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Drafting Trusts and Will Trusts in the Channel Islands 3rd Edition

2022-12-13Kessler

Since the publication of the second edition in 2012 there have been a number of changes to trusts legislation in both Jersey and Guernsey. Key changes relevant to those drafting trust documents for use in both jurisdictions include: An amendment to the Trusts (Jersey) Law 1984 in 2018 Clarified the rules that may be contained in a trust instrument concerning the disclosure or information or documents concerning a trust to beneficiaries and other persons. Widened the statutory provisions concerning the accumulation of income to capital by providing that where income is not distributed, and no trust to accumulate it or power to accumulate it to capital or retain it as income applies, the income retains its character as income. This part of the amendment also confirmed that there is no time period within which a power to accumulate income must be exercised. Clarified the statutory provision concerning the reasonable security to which a trustee is entitled on retirement or distribution of trust assets or the termination of the trust where such reasonable security is provided by an indemnity. It is now clear that the “protection” of such an indemnity may now extend to, among others, officers and employees of a corporate trustee and their heirs and successors, and persons may enforce the indemnity whether or not they were parties to the original document by which the indemnity was created. Since the last edition of this book, Guernsey and Jersey have both changed their laws to permit same sex marriages, Guernsey in 2017 and Jersey in 2018. Another significant law change in both Islands since the last edition concerns capacity. The Capacity and Self-Determination (Jersey) Law 2016 came into force on 1 October 2018, replacing the previous curatorship regime and established for the first time the right of a Jersey resident to plan for the risk of future mental incapacity by enabling them to granting lasting powers of attorney for health and welfare on the one hand and for property and financial affairs on the other. Guernsey introduced lasting powers of attorney in 2022. This third Edition also draws on changes to legislation and case law in other jurisdictions which may be of relevance in Jersey or Guernsey in the future.

Format

eBook

Price

(starting at)

HKD 2,808.00

Gas and LNG Sales and Transportation Agreements 7th Edition

2023-5-31

A practical and comprehensive guide to the law and practice of structuring projects for the sale and transportation of gas and LNG, based on the author's own comprehensive experience. The discussion is augmented by three precedent agreements and a set of further clause examples which demonstrate the practical mechanics of putting the deal together. Presents a detailed, hands-on guide to the drafting, negotiation and interpretation of natural gas and LNG trading, shipping and transportation contracts Contains three new chapters on LNG Trading Platforms; MSA Terms; and Sales Contracts for Unconventional Gas Highlights the legal and commercial issues involved at each stage and advises how they should be handled in practice Offers clause-by-clause commentary on the typical provisions within gas and LNG, sales, shipping and transportation agreements Pinpoints the key issues and suggests solutions to problems that can arise Discusses the nature of gas and LNG and the contracting process Explains in detail the common components of contracts, including quality and pressure, liabilities and limitations, force majeure and dispute resolution Provides discussion on the commercialisation of natural gas in light of concerns about climate change, cleaner energy sources and the security of energy supplies Includes expertly drafted precedent agreements Covers price reviews and reopeners Written from the perspective of English law but in the light of international experience and practice

Format

eBook

Price

(starting at)

HKD 5,580.00

Hong Kong Law Journal

2023-4R. Glofcheski | A. HY Chen | J. Wong

Founded in 1971, Hong Kong Law Journal is the leading scholarly journal on the common law in Hong Kong, and the law in China in the English language. The journal also publishes comparative, jurisprudential, international, and interdisciplinary material relevant to the study of law. All contributions are refereed.

The Journal enjoys a wide circulation throughout the common law world. It is available online on a current, full text basis on Westlaw. It is indexed by Scopus, the Social Sciences Citation Index, Current Contents/Social & Behavioral Sciences, and the Index to Legal Periodicals and Books, and abstracted on the Social Science Research Network.

Format

Printed Book

Price

(starting at)

HKD 3,215.00

Oil & Gas Contracts 3rd Edition

2022-5-31

A handbook covering the law of upstream, midstream and downstream petroleum contracts. Covers standard industry documents providing the legal framework for upstream, midstream and downstream petroleum contracts, with accompanying commentary on their application to energy transactions and related matters Looks at issues relating to mineral laws, including licences, and host government and inter-governmental agreements Examines preliminary participation contracts, including agreements and concessions relating to confidentiality, area of mutual interest, joint study, joint bidding and joint wells; data trade and sharing contracts; and enforceability of reasonable endeavour and best endeavour covenants Assesses model form joint operating agreements, including contents, accounting procedure, and trust deeds Examines drilling, procurement and services contracts Discusses the principles of unitisation and unitisation agreements, and considers pooling and other joint development options, pre-unit agreements, UUOA and JOA relationships, principles of petroleum lifting and commingling, balancing agreements, title interests, allocation and attribution/substitution agreements Advises on petroleum management contracts including those for provision of petroleum processing and operational services; third party access to infrastructure, project structures for gas liquefaction and LNG regasification, contracts for terminal access and provision of services Deals with oil, gas and LNG sales contracts dealing in detail with their respective terms Goes through shipping contracts, including ship leasing, time and voyage charter-party terms, contracts of affreightment and bills of lading Addresses pipeline transportation contracts, looking at the transporter and shipper perspectives, pipeline system rules, sales and transportation contract interfaces, cross-border pipeline investment protection, agreements for pipeline crossing, proximity and tie-in, and pipeline capacity management agreements Extends coverage to interest sale and purchase contracts, including asset exchange contracts, farm out and earn out agreements, addressing pre-emption, due diligence, representations and warranties Features decommissioning and security contracts Includes contractual clauses for the construction of petroleum infrastructure Examines corporate and project finance agreements, taking into account contingent consideration, royalty deeds, volumetric production payments, reserves based lending agreements, debt prioritisation and security interests Examines options for the negotiated, arbitration and judicial resolution of disputes involving oil and gas contracts and projects, including governing law and jurisdiction provisions Covers dispute resolution New to the 3rd edition include dedicated chapters on Petroleum Royalty Agreements and Environmental, Social, and Governance (ESG) Provisions.

Format

eBook

Price

(starting at)

HKD 5,544.00

Commercial Injunctions 7th Edition, Mainwork + Supplement

2022-7-7Gee

Commercial Injunctions is regarded as the essential textbook on injunctions. It is cited in argument and judgments throughout the common law jurisdictions, including at the highest levels. The 1st Supplement brings the text fully up to date in the light of extensive new case law and legislative developments, including the UK not acceding to the Lugano Agreement. Commercial Injunctions provides: Unparalleled in-depth coverage of all aspects of injunctions Highly practical advice on how and when to obtain injunctions, how to defend against such orders and the options available Key insight into the continuing evolution of the Mareva jurisdiction preserving assets A coherent and reasoned statement of the principles applicable to injunctions generally and to injunctions for particular purposes. A one-stop source of answers to key questions

Format

Printed Book

Price

(starting at)

HKD 4,548.00

Cretney and Probert's Family Law 11th Edition

2023-7-27Probert

Cretney and Probert’s Family Law provides a clear and detailed account of this core area of law. As part of the Textbook Series, the work sets out a clear framework and seeks to explain the intricacies of the law as clearly as possible, without sacrificing the detail that is required for a proper understanding of the subject. Provides students with guidance on all the major themes and principles of family law Sets issues in their social and historical context showing students how the law has developed and its modern social significance Includes discussion of key debates and policy developments Mirrors the structure of a traditional family law course for ease of use during studies Uses cases, references and explanatory narrative to support the text New to the 11th Edition: Key legislative changes include the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, the Divorce, Dissolution and Separation Act 2020, the Domestic Abuse Act 2021, and the Marriage and Civil Partnership (Minimum Age) Act 2022. A new chapter on Cohabitation.

Format

Printed Book

Price

(starting at)

HKD 443.40

The Hong Kong Anti-Discrimination Ordinances: Commentary & Annotations (Collected Volume) Second Edition

2018-1-31H. Pun | A. Lui | M. Ramsden | B. Clift

Restructured and updated to reflect timely issues regarding legislation against discrimination, including legal rights and recognition of same-sex couples and strengthening the laws against harassment in work places, no matter the gender or sexual orientation.

The Hong Kong Anti-Discrimination Ordinances examined here include:

• Cap 480: Sex Discrimination Ordinance (SDO)

• Cap 487: Disability Discrimination Ordinance (DDO)

• Cap 527: Family Status Discrimination Ordinance (FSDO)

• Cap 602: Race Discrimination Ordinance (RDO)

THE MOST UP-TO-DATE AND AUTHORITATIVE REFERENCE GUIDE ANALYSING AND EXPLAINING HONG KONG’S ANTI-DISCRIMINATION LAWS

This new edition has been completely re-structured and revised to offer a concise, detailed section-by-section analysis of all the provisions of Hong Kong’s four Anti-Discrimination Ordinances. The relevant provisions of each Ordinance have been discussed, enhanced with:
(i) legislative amendments; (ii) recent cases, including analysis of the issues surrounding same sex marriages and transgender identity; (iii) comparative notes linking each Ordinance; and (iv) commentary on proposed law reforms.

Significant issues are reviewed and examined, including: (i) combing the four existing antidiscrimination laws into a single modernised Discrimination Ordinance; (ii) recognition and protection for persons in de facto relationships (as opposed to a heterosexual marriage); (iii) laws protecting new immigrants (i.e. Mainlanders) from discrimination; (iv) introducing new protections as the current anti-discrimination regime overlooks several grounds of discrimination; and (v) equal protection to both men and women (as as well as ‘gender x’ representing transgender and intersex people) from sexual harassment in common workplaces.

Authored by a team of experienced practitioners and academics
• Annotated by Hectar Pun, Barrister-at-Law, Denis Chang’s Chambers; Ann Lui, Barrister-at- Law, Parkside Chambers, and Michael Ramsden, Professor of Law, Chinese University of Hong Kong.
• Updated by Brendan Clift, Professor of Law, University of Hong Kong.

Presented in a clear, concise format with analysis that goes beyond the current state of legal implications under the ordinances
• Each section and subsection of the Ordinance is highlighted in the headings for easy navigation
• The concise format provides exactly what is necessary to better understand the Ordinance
• Provides analysis of anticipated legal issues that are yet to arise or which might arise as a result of the new amendments

Format

Book & eBook

Price

(starting at)

HKD 2,900.00

Investor Protection in Capital Markets - the Case of Hong Kong

2015-8-30S. Wei

Investor Protection in Capital Markets – The Case of Hong Kong focuses on the regulatory protections available to public investors who have decided to invest their money and trust in Hong Kong listed companies. This book investigates and expands upon the procedures, regulations, and enforcement mechanisms put in place to ensure investors are given adequate protection for their monies invested, with the objective to provide the public with transparent and sufficient investment information.

This publication applies the investor protection benchmarks as set out in the: (new) Companies Ordinance (Cap.622), Securities and Futures Ordinance (Cap.571), and Main Board (or General Enterprise Market (GEM) Listing Rules.

The publiaction not only analyzes regulation of issuers through the disclosure regime, regulation of intermediaries, and regulation of market misconducts but also the heatedly debated issues related to the Lehman Brothers’ minibonds saga and Alibaba’s controversial dual-share structure.

“[This publication] … is a full treatment of one of the world’s most important capital markets, the Hong Kong stock exchange, HKEx, and associated markets. It is a story of investor protection in incremental steps and over a fairly long period of time. In a single volume, the reader can find a wealth of information about the various regulatory bodies with authority over Hong Kong’s capital markets, the details of its disclosure strategies where issuers are concerned, and the treatment and regulation of intermediaries who occupy the space between issuers and investors – in this case often retail investors who constitute an unusually large fraction of the investor population. Special attention is paid to market misconduct under the Securities and Futures Ordinance (Cap.571) and to regulation of specialized markets. … [T]his book thus describes and documents one of the fastest growing industries, regulation itself.”

From the Foreword by Saul Levmore, William B. Graham Distinguished Service Professor of Law at the University of Chicago

Format

Printed Book

Price

(starting at)

HKD 1,188.00

Practical Guide to Effective Dispute Resolution: Methods and Clauses 1st Edition

2024-9-23Perova

Effective Dispute Resolution: Strategies for Lawyers, Business Managers, and Commercial Dispute Professionals In the complex world of commercial transactions, disputes are inevitable. ‘Effective Dispute Resolution’ is a guide to navigating these challenges with confidence and precision. The aim of this book is to provide practical insights into how to mitigate the economic impact of disputes and the hidden costs of litigation. This includes understanding why disputes escalate and how traditional litigation can polarise a dispute and end up destroying business relationships. The focus is on the active consideration of alternative methods that can save time, reduce costs, and preserve partnerships. The emphasis is on effective, rather than alternative, dispute resolution. Comprehensive coverage of: Drafting robust dispute resolution clauses to pre-emptively manage conflicts. Non-binding methods: negotiation, mediation, and early neutral evaluation. Binding methods: expert determination, arbitration, and litigation. Hybrid approaches: blended strategies that combine the best of all methods. Innovative perspectives: The evolution and effectiveness of online dispute resolution and remote hearings. The development and future impact of AI in dispute resolution. The psychology of dispute resolution and the importance of the human factor in effective dispute resolution. Practical tips for in-house counsel and international lawyers to resolve disputes efficiently across jurisdictions. Whether you are a seasoned dispute resolution lawyer, an in-house legal adviser, or a business manager involved in a dispute, this book offers valuable tools and strategies to achieve optimal outcomes. Drawing on the latest trends and real-world examples, ‘Effective Dispute Resolution’ serves as a comprehensive guide to mastering the art of commercial dispute management to deliver the most effective outcome.

Format

Printed Book

Price

(starting at)

HKD 1,908.00

Bermuda, British Virgin Islands and Cayman Islands Company Law, Fourth Edition

2012-12

The use of offshore vehicles for international financial transactions is flourishing and is becoming more and more popular in the Asia Pacific region. The Fourth Edition of this landmark work Bermuda, British Virgin Islands and Cayman Islands Company Law is an indispensable, practical guide to the laws of these important jurisdictions. The downturn in world economies has led to the insolvency and restructuring of many offshore entities bringing a new focus on the insolvency regimes in each jurisdiction with recent reported cases in Bermuda, BVI and the Cayman Islands. This new edition examines these major changes and provides updated analysis, commentary and template forms for a variety of actions as well as extracts of relevant regulations. The side-by-side comparison of these three jurisdictions is particularly useful for onshore practitioners or company secretaries. Experienced and respected authorship Christopher Bickley- Partner at Conyers Dill & Pearman, a leading international offshore firm in Hong Kong Fully updated to reflect major developments in these three jurisdictions: The use of private trust companies and the regulation that applies to them The development and listing of special purpose acquisition corporations (SPACs) Cayman Islands’ new merger law and new liquidation regimes Recent BVI case law on BVI shareholder dissent rights on a merger Plus new content on: Fund Litigation , Insolvency, Tax Implications and more! Provides a useful, side-by-side comparison of these jurisdictions taking into account the impact of the global financial crisis Presents updated analysis and commentary New template forms for a variety of actions Extracts of relevant regulations

Format

eBook

Price

(starting at)

HKD 4,270.00

Megarry & Wade the Law of Real Property 10th Edition

2024-3-31Dixon

Megarry & Wade provides comprehensive and authoritative coverage of all aspects of the contemporary law of real property as well as valuable information on the historical background of the law. First published in 1957, it is Sweet & Maxwell’s flagship frontlist title in this subject area – it is a clearly structured, comprehensive, and authoritative text that covers every aspect of the subject. The book examines the conventions and principles of the subject in a way that is seldom replicated elsewhere. The text covers every element of the law of real property and offers a complete explanation of the law as it stands. The text itself is divided into clearly referenced and accessible chapters – each chapter comprehensively addresses a specific area of law and has been formulated for ease of navigation and the natural flow of information to the reader. The book introduces the reader to substantive areas of law before dealing with the complex issues which can arise in relation to priorities between competing interests. Basic principles and concepts are given a full explanation and applied in greater detail in a historical, contextual, and practical manner, enabling the reader to develop a firm grasp of the subject and its key issues. It covers a broad subject but is authoritative and frequently cited. Places the development of land law in a historical context and sets out clearly the legal framework for real property, enabling practitioners to put the current law in context Covers the whole of the English law of real property, together with related subjects such as conveyancing, leases and wills and intestacy, in single volume, providing a vital tool for all property and conveyancing solicitors and barristers Provides a comprehensive examination of the rights and liabilities of landowners, setting out the legal requirements, explaining the technical issues and providing authoritative interpretation of statutes and measured analysis of relevant decisions Deals with the complex issues that can arise in relation to priorities between competing interests, highlighting potential issues and the means to resolve them Includes extensive case referencing, showing how the law can be applied in practice Incorporates the raft of recent legislation and case law that has transformed property law in England and Wales Explains the fundamentals, principles, and concepts of the law of real property, providing the ideal first point of reference to find a definitive answer on this broad subject Includes extensive case referencing, showing how the law can be applied in practice · Painstaking attention to detail Considers aspects of Land Law which other titles do not, e.g. the chapters on Wills, Perpetuities and Land Law, Settlements, Rentcharges A repository of historical material that cannot easily be found elsewhere Authoritative text frequently cited in court and drawn on by parliamentary draftsmen

Format

Printed Book

Price

(starting at)

HKD 3,432.00

Personal Injury Tables Hong Kong 2019

2019-4-30N. Sarony | W.-S. Chan | F. W.H. Chan | J. S.H. Li

1. The Chan Tables are the authoritative and court-approved tables and provide the definitive starting point for all calculations for Personal Injury compensation claims in Hong Kong.

“I agree that the Chan Tables should be accepted as the starting point in Hong Kong…”

Justice Bharwaney, Yuen Hiu Tung (No.1) [2013] 1 HKLRD 643; [2013] 2 HKC 182

2. Developments since the prior edition include the incorporation of Table E483: Projected Hong Kong Life Tables 2018-2066 to reflect the Hong Kong government’s release of updated statistical data in Hong Kong Life Tables 2011-2066, The Hong Kong Population Projections 2017-2066.

3. Personal Injury Tables Hong Kong 2019 has an interdisciplinary research team of the highest order. Neville Sarony, QC, SC is a respected and experienced personal injury practitioner in Hong Kong. Felix Chan is the Associate Professor of the Law Faculty of the University of Hong Kong. Wai-Sum Chan is a Professor of Finance at the Chinese University of Hong Kong. Johnny Li is a Professor of Actuarial Studies at the University of Melbourne, Australia, and a Professor of Actuarial Science at the University of Waterloo, Canada.

4. “These days of judicial skepticism against mathematics and actuarial science are bygone. It is now clear that our very own Chan Tables, much like the Ogden Tables in England, have become an indispensable part and the starting point of our law in this area.”

Foreword, Andrew Cheung, Permanent Judge of the Court of Final Appeal

The 2019 Personal Injury Tables contain essential reference information to facilitate lawyers researching appropriate compensation levels for losses or expenses incurred through personal injury and fatal accident cases.

The Chan Tables are the authoritative court-approved actuarial tables equivalent to the UK Ogden Tables. They provide the starting point for calculations on all Personal Injury compensation claims and are a staple in every court. They have been cited in Hong Kong Courts on numerous occasions including the Court of Appeal.

A number of key developments have occurred since the previous edition. The present 2019 edition is a response to this new data and information and includes:

• Hong Kong Life Tables 2011-2066, Demographic Statistics Section, Census and Statistics Department, Hong Kong SAR Government;

• The Hong Kong Population Projections 2017-2066, Demographic Statistics Section, Census and Statistics, Hong Kong SAR Government; and

• Table E483: Projected Hong Kong Life Tables 2018-2066.

Format

eBook

Price

(starting at)

HKD 1,000.00

Equity and Trusts in Hong Kong: Doctrines, Remedies and Institutions

2020-9-15S. Gallagher

• Discusses the worlds’ first detailed consideration of anti-Bartlett clauses by an appellate court in the Court of Final Appeal’s decision in Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 45.
• Considers the fiduciary duty of trustees including the concept of a residual fiduciary duty after Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 45.
• A chapter discussing the relationship between equity and unjust enrichment.
• Fresh consideration of the approach to property ownership disputes involving the doctrines of common intention constructive trust, proprietary estoppel, and the resurrection of the presumption of resulting trust after the privy council decisions of Marr v Collie (Bahamas) [2017] UKPC 17 and Whitlock v Moree (Bahamas) [2017] UKPC 44.
• Submission that the common law doctrine of sham should not apply to trusts, considering JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev (Pugachev v. Pugachev) [2017] EWHC 2426 (Ch)
• Considers why Hong Kong has no need of the possible new doctrine of estoppel that may be developing in England after the English Court of Appeal decision in Pennington v. Waine [2002] EWCA Civ 227.
• A chapter considering the importance of special trust jurisdictions for trust business in Hong Kong, including Cayman Islands, British Virgin Islands and Bermuda.

Format

Book & eBook

Price

(starting at)

HKD 2,200.00