Legal Updates
Legal update: Arbitrator’s duty of disclosure
On 27 November 2020, the UK Supreme Court handed down its judgment in Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 (see also the summary of the case here). Lord Hodge (with whom Lord Reed, Lady Black and Lord Lloyd-Jones…Read More
Change is not coming: Further possible improvements to privacy protection in Hong Kong
Almost a year ago, the Constitutional and Mainland Affairs Bureau, in collaboration with the Privacy Commissioner of Hong Kong, provided its report on recommended changes to personal data privacy law in Hong Kong. There were six key proposals, but also some omissions. In the final…Read More
Legal update: Client facilitation in the execution of residual odd lots
The Hong Kong Securities and Futures Commission (the “SFC”) issued an FAQ on 18 December 2020 clarifying the applicability of the exemption from the requirement for licensed corporations (“LCs”) to obtain explicit client consent on a trade-by-trade basis prior to each client facilitation trade. As a…Read More
Data Breach Response: The importance of information security certifications
In every corner of the business world, people measure performance to benchmarks and standards. Information security is no different. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt explains why certification for recognised information security standards supports an…Read More
Data Breach Response: The importance of an incident response plan
Mike Tyson once said that everyone has a plan until they get hit. Plans are still important. Without a plan, you have worse problems. With a plan, you have a better chance to pick yourself up, dust yourself down, and get back in the race….Read More
Key points in the SFC Consultation Paper to amend the SFC AML Codes
The Hong Kong Securities and Futures Commission (“SFC”) released a consultation paper on 18 September 2020, proposing amendments to (1) the Guideline on Anti-Money Laundering and Counter-Financing of Terrorism (For Licensed Corporations) and (2) the Prevention of Money Laundering and Terrorist Financing Guideline issued by…Read More
Introducing and Selling Pharmaceutical Products to the Hong Kong Market
With increasing interaction between Hong Kong and China’s healthcare industries, Hong Kong has received support from both the Central Government of China and the Hong Kong Government in promoting its healthcare services within the mainland China market, and in particular within the Greater Bay Area….Read More
Radmacher v Granatino, 10 years on: revisiting the landmark case on nuptial agreements
Nuptial agreements have often been met with conflicting views. For the romantics, the idea of entering into a nuptial agreement may suggest planning for an imminent divorce. For the cautious and financially prudent, it can be seen to be a sensible financial and succession planning…Read More
Change is coming: Direct regulation of data processors
On 20 January 2020, the Constitutional and Mainland Affairs Bureau, in collaboration with the Privacy Commissioner of Hong Kong, provided its report on recommended changes to personal data privacy law in Hong Kong. In another in his series looking at the implications of the proposed…Read More
Legal update: Period of Statutory Maternity Leave to be extended to 14 weeks from 11 December 2020
The Government announced last week that the Hong Kong Employment (Amendment) Ordinance 2020 (“Amendment Ordinance”) will come into operation on 11 December 2020. The Amendment Ordinance increases the statutory maternity leave entitlements under the Employment Ordinance (Cap 57) in Hong Kong from 10 weeks to…Read More
Change is coming: Administrative fining powers of the Privacy Commissioner
On 20 January 2020, the Constitutional and Mainland Affairs Bureau, in collaboration with the Privacy Commissioner of Hong Kong, provided its report on recommended changes to personal data privacy law in Hong Kong. In another in his series looking at the implications of the proposed…Read More
Change is coming: Mandatory personal data retention policies
On 20 January 2020, the Constitutional and Mainland Affairs Bureau, in collaboration with the Privacy Commissioner of Hong Kong, provided its report on recommended changes to personal data privacy law in Hong Kong. In another in his series looking at the implications of the proposed…Read More