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Denis Mcnamara Pedro Pais De Almeida Wiebe De Vries 二零一八年二月 FEBRUARY 2018 HK$308 h k - l a w y e r . org Cover Story 封面專題 Face to Face with 專 訪 Pedro Pais de Denis McNamara Almeida Wiebe de Vries President of IPBA President of UIA President of AIJA 太平洋地區律師公會會長 國際律師聯盟主席 國際青年律師協會會長 AVIATION LAW 航空法 LITIGATION 訴訟 CRIMINAL LAW 刑事法 Drone Regulation: A Commercial When the Mareva Fails – Too Good to Miss? Impossible to Consent? Perspective Recourse against Third Parties Rethinking the Law Related to Assaults 從商用角度看無人機法規 馬雷瓦強制令未能有效執行時 － 不可錯失的良機？不可能同意？—對襲擊 向第三方作出追索 罪相關法例的再思 This just in. arrival DTI and Epiq Systems are now Epiq — delivering new levels of scale, effi ciency and reach to legal markets and matters—around the corner and around the world. Just in time. Learn more at epiqglobal.com People. Partnership. Performance. Court Reporting | eDiscovery | Regulatory & Compliance 4247EPIQ-hong_kong_lawyer_arrival_210x280mm_03jc.indd 1 1/10/18 9:04 AM 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 Jenkin SF Chan 陳少勳 Nick Chan 陳曉峰 Peter CH Chan 陳志軒 Heidi KP Chu 朱潔冰 Elliot Fung 馮以德 Steven Brian Gallagher Warren P Ganesh 莊偉倫 Gu Minkang 顧敏康 Julienne Jen 任文慧 HAPPY YEAR OF THE DOG Dave CK Lau 劉子勁 Byron TW Leung 梁東華 Michelle KM Tsang 曾憲薇 Inside your February issue Adamas KS Wong 黃嘉晟 二月期刊內容 Tony YH Yen 嚴元浩 THE COUNCIL OF THE LAW SOCIETY OF HONG KONG 香港律師會理事會 President 會長 Thomas ST So 蘇紹聰 Vice Presidents 副會長 Melissa K Pang 彭韻僖 Amirali B Nasir 黎雅明 Council Members 理事會成員 Stephen WS Hung 熊運信 Huen Wong 王桂壎 Michael J Lintern-Smith 史密夫 18 COVER STORY Billy WY Ma 馬華潤 Cecilia KW Wong 黃吳潔華 Brian W Gilchrist 喬柏仁 Denis G Brock 白樂德 Nick Chan 陳曉峰 Bonita BY Chan 陳寶儀 Mark Daly 帝理邁 CM Chan 陳澤銘 42 VIATION A LAW Serina KS Chan 陳潔心 Warren P Ganesh 莊偉倫 編者的話 Simon SC Lai 黎壽昌 4 EDITOR’S NOTE Roden ML Tong 湯文龍 6 PRESIDENT’S MESSAGE 會長的話 Robert C Rhoda 羅睿德 Jonathan Ross 羅彰南 8 CONTRIBUTORS 投 稿 者 Secretary General 秘書長 10 DISCIPLINARY DECISIONS 紀律裁決 Heidi KP Chu 朱潔冰 12 FROM THE COUNCIL TABLE 理事會議題 Law Society’s Contact: www.hklawsoc.org.hk 與律師會聯繫 Tel: +852 2846 0500 6 1 FROM THE SECRETARIAT 律師會秘書處資訊 Annual Subscription 全年訂閱: HK$3,696 18 COVER STORY 封面專題 Thomson Reuters Hong Kong Limited Face to Face with 專訪 16/F, Cityplaza 3, Taikoo Shing, Hong Kong Wiebe de Vries Wiebe de Vries Tel: +852 2847 2088 President of AIJA 國際青年律師協會會長 www.thomsonreuters.com Denis McNamara Denis McNamara ISSN 1025-9554 President of IPBA 太平洋地區律師公會會長 Dr Pedro Pais de Almeida © Copyright is reserved throughout. No part of Pedro Pais de Almeida 博士 President of UIA this publication can be reproduced in whole or 國際律師聯盟主席 part without the express permission of the editor. Contributions are invited, but copies of work should 26 LAW SOCIETY NEWS 律師會新聞 be kept, as Hong Kong Lawyer can accept no responsibility for loss. 38 RECREATION AND SPORTS 康樂及體育委員會特寫 COMMITTEE FEATURE 42 AVIATION LAW 航空法 Drone Regulation: A Commercial Perspective 從商用角度看無人機法規 FEBRUARY 2018 二零一八年二月 HK$308 Editor 編輯 48 LITIGATION 訴訟 Navin G. Ahuja When the Mareva Fails – Recourse against Third 馬雷瓦強制令未能有效執行時－向第三方作出 [email protected] Parties 追索 Tel: +852 2841 5837 54 CRIMINAL LAW 刑事法 Managing Editor 執行主編 Too Good to Miss? Impossible to Consent? 不可錯失的良機？不可能同意？ Ranajit Dam 鄧文杰 對襲擊罪相關法例的再思 [email protected] Rethinking the Law Related to Assaults Tel: +65 6870 3393 59 INDUSTRY INSIGHTS 業界透視 Design and Production 設計及制作 69 CASES IN BRIEF 案例撮要 Samson Pang 彭振生 [email protected] 79 PRACTICE SKILLS 實踐技能 Improving Advocacy – Five Points to Think About Translation team 翻譯組 改善訟辯技巧的五個要點 InfoPower 1 8 PROFESSIONAL MOVES 會員動向 Tang Mei Kwan 7 8 LAWYERS AT LEISURE 律師閒情 Special thanks to Hong Kong Law Reports & Tuning into the Choir World Digest and Reuters News 唱出我天地 特別感謝 香港法律彙報與摘錄 及 90 CAMPUS VOICES 法學院新聞 路透社新聞 For marketing/promotion opportunities please contact: Sales Manager 銷售經理 Henry Cheng 鄭裕康 [email protected] Tel: +852 2847 2016 Shahid Mohammed-Salim [email protected] Tel: +852 2841 5844 For subscriptions contact: Traffic Administrator 統籌 Gloria Ng 吳傲宜 [email protected] Tel: +852 2843 6415 48 LITIGATION Head of Legal Media business, ANA Amantha Chia 謝京庭 [email protected] Tel: +65 6870 3917 54 CRIMINAL LAW All information and views expressed by contributors and advertisements in Hong Kong Lawyer do not necessarily reflect the official opinion of The Law 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. 87 LAWYERS AT LEISURE Overview Confirmed speakers to date* Keynote speakers Asian Legal Business invites you to join us at the • Moray Taylor-Smith, Head of Anti-Bribery Hong Kong Anti-Corruption Forum on 22 March & Corruption, Greater China and North Asia, 2018 to learn about recent regulatory updates on Standard Chartered Bank anti-corruption and anti-bribery and address key • Catherine Kardinal, General Counsel and concerns faced by legal/compliance professionals Regional Compliance Officer, Siemens Limited in safeguarding corporate reputations and • Maaike van Meer, Chief Legal & Compliance businesses. Officer,AXA Insurance Hong Kong • Bibsy Llenos-Flauta, Assistant General Counsel, Join us at this event to get regulatory updates and Citibank explore practical tips to mitigate anti-corruption • Fiona Callanan-Thorsby, Assistant General risks and delve deep into key concerns which legal/ Counsel, Head of Litigation and Regulatory compliance professionals need to address to Enquiries APAC, Bank of America William Tam, SC successfully safeguard corporate reputations and • Sasha Kalb, Vice President Compliance and Risk, Deputy Director of businesses. APAC, American Express Global Business Travel Public Prosecutions, • Vivian Chui, Regional AML and Sanctions Head of the Commercial Agenda at a glance* Advisor, BNP Paribas Hong Kong Crime and Corruption Sub-Division, • Hong Kong Government Keynote Address: The • Robinson Cheng, Chief Compliance Officer, ZTE Prosecutions Division Latest Developments in Hong Kong’s Anti- Corporation Department of Justice Corruption Law and Enforcement Trends • And more to be confirmed! • International Anti-Corruption Enforcement *Not finalized and subject to further revisions Trends and Priorities • Identifying Third Party Risks and Implementing Register Due Diligence Solutions to Mitigate these Risks www.regonline.com/hkanticorruption2018 • Corporate Transparency and Legal Compliance – How can In-House Counsels Work Better by www.legalbusinessonline.com/conferences/ Learning from Best Anti-Corruption Practices hk-anticorruption-2018 • How has U.S. FCPA Act and UK Anti-Bribery Act Influence Asian Businesses? For Speaking Opportunities • Handling Crisis Management and Safeguarding Willy Leonardi Corporate Reputation during Regulatory (65) 6870 3102 / [email protected] Sandra Moser Investigations Acting Chief, • Implementing Effective Risk Assessment For Sponsorship Opportunities Fraud Section Methodology and Monitoring Procedures in High U.S. Department of Amantha Chia Corruption Profile Businesses Justice (65) 6870 3917 / [email protected] • Corruption Pitfalls to Avoid and Useful Compliance Tips to Follow When Negotiating For Event Registration Cross-Border M&A Transactions Taranjit Kaur • Enhancing Cyber Security and Data Privacy (65) 6870 3909 / [email protected] Against Cross-Border Anti-Corruption Risks PRESENTING EXHIBITION SUPPORTING SPONSOR SPONSORS ORGANISATIONS SUPPORTING PROUDLY MEDIA PARTNER PRESENTED BY • February 2018 EDITOR’S NOTE 編者的話 I would like to start by wishing you, our readers, a Happy Chinese New 我想首先祝我們的讀者新年快樂！你也可能知道，2018 Year! As you may be aware, 2018 is the Year of the Dog which represents 年是狗年，狗是代表好運的。 luck. 這期月刋包括各種有趣和切合時宜的文章。律師會秘書處 This month’s issue comprises various stimulating and contemporary 討論人工智能對法律服務板塊的影響，並提供有關該等板 articles. From the Secretariat discusses the impact Artificial Intelligence will have on the legal services sector and provides useful statistics on 塊將受到影響的工作的有用統計數字。對於即將進入或剛 the jobs that will be affected within the sector. A question for those 剛進入法律界的人來說，有一個問題：就是機器比人類更 who are about to enter or who have just entered the legal profession: 好？我們可以利用這些科技為我們帶來好處嗎？(第16頁) are machines better than humans and can we use technology to our 繼續重點討論科技問題：考慮到現在有超過5,000架無人 advantage? (p. 16) 機在香港，如果窗外有嗡嗡聲，這可能是一架無人機， Continuing with a focus on technology, if there is a buzzing sound outside 而不是一隻蜜蜂。公共安全和個人私隱可能面臨風險。 your window chances are that it is a drone as opposed to a bee given that there are now more than 5,000 drones in Hong Kong. Public safety 然而，無人機也被用於合法的商業目的。《航空法》的特 and personal privacy might be at risk. However, drones are also used for 寫指出，現時的無人機擁有者是受《1995年飛航(香港) legitimate commercial purposes. The Aviation Law feature which points 令》(第448C章)管轄，並檢視現行法例，以及檢視從商 out that the current drone owners are governed by the Air Navigation 業角度出發、於二零一七年十二月推出的建議。(第45頁) (Hong Kong) Order 1995 (Cap. 488C), examines the existing laws as well as proposals introduced in December 2017 from a commercial 當法院批出也被稱為凍結令的「馬雷瓦」強制令時，可以 perspective. (p. 42) 假設任何第三方被送達這一強制令的，都是要向「馬雷 When a Mareva Injunction which is also known as a freezing order is 瓦」強制令的持有者承擔責任。然而，根據一個2017年 granted by the court, one would assume that any third party who is 11月在香港的判決，情況並非如此。《訴訟》專欄詳細 served with such an order owes a duty to the holder of the Mareva 審視了「馬雷瓦」的概念，以及最近的案例，該案例認為 injunction. However, that is not the case according to a judgment in Hong 第三方銀行不應該對持有人負責，並提述「馬雷瓦」在跨 Kong in November 2017. The Litigation feature examines the concept of 境糾紛中的作用。(第51頁) a Mareva in detail as well as the recent case which held that third party banks do now owe a duty to the holder and makes a reference to the 《實踐技能》部分是個人的最愛，因為該欄不僅與大家分 effect of a Marveva in cross-border disputes.
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