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HONG KONG LAWYER the OFFICIAL JOURNAL of the LAW SOCIETY of HONG KONG 香港律師會會刊 H K - L a W Y E R

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HONG KONG LAWYER the OFFICIAL JOURNAL of the LAW SOCIETY of HONG KONG 香港律師會會刊 H K - L a W Y E R 二零一四年三月 MARCH 2014 HK$280 HONG KONG LAWYER THE OFFICIAL JOURNAL OF THE LAW SOCIETY OF HONG KONG 香港律師會會刊 h k - l a w y e r . org “It used to be the case that the Chinese would avoid issues surrounding death. M Such an attitude has ARCH changed over time.” 2014 「中國人對於談論 死亡，向來都有所忌 諱。然而，這一態度 已慢慢有所改變。」 Cover Story 封面專題 Face to Face With 專 訪 BILLY MA 馬華潤律師 Veteran Probate Practitioner and Partner, Hobson & Ma 資深遺囑認證執業者兼何柏生馬華潤律師行合夥人 PROFESSIONAL PRACTICE 專 業 實 務 COMPANIES 公 司 ADMIRALTY 海 事 法 The Solicitors Disciplinary Tribunal – The New Companies Ordinance – Ship Collision Liability in Hong Kong - Reflections on Decision Making and Highlights of Some Major Changes Dawn of a New Era? Process (a Companies Registry series) 與船舶碰撞法律責任有關之香港法例的 律師紀律審裁組– 新公司條例 –主要改變概要 新紀元？ 對裁決及相關過程的檢討 (公司註冊系列) HK Lawyer Mar 2014 (Generic).ai 1 18/02/2014 14:25:01 The Business Enablers C M Y CM MY CY You’re known by the CMY K company you keep. And by the company that keeps you. We enable you to focus on growing your business Our services include: • Accounting You’re in good hands with Tricor looking after your non-core • China Entry & Consulting business support functions. • Company Formation • Corporate Governance & Company Secretarial Tricor is a global provider of integrated Business, Corporate and • Executive Search & Human Resources Consulting Investor services. As a business enabler, Tricor pro vides • Initial Public Offerings & Share Registration outsourced expertise in corporate administration, compliance and • Fund, Payroll, Treasury & Trust Administration business support functions that allows you to concentrate on what • Management Consulting you do best – Building Business. www.tricorglobal.com Member of BEA Group BARBADOS • BRITISH VIRGIN ISLANDS • BRUNEI • DUBAI UAE • HONG KONG • INDIA • INDONESIA • JAPAN • KOREA • LABUAN • MACAU • MAINLAND CHINA • MALAYSIA • SINGAPORE • THAILAND • UNITED KINGDOM www.hk-lawyer.org Hong Kong Lawyer 香港律師 The official journal of The Law Society of Hong Kong (incorporated with limited liability) 香港律師會 (以有限法律責任形式成立) 會刊 HONG KONG LAWYER www.hk-lawyer.org THE OFFICIAL JOURNAL OF THE LAW SOCIETY OF HONG KONG 香港律師會會刊 Editorial Board 編輯委員會 Chairman 主席 Huen Wong 王桂壎 Inside your March issue Jenkin SF Chan 陳少勳 三月期刊內容 Charles CC Chau 周致聰 Heidi KP Chu 朱潔冰 Steven B Gallagher Julienne Jen 任文慧 Dave Lau 劉子勁 George YC Mok 莫玄熾 Anne Scully-Hill Michele Tsang 曾憲薇 Adamas KS Wong 黃嘉晟 Cecilia KW Wong 黃吳潔華 Tony Yen 嚴元浩 THE COUNCIL OF THE LAW SOCIETY OF HONG KONG 香港律師會理事會 President 會長 Ambrose SK Lam 林新強 Vice-Presidents 副會長 Stephen WS Hung 熊運信 18 COVER STORY Thomas ST So 蘇紹聰 Council Members 理事會成員 Denis Brock 白樂德 Charles CC Chau 周致聰 Brian Gilchrist 喬柏仁 Junius KY Ho 何君堯 Angela WY Lee 李慧賢 Joseph CW Li 李超華 Michael J Lintern-Smith 史密夫 Peter CL Lo 羅志力 Billy WY Ma 馬華潤 Amirali B Nasir 黎雅明 Gavin P Nesbitt 倪廣恒 Kenneth SY Ng 伍成業 Melissa K Pang 彭韻僖 Sylvia WY Siu 蕭詠儀 黃吳潔華 Cecilia KW Wong 36 PROFESSIONAL PRACTICE Huen Wong 王桂壎 Dieter LT Yih 葉禮德 秘書長 Secretary-General 4 EDITOR’S NOTE [PDF] [HKL online] 編者的話 [PDF] [HKL online] Heidi KP Chu 朱潔冰 會長的話 Law Society’s Contact: www.hklawsoc.org.hk 6 PRESIDENT’S MESSAGE [PDF] [HKL online] [PDF] [HKL online] 與律師會聯繫 Tel: +852 2846 0500 8 CONTRIBUTORS [PDF] [HKL online] 投 稿 者 [PDF] [HKL online] 10 DISCIPLINARY DECISIONS 紀律裁決 [PDF] [HKL online] Annual Subscription 全年訂閱: HK$3,360 [PDF] [HKL online] 理事會議題 [PDF] [HKL online] Thomson Reuters 13 FROM THE COUNCIL TABLE 10/F, Cityplaza 3, Taikoo Shing, Hong Kong 14 LETTER TO HONG KONG LAWYER [PDF] [HKL 給《 香 港 律 師 》的 信 [PDF] [HKL online] Tel: +852 3762 3200 www.thomsonreuters.com 16 FROM THE SECRETARIAT [PDF] [HKL online] 律師會秘書處資訊 [PDF] [HKL online] ISSN 1025-9554 18 COVER STORY [PDF] [HKL online] 封面專題 [PDF] [HKL online] © Copyright is reserved throughout. No part of Face to Face With 專 訪 this publication can be reproduced in whole or BILLY MA 馬華潤律師 part without the express permission of the editor. Veteran Probate Practitioner and Partner, Hobson & Ma 資深遺囑認證執業者兼何柏生馬華潤律師行合夥人 Contributions are invited, but copies of work should be kept, as Hong Kong Lawyer can accept no 26 LAW SOCIETY NEWS [PDF] [HKL online] 律師會新聞 [PDF] [HKL online] responsibility for loss. 36 PROFESSIONAL PRACTICE DF] [HKL online] 專業實務 [PDF] [HKL online] The Solicitors Disciplinary Tribunal – 律師紀律審裁組– Reflections on Decision Making and Process 對裁決及相關過程的檢討 MARCH 2014 二零一四年三月 HK$280 Managing Editor 執行主編 46 CAMPANIES [PDF] [HKL online] 公 司 [PDF] [HKL online] Vince Chong 張哲寧 The New Companies Ordinance – 新《 公 司 條 例 》— [email protected] Highlights of Some Major Changes 主要改變概要 (a Companies Registry Series) (公司註冊系列） Chinese Editors 中文編輯 Natalie Lee 李頴琳 52 ADMIRALTY [PDF] [HKL online] 海 事 法 [PDF] [HKL online] 與船舶碰撞法律責任有關 Design and Production 設計及制作 Ship Collision Liability in Hong Kong - 之香港法例的新紀元？ Samson Pang 彭振生 Dawn of a New Era? Sales and Marketing Director 銷售總監 58 INDUSTRY INSIGHTS [PDF] [HKL online] 業界透視 [PDF] [HKL online] Jane Lewis 劉真美 66 CASES IN BRIEF [PDF] [HKL online] 案例撮要 [PDF] [HKL online] Translation team 翻譯組: [PDF] [HKL online] 會員動向 [PDF] [HKL online] Info Power 74 PROFESSIONAL MOVES 78 ASIDEPDF] [HKL online] 隨 筆 [PDF] [HKL online] Staff contributors 內部貢獻: 「 唯 與 人 聯 繫 ，方 能 進 步 。」 Carmen Chu 朱慧敏 “When we’re connected to others, Vivian Leung 梁靜妍 we become better people.” 摘自Randy Pausch的《最後的演講》 Rocky So 蘇衍成 Randy Pausch, The Last Lecture Special thanks to 82 CAMPUS VOICES [PDF] [HKL online] 法學院新聞 [PDF] [HKL online] Hong Kong Law Reports & Digest and 84 THE LAST WORD [PDF] [HKL online] 趣 聞 [PDF] [HKL online] Reuters News 特別感謝 香港法律彙報與摘錄 及 86 LEGAL MARKET [PDF] [HKL online] 職場資訊 [PDF] [HKL online] 路透社新聞 For marketing/promotion opportunities please contact: Gordon Ng 吳子鵬 [email protected] Tel: +852 3762 3223 For subscriptions contact: Traffic Administrator 統籌 Vivian Leung 梁靜妍 [email protected] Tel: +852 3762 3268 Publisher 出版人 Klaus Pfeifer 范梓樺 [email protected] 46 COMPANIES All information and views expressed by contributors and advertisements in Hong Kong Lawyer do not necessarily reflect the official opinion of The Law 52 ADMIRALTY Society of Hong Kong. Whilst every effort is made to ensure editorial and commercial integrity, no responsibility is accepted by the Publisher or The Law Society of Hong Kong for the accuracy of material appearing in this journal. Members are encouraged to contribute but the Editorial Board of The Law Society of Hong Kong reserves the right to publish only material it deems appropriate. 78 ASIDE • March 2014 EDITOR’S NOTE 編者的話 In October 2012 and February 2014, vessel collisions in Hong 2012年10月和2014年2月，香港發生撞船事件，令不少 Kong surprised, and perhaps even shocked, many in the city 以為在本港水域航行一向甚為安全的港人感到吃驚，甚 who thought maritime travel in local waters as safe as it could 或乎震驚。這些事故引發不同的問題，其中包括法律下 have been. The incidents threw up varying issues, including 的責任。今期其中一篇專題就以近期一宗海事案為例， liability under the law. In this month’s journal, we feature an analysis on this particular matter, based on a recent case that 為讀者分析這方面的法律，而該案正是首宗被告人被判 for the first time placed full liability on the defendants (pg. 52). 負上全部法律責任的案件(詳見第56頁)。 Elsewhere in the magazine, we talk to a veteran probate 另外，本刊邀得一名資深的遺囑認證律師與讀者探討， lawyer on an area of practice that is in the peculiar situation of 為何這個執業領域雖已漸為人所接受，即意味著業務具 being more widely accepted among individuals and families 增長潛力，但仍無法吸引新人投身這領域(詳見第23頁)。 - meaning potentially more business - while yet seemingly unable to attract new practitioners (pg. 18). 此外，今期另有兩篇專題，相信值得香港的廣大律師一 Also, there are two features that we believe will be worth a 讀：一文由公司註冊處撰文，簡述新《公司條例》的主 read for most, if not all, solicitors in Hong Kong - the first of 要變更，今期為三篇系列中的首篇(詳見第50頁)；另一文 three articles from the Companies Registry that highlight 由律師紀律審裁組執筆，為讀者剖析其決策過程(詳見第 major changes in the new companies law (pg. 46), and a piece from the Solicitors Disciplinary Tribunal that reflects on its 42頁)。 decision-making process (pg. 36). Vince Chong 張哲寧 Editor, Hong Kong Lawyer 《香港律師》編輯 Managing Editor, Sweet & Maxwell Sweet & Maxwell 執行主編 Thomson Reuters 湯森路透 [email protected] 4 www.hk-lawyer.org • March 2014 PRESIDENT’S MESSAGE 會長的話 mong the many duties as a Special Administrative Region of the A President, I consider the active People’s Republic of China under the exploration of business opportunities implementation of the concept of “One for members of the Law Society one of Country Two Systems”. Hong Kong is the most important. unique in that it enjoys being a part of China as well as being entitled to I have represented the Law Society at continue its robust legal system and to various international trade missions maintain independence of the judiciary. and events during which I have had the opportunity to meet senior government To go one step further beyond officials who formulate national promoting Hong Kong’s edge, the Law economic policies, representatives Society is exploring more effective ways President Ambrose Lam (right) and Mr We Chul-whan, of multi national corporations who to correct the market inefficiency, i.e. to President of the Korean Bar Association (left), at the Signing Ceremony for the Renewal of the Memorandum determine investment strategies match the resources to the appropriate of Understanding between the two professional bodies. as well as many other stakeholders expertise. A logical start will be to 香港律師會會長林新強律師(右)與韓國律師協會會長魏哲 煥先生(左)在兩會<諒解備忘錄>更新的簽署儀式上。 in the global legal service market. collate information on those who are One pleasant observation is that looking for investment opportunities, professional practice standards and Hong Kong solicitors enjoy a very understand their investment objectives, experiences and to assist in refining reputable status internationally as formulate how Hong Kong solicitors and strengthening their local practices.
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