Law Arbitration / Mediation / Litigation

Law of Injunctions in Hong Kong, 2nd Edition

By Andrew Mak
LexisNexis Hong Kong June 2018

Specifications

ISBN-13
9789888476657
Publisher
LexisNexis Hong Kong
Publication
June 2018
Format
Hardback , 724 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

Law of Injunctions in Hong Kong provides in-depth coverage and definitive guidance on the subject of both interlocutory and final injunctions.

This second edition covers a number of specific landmark cases relating to:

  • injunctions to stay the publication of the sanction imposed in disciplinary proceedings (The Registrar of the Hong Kong Institute of Certified Public Accountants v X [2017]) 
  • whether the oath required by the Constitution to be taken by all members elect of the LegCo was validly taken by the four members-elect, and whether in law they should be regarded to have declined or neglected to take the oath, and thereby be disqualified from taking up the office of a LegCo member (Chief Executive of the HKSAR v. Clerk to the Legislative Council [2017])
  • the principles of Section 21M applications (Compania Sud Americana De Vapores S.A v Hin-Pro International Logistics Ltd [2016])
  • preserving the confidentiality of the meetings of the Council of the HKU (The University of Hong Kong v Hong Kong Commercial Broadcasting Co Ltd and another [2016])
  • comity considerations between HK and Mainland courts (Sea Powerful Ii Special Maritime Enterprises (Ene) V. Bank of China Ltd [2016]).

A new chapter on intellectual property has also been included.

Table of Contents

1. History and Modern Law of Injunctions 
2. Interlocutory Injunctions
3. Perpetual Injunctions
4. Mareva Injunctions
5. Anton Piller Orders
6. Injunctions Relating to Companies
7. Quia Timet Injunctions
8. Foreign-Related Injunctions and Anti-suit Injunctions
9. Injunctions Affecting Letters of Credit, Performance Bonds and Bank Guarantees Payable on Demand or Their Proceeds
10. Injunctions to Protect Privileged Information
11. Injunctions Relating to Intellectual Property
12. Third Parties
13. Receivers
14. Contempt of Court
15. Ancillary Orders
16. Post Judgment Injunctions
17. Discharge, Variation and Second Applications
18. Appeal
19. Costs

Appendix
Forms & Practice Directions

About the Author

Andrew Mak

Andrew practises mainly in commercial and property litigation. He has appeared regularly in trials and appeals in the High Court. Before 1997 he was led to appear in the Privy Council case of Silver Mountain Investments Ltd v Attorney General of Hong Kong [1994] 1 WLR 925. He is also active in international commercial arbitration and mediation both in Hong Kong and in Mainland PRC. He has sat as Chief Arbitrator in the Shenzhen Court of International Arbitration. He is a member of panels of arbitrators, including the Hong Kong International Arbitration Centre (HKIAC), Shenzhen (SAIC), Panel of Arbitrators of SCIA Financial Arbitration Centre, Shanghai (SHIAC), Jinan Arbitration Commission, Tianjin Arbitration Commission, Nanjing Arbitration Commission and Malaysia (KLRCA). He is also a Chinese legal consultant of the PRC in Shanghai. His legal opinion has been accepted by the PRC courts. He gives lectures at the Peking University, the East China University of Politics and Law (formerly the St John University), and the Shanghai University of Finance and Economics. He has written on a number of professional works including injunctions, disciplinary & regulatory proceedings, and also administrative law. These include “Law of Injunction in Hong Kong” 2nd Ed, (2018), Conveyancing Litigation in Hong Kong (2017), Disciplinary & Regulatory Proceedings in Hong Kong, 2nd Ed, (2015), and as contributor to Halsbury‘s Laws of Hong Kong Vol 1 Administrative Law, 2nd Ed (2014), Atkin's Court Forms Hong Kong (looseleaf) Administrative Law, Administrative Appeals Board Ordinance (Annotated), Emden’s Construction Law in Hong Kong Chapter 10, Butterworths Hong Kong Building Law Handbook 4th Ed.

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