23 Sept: CPD Workshop on Cross-Border Civil Remedies

August 31, 2016
Category: Training & Workshops



Practicing law in Hong Kong? Join us for our upcoming CPD event, Private Remedies for International Migrant Workers in the 21st Century: A Legal Education Workshop on Cross-Border Civil Litigation.

This event will be held on Friday, 23rd September 2016, 1.00PM – 5.00PM, at Room 901 in the Cheng Yu Tung Tower, the University of Hong Kong, Pokfulam, Hong Kong.



About the Workshop

The event is co-hosted by Herbert Smith Freehills LLP and Lindsay Ernst (Lecturer, Human Rights in Practice, HKU), and is sponsored by Herbert Smith Freehills LLP.

This workshop will introduce the wide variety of private law issues that migrant domestic workers (MDW) encounter in Hong Kong and upon their return home. Recent critical updates to the law will also be introduced and discussed. Participants will then examine legal remedies available to workers, using fact patterns from actual cases. The workshop will equip pro bono lawyers with the tools needed to develop this new area of legal practice on the international level.

The event is free for attendees, but seats are limited. Preference will be given to lawyers, both locally qualified and international lawyers. Participants may claim 4 CPD Points for this workshop, provided they comply with the Law Society of Hong Kong’s CPD Attendance Policy. Please see http://www.hklawsoc.org.hk/pub_e/admission/AdmissionasaSolicitor/pdf/CPD_Information_Package_2015_02.pdf  for more information.

Contact us at rsvp@forjusticewithoutborders.org for more information.


Time Activity
1230 Registration
1300 – 1310 Introduction and Opening Remarks


Ms. Lindsay ERNST, Lecturer, The University of Hong Kong

Mr. Fergus SMITH, Herbert Smith Freehills

1310 – 1320 Introduction to Cross-Border Civil Litigation in the MDW Context

Speaker: Mr. Douglas MACLEAN, Justice Without Borders

1320 – 1500 Panel Discussion: Civil Compensation as a Tool for Addressing Problems Faced by MDWs

Moderator: Ms. Michelle YU, Justice Without Borders

This discussion will introduce common claims raised by Hong Kong’s migrant domestic workers, including unpaid wages, physical and sexual injuries, and the available civil remedies. Procedural issues in different courts and tribunals will be included, along with a brief discussion of the roles played by law firms and NGOs in cross-border litigation.

Part I – Overview: Migrant Domestic Workers and the Cross-Border Problems They Face

Speaker: Mr. Leo TANG, Hong Kong Confederations of Trade Unions

Part II – Substantive Legal Remedies for Worker-Employer Issues

Speaker: Ms. Gillian MCKENZIE, Herbert Smith Freehills

Part III – Procedural Considerations

Speaker: Mr. Fabian RODAY, Dechert LLP

Part IV – Labour Tribunal and Small Claims Tribunal

Speaker: Mr. Leo TANG, Hong Kong Confederations of Trade Unions

Part V – Other Considerations Regarding Cross-Border Litigation

Speaker: Mr. Douglas MACLEAN, Justice Without Borders

Part VI – Discussion: The Role of Law Firms/Lawyers in Pursuing MDW Claims

1515 – 1630 Interactive Session: A Case Study in International Litigation for Migrant Workers

Working in groups, participants will discuss a fact pattern built from actual cases. The groups will seek to identify and discuss several challenges that the case presents. JWB’s Practitioner’s Manual for Migrant Workers will be used as a reference. A full group discussion will follow, giving participants the chance to share ideas and insights.

1630 – 1700 Panel Discussion: Engaging in Pro Bono–Discussion With Representatives from Select Organisations Handling Migrant Worker Claims

NGO Representatives: Hong Kong Confederation of Trade Unions; Christian Action; JWB

Participants will learn about the pro bono opportunities available at select non-governmental organisations in Hong Kong. These organisations will explain their current legal and paralegal work, and discuss how lawyers can get involved in meaningful and career-enhancing pro bono legal work with migrant worker clients.