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Russell Bennett
TDW Employment Law – 2025 End of Year Review
The Hong Kong employment law environment remained dynamic in 2025, with important developments affecting workplace policies and liability. From landmark court decisions on discrimination and sexual harassment to proposed legislative changes and updated regulatory guidance, employers face a complex array of new considerations. This overview…Read More
Employers’ Duties in Extreme Weather Conditions – A Timely Reminder
The recent case of Khan Farooq Ahmed v Delivery Hero Food Hong Kong Limited [2025] HKCFI 4030 (“Khan v Delivery Hero”) outlined an important concern in Hong Kong – what are employers’ duties when it comes to work during a Typhoon 8 or other severe…Read More
Hong Kong’s new Mandatory Reporting of Child Abuse Ordinance takes effect in 2026
The Mandatory Reporting of Child Abuse Ordinance (Cap. 650) marks a major development in Hong Kong’s child‑protection landscape. Gazetted in July 2024 and scheduled to come into force today, 20 January 2026, the Ordinance reflects the SAR Government’s commitment to strengthening early identification and intervention…Read More
Holiday pay and annual leave pay revisited: Wages and commissions covering every day of the month
The decision of Kan Kin Lan Kenny v Ray White (Hong Kong) Limited [2025] HKCFI 728, the Court of First Instance from early this year revisits and gives useful guidance in relation to calculating holiday pay and annual leave pay in the context of contractual…Read More
“There’s always someone watching!” (Ocean’s 11). Updated Privacy Commissioner guidance on CCTV, drone, and in-vehicle camera use
Hong Kong is actively pushing to become a global innovation hub. Plans include installing cameras in all taxis by 2026, as well as promoting a low-altitude economy of camera-equipped drones. However, such initiatives come with privacy and data concerns. The use of CCTV surveillance, and…Read More
Working Mothers: Maternity Rights under Hong Kong Law
Maternity Rights Under Hong Kong Law a pregnant woman is entitled to maternity benefits from her employer, provided she is employed under a “continuous contract”. That requires employment of over 18 hours per week, for four or more consecutive weeks (from 18 January 2026, “continuous…Read More
“You’re married to him?!” Is it an issue for employers in making employment decisions?
A person’s “marital status” is one of the protected characteristics under the Sex Discrimination Ordinance (“SDO”). In the case of Cheuk Kit Man v FWD Life Insurance Company (Bermuda) Limited and Others [2025] Ms Cheuk claimed against FWD Life Insurance Company (Bermuda) Limited (“FWD”) and…Read More
Legal Update – Is stress an injury: when does ‘psychiatric trauma’ amount to a workplace injury?
In the recent case of Chan Man Sau[1] (“Chan”), the District Court looked at whether ‘psychiatric trauma’ can be regarded as a workplace injury. We summarise the key points of the decision as to whether and what conduct can cause mental injury to an employee…Read More
Key Employment Issues from the 2025 Policy Address
On 17 September 2025 the Chief Executive of the Hong Kong SAR delivered his 2025 Policy Address. Amongst the topics were several notable employment related issues. We summarise them below: Statutory Minimum Wage (“SMW”) Labour Support and Protection Nurturing Talents Other Relevant Information Russell Bennett…Read More
SFC Consultation Conclusions and Consultation Proposal on Financial Resources Rules
The SFC recently proposed various amendments to the Securities and Futures (Financial Resources) Rules (“FRR”) for public consultation which would be relevant for any licensed corporations engaging in, or seeking to engage in, over-the-counter derivatives (“OTCD”) activities. The SFC initially proposed changes to the FRR…Read More
Legal Update: Proposed reduction on threshold on working hours for “continuous contract”
The Employment (Amendment) Bill 2025 (the “Bill”) proposes amendments aimed at enhancing labour protections by reducing the threshold of working hours in respect of “continuous contract” under the Employment Ordinance (“EO”) (see below). Current regime Currently, an employee employed by the same employer (i) continuously…Read More
Social media posts highlight workplace sexual harassment
In January, the media noted social media posts about a female employee from a Korean chain restaurant who complained about an alleged sexual harassment by her branch manager and co-workers. This was said to involve nicknames and comments of a sexual nature about her physical…Read More
