Regulatory
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
Press release: Tanner De Witt further grows commercial and regulatory practice with appointment of consultant Munenori Kaku
Click here to read the Japanese translation of this press release. Tanner De Witt confirms the appointment of senior commercial and regulatory lawyer Munenori (Muny) Kaku as a Consultant with the firm’s Corporate and Commercial practice. The appointment was effective Monday 20 September 2021. Muny,…Read More
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
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
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
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
Arbitration partner Kevin Warburton gives his views on the Supplemental Arrangement in Asian Legal Business
Arbitration partner Kevin Warburton is featured in Asian Legal Business’ recent article Refinement and Clarity which discusses the Supplemental Arrangement Concerning the Mutual Enforcement of Arbitral Awards between China and Hong Kong. Kevin shares his thoughts on recognition and enforcement, removal of the restriction of…Read More
Data Breach Response: The management response
A data breach can be a crisis, and crisis management is a true test of character and leadership. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt looks at how executive management should approach and respond to a…Read More
Key Points in the FSTB Consultation Paper to the new licensing regime for VASPs
The Financial Service and Treasury Bureau released a consultation paper on 3 November 2020, proposing amendments to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615, Laws of Hong Kong)(“AMLO”) to introduce a licensing regime for virtual asset services providers (“VASP(s)”). River Stone, Pádraig Walsh…Read More
Legal update: SFC fines company secretary for insider dealing
According to a recent press release issued by the Securities and Futures Commission (the “SFC”) on 11 January 2021, Mr. Chow Chiu Chi, the company secretary of China Automation Group Limited (“China Automation”), a company listed on the Main Board of The Stock Exchange of…Read More
Legal update: Client facilitation in the execution of residual odd lots
The Hong Kong Securities and Futures Commission (the “SFC”) issued an FAQ on 18 December 2020 clarifying the applicability of the exemption from the requirement for licensed corporations (“LCs”) to obtain explicit client consent on a trade-by-trade basis prior to each client facilitation trade. As a…Read More