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Padraig Walsh
Legal update: SFC Consultation on clarification to offering document exemptions
In this snapshot legal update, we report that on 10 June 2022, the SFC launched a public consultation exercise that includes a proposed clarification to an exemption from SFC authorisation for offering documents for securities. The Securities and Futures Ordinance prohibits the issue of advertisements…Read More
Legal update: Legislative proposal to amend the Electronic Transactions Ordinance
In this snapshot legal update, we report that on 13 June 2022, in a panel on information technology and broadcasting, members of the Legislative Council were briefed on the legislative proposal to amend the Electronic Transactions Ordinance (“ETO”). The proposals will support further implementation of…Read More
Term Sheets for Investment
1. What is a Term Sheet? A Term Sheet is a summary of the business, finance and legal terms that will apply to an investment round. Usually it is a not a legally binding document, except for a few provisions such as confidentiality, costs or…Read More
Legal update: Review and public consultation on cybersecurity law in 2022
In this snapshot legal update, we report that on 25 May 2022, in a written reply by Mr. Alfred Sit, the Secretary for Innovation and Technology, to Legislative Council questions on cybersecurity standards in Hong Kong, Mr. Sit confirmed that the Hong Kong Government is…Read More
The new licensing regime for Virtual Asset Service Providers: The Amendment Bill
The long-awaited Virtual Asset Service Providers (“VASP”) licence regime is coming closer with the Hong Kong government gazetting the Anti-Money Laundering and Counter-Terrorist Financing (Amendment) Bill 2022 on 24 June 2022 (“Bill”). We reported on the key points of the consultation and the conclusion (collectively,…Read More
Legal update: Review and public consultation on crowdfunding in 2022
In this snapshot legal update, we report that on 25 May 2022, in a written reply by Mr. Christopher Hui, the Secretary for Financial Services and the Treasury, to Legislative Council questions on crowdfunding, Mr. Hui confirmed that the Hong Kong Government is reviewing the…Read More
Legal update: SFC warns of risks associated with NFTs
In this snapshot legal update, we report that on 6 June 2022, the SFC issued a warning regarding risks associated with investing in non-fungible tokens (NFTs). The SFC noted that NFTs have risks that are similar to other virtual assets. These include Illiquid secondary markets,…Read More
Legal update: New recommended model clauses for cross-border transfer of personal data
In this snapshot legal update, we report that on 12 May 2022 the Privacy Commissioner for Personal Data (“PCPD”) published new guidance on recommended model contractual clauses for cross-border transfers of personal data (“Model Contractual Clauses Guidance”). This supplements prior guidance published by the PCPD…Read More
Data breach: Lessons from a recent investigation report in Hong Kong
Investigation reports from the Privacy Commissioner are spilled milk stories that serve as salutary reminders to the mortals among us that there but for the grace of God, go we. This came to the fore again in the investigation report published by the Office of…Read More
2022 Joint Circular of SFC and HKMA on Virtual Asset Dealing and Advisory Service
The Securities and Futures Commission (“SFC”) and the Hong Kong Monetary Authority (“HKMA”) recently published a joint circular on intermediaries’ virtual asset-related activities on 28 January 2022 (the “Circular”). The Circular supersedes the earlier circular to intermediaries on distribution of virtual asset funds on 1…Read More
The Legal 500 2022 rankings are announced for Asia-Pacific
Tanner De Witt is proud to be recommended in The Legal 500 Asia Pacific Guide 2022 for employment, restructuring and insolvency, dispute resolution and technology, media, telecommunications (TMT). Legal 500’s Hall of Fame includes Partners Ian De Witt and Robin Darton and Consultant Kim Boreham, while Pamela Mak and Russell Bennett are recognised as Leading Individuals. Sunny Hathiramani is listed as…Read More
Results of 2022 Chambers Greater China Region Guide announced
Tanner De Witt is delighted once again to be recognised by Chambers & Partners in their inaugural 2022 Greater China Region Guide for each of its main practice areas. Please see full results and editorial commentary below. Corporate/M&A: Independent Hong Kong Firms (Band 2)Full ranking here. What the…Read More
