Ids Continuity of Employment 2022

Employment Law & Practice in Hong Kong is a comprehensive, current, and convenient employment law resource. The Third Edition captures the considerable developments in this area of law in the nine years since the previous edition, updated by a mostly new team of contributors comprising experienced barristers and solicitors.

• Recent enhancements to maternity and paternity rights and pay, including extended statutory leave and improved employee benefits.
• Expanded discrimination protections, with amendments to the Sex Discrimination, Disability Discrimination, Family Status Discrimination, and Race Discrimination Ordinances�now covering breastfeeding, protections against harassment in the workplace where there is no employment relationship, discrimination, and harassment on grounds of "imputation" and "association".
• Developments in implied terms within employment contracts, reflecting the latest judicial interpretations and practical applications.
• Chapter updated to address new and revised visa schemes, such as the Top Talent Pass Scheme and changes to professional admission routes, impacting recruitment and compliance for non-local employees.
• Judicial guidance on the enforceability of penalty and liquidated damages clauses in employment contracts, clarifying standards of reasonableness and proportionality.
• Updates on major case law concerning post-termination covenants, including duties of confidentiality and restrictions on competition, solicitation, dealing, and poaching.
• New guidance on employer compliance with the Personal Data (Privacy) Ordinance (PDPO), detailing obligations for handling employee data, consent, retention, and employee rights.

Criminal Procedure in Hong Kong, Third Edition is a comprehensive guide on the many and varied aspects of criminal procedure and the criminal justice system in Hong Kong.

Combining essential laws, cases and case scenarios, and Practice Directions, this title is a handy volume for criminal practitioners to bring to court. It also covers essential details of the general aspects of a criminal trial, including powers of law enforcement agencies, criminal investigations, roles of the key players and the relevant statutory and common law powers founding the entire criminal justice system in Hong Kong.

Highlights of the third edition:

• • “A consolidated, clear and practical account of recent legislative developments arising from the National Security Law and the Safeguarding National Security Ordinance, providing a structured overview of the principal updates affecting cases endangering national security. These developments are addressed where the relevant instruments confer specific powers or modify or replace existing powers, thereby furnishing readers with a ready reference to the current legal framework in this area.” – the Honourable Mr. Justice Kevin Zervos, JA.
• • Updates as a result of passage of legislations including Safeguarding National Security Ordinance (Instrument A305), Safeguarding National Security (Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region) Regulation (Instrument A305A), Safeguarding National Security (Declaration of Prohibited Places) Order (Instrument A305B), Courts (Remote Hearing) Ordinance (Cap. 654).
• • Dedicated sections in each chapter relating to cases endangering national security.
• • New sections relating to changes to Criminal Procedure Ordinance (Cap. 221) Part IV Appeals, Prison Rules (Cap. 234A), Crimes Ordinance (Cap. 200) Part XIIAA.
• • References to the latest judgments including HKSAR v Huang Ruifang [2025] HKCFA 15, HKSAR v Lam Cheuk Ting (2025) 28 HKCFAR 209, HKSAR v Ho Chi Ho & Ors [2025] HKCA 769, HKSAR v Hui Shuk Yee Cherry [2025] 4 HKLRD 376, Ma Chun Man v Commissioner of Correctional Services [2025] 3 HKLRD 832, HKSAR v Li Wang-pong, Franklin [2025] HKCFI 5486.

Since the Construction Industry Security of Payment Ordinance (Cap. 652) came into operation on 28 August 2025, Construction Industry Security of Payment Ordinance in Hong Kong is one of the first books providing readers with a comprehensive and practical guide to construction adjudication as a preferred mechanism for swift and cost-effective dispute resolution in Hong Kong. This book contains ten chapters and provides commentary that will help readers to understand the entire statutory framework including the scope and exclusions of the Ordinance, payment requirements, appointment of adjudicators, initiation and conduct of proceedings, making of determination, appeal and enforcement of determination.

Drawing on the legal references from the UK, Singapore, Malaysia, Australia, New Zealand, Ireland and Canada, this book equips professionals with the knowledge to manage payment regime, payment claims, prepare submissions, case management and understand the adjudicator's roles and powers. Whether you are a contractor, consultant, expert or legal advisor, this resource is a definitive reference for anyone involved in construction contracts and dispute resolution, and offers industry best practices on procedures and timelines to ensure compliance and strategic advantage.

Key highlights of this edition:

• A useful guide and commentary of the Construction Industry Security of Payment Ordinance (Cap. 652) from initiation of adjudication proceedings to enforcement of adjudicator determination.
• Covers legislative and adjudication case law in the UK, Singapore, Malaysia, Australia, New Zealand, Ireland and Canada.
• An essential reference for industry professionals and adjudication users with practical examples and illustrations on the proceedings and submission drafting.
• Explains the proposed rules, practice notes and guidelines of the Hong Kong Institute of Construction Adjudicators.

Maritime Law and Practice in Hong Kong, Third Edition is the definitive practitioner text on maritime law and practice in Hong Kong. Written by a team of leading maritime law practitioners and academics, the text provides comprehensive coverage of all aspects of maritime law. The book has an accessible style and clear illustrations of the latest cases from major maritime jurisdictions, international conventions, and references to the latest local issues.

What's new in this edition:

1. For ship registration, legal conditions set forth for ship registration in Hong Kong and legal rules for provisional, ownership, demise, mortgage, and other types of ship registration in Hong Kong;
2. For bareboat charter, notable amendments made in the standard contract "Barecon 2017", compared with its predecessors "Barecon 89" and "Barecon 2001";
3. For the Convention of Limitation of Liability for Maritime Claims 1976 pertaining to wreck removal expenses, the Hong Kong Court of Final Appeal decision in The Star Centurion and The Antea and the Federal Court of Australia Court of Appeal in The Goliath about the Convention of Limitation of Liability for Maritime Claims 1976 pertaining to wreck removal expenses;
4. The Marine Safety (Alcohol and Drugs) Ordinance (Cap.649) about drink and drugs boating in Hong Kong; and
5. For maritime arbitration, case statistics for key maritime arbitration centers from 2010 to 2024 including not publicly available statistics, and the divergences in approach about the governing law of arbitration agreement between Hong Kong and England and Wales under case law and statute.
6. The Star Antares [2024] 1 Lloyd's Rep 342 as to the interpretation of general average "according to York Antwerp Rules (“YAR”) 1994, or any subsequent modification thereof” under Clause 3 of the Congenbill 1994 and whether the same would incorporate the YAR 2016.
7. A complete rewritten Chapter 4 Bill of Lading with Hong Kong focus by seasoned practitioners.