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Articles by Peter So
Simultaneous band-pass Raman spectroscopy for robust noninvasive continuous glucose monitoring
Abstract The rising incidence of diabetes underscores an urgent need for accurate, user-friendly, and truly noninvasive continuous glucose monitoring (CGM). Raman spectroscopy is an attractive foundation for noninvasive CGM because it is label-free and offers direct molecular specificity to glucose.
Isotropic shrinkage of patterned vacancies enables three-dimensional nanoprecise metastructures for visible light applications
Abstract Three-dimensional metastructures with nanoscale feature sizes exhibit unique properties compared with structures with larger feature sizes, but are difficult to fabricate. Here we introduce implosion carving (ImpCarv), a method for photopatterning vacancies of complex geometry throughout materials, followed by isotropic shrinkage (>10-fold).
The Court of Appeal confirms the constitutionality of Restriction Notices issued by the Securities and Futures Commission
In its recent judgment in [2025] HKCA 595, the city’s Court of Appeal confirms the constitutionality of the Securities and Futures Commission’s (SFC) power to issue “restriction notices” (RNs), which effectively freeze assets in trading accounts at licensed corporations (LC), on the ground of public interest. The SFC is empowered under sections 204 and 205 of the Securities and Futures Ordinance (Cap.
Cleaning services cartel case concluded with HK$22 million penalty for price fixing in Housing Authority contracts worth around HK$180 million
The Competition Tribunal (Tribunal) sanctioned penalties against two cleaning services companies and their three directors-cum-shareholders, with director disqualification orders also imposed against the latter, after all respondents reached a settlement with the Competition Commission (Commission).
Former Chairman and CEO found liable for disclosure of false or misleading information and insider trading by Market Misconduct Tribunal
View PDF Authored by: Peter So and Ellie Fong In a recent long-anticipated decision by the Hong Kong Market Misconduct Tribunal (Tribunal), the Tribunal held the former chairman and former CEO of China Forestry Holdings Company Limited (Company) liable for market misconduct under the Securities and Futures Ordinance (Cap. 571) (SFO). Background The Company was listed on the Hong Kong Stock Exchange on 3 December 2009 and raised over HK$1,677.6 million through its initial public offering (IPO).
Competition Tribunal, for the first time, sanctioned relief sought against respondents in their absence
View PDF Authored by: Peter So and Victor Wong Almost nine years since the inception of the competition law regime in the jurisdiction, for the first time, relief was granted against respondents who failed to file their Response to the Originating Notice of Application (ONA) within the specified time limit pursuant to Rule 76 of the Competition Tribunal Rules (Cap. 619D) in Competition Commission v Multisoft Ltd and Ors [2024] HKCT 2.
Deacons achieves strong rankings in the 2024 edition of Benchmark Litigation Asia Pacific
We are delighted to announce that Deacons has once again achieved strong rankings across different practice areas in the 2024 edition of Benchmark Litigation Asia Pacific! Overall, we have a total of six highly-ranked practice areas and four individuals in Hong Kong.
Competition Tribunal lays down principles for restricting use and disclosure of confidential information in competition proceedings
View PDF Authored by: Peter So and Victor Wong In two recent decisions made after a joint hearing of two sets of proceedings, Mr Justice Harris, President of the Competition Tribunal (Tribunal), laid down the principles that guide the Tribunal in determining applications for orders restricting use and disclosure of confidential information (confidentiality orders) of whatever nature.
Competition Tribunal lays down principles for restricting use and disclosure of confidential information in competition proceedings
In two recent decisions made after a joint hearing of two sets of proceedings, Mr Justice Harris, President of the Competition Tribunal (Tribunal), laid down the principles that guide the Tribunal in determining applications for orders restricting use and disclosure of confidential information (confidentiality orders) of whatever nature.
Congratulations to 21 Deacons’ legal practitioners for passing the Greater Bay Area legal professional exam
We are delighted to announce that Deacons has a total of 21 Deacons’ Hong Kong legal practitioners successfully passed the Guangdong-Hong Kong-Macao Greater Bay Area Legal Professional Examination (GBA Exam) since its launch in 2021.
The Court of Appeal restores the once overthrown “Letters of No Consent” Regime
A year ago, we reported that the “Letters of No Consent” Regime (LNC regime) was held unconstitutional by the Court of First Instance in Tam Sze Leung & Ors v Commissioner of Police [2021] HKCFI 3118. The applicants sought to challenge, by way of judicial review, the decision of the Commissioner of Police (Commissioner) to issue and maintain “letters of no consent” (LNC) in respect of their bank accounts under the Organized and Serious Crimes Ordinance, Cap.455 (OSCO).
Phylogenetic relationship and comparative analysis of the main Bupleuri Radix species in China
Author Contributions Ping Wang conceived and designed the experiments, performed the experiments, analyzed the data, prepared figures and/or tables, authored or reviewed drafts of the article, and approved the final draft. Jiqing Bai performed the experiments, analyzed the data, prepared figures and/or tables, authored or reviewed drafts of the article, and approved the final draft. Xue Li performed the experiments, analyzed the data, prepared figures and/or tables, and approved the final draft.
The Importance of Inclusion of Terms to Limit Bank’s Duty of Care
The Court of Appeal’s decision in Shine Grace Investment Ltd v Citibank, N.A. and Anor [2022] HKCA 1341 is welcome news for banks and illustrates the importance of inclusion of terms to limit the bank’s duties in banking agreements.
Proper procedure in application for gagging order and Norwich Pharmacal order against a bank | Lexology
In the recent case of A1 & ANOR V R2 & ORS [2021] HKCFI 650, the Applicants are pursuing proceedings in the Cayman Islands and other jurisdictions in relation to an alleged fraud committed against a Cayman Islands exempted limited partnership, involving alleged misappropriation of over US$100 million.
CFA confirms no pre-existing legal relationship required for one to be an “agent” of another for bribery offences | Lexology
Section 9 of the Prevention of Bribery Ordinance (Cap. 201) (POBO) criminalizes corrupt transactions with agents in both public and private sectors. The first question which would come to one’s mind is, who is an “agent”? Under section 2 of the POBO, an “agent” includes “a public servant and any person employed by or acting for another”.
Can you get a Vesting Order for cyber fraud cases? | Lexology
Cyber frauds, in particular email scams, have become a common trend of crime in Hong Kong in recent years. Fraudsters use various means to deceive the victims into transferring money to unauthorised bank accounts. Upon discovery of the fraud and based on information obtained from the bank, the victim may apply for an injunction from the court to freeze the recipients’ bank accounts and if the victim is lucky enough, there will be some credit balance left to recover.
CFA’s reformulation of the test for money laundering offence | Lexology
Previously we reported on the two important Court of Final Appeal (CFA) cases of HKSAR v Pang Hung Fai (2014) 17 HKCFAR 778 and HKSAR v Yeung Ka Sing Carson (2016) 19 HKCFAR 279 in relation to the money laundering offence under s.25(1) of the Organized and Serious Crimes Ordinance (Cap.455) (OSCO). In those cases, the CFA laid down important principles for construing the meaning of “reasonable grounds to believe” in that section.
Bank’s employee convicted of bribery for soliciting profit sharing | Lexology
Hong Kong
August 28 2019 On 20 August 2019, District Court Judge Gary Lam Kar-yan handed down a confiscation order of approximately $1.46 million from a former associate director of the Hong Kong Branch of UBS AG (UBS Hong Kong), Tu Bing, who was found guilty after trial of one count of conspiracy for an agent to accept advantages, contrary to section 9(1)(a) of the Prevention of Bribery Ordinance (Cap. 201) (POBO) at the District Court on 27 October 2017 (DCCC 295/2017).
Court of Appeal confirms constitutionality of money laundering provisions | Lexology
In our 8 September 2015 newsletter, we reported a judicial review application made by Interush Limited on the constitutionality of ss. 25(1) and 25A of the Organized and Serious Crimes Ordinance, Cap. 455 (OSCO). The judicial review was dismissed by the Court of First Instance. Interush appealed the decision and the Court of Appeal again dismissed the application on 17 January 2019.
Court of Final Appeal holds that insider dealing of overseas listed securities is prohibited under section 300 of the Securities and Futures Ordinance - Lexology
Hong Kong
February 21 2019 In our March 2016 and December 2017 newsletters, we reported the respective Judgments of the Court of First Instance and the Court of Appeal in The Securities and Futures Commission v Young Bik Fung & Others (HCMP 2575/2010; CACV 33/2016). Subsequently, the 2nd to 4th Defendants (Eric, Patsy and Stella respectively) made a final appeal to the Court of Final Appeal (CFA) to seek a judgment in their favour.
The Prosecution does not have a right to reply where an unrepresented defendant gives evidence without calling any witness | Lexology
In the recent case of HKSAR v Leung Chun Kit Brandon, [2018] HKCFA 30, 4 July 2018, the Court of Final Appeal has clarified that the rule excluding the prosecution’s right of reply, where a defendant is unrepresented and who gives evidence himself but does not call any witness, applies to criminal trials in the Magistrates’ Court. It is now clear that the same rule applies to criminal trials, irrespective of the level of the Court.
Enforcing Mainland judgments in Hong Kong | Lexology
In agreements that select the PRC as the place for resolution of any disputes, it is common to see wording such as “parties should file a lawsuit at the people’s court which has jurisdiction” or “parties may file a lawsuit at the people’s court which has jurisdiction” (“應依法向有管轄的人民法院起訴” / “可以依法向有管轄的人民法院起訴”), without expressly specifying in such jurisdiction clauses whether the PRC courts are to have sole or exclusive jurisdiction (“唯一管轄權”).
Regulators’ Discovery Obligations in Disciplinary Proceedings | Lexology
It is recognised that disciplinary proceedings often involve or result in a substantial interference with the livelihood and reputation of an individual, and to that extent, they are arguably quasi-criminal in nature. This special characteristic of disciplinary proceedings has led to a line of decisions regarding what should be the extent of the discovery obligations in such proceedings, in particular whether the duty of disclosure in criminal proceedings should be adopted.
Employee’s Compelled Interview Statements to Regulators are Admissible against Employers
On 3 October 2017, the Competition Tribunal ruled in CTEA 1/2017 that statements made by employees of Nutanix Hong Kong Limited (Nutanix) and BT Hong Kong Limited (BT) during the interviews with the Competition Commission (Commission) should remain admissible against their employers in the substantive hearing.
Depth-resolved cellular microrheology using HiLo microscopy
M. C. DeSantis, S. K. Zareh, X. Li, R. E. Blankenship, and Y. M. Wang, “Single-image axial localization precision analysis for individual fluorophores,” Opt. Express 20(3), 3057–3065 (2012). [Crossref] [PubMed] X. Shi, L. Qin, X. Zhang, K. He, C. Xiong, J. Fang, X. Fang, and Y. Zhang, “Elasticity of cardiac cells on the polymer substrates with different stiffness: an atomic force microscopy study,” Phys. Chem. Chem. Phys. 13(16), 7540–7545 (2011). [Crossref] [PubMed] L. Cao, A. Wu, and G. A.
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