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Hon. David Doyle 二零一七年九月 SEPTEMBER 2017 HK$280 HONG KONG LAWYER h k - l a w y e r . org S EPTEMBER 2017 Cover Story 封面專題 Face to Face with 專 訪 Hon. David Doyle First Deemster and Clerk of the Rolls, Isle of Man 人島首席法官及司法機構首長 TORT 侵權 INSURANCE 保險 FINTECH 金融科技 Email Scams: Urgent Action for The New Hong Kong Insurance Recent Actions by US Regulators Expose Local Virtual Recovery of Funds Regulatory Regime Currency Businesses to Pandora’s Box of Legal Risks 電郵騙案：採取緊急行動以追討 香港的新保險業監管制度 美國監管機構近期所採取的行動，使得本地虛擬貨幣業 被詐騙款項 務面對潘多拉盒子裡的各樣法律風險 香 港 律 師 港 律 香 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 September issue Jenkin SF Chan 陳少勳 九月期刊內容 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 Dave CK Lau 劉子勁 Byron TW Leung 梁東華 George YC Mok 莫玄熾 Michelle KM Tsang 曾憲薇 Adamas KS Wong 黃嘉晟 Tony YH 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 Huen Wong 王桂壎 Michael J Lintern-Smith 史密夫 Billy WY Ma 馬華潤 32 TORT 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 Serina KS Chan 陳潔心 Warren P Ganesh 莊偉倫 38 INSURANCE Simon SC Lai 黎壽昌 Roden ML Tong 湯文龍 羅睿德 Robert C Rhoda 4 EDITOR’S NOTE 編者的話 Jonathan Ross 羅彰南 5 PRESIDENT’S MESSAGE 會長的話 Secretary General 秘書長 Heidi KP Chu 朱潔冰 8 CONTRIBUTORS 投 稿 者 Law Society’s Contact: www.hklawsoc.org.hk 10 FROM THE COUNCIL TABLE 理事會議題 與律師會聯繫 Tel: +852 2846 0500 律師會秘書處資訊 Annual Subscription 全年訂閱: HK$3,360 2 1 FROM THE SECRETARIAT Thomson Reuters Hong Kong Limited 16 COVER STORY 封面專題 16/F, Cityplaza 3, Taikoo Shing, Hong Kong Face to Face with 專訪 Tel: +852 2847 2088 Hon. David Doyle Hon. David Doyle www.thomsonreuters.com First Deemster and Clerk of the Rolls, Isle of Man 人島首席法官及司法機構首長 ISSN 1025-9554 © Copyright is reserved throughout. No part of 24 LAW SOCIETY NEWS 律師會新聞 this publication can be reproduced in whole or part without the express permission of the editor. 32 TORT 侵 權 Contributions are invited, but copies of work should Email Scams: Urgent Action for Recovery of 電郵騙案：採取緊急行動以追討被詐騙 be kept, as Hong Kong Lawyer can accept no Funds responsibility for loss. 38 INSURANCE 保 險 The New Hong Kong Insurance Regulatory 香港的新保險業監管制度 Regime SEPTEMBER 2017 二零一七年九月 HK$280 Editor 編輯 44 FINTECH 金融科技 Cynthia G Claytor Recent Actions by US Regulators Expose Local 美國監管機構近期所採取的行動，使得本地 [email protected] Virtual Currency Businesses to Pandora’s Box of 虛擬貨幣業務面對潘多拉盒子裡的各樣法律 Tel: +852 2841 5775 Legal Risks 風險 Managing Editor 執行主編 50 INDUSTRY INSIGHTS 業界透視 Ranajit Dam 鄧文杰 [email protected] 60 CASES IN BRIEF 案例撮要 Tel: +65 6870 3393 70 PRACTICE SKILLS 實踐技能 Design and Production 設計及制作 And/or – A Bad Case of Conjunctivitis 和/或 – 錯用連接詞的病例 Samson Pang 彭振生 [email protected] 72 PRACTICE MANAGEMENT 執業管理 Learn Your Firm’s Secrets: Conduct Exit Interviews 離職面談：曝露律師事務所的隱秘 Translation team 翻譯組 InfoPower 78 PROFESSIONAL MOVES 會員動向 Tang Mei Kwan 80 LAWYERS AT LEISURE 律師閒情 Special thanks to Hong Kong Law Reports & Turning a Slumbering Passion into a Second 興趣轉為第二事業：專訪由律師轉行為畫家 Digest and Reuters News Career: A Conversation with Mark Roberts, 的Mark Roberts 特別感謝 香港法律彙報與摘錄 及 Lawyer-turned-Painter 路透社新聞 84 LEGAL TRIVIA QUIZ 法律知識測驗 For marketing/promotion opportunities 86 CAMPUS VOICES 法學院新聞 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 Head of Legal Media business, ANA Amantha Chia 謝京庭 44 FINTECH [email protected] Tel: +65 6870 3917 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. 72 PRACTICE MANAGEMENT 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 WHERE GREAT MINDS LIVE Launching central London’s finest new development, nestled between the world famous London School of Economics and King’s College, and adjacent to Covent Garden. Show apartment now open lincolnsquare.co.uk Computer Generated Image Located in London’s historic centre, Amenities designed by Europe’s No. 1 New build with grand stone and adjacent to Covent Garden and the LSE. designer, Patricia Urquiola, including metal façade. 25m pool, gym, lounge, cinema and private dining room. Exceptionally designed 1-4 bed residences starting from £1,000,000*, with planned completion in Q4, 2018. SAVILLS SALES ENQUIRIES KNIGHT FRANK SALES ENQUIRIES T: +852 2842 4472 T: +852 2846 7418 E: [email protected] EA Co. Licence: C-002450 E: [email protected] EAA LIC NO C-013197 The market information herein has been obtained from sources we believed to be reliable but which have not been independently verified and we make no guarantee, representation or warranty as to its accuracy or completeness or correctness. No liability is accepted whatsoever for any direct, indirect or consequential loss arising from the use of this publication. This is not and should not be construed as an offer to buy or sell any landed property and, accordingly, do not have any legal binding effect whatsoever on Savills or Knight Frank and/ or its clients. This is not intended to provide any professional, investment or any other type of advice or recommendation. You should seek professional, independent and specific advice on any such investment decision. Our services are provided exclusively in relation to properties outside Hong Kong and thus our personnel are not required to hold any license pursuant to the Hong Kong Real Estate Agents Ordinance. * Prices and details correct at the time of going to press. Readers are advised to make their own enquires to verify such information. Furniture solution offer on selected units, and can be withdrawn by the developer at any time. Price refers to apartment E.107. Planning permission No.15/02027/full 210x280v3.indd 1 25/8/2017 下午4:17 • September 2017 EDITOR’S NOTE 編者的話 Do you know the real reasons why lawyers and staff are leaving your firm? 你知道律師及職員離職的真正原因嗎？他們想要更好的 Do they want a better work-life balance? Or maybe they just aren’t cut 工作與生活平衡嗎？或者也許他們不適合在你的公司工 out for the job? Should you care about the real reasons why people are 作嗎？ 你是否應該關心他們離開的真正原因？ leaving? 進行離職面談的業務理由是為了知悉和改進可能對你公 The business justification for conducting exit interviews is to learn and 司產生不利影響的系統性、組織性或人際關係問題。在 improve any systematic, organisational or interpersonal issues that may be 人性化方面，離職面談是向所有律師展示你的公司關心 adversely impacting your firm. On the softer side, exit interviews are a great 他們、他們的經驗和使公司變得更美好的地方。從離職 way to demonstrate to all lawyers that your firm cares about them, their experience and making the firm a better place. Collecting exit interview 的律師那裏收集離職面談信息是確保律師事務所的領導 information from departing lawyers is a good way to ensure law firm 者能了解他們公司發生什麽情況的好方法。為了幫助你 leaders are informed about what is happening at their firm. For tips to help 建立並充分利用“離職面談”流程的技巧，請參閱執業 you establish and get the most out of an “exit interview” process, check out 管理文章 (第74頁 )。 the Practice Management article (p. 72). 在9月號的其他地方，金融科技專欄(第47頁)研究美國監 Elsewhere in the September issue, the FinTech feature (p. 44) examines 管機構最近採取的行動，對在香港及內地經營的虛擬貨 recent actions taken by US regulators that pose myriad possible legal 幣業務造成無數可能的法律後果。保險專欄(第41頁)概 consequences for virtual currency businesses operating in Hong Kong and 述了律師和市場參與者如何積極主動地應對新的保險監 the Mainland. The Insurance feature (p. 38) outlines how solicitors and market participants can be proactive in addressing the necessary changes 管制度帶來的必要變化，因為新的「保險業監管局」於 brought about by the new insurance regulatory regime, as the new 2017年6月底正式接管「保險業監理處」，成為行業監 Insurance Authority formally took over from the Office of the Commissioner 管機構。 of Insurance as the industry’s regulatory body in late June 2017. 這還包括「實踐技能」文章(第71頁 )；其中研究了 Also included is the Practice Skills article (p. 70), which examines whether “及/或”這個結構的含義是否真的像往常的被認為是明 the meaning of the construct “and/or” is really as clear as it is often 確的，以及在草擬訴狀或其他法律文件時使用它是否一 assumed to be and whether it is a good idea to use it when drafting 個好主意。會長的話(第7頁)對香港政府提出的新法例， pleadings or other legal documents. The President’s Message (p. 5) 以便更加嚴格打擊洗錢行為，及更妥善地將本管轄權法 provides a timely and in-depth critique of the Hong Kong Government’s proposal to introduce new legislation to more stringently combat money 律與清洗黑錢財務行動特別織組頒布的全球性條例配合 laundering and better align the jurisdiction’s laws with worldwide 得更好的評論，是及時和深入的。 regulations promulgated by the Financial Action Task Force. 以輕鬆音調結束，律師閒情一欄(第82頁)特意與Mark Ending on a lighter note, the Leisure section (p. 80) features an interview Roberts進行了面談，他是由一名律師轉型的畫家，他講 with Mark Roberts, a lawyer-turned-painter, who speaks about his passion 述了他對水彩繪畫的熱情，並決定在離開法律界後再以 for painting with watercolours and his decision to pursue a second career 專業藝術家作為第二職業的追求。 as a professional artist after leaving the law.
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