JD Supra (JD Supra Hong Kong)

653 results for JD Supra (JD Supra Hong Kong)

  • SFC Enforcement Actions Tracker (UPDATED)

    Showing SFC enforcement actions which resulted in fines of HKD1 million or more as at 25 July 2022. 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

  • Amendments to Listing Rules Relating to Share Schemes of Hong Kong Listed Issuers

    The requirements under Chapter 17 of the Listing Rules applicable to share option schemes will also govern share award schemes under the amendments that will become effective 1 January 2023. Both share option schemes (which grant options to subscribe for new shares) and share award schemes (which grant shares or equivalent units) serve to reward and incentivise employees to continue to...

  • Hong Kong Formalises Legal Framework to Regulate Virtual Asset Exchanges

    On 24 June 2022, the Hong Kong government published in the Gazette the Anti-Money Laundering and Counter-Terrorist Financing (Amendment) Bill 2022 (Amendment Bill). The Amendment Bill proposes amendments to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615) (AMLO) to introduce a new framework for a licensing regime for VASPs, impose statutory AML/CTF obligations on...

  • New Hong Kong Legislation on outcome-related fee structures for arbitration

    On 30 June 2022, Hong Kong enacted framework legislation which introduces legislative amendments aimed at allowing outcome-related fee structures (ORFS) in arbitration and related proceedings (the Amendments). Please see full Publication below for more information.

  • 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...

  • 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...

  • 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’...

  • 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

  • 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...

  • 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...

  • 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...

  • Hong Kong’s New Crypto Regulatory Framework to Facilitate Greater Institutional Participation

    Regulators released comprehensive guidance to banks, intermediaries, and insurers on virtual asset-related activities. Key Points: ..Banks and intermediaries looking to provide distribution, dealing, and advisory services in connection with virtual assets now have a comprehensive and actionable regime that can be used to solicit customers looking to increase their exposure to crypto. .

  • Buying and Selling Real Estate in Hong Kong (Updated)

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER HONG KONG LAW - Introduction - Hong Kong is one of the most densely populated cities over the world. Due to historical reasons, almost all lands in Hong Kong are leasehold tenures. Over the centuries, the Government leased or granted to individuals or corporations pieces of land for use or for development. Therefore, a sale and purchase of...

  • Sustainable finance and ESG in Hong Kong

    Background – global drivers of sustainable finance and ESG - In recent years, there has been increasing attention globally on environmental, social and governance (ESG) issues, with accelerated focus following the 2020 outbreak of the pandemic on concerns of sustainability and broader social issues such as healthcare, rising poverty and social inequalities. COP26 this year will be the fifth...

  • Hong Kong Court awards damages for misuse of personal data collected by CCTV system

    In Hong Kong, it is not unusual to see closed circuit television (CCTV) systems installed in public places, common areas of private buildings and in road vehicles. Whilst CCTV surveillance for security reasons or for deterrence of crimes is generally considered to be legitimate, the use of any personal data collected by CCTV must be within the bounds of data privacy laws.

  • Hong Kong's Proposed Licensing Regime for Virtual Asset Service Providers

    The Hong Kong Government released the conclusions of its public consultation on a proposed licensing regime for virtual asset services providers ("VASPs") on 21 May 2021 (the "Consultation Conclusions"). Having received broad support for its proposals, the Government will now proceed to prepare draft legislation without any significant changes to the consultation proposals and aim to introduce a...

  • The New Cross-Border Arrangement Between Hong Kong and Mainland China on Insolvency and Restructuring Matters – A Comparison with Chapter 15 of the United States Bankruptcy Code

    On May 14, 2021, the Department of Justice of the government of the Hong Kong Special Administrative Region announced that the Secretary for Justice of Hong Kong and the Vice-president of the Supreme People’s Court (the “SPC”) had signed the Record of Meeting on Mutual Recognition of and Assistance to Bankruptcy (Insolvency) Proceedings between the Courts of the Mainland and of the Hong Kong...

  • Hong Kong Corporate & Regulatory Insights – April 2021

    Equity Capital Markets - The Stock Exchange of Hong Kong Limited (SEHK) publishes consultation paper on review of corporate governance code and related Listing Rules - SEHK published a consultation paper outlining proposed enhancements to the Corporate Governance Code and Corporate Governance Report (the Code), as well as related amendments to the Rules Governing the Listing of Securities

  • Hong Kong Confirms New Regulatory Licensing Regime for Virtual Asset Exchanges

    The Hong Kong government has issued its widely anticipated consultation conclusions on a new framework to regulate virtual asset exchanges. On 21 May 2021, the Hong Kong Financial Services and the Treasury Bureau (FSTB) issued its consultation conclusions (Conclusions) on the introduction of a new regulatory framework in Hong Kong to licence and regulate virtual asset exchange (VA Exchange)...

  • Suspension of employment: Employers’ rights clarified

    In the recent decision of Lengler Werner v. Hong Kong Express Airways Ltd the High Court examined and clarified issues surrounding an employer’s legal right to suspend an employee’s duties.

  • Hong Kong’s Carried Interest Tax Concession – Zero % Tax!

    Following the enactment last year of the Limited Partnership Fund Ordinance, which has seen strong take up in its first eight months of operation, the new tax concession on carried interest earned from the activities of private equity funds which was proposed by the Hong Kong Government in 2020, has now been introduced. The Inland Revenue (Amendment) (Tax Concessions for Carried Interest)...

  • HK Court of Appeal confirms the exceptional nature of the taking of evidence by way of video conferencing facilities

    Amidst the COVID-19 pandemic, various travel restrictions and quarantine requirements remain in place. As the Hong Kong Judiciary recognises in the Guidance Note for Remote Hearings for Civil Business in the Civil Courts (Phase 3: Wider Video-Conferencing Facilities and Telephone), the public health situation “may impact the ability of witnesses and other participants to travel to and appear in...

  • Hong Kong and mainland China agree new co-operation mechanism for cross-border insolvency

    Hong Kong and the Mainland have agreed a new co-operation mechanism for cross-border insolvency. Under the agreement, liquidators from Hong Kong may apply to Mainland courts for recognition of insolvency proceedings in Hong Kong ...

  • Hong Kong’s proposed Mandatory Reference Checking Scheme: the end of “rolling bad apples”?

    The Hong Kong Monetary Authority (HKMA) released its consultation conclusions on the proposed Mandatory Reference Checking Scheme (MRC Scheme) on 3 May 2021. Please see full Publication below for more information.

  • Construction of lease in relation to tenant's obligation to reinstate

    Disputes often arise about the extent of a tenant’s obligations to reinstate the leased premises at the conclusion of the lease. Large sums of money can be involved.

  • 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?

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