grant of Vesting Orders, our team discussed the remedy of vesting orders in providing relief to victims of internet fraud in recovering their assets that have been siphoned away by fraudsters.
Substituted Service Of HK Judicial Documents In Mainland China
Given Hong Kong's status as a special administration region of China, there are in place special arrangements for the mutual service of judicial documents between the two jurisdictions.
Hong Kong High Court Grants Injunction To Enforce Restrictive Covenants
In two separate decisions in April 20251, the Hong Kong High Court first refused, but then allowed, an IT company's application for an interlocutory injunction to enforce post-termination restrictive covenants against its former employee and his newly set-up rival company. The plaintiff ("P") carried on the business of offering IT support for event and exhibition organizers.
Hong Kong High Court Grants Injunction to Enforce Restrictive Covenants | JD Supra
In two separate decisions in April 2025[1], the Hong Kong High Court first refused, but then allowed, an IT company’s application for an interlocutory injunction to enforce post-termination restrictive covenants against its former employee and his newly set-up rival company. Background The plaintiff (“P”) carried on the business of offering IT support for event and exhibition organizers.
Construction Industry Participants Beware: CISG and CISOP and Their Impact on Overseas Procurement
By: Glenn Haley & Horace Pang (Bryan Cave) Get the Full Story Complete the form to unlock this article and enjoy unlimited free access to all PYMNTS content — no additional logins required. yesSubscribe to our daily newsletter, PYMNTS Today. By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions.
Hong Kong Stablecoins Bill Passed By LegCo
Stablecoins1 are cryptocurrencies with values tied to fiat currencies or other assets, and are often said to be "pegged to" a single or a basket of fiat currents and/or other assets.2 Given the capacity of stablecoins to maintain stable value relative to some real world assets, the Hong Kong Government has expressed the view that stablecoins have potential to develop into a widely accepted means of payment and to be incorporated into the mainstream financial system, but that this in turn...
Construction Industry Participants Beware: CISG And CISOP And Their Impact On Overseas Procurement
It is common for construction industry participants to source various machinery, materials or components from overseas for construction projects in Hong Kong, or to have part of the construction and fabrication or assembly works carried out outside Hong Kong before transporting them into Hong Kong. There are two pieces of recent legislation that have a potential impact on these "overseas" procurement activities. They are (i) the Sale of Goods (United Nations Convention) Ordinance (Cap.
Construction Industry Participants Beware: CISG and CISOP and Their Impact on Overseas Procurement | JD Supra
It is common for construction industry participants to source various machinery, materials or components from overseas for construction projects in Hong Kong, or to have part of the construction and fabrication or assembly works carried out outside Hong Kong before transporting them into Hong Kong. There are two pieces of recent legislation that have a potential impact on these “overseas” procurement activities. They are (i) the Sale of Goods (United Nations Convention) Ordinance (Cap.
Hong Kong Stablecoins Bill passed by LegCo | JD Supra
Stablecoins[1] are cryptocurrencies with values tied to fiat currencies or other assets, and are often said to be “pegged to” a single or a basket of fiat currents and/or other assets.[2] Given the capacity of stablecoins to maintain stable value relative to some real world assets, the Hong Kong Government has expressed the view that stablecoins have potential to develop into a widely accepted means of payment and to be incorporated into the mainstream financial system, but that this in turn...
HK Court Grants Worldwide Mareva and Appoints Interim Receivers in Aid of Enforcing Arbitral Awards | JD Supra
In 周惠明 v 挪信新能源科技 ( 南通 ) 有限公司 [2025] HKCFI 1503[1], the Hong Kong Court of First Instance ordered (a) that worldwide Mareva injunctions be continued, and (b) that interim receivers be appointed over the assets of the respondent and of a third party who held assets on the respondent’s behalf. Background The applicant was the creditor and the respondent was the debtor under four arbitral awards. Leave already had been granted to enforce the awards.
HK Court Grants Worldwide Mareva And Appoints Interim Receivers In Aid Of Enforcing Arbitral Awards
In 周惠明 v 挪信新能源科技 ( 南通 ) 有限公司 [2025] HKCFI 15031, the Hong Kong Court of First Instance ordered (a) that worldwide Mareva injunctions be continued, and (b) that interim receivers be appointed over the assets of the respondent and of a third party who held assets on the respondent's behalf. The applicant was the creditor and the respondent was the debtor under four arbitral awards. Leave already had been granted to enforce the awards.
HK Releases Guideline Concerning Generative AI
HK Releases Guideline Concerning Generative AI On 15 April 2025, the Hong Kong Government's Digital Policy Office published the Hong Kong Generative Artificial Intelligence Technical and Application Guideline...
HK Releases Guideline Concerning Generative AI | JD Supra
The Guideline is tailored for the following types of stakeholders: Technology developers, i.e. those who commission the development or determine the use of technology. Service providers, including platform providers who provide services with additional features and tools based on existing technology. Service users, including content creators and disseminators of generative content.
Fake Legal Authorities - AI Hallucination Or Professional Negligence?
Artificial intelligence ("AI") has the potential to make significant changes to various aspects of the practice of law. It is possible that many lawyers will incorporate AI in doing legal work, one way or the other and to some degree or other, in the foreseeable future. However, while AI is a powerful tool at lawyers' disposal, work generated by AI can contain errors, and AI has the potential to "hallucinate", i.e. make up false information or something that does not in fact exist.
Fake Legal Authorities – AI Hallucination or Professional Negligence? | JD Supra
Artificial intelligence (“AI”) has the potential to make significant changes to various aspects of the practice of law. It is possible that many lawyers will incorporate AI in doing legal work, one way or the other and to some degree or other, in the foreseeable future. However, while AI is a powerful tool at lawyers’ disposal, work generated by AI can contain errors, and AI has the potential to “hallucinate”, i.e. make up false information or something that does not in fact exist.
HK Proposes Changes To The "Continuous Contract" Rule Under Employment Ordinance
The Hong Kong Government has proposed to change the "continuous contract" requirement under the Employment Ordinance (Cap 57) ("EO") from the current "4-18" requirement to a more relaxed "4-17" or "4-68" requirement. Hong Kong Employment and HR To print this article, all you need is to be registered or login on Mondaq.com. This Article is not live.
Abolition Of MPF Offsetting Mechanism In Hong Kong - Key Action Points For Hong Kong Employers
From 1 May 2025, in respect of Hong Kong's MPF scheme, the MPF offsetting mechanism will be abolished, meaning that employers no longer will be able to use the accrued benefits of their mandatory contributions ... Hong Kong Employment and HR To print this article, all you need is to be registered or login on Mondaq.com. This Article is not live.
Abolition of MPF Offsetting Mechanism in Hong Kong | JD Supra
From 1 May 2025, in respect of Hong Kong’s MPF scheme, the MPF offsetting mechanism will be abolished, meaning that employers no longer will be able to use the accrued benefits of their mandatory contributions under the Mandatory Provident Fund (“MPF”) scheme to offset employees’ severance payments (“SP”) and long service payments (“LSP”).
HK Proposes Changes to the “continuous Contract” Rule Under Employment Ordinance | JD Supra
The Hong Kong Government has proposed to change the “continuous contract” requirement under the Employment Ordinance (Cap 57) (“EO”) from the current “4-18” requirement to a more relaxed “4-17” or “4-68” requirement. The current “4-18” rule Under the current rules, an employee is regarded as being engaged under a “continuous contract” if employed by the same employer continuously for four weeks or longer, having worked for 18 hours or more per week.
"Battle Of The Forms" In The Hong Kong Construction Industry
What lawyers call a "battle of the forms" occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma: which side's standard form applies to the transaction?
Does "Back To Back" Mean "Pay When Paid" In Construction Contracts?
In Sze Fung Engineering Limited v Trevi Construction Company Limited [2025] HKCA 2781, the Hong Kong Court of Appeal ("CA") ruled that the "back to back" wording in that case was not a "pay when paid" clause, but governed only the timing of payment. These proceedings arose out of a construction project to build a new combined gas turbine unit. The plaintiff was a sub-sub-contractor ("SSC") and the defendant was the sub-contractor ("SC").
Hong Kong Court Makes Security For Costs Order Against Mainland Parties With No Assets In Hong Kong
Summary In Y and Another v GI and Another [2025] HKCFI 13171, the Hong Kong Court of First Instance ("Court") allowed the defendant's application for security for costs against the plaintiffs in respect of the plaintiffs' application to set aside an arbitral award. In doing so, the Court found that the plaintiffs were resident outside Hong Kong, had no assets available in Hong Kong and the setting aside application had little prospect of success.
"Battle of the Forms” in the Hong Kong Construction Industry | JD Supra
Introduction What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma: which side’s standard form applies to the transaction?
Does “Back to Back” Mean “Pay When Paid” in Construction Contracts? | JD Supra
In Sze Fung Engineering Limited v Trevi Construction Company Limited [2025] HKCA 278[1], the Hong Kong Court of Appeal (“CA”) ruled that the “back to back” wording in that case was not a “pay when paid” clause, but governed only the timing of payment. Background These proceedings arose out of a construction project to build a new combined gas turbine unit. The plaintiff was a sub-sub-contractor (“SSC”) and the defendant was the sub-contractor (“SC”).
Hong Kong Court Makes Security for Costs Order Against Mainland Parties With No Assets in Hong Kong | JD Supra
In Y and Another v GI and Another [2025] HKCFI 1317[1], the Hong Kong Court of First Instance (“Court”) allowed the defendant’s application for security for costs against the plaintiffs in respect of the plaintiffs’ application to set aside an arbitral award. In doing so, the Court found that the plaintiffs were resident outside Hong Kong, had no assets available in Hong Kong and the setting aside application had little prospect of success.
Does Without Prejudice Privilege Apply to Reports Prepared by Third Parties? | JD Supra
The without prejudice (“WP”) rule generally prevents statements made in a genuine attempt to settle an existing dispute from being put before the court as evidence. Usually, these statements are made in communications between the opposing parties to a dispute. Can WP privilege attach to documents produced by third parties who are not parties to the dispute?
AI In IA
Ask a trained lawyer what an "LLM" is, and what first will come to mind may be a "Master of Laws"; ask a tech-savvy teenager what an "LLM" is, and they most probably will answer "large language model". The former may not be a prerequisite to becoming a qualified lawyer, but knowledge of the latter likely will be crucial for legal practitioners in the coming years. LLMs / Generative AI are on the rise. OpenAI ChatGPT. Microsoft Copilot. Anthropic Claude. Meta AI Llama. Perplexity. Google Gemini. xAI Grok.
AI in International Arbitration: CIARB Guideline on the Use of AI in Arbitration (2025) | JD Supra
Ask a trained lawyer what an “LLM” is, and what first will come to mind may be a “Master of Laws”; ask a tech-savvy teenager what an “LLM” is, and they most probably will answer “large language model”. The former may not be a prerequisite to becoming a qualified lawyer, but knowledge of the latter likely will be crucial for legal practitioners in the coming years. LLMs / Generative AI are on the rise. OpenAI ChatGPT. Microsoft Copilot. Anthropic Claude. Meta AI Llama. Perplexity. Google Gemini. xAI Grok.
HK Court Relies On Deemed Service Clause To Dismiss A Setting-Aside Application To Enforce An Arbitral Award
In CC v AC [2025] HKCFI 855 (Date of Decision: 27 February 2025), the Hong Kong Court of First Instance ("Court") dismissed an application to set aside an order to enforce an arbitral award. The main basis of challenge to the award had been that the Defendant alleged that it had not been given notice of the appointment of the arbitrator or of the arbitral proceedings.
HK Court Rules That Gig Delivery Driver Was Not An Employee
With the continued prevalence of the "gig economy", a common question that arises is whether "gig workers" are employees or independent contractors of the digital platform. One of the reasons why this distinction is important is because it is only employees that enjoy the rights conferred upon employees under various laws, including the Employee Compensation Ordinance (Cap 282) ("ECO").
HK Court Relies on Deemed Service Clause to Dismiss a Setting-aside Application to Enforce an Arbitral Award | JD Supra
In CC v AC [2025] HKCFI 855 (Date of Decision: 27 February 2025), the Hong Kong Court of First Instance (“Court”) dismissed an application to set aside an order to enforce an arbitral award. The main basis of challenge to the award had been that the Defendant alleged that it had not been given notice of the appointment of the arbitrator or of the arbitral proceedings.
HK Court Rules That Gig Delivery Driver Was Not an Employee | JD Supra
With the continued prevalence of the “gig economy”, a common question that arises is whether “gig workers” are employees or independent contractors of the digital platform. One of the reasons why this distinction is important is because it is only employees that enjoy the rights conferred upon employees under various laws, including the Employee Compensation Ordinance (Cap 282) (“ECO”).
"Dividing Line" In Public Policy - Insolvency And Arbitration
A creditor commences winding-up proceedings against a debtor company on the basis that the company is insolvent. The petition debt relates to a dispute within the ambit of the arbitration agreement between the creditor and the debtor. Should the Court either:- Uphold the parties' agreement to arbitrate (and stay / dismiss the winding-up); or Allow the creditor to continue to pursue the debt in winding-up proceedings?
“Dividing Line” in Public Policy - Insolvency and Arbitration | JD Supra
A creditor commences winding-up proceedings against a debtor company on the basis that the company is insolvent. The petition debt relates to a dispute within the ambit of the arbitration agreement between the creditor and the debtor. Should the Court either:- Uphold the parties’ agreement to arbitrate (and stay / dismiss the winding-up); or Allow the creditor to continue to pursue the debt in winding-up proceedings?
Getting The Ball Rolling: Sports Disputes Resolution In Hong Kong SAR
These are exciting times for sports in Hong Kong. With the Hong Kong team's success at the 2024 Paris Summer Olympics and Summer Paralympics, the opening of the Kai Tak Sports Park and the 15thNational Games (which Hong Kong is co-hosting together with Guangdong and Macao) in 2025, it is expected that interest in sports and the sports industry in Hong Kong will continue to grow.
“Dividing Line” in Public Policy - Insolvency and Arbitration
Summary A creditor commences winding-up proceedings against a debtor company on the basis that the company is insolvent. The petition debt relates to a dispute within the ambit of the arbitration agreement between the creditor and the debtor. Should the Court either:- Uphold the parties’ agreement to arbitrate (and stay / dismiss the winding-up); or Allow the creditor to continue to pursue the debt in winding-up proceedings?
Getting the Ball Rolling: Sports Disputes Resolution in Hong Kong SAR | JD Supra
These are exciting times for sports in Hong Kong. With the Hong Kong team’s success at the 2024 Paris Summer Olympics and Summer Paralympics, the opening of the Kai Tak Sports Park and the 15thNational Games (which Hong Kong is co-hosting together with Guangdong and Macao) in 2025, it is expected that interest in sports and the sports industry in Hong Kong will continue to grow.
Getting the ball rolling: sports disputes resolution in Hong Kong SAR
Summary These are exciting times for sports in Hong Kong. With the Hong Kong team’s success at the 2024 Paris Summer Olympics and Summer Paralympics, the opening of the Kai Tak Sports Park and the 15thNational Games (which Hong Kong is co-hosting together with Guangdong and Macao) in 2025, it is expected that interest in sports and the sports industry in Hong Kong will continue to grow.
HK Security Of Payment Ordinance: What Difference Might It Make In Practice?
Summary In Wang & Lee Contracting Ltd v Young Kwong Pui Trading as In Tech Engineering [2025] HKDC 66 (Date of Decision: 3 January 2025), the District Court ordered the court proceedings to be stayed and that the plaintiff's claims be referred to arbitration. The court's decision to grant a stay in favour of arbitration is entirely unsurprising and is consistent with Hong Kong courts' pro-arbitration stance.
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