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Legal Updates
Legal Update – Anti-Money Laundering and Counter-Terrorist Financing Review Tribunal and Competence Assessment for Money Service Operators
The Anti-Money Laundering and Counter-Terrorist Financing Ordinance, Chapter 615 of the laws of Hong Kong, (“AMLO”) (formerly known as Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance) came into effect on April 1 2012. It aims to enhance the anti-money laundering (“AML”) and counter-financing of…Read More
Data Breach Response: The Continuous Improvement Cycle
Ever tried? Ever failed? No matter. Try again. Fail again. Fail better. So said Samuel Beckett. And quite pertinent in the context of data breaches. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt explains that, in a…Read More
Legal update: Statutory holidays to be increased from 12 days to 17 days over the next 9 years
The Hong Kong Legislative Council has passed the Employment (Amendment) Bill 2021 with its third reading given on 7 July 2021. Starting from 1 January 2022, 5 days will be added to the list of statutory holidays progressively with one day added every 2 years. …Read More
Data Breach Response: Role of the Legal Team
Lawyers play a critical role in the response to a data breach. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt explains the role of the legal team, why engaging external counsel is often essential, and the importance…Read More
Recognition of rights for same-sex partners and their children in Hong Kong
In a landmark ruling by the High Court last month the non-biological mother of two children born to her former same-sex partner was granted guardianship rights, joint custody and joint care and control of the children. The former couple had the children with the assistance…Read More
High Court rules Housing Authority policy amounts to unlawful discrimination against same-sex spouses
In another step forward for same-sex rights in Hong Kong, the High Court today handed down a judgment confirming that the Housing Authority’s policy excluding same-sex married couples from their Home Ownership Scheme (“HOS”) amounts to unlawful discrimination on the ground of sexual orientation. The…Read More
Legal update: Reciprocal enforcement of civil judgments of matrimonial and family cases in Hong Kong and Mainland China
Attempts to enforce civil judgments in family cases between Hong Kong and Mainland China have faced many difficulties in the past, despite Hong Kong’s reunification in 1997. With a view to promote further legal cooperation between the borders, on 20 June 2017, the Supreme People’s…Read More
Data Breach Response: Managing Liability
The stakes are high after a data breach. There is a clear and present danger of legal liability. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt provides guidance on managing liability following a data breach. The primary…Read More
New licensing regime for Virtual Asset Service Providers: The Consultation Conclusions
On 21 May 2021, the Financial Service and the Treasury Bureau (“FSTB”) published the conclusions to the consultation on legislative proposals to enhance anti-money laundering and counter-terrorist financing (“AML/CTF”) regulation in Hong Kong. We reported on the key points of the consultation for virtual asset…Read More
Data Breach Response: Ten Tips on Managing Regulatory Inquiries
A letter arrives from the Privacy Commissioner. There are awkward questions. Well, settle in for the long haul. You are now at the start of an inquiry. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt provides ten…Read More
Client Alert – Beware of doxxing messages
The much anticipated amendments to the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO) are gathering pace. On 11 May 2021, the Hong Kong government proposed amendments to the existing statutory regime against ‘doxxing’ activities. ‘Doxxing’ generally refers to the gathering of personal data of third…Read More
Drafting issues relevant to Hong Kong and beyond: asymmetric clauses, multiple-contract scenarios and risks of arbitrating against non-parties in financial arbitration
Introduction It goes without saying that a well-considered and well-drafted arbitration agreement avoids wasting time and costs on satellite arguments, which go to peripheral matters and not the substance of a dispute. Common features in suites of financial agreements include: (a) asymmetric arbitration clauses; (b)…Read More