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Legal Updates
PE Firms and Family Offices on the SFC Radar: An Update on SFC Licensing in Hong Kong
The Securities and Futures Commission in Hong Kong (SFC) actively engaged with the private equity sector in 2019. The purpose was to highlight securities licensing requirements that affect private equity (PE) fund managers and family offices in Hong Kong. On 7 January 2020, the SFC…Read More
The Domestic and Cohabitation Relationships Violence Ordinance and relief available to complainants of domestic violence in Hong Kong
Gender-based violence is one of the most pervasive human rights issues faced around the globe. 25 November marks the United Nations International Day for the Elimination of Violence Against Women seeks to raise awareness of the unique abuses girls and women face worldwide including rape,…Read More
Legal update: Can an employer be liable for disability discrimination without knowing the disability suffered by an employee?
It is not uncommon for the personal health situation of an employee to adversely affect his or her work performance. When this happens, however, the underlying reason may not always be immediately apparent or known to the employer. Despite this, the employer may have taken…Read More
Legal update: SFC clarifies obligations on licensed corporations using cloud-based storage for keeping records with “external electronic data storage providers”
Under section 130 of the Securities and Futures Ordinance (Cap 571) (SFO), a licensed corporation shall not, without the Securities and Futures Commission’s (SFC) prior written approval, use any premises for keeping records or documents relating to the carrying on of the regulated activity for…Read More
Legal update: the Singapore Mediation Convention
The United Nations Convention on International Settlement Agreements was adopted by the UN General Assembly on 20 December 2018, and was signed by 46 States in Singapore on 7 August 2019. Unsurprisingly, the Convention is commonly referred to as the “Singapore Mediation Convention”. The purpose…Read More
Legal update: Playback time – the rise of covert audio recordings in the workplace
With rapid advancements in technology and the almost universal use of smartphones and other mobile devices, employees can (and do) take photographs and make both video and audio recordings at work with just the click of a button. Consequently, employers are increasingly aware that this…Read More
Legal update: TCSP licensees – assessing risk and keeping records
Since 1 March 2018 any person who intends to carry on a trust or company service business in Hong Kong (i.e. a trust and company service provider (“TCSP”)) is required under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (“AMLO”) to apply for a licence from…Read More
Legal update: Arbitration clauses and insolvency proceedings revisited
Introduction In a recent Court of Appeal judgment, But Ka Chon v Interactive Brokers LLC[1] (“But Ka Chon”), Tanner De Witt was successful in resisting an appeal by a debtor who had sought to set aside a statutory demand issued by a leading online trading…Read More
Legal update: “blue pencilling” restrictive covenants post Tillman v Egon Zehnder
The UK Supreme Court handed down judgment in Tillman v Egon Zehnder [2019] UKSC 32 on 3 July 2019. This judgment is important as it clarifies the principles of “severance” applicable to post-termination restrictive covenants under which the Court is able to sever or remove…Read More
Legal update: The complaint process in domestic violence cases
There is no criminal offence of “domestic violence”. Domestic violence is a general term used to describe all acts of violence; threatening behaviour; physical, sexual or emotional abuse used by one person to control or dominate another, in a family environment. An assailant can be…Read More
Legal update: An introduction to statutory insolvency set-off
Business relationships are not straightforward, and a company can be a supplier and a purchaser at the same time. It is not an uncommon practice for companies to off-set their debt owed to another company with the receivables they should be receiving from that same…Read More
Legal update: Privacy, Politics and Protests: Perspectives on privacy issues in Hong Kong
Personal data privacy is often seen as one of the lesser legal rights in this part of the world. You are in a coffee shop, and click through the free wifi Terms of Use. You’re using a new site to buy an experience holiday, and…Read More
