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- Hong Kong Court Breathes New Life Into Rule in Gibbs
Judicial comments cast doubt on the ability to compromise US law-governed debt effectively based on Chapter 15 recognition alone. A recent first instance decision in Hong Kong has relied upon the so-called rule in Gibbs to cast doubt on the ability of an offshore scheme of arrangement to compromise debt governed by a foreign law. In Re Rare Earth,1 a case that on its facts did not seem to require consideration of the issue, Mr Justice Harris voluntarily joined the fray. In so doing, he highlighted an important conflict of laws issue that will inform debtor groups with a Hong Kong presence on where to promote a restructuring. Please see full Alert below for more information.
- Hong Kong Corporate & Regulatory Insights – April 2022
The Stock Exchange of Hong Kong(SEHK) launches board diversity repository and enhances ESG academy SEHK launched a board diversity repository to improve access to information on and transparency around board diversity, and enable investors and other stakeholders to stay informed of businesses' policy and approach to good governance and board diversity. Please see full Publication below for more information.
- Hong Kong’s Listing Rules Amendments Relating to Bookbuilding and Placing Activities in ECM Transactions
Intermediaries in bookbuilding and placing activities should prepare for the new rules, which will take effect on 5 August 2022. The Securities and Futures Commission of Hong Kong (SFC) published the “Consultation Conclusions on (i) the Proposed Code of Conduct on Bookbuilding and Placing Activities in Equity Capital Market and Debt Capital Market Transactions and (ii) the ‘Sponsor Coupling’ Proposal” on 29 October 2021. The Code of Conduct provisions (New Code Provisions) will come into effect on 5 August 2022. Please see full Alert below for more information.
- Hong Kong Corporate & Regulatory Insights – March 2022
Hogan Lovells' Hong Kong Corporate & Regulatory Insights March 2022 edition is published today to keep you abreast of the recent legal and regulatory developments in the Hong Kong corporate market. Please see full Publication below for more information.
- The SFC’s recent regulatory enforcement trends
Recent annual and quarterly reports published by the Securities and Futures Commission (SFC) of Hong Kong highlight the SFC’s regulatory work for the period dated April 2020 to December 2021 (the 2020/2021 Period). The reports take a look back at the 2020/2021 Period and also sets out the SFC’s strategic priorities which it plans to pursue in order to fulfil its intention to strengthen Hong Kong’s status as an international financial centre. This article summarises the key trends in the SFC’s enforcement agenda which market participants can expect to continue in the year ahead. Please see full Publication below for more information.
- SFC Enforcement Actions Tracker
The tracker below contains details of the SFC’s enforcement actions in Hong Kong showing instances where fines of more than HKD1 million have been imposed as at 16 March 2022. Please see full Publication below for more information.
- Share Buy-Backs in Hong Kong: What to Know
As share buy-backs hit record levels, listed issuers should understand their options when pursuing share buy-backs and the related legal and regulatory implications. Background - Share buy-backs are a popular way for listed companies and management to provide reassurance and confidence to investors of their long-term vision and commitment in the listed company, particularly when they believe share prices are undervalued. The repurchased shares will be cancelled, which also help improve the listed company’s financial ratios. Please see full Alert below for more information.
- Hong Kong Corporate & Regulatory Insights – February 2022
The Stock Exchange of Hong Kong (SEHK) takes disciplinary action against Fantasia Holdings Group Co., Limited (Stock Code: 1777) (Fantasia), Colour Life Services Group Co., Limited (Stock Code 1778) (Colour Life) and four directors - Key messages: • Issuers contemplating a spin-off should bear in mind the requirement that there should be a clear delineation between the business retained by the parent and the business of the company to be spun off. Please see full Publication below for more information.
- Regulatory Roadmap for a Brave and Ambitious Year of the Tiger
We anticipate a number of important regulatory developments in Hong Kong in the course of the year. Please see full Publication below for more information.
- Hong Kong Corporate & Regulatory Insights – February 2022
The Stock Exchange of Hong Kong (SEHK) takes disciplinary action against Yihua Overseas Investment Ltd (the Issuer)(delisted, previous debt Stock Code: 5293) and its authorised representative Key messages: • An issuer must apply for a trading halt or suspension if it is not possible to make any required disclosures promptly. • Listed issuers must respond to SEHK's enquiries and cooperate with SEHK's investigations without delay The SEHK censures: • The Issuer. • Ms. Liu Shaoxiang, authorised representative of the Issuer. Please see full Publication below for more information.
- 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 ...
- "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 ...
- "Hong Kong Public M&A: Time for a New Approach?"
For any potential bidder considering the acquisition of a listed company, issues such as ease of transaction execution, the ability to respond to a competing offer, timetable and cost will be of great importance. The chosen form of legal process to implement such deals can have a considerable...
- A new era for overseas listings in Hong Kong - Part One
In late September the Stock Exchange of Hong Kong Limited (the Exchange) and the Securities and Futures Commission (the SFC) released their long awaited “Joint policy statement regarding the listing of overseas companies” on the Exchange (the New JPS)....
- An INTA Hong Kong Debrief
After a week at the International Trademark Association Annual (INTA) Annual Meeting in Hong Kong, and another spent exploring the city and its surrounds, it’s nice to be heading back to the comparatively quaint major city we call home. But as I fly through Siberian airspace, over the North Pole,...
- Hong Kong Signs FATCA IGA
On November 13, 2014, Hong Kong announced that it had signed a Model 2 FATCA IGA. Under the agreement Hong Kong financial institutions will enter into separate FFI agreements with the IRS and will report information on U.S. account holders directly to the IRS. ...
- Launch of Mutual Recognition of Funds Between Mainland China and Hong Kong
On 22 May 2015, the Securities and Futures Commission of Hong Kong (SFC) and the China Securities Regulatory Commission (CSRC) signed a Memorandum of Regulatory Cooperation on Mainland-Hong Kong Recognition of Funds, which will enable Mainland Chinese and Hong Kong funds to be distributed in each...
- What you need to know about Hong Kong Competition Law (Part 1) - General Overview
The implementation of the new Competition Ordinance (Chapter 619 of the Laws of Hong Kong) (the Competition Ordinance) on 14 December 2015 will mark the first time that Hong Kong has a general and cross-sector competition law....
- Market Volatility Delays Shenzhen-Hong Kong Stock Scheme Launch
On November 17, 2015, at a ceremony in Hong Kong marking the first anniversary of the Shanghai-Hong Kong Stock Connect scheme, Hong Kong Exchanges and Clearing (HKEx) chief executive Charles Li Xiaojia confirmed that the Shenzhen-Hong Kong stock connect scheme will not be launched this year, as...
- Hong Kong Regulatory Update - March 2015
This Hong Kong regulatory update provides a brief overview of the principal Hong Kong regulatory developments in the preceding three months relevant to companies listed or proposed to be listed on The Stock Exchange of Hong Kong Limited (HKEx) and their directors, management and advisers. The...