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Lilian Chiang Elaine Lo Senior Partner, Deacons Partner, Head of China Practice, Mayer Brown JSM 二零一六年十二月 DECEMBER 2016 HK$280 h k - l a w y e r . org Cover Story Face to Face with Lilian Chiang Elaine Lo Senior Partner, Deacons Partner, Head of China Practice, Mayer Brown JSM 封面專題 專 訪 蔣瑞福 羅婉文 的近律師行 首席合夥人 孖士打律師行 合夥人， 中國業務主管 INSURANCE 保險 CRIMINAL 刑事法 DISPUTES 爭議 Upcoming Changes to Hong Kong’s Overview of the Law Reform Commission’s Third Party Funding for Arbitration in Corporate Governance Framework Consultation Paper on Sexual Offences involving Hong Kong: Law Reform Commission’s for Insurers Children and Persons with Mental Impairment Final Report 香港保險公司管治架構即將出現的 法律改革委員會關於《涉及兒童及精神缺損人士的 香港的第三方資助仲裁： 變化 性罪行》諮詢文件概述 法律改革委員會的最終報告書 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) HONG KONG LAWYER 香港律師會 (以有限法律責任形式成立) 會刊 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 Inside your December issue Huen Wong 王桂壎 Jenkin SF Chan 陳少勳 十二月期刊內容 Peter CH Chan 陳志軒 Heidi KP Chu 朱潔冰 Elliot Fung 馮以德 Steven B Gallagher Warren P Ganesh 莊偉倫 Minkang Gu 顧敏康 Julienne Jen 任文慧 Dave Lau 劉子勁 Byron Leung 梁東華 George YC Mok 莫玄熾 Michelle Tsang 曾憲薇 Adamas KS Wong 黃嘉晟 Tony Yen 嚴元浩 16 COVER STORY 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 Junius KY Ho 何君堯 Huen Wong 王桂壎 Peter CL Lo 羅志力 32 INSURANCE Michael J Lintern-Smith 史密夫 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 39 CRIMINAL Bonita BY Chan 陳寶儀 Mark Daly 帝理邁 CM Chan 陳澤銘 4 EDITOR’S NOTE 編者的話 Serina KS Chan 陳潔心 Warren P Ganesh 6 PRESIDENT’S MESSAGE 會長的話 Simon SC Lai 黎壽昌 8 CONTRIBUTORS 投 稿 者 Roden ML Tong 湯文龍 Secretary General 秘書長 10 FROM THE COUNCIL TABLE 理事會議題 Heidi KP Chu 朱潔冰 12 LETTER TO HONG KONG LAWYER 給《 香 港 律 師 》的 信 Law Society’s Contact: www.hklawsoc.org.hk 與律師會聯繫 Tel: +852 2846 0500 14 FROM THE SECRETARIAT 律師會秘書處資訊 Annual Subscription 全年訂閱: HK$3,360 16 COVER STORY 封面專題 Face to Face with 專 訪 Thomson Reuters Hong Kong Limited Lilian Chiang 蔣瑞福 16/F, Cityplaza 3, Taikoo Shing, Hong Kong Senior Partner, Deacons 的近律師行 首席合夥人 Tel: +852 2847 2088 Eliane Lo 羅婉文 www.thomsonreuters.com Partner, Head of China Practice, Mayer Brown JSM 孖士打律師行 合夥人，中國業務主管 ISSN 1025-9554 26 LAW SOCIETY NEWS 律師會新聞 © Copyright is reserved throughout. No part of this publication can be reproduced in whole or 32 INSURANCE 保 險 part without the express permission of the editor. Upcoming Changes to Hong Kong’s Corporate Contributions are invited, but copies of work should 香港保險公司管治架構即將出現的變化 be kept, as Hong Kong Lawyer can accept no Governance Framework for Insurers responsibility for loss. 39 CRIMINAL 刑 事 法 Overview of the Law Reform Commission’s 法律改革委員會關於《涉及兒童及精神 Consultation Paper on Sexual Offences involving 缺 損 人 士 的 性 罪 行 》諮 詢 文 件 概 述 Children and Persons with Mental Impairment DECEMBER 2016 二零一六年十二月 HK$280 Editor 編輯 44 DISPUTES 爭 議 Cynthia G Claytor Third Party Funding for Arbitration in Hong Kong: 香港的第三方資助仲裁： [email protected] Law Reform Commission’s Final Report 法律改革委員會的最終報告書 Tel: +852 2841 5775 49 INDUSTRY INSIGHTS 業界透視 Managing Editor 執行主編 Ranajit Dam 鄧文杰 59 CASES IN BRIEF 案例撮要 [email protected] Tel: +65 6870 3393 68 LEGAL MARKET 職場資訊 What’s Driving the Trend of ‘On-Demand’ 甚麼推動香港企業的「按需定制」法律服 Design and Production 設計及制作 Lawyers for Hong Kong Corporates? 務 發 展？ Samson Pang 彭振生 [email protected] 2 7 PROFESSIONAL MOVES 會員動向 Translation team 翻譯組 76 LEGAL TRIVIA QUIZ 法律知識測驗 InfoPower Tang Mei Kwan 8 7 CAMPUS VOICES 法學院新聞 Special thanks to Hong Kong Law Reports & 80 LAWYERS AT LEISURE 律師閒情 Digest and Reuters News A Feast for the Eyes 大飽眼福 特別感謝 香港法律彙報與摘錄 及 Guided tour at Sotheby’s Hong Kong Gallery 蘇富比香港藝廊導賞參觀 路透社新聞 For marketing/promotion opportunities please contact: Account Manager 客戶經理 Henry Cheng 鄭裕康 [email protected] Tel: +852 2847 2016 For subscriptions contact: Traffic Administrator 統籌 Gloria Ng 吳傲宜 [email protected] Tel: +852 2843 6415 Publisher 出版人 Amantha Chia 謝京庭 44 DISPUTES [email protected] Tel: +65 6870 3917 All information and views expressed by contributors and advertisements 68 LEGAL MARKET 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. 80 LAWYERS AT LEISURE LOOKING FOR THE LATEST LEGAL INDUSTRY NEWS, ANALYSIS AND JOBS IN ASIA? ALB is owned by Thomson Reuters, the world’s leading source of intelligent information for businesses and professionals. With its portfolio of leading titles, online services, Law Awards and In-House Legal Summits, ALB provides authoritative and unbiased insights, and unmatched networking and business development opportunities, to legal professionals throughout Asia Pacific. WWW.LEGALBUSINESSONLINE.COM E-newsletter subscription: http://tinyurl.com/9nv2j4l • ALB ASIA • WEBSITE • LAW AWARDS • ALB CHINA • DIGITAL ISSUE • IN-HOUSE LEGAL SUMMITS • CONFERENCES • MASTERCLASSES • CUSTOM EVENTS To find out more, contact Amantha Chia at [email protected] or (65) 6870 3917 • December 2016 EDITOR’S NOTE 編者的話 On 12 October 2016, the Law Reform Commission (“LRC”) issued a 2016年10月12日，法律改革委員會（"法改會"）發表 lengthy report, including a set of recommendations calling for the Hong 一篇長篇報導，包括一套建議呼籲香港政府改革法律， Kong Government to reform the law to make it clear that third party 以明確表示根據《仲裁條例》，第三方資助仲裁和相關 funding of arbitration and associated proceedings under the Arbitration 的法律程序按香港法律是允許的。在這個報告中，法改 Ordinance is permitted under Hong Kong law. In this report, the LRC recognised that third party funding has become increasingly common 會認為第三方資助在世界各地越來越常見，以及擬議改 around the world and that the proposed reforms to abolish the doctrines 革，以廢除包攬訴訟與非法挑撥訴訟等原則，是加強香 of champerty and maintenance is necessary to enhance Hong Kong’s 港作為國際仲裁中心競爭優勢所必要的，並避免被其競 competitive position as an international arbitration centre and to avoid 爭對手超越。該《爭議》文章(第47頁)在這一期論述了法 being taken over its competitors. The Disputes article (p. 44) in this issue discusses the recommendations in the LRC’s report and how they might 改會報告的建議和如何執行該等建議。 be implemented. 緊隨法改會的最終報告，11月7日新加坡的法律部向國會 On the heels of the LRC issuing their final report, on 7 November, 提交了2016年民法(修訂)條例草案，藉以允許第三方資 Singapore’s Ministry of Law submitted the Civil Law (Amendment) Bill 助仲裁，並為進一步的擴展奠定基礎。這一決定是確保 2016 to Parliament to permit third party funding in arbitration and to lay the groundwork for further expansions. It indicated that this decision was 新加坡保持競爭優勢作為國際商事爭議解決中心所作持 part of its on-going efforts to ensure Singapore maintains its competitive 續努力的一部分。這促使新加坡當地媒體宣佈，該仲裁 edge as an international commercial dispute resolution hub. This has 樞紐現已"超越"香港。 prompted some to claim that the arbitration hub has now “leapfrogged” ahead of Hong Kong. 針對這些事態發展，Burford Capital的行政總裁 In response to these developments, Christopher Bogart, Chief Executive Christopher Bogart寫了封信給《香港律師》(第12頁)。 Officer of Burford Capital, wrote a letter to Hong Kong Lawyer (p. 12). 他在信中，實質上是敦促香港效仿新加坡的做法，主張 In his letter, he essentially urges Hong Kong to follow Singapore’s 政府不僅遵循法改會的建議，消除任何含糊之處及要明 lead, advocating for the Government to not only follow the LRC’s 確允許運用訴訟資助於仲裁，還要走得更遠，擴大准許 recommendations to remove any ambiguity and explicitly allow for the use of litigation finance in arbitration, but also to go further and 訴訟資助至一般用途，包括商業訴訟。因注意過度監管 expand the sanctioned use of litigation finance generally, including in 環境會阻止資本流動，及相對於其他中心不利於香港， commercial litigation. He also expresses his support for the adoption 他還表示他支持法改會對第三方在香港資助仲裁採取的" of the LRC’s “light touch” approach to the regulation of third party 低干涉"規管方式。 funding of arbitration in Hong Kong, noting that an unduly regulatory environment would discourage capital flows and disadvantage Hong 這封信和《爭議》的文章觸及各種香港政府按建議繼續 Kong relative to other centres. 前進改革時目前要權衡的重要問題。香港政府對新加坡 Both the letter and the Disputes article touch on a variety of important 的向前邁進一步將如何應對？ 希望這一種應對方式，將 issues currently being weighed by the Hong Kong Government as it 進一步加強其在亞洲作為重要仲裁法庭的地位。我們將 considers how best to move forward with the reform proposals. How 繼續跟進和報告在這一領域的事態發展。如果你想要加 will the Hong Kong Government respond in light of Singapore’s step forward? Hopefully, in a way that will further bolster its position as a 入這個有趣的、持續的討論，請寫信給我。 premier seat of arbitration in Asia. We will continue to follow and report on developments in this space. Please write in if you would like to add to this interesting, on-going discussion. Cynthia G. Claytor Cynthia G. Claytor Editor, Hong Kong Lawyer 《香港律師》編輯 Legal Media Group Thomson Reuters Legal Media Group 湯森路透 [email protected] [email protected] 4 www.hk-lawyer.org 100 95 75 25 5 0 • December 2016 PRESIDENT’S MESSAGE 會長的話 Professional Indemnity Scheme: An Update The Professional Indemnity Scheme savings as the current PIS Rules only that a solicitor’s practising certificate (“PIS”) has been the professional make reference to a Senior Counsel; shall be suspended if he/she fails to indemnity provider of law firms in Hong (c) clarifying the existing power of the maintain PIS cover pursuant to r. 6 of Kong for nearly 30 years. It is governed Company or the Law Society to the PIS Rules; by the Solicitors (Professional Indemnity) disburse or reimburse out of the fund (e) clarifying the Company’s discretion Rules (Cap. 159M) (“PIS Rules”) and is all expenses and liabilities incurred to take over the conduct of a claim, held, managed and administered by the in the handling of claims and other which is important in cases where a Hong Kong Solicitors Indemnity Fund expenses and liabilities incurred claim may be made against a sole Limited (“Company”).
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