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賴文俊(有限法律責任合夥)律師行
M.C.A. LAI SOLICITORS LLP
mcalai
Dec 31, 20242 min read
After being arrested by the police, will you definitely be detained for 48 hours? How should you respond?
According to Section 52(1) of the Police Force Ordinance (Cap. 232), the Laws of Hong Kong, after arresting someone, the police must...
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mcalai
Dec 12, 20243 min read
Hong Kong National Security Law Case Analysis: "Sheep Village" Children's Book Case (HKSAR v. Lai Man-ling & 4 Others [2022] HKDC 1004)
Defendants: Lai Man-ling (D1), YEUNG Yat-yee Melody (D2), NG Hau-yi Sidney (D3), CHAN Yuen-sum Samuel (D4), and FONG Tsz-ho (D5) Charge:...
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mcalai
Dec 1, 20242 min read
Can someone sue for psychological injury in the workplace?
In the workplace, conflicts between colleagues are inevitable, particularly verbal disputes that can escalate when tempers flare. As the...
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mcalai
Nov 27, 20242 min read
Money laundering: ‘Ghost’ trades - Case: HKSAR v. Harjani Haresh Murlidhar [2019] HKCFA 47
The Court of Final Appeal revisited the mental element test for money laundering in HKSAR v. Harjani Haresh Murlidhar [2019] HKCFA 47,...
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mcalai
Nov 23, 20242 min read
Whose children are the children born by surrogate mothers?
With the advancement of assisted reproductive technology, many infertile couples have chosen surrogacy to have children. In Hong Kong,...
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mcalai
Nov 19, 20243 min read
Guilty Plea in Mitigation of Sentence
Guilty plea is one of the greatest mitigating factors in sentencing criminal proceedings. If such plea is accepted, the Court may reduce...
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mcalai
Nov 1, 20242 min read
Do Solicitors Hold Responsibility for Mortgage Title Verification?
In the case of Gain Global Corp Ltd v Fongs [2024] HKCFI 894, Justice Mr. Wilson Chan ruled against a claim of professional negligence...
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mcalai
Oct 15, 20242 min read
Legal Effectiveness of Postnuptial Agreements in Hong Kong and Mainland China
A postnuptial agreement is an agreement signed by both parties after marriage, intended to regulate the distribution of assets and the...
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mcalai
Oct 10, 20243 min read
Can the Victim Personally File a Lawsuit After Suffering from Medical Negligence?
Definition of Medical Negligence Medical negligence (also known as medical malpractice) refers to a tort in which a healthcare...
8 views0 comments
mcalai
Oct 8, 20242 min read
Judicial Review Case: TRAN VAN NAM CACV 356/2023, [2024] HKCA 567
Mr. Tran Van Nam ("the Applicant") appealed against the decision of Deputy High Court Judge K.W. Lung refusing to grant leave to the...
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mcalai
Oct 3, 20243 min read
Legal Analysis of the Hong Kong National Security Law and Case Review: The Case of Tong Ying Kit
The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, commonly...
15 views0 comments
mcalai
Sep 20, 20242 min read
Case: Eastweek Publisher Ltd & Another v Privacy Commissioner for Personal Data [2000] 2 HKLRD 83
The scope of personal data ‘collection’ is notoriously uncertain. In Eastweek Publisher Ltd & Another v Privacy Commissioner for Personal...
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mcalai
Sep 1, 20244 min read
Updates in respect of Recognition of Civil Judgement Between Hong Kong and Mainland China
In order to facilitate the cooperation between HKSAR and Mainland China Judiciary system, the Government of HKSAR and the Supreme...
5 views0 comments
mcalai
Aug 22, 20244 min read
When a learner driver hits someone, does the "Student" need to be legally responsible?
According to Section 38(2) of the Road Traffic Ordinance (Cap. 374 of the Laws of Hong Kong), "Any person who drives a vehicle on a road...
18 views0 comments
mcalai
Aug 21, 20242 min read
What is a pre-nuptial agreement?
A pre-nuptial agreement is a contract signed by a couple before marriage, stipulating their rights and obligations regarding property...
16 views0 comments
mcalai
Aug 13, 20242 min read
What are ‘fiduciary duties’ (受信責任)? Does a director owe a (positive) ‘fiduciary’ duty of disclosure?
Moulin Global Eyecare Holdings Limited v. Olivia Lee Sin Mei (2014) 17 HKCFAR 466 gives a rare opportunity to our highest court to...
25 views0 comments
mcalai
Aug 1, 20242 min read
Carrying Products made from Endangered Species into Hong Kong
A mainland Chinese man, while returning to mainland China from Papua New Guinea via Hong Kong International Airport, chose to enter Hong...
22 views0 comments
mcalai
Jul 29, 20242 min read
Fiduciary duties to the true owners of Bitcoins
Subject: cryptocurrencies; software developer; crypto fraud; money laundering; criminal law Case: Tulip Trading Ltd v Bitcoin Association...
24 views0 comments
mcalai
Jul 20, 20243 min read
"Informal" freezing the dirty money: bank’s role and police powers
Can victims of fraud seek help from the police in ‘freezing’ suspicious proceeds of crime in bank accounts? What are the sources of the...
26 views0 comments
mcalai
Jul 20, 20242 min read
The concept that "taking without asking is stealing" is incorrect?
Under Hong Kong law, the concept of "taking without asking is stealing" is not entirely accurate. According to the Theft Ordinance (Cap....
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