Legal Updates

08Jun2021

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

04Jun2021

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

28May2021

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

21May2021

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

13May2021

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

14Apr2021

Legal update: Reimbursement of Statutory Maternity Leave Pay is now open for applications from employers

Statutory maternity leave was increased from 10 weeks to 14 weeks effective from 11 December 2020. The Labour Department has recently announced that employers can now apply for reimbursement of the statutory maternity leave pay paid to employees in respect of the 11th to 14th…Read More

29Mar2021

Legal update: Presenting winding-up/bankruptcy petitions based on foreign judgment debts – Is registration required?

Can a foreign order or judgment be immediately enforced in Hong Kong?  Generally, the answer is no.  Depending on where the judgment comes from, either it must first pass registration under the Foreign Judgments (Reciprocal Enforcement) Ordinance, or if not caught by that ordinance, there…Read More

25Mar2021

Tanner De Witt sponsors the Annual China Global Mergers & Acquisitions Summit in Shanghai

Tanner De Witt is proud to sponsor the Annual China Global Mergers & Acquisitions Summit taking place this week at the Renaissance Shanghai Pudong Hotel in Shanghai. Highlights of the conference: The new Foreign Investment Law and the Export Control Law in China Update on…Read More

22Mar2021

Legal update: Statutory maternity leave extended to 14 weeks with effect from 11 December 2020

The Hong Kong Employment (Amendment) Ordinance 2020 (“Amendment Ordinance”) came into effect on 11 December 2020.  Below is a summary of the key provisions introduced by the Amendment Ordinance: Statutory maternity leave increases from 10 weeks to 14 weeks for employees who give birth on or…Read More

22Mar2021

Protecting Intellectual Property Rights in Hong Kong and China

Registration Registration of intellectual property rights can be a cost-effective way for a company to protect its IP assets. Note, however, that China and Hong Kong are separate jurisdictions, so registration in one jurisdiction does not extend protection to the other jurisdiction. IP owners must…Read More

22Mar2021

Covid-19: Can children be separated from parents during quarantine? (March 2021 update)

This is an update to an article that was published in April 2020. Recently, an international school teacher tested positive after being linked to a spreading gym cluster. Consequently, a class of 8- to 9-year-old students were sent to the government quarantine centre. Following intervention…Read More

15Mar2021

Legal update: Employment (Amendment) Bill 2021 proposes to increase statutory holidays from 12 days to 17 days over next 9 years

On 5 March 2021, the Government of the HKSAR published the Employment (Amendment) Bill (the “Bill”) in the Gazette. The Bill proposes to increase the number of statutory holidays under the Employment Ordinance (Cap. 57) (the “EO”) in Hong Kong by adding the following 5…Read More