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- Recent Hong Kong Court decision on a bank’s liability on its employee’s fraudulent conducts
What happens when a Bank’s customer loses money due to a fraud perpetrated by an employee of the Bank? What, if any, remedies does the defrauded customer have against the Bank?
- Dentons COVID-19 Retail Tracker - China / Hong Kong (UPDATED)
Status – Has any special status been introduced? No curfew, no emergency status. Special measures apply.
- Hong Kong Corporate and Regulatory Insights - March 2021
The Stock Exchange of Hong Kong Limited (SEHK) seeks views on reforms to enhance listing regime for overseas issuers SEHK published a consultation paper, Listing Regime for Overseas Issuers, seeking public feedback on proposals to enhance and streamline the listing regime for overseas issuers... Please see full Publication below for more information.
- Development of LawTech in Hong Kong
First things first. What is “LawTech”? “LawTech” is an increasingly common buzzword in the legal sector. The Law Society of England and Wales defines “LawTech” as “technologies that aim to support, supplement or replace traditional methods for delivering legal services, or that improve the way the justice system operates”.
- Security of Payment in Hong Kong - pilot programme for public works contracts
As the old saying holds, cash-flow is the life blood of the construction industry. In 2021, Hong Kong looks set to join Singapore, Australia and other jurisdictions in implementing a Security of Payment regime to regulate payment practices and provide a system to protect cash flow in the construction industry.
- Part 3 of 6: Amendments to Hong Kong Data Protection Law Regarding the PCPD’s Sanctioning Powers
To enhance protection of personal data protection, the Hong Kong government currently is considering to raise the level of fines for offences under the Personal Data (Privacy) Ordinance and exploring the feasibility of imposing administrative penalties for contravention of the PDPO. This article sets out more details of these proposed amendments and what businesses need to know...
- Hong Kong Regulatory Update - April 2021
This update provides an overview of key regulatory developments in the past three months relevant to companies listed, or planning to list, on The Stock Exchange of Hong Kong Limited (HKEX), and their advisers. In particular, it covers amendments to the Rules Governing the Listing of Securities on HKEX (Listing Rules) as well as announcements, guidance and enforcement-related news from HKEX and the Securities and Futures Commission (SFC). We do not intend to cover all updates that may be relevant, but we welcome feedback, so please contact us if you’d like to see analysis of other topics in the future.
- Restructuring & Insolvency in Hong Kong – Recent Key Cases Update
In light of the global economic dislocation and significant challenges faced by many businesses in Asia over the past year, the Hong Kong Companies Court has recently been grappling with multiple crossborder corporate insolvencies, including many that relate to Mainland China-based businesses. In this context, judicial attention has focused on a number of interesting and novel issues leading to some important legal developments and key practice points for market participants and practitioners alike. In this update, we highlight a selection of key Court decisions which focus on cross-border recognition and assistance, restructuring and schemes of arrangement, the winding-up of foreign companies in Hong Kong and other insolvency-related issues. These decisions mark, among other things, the first time insolvency officeholders appointed in Mainland China were recognized in Hong Kong, provide clarity on the scope of judicial assistance in Hong Kong that may be granted to foreign insolvency officeholders, illustrate a new focus on a company’s center of main interest when weighing up the primacy of competing insolvency proceedings, revisit the circumstances in which a scheme of arrangement in Hong Kong may compromise foreign-law-governed debt and shed light on why widely held expectations about the centrality of Hong Kong in the winding-up of certain Mainland Chinese business groups may be misplaced. Please see full Publication below for more information.
- Hong Kong Corporate & Regulatory Insights – February 2021
The Stock Exchange of Hong Kong Limited (SEHK) publishes revised Listing e-Forms and guidelines for new applicants, Main Board (MB) issuers, and Growth Enterprise Market (GEM) issuers - The Listing e-Forms, which include checklists and forms, and guidelines are provided to assist MB, GEM issuers, and new applicants to comply with the Listing Rules and administrative procedures. Please see full Publication below for more information.
- Talking Point Asia – "You're on mute!" – top tips for when mediation goes virtual
Mediation has sometimes been described as a bit like marriage counselling. The mediator, like a counsellor, is there to listen to and facilitate discussions between the two parties in an attempt to identify common ground and areas of compromise. Please see full Publication below for more information.
- Hong Kong SFC’s New Regime on Unlisted Structured Investment Products
Hong Kong’s Securities and Futures Commission (the “SFC”) has published rule changes on unlisted structured investment products. This follows a three month public consultation triggered by the global financial crisis, and in particular by the collapse of Lehman Brothers in 2008. The Hong Kong...
- Hong Kong Stock Exchange Amends the Corporate Governance Code and Listing Rules
The Stock Exchange of Hong Kong Limited (“Exchange”) has recently published its Consultation Conclusions on Review of the Corporate Governance Code (“Code”) and associated Listing Rules. The Code and Listing Rules amendments aim to promote the development of a higher level of corporate governance...
- Hong Kong Court of Appeal Expands SFC Powers to Seek Remedies for Insider Trading
In what is being seen as a landmark decision, the Hong Kong Court of Appeal has allowed an appeal by the Hong Kong Securities and Futures Commission (SFC) from the decision of a lower court that will permit the SFC to proceed to seek final remedial court orders imposing sanctions as a free standing ...
- SFC Looks to Enhance the Regulation of Sponsors in Hong Kong
Potential Civil and Criminal Penalties under Consideration Against a background where Hong Kong has been the world’s leading IPO center for the third year in a row, the Hong Kong Securities and Futures Commission (SFC) has published its much-anticipated consultation paper on...
- Hong Kong Court of Appeal Overturns an Order of the Court of First Instance to Set Aside ICC Arbitration Award
The Hong Kong Court of Appeal has recently handed down a decision in Pacific China Holdings Ltd v. Grand Pacific Holdings Ltd overturning an order of the Court of First Instance to set aside an ICC arbitration award made in Hong Kong. On the facts of the case, the Court of Appeal concluded that...
- "The 2012 Hong Kong Competition Ordinance"
On 22 June 2012, Hong Kong’s Competition Ordinance (the Ordinance) was published following approval by the Legislative Council of Hong Kong. The Ordinance introduces a number of important rules and regulations affecting companies operating in the same market or with a significant presence in a...
- "HKEx Issues New Guidance on Pre-IPO Investments"
More than two years have passed since the Listing Committee of The Stock Exchange of Hong Kong Limited (the HKEx) issued the Guidance on Pre-IPO Investments Pending Consultation on Possible Listing Rule Amendments (the Interim Guidance). Despite the suggestion in its title that the Interim Guidance ...
- The Changing Privacy Landscape in Asia
Originally published in Privacy & Security Law Report on December 17, 2012. In the past several months, the privacy landscape in Asia has dramatically altered. Two countries, the Philippines and Singapore, enacted comprehensive data privacy laws for the first time; Malaysia ...
- RMB Bond Issue in Hong Kong (a.k.a. A Delicious Dim Sum Offering!) - Part 1
A growing number of foreign and Chinese companies are accessing the renminbi (“RMB”) bond market to fund projects, enhance liquidity and improve their working capital in China. These companies can raise capital while avoiding time-consuming IPOs, rights issuances and secondary offerings. It also...
- Accessing Asian Capital By Canadian Companies – The Case For Listing In Hong Kong
Why Hong Kong - Michael Chan, Assistant Vice President of the Global Markets Division of the Hong Kong Stock Exchange (“HKEx”), was recently in Canada, visiting Calgary, Toronto and Vancouver and delivering a presentation entitled “HKEx – the Listing Venue of Choice”....