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Legal Updates
Change is coming: An update on proposed changes to the Personal Data (Privacy) Ordinance
2023-03-07 UPDATE: Please see our overview of potential changes at: https://www.tannerdewitt.com/potential-changes-pdpo/ Two major data breach incidents in 2018 involving Cathay Pacific and TransUnion are now driving long overdue legislative change to personal data privacy protection in Hong Kong. On 20 January 2020, the Constitutional and…Read More
When can directors refuse to register share transfers
The board of directors must approve the transfer of shares in a Hong Kong company. What if the board of directors refuses to approve? Can that decision be challenged? Pádraig Walsh from the Corporate Commercial practice group of Tanner De Witt reviews some of the…Read More
Legal Update: Recent judgment revises guidance for amount of damages for injury to feelings in pregnancy discrimination case
The recent District Court decision of 秦秀清 v 長鴻鋁窗裝飾工程有限公司 (“Tsun”; DCEO3/2018) updated the starting point of the award of damages for injury to feelings in pregnancy discrimination cases and provided further guidance as to the factors which the Court may take into account in awarding…Read More
Legal Update: Obtaining Validation Orders to pay restructuring costs
INTRODUCTION Tanner De Witt successfully assisted China Singyes Solar Technologies Holdings Limited (“Singyes”)[1] in obtaining a validation order that enabled Singyes to pay certain operation expenses and professional fees incurred for the purpose of a substantial restructuring exercise notwithstanding the existence of a winding up…Read More
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
