News & Analysis as of

Hong Kong

China’s ‘One Belt, One Road’ Initiative Creates Opportunities and Regulatory Challenges

In a time of shifting opinions on the benefits of globalization, China’s “One Belt, One Road” initiative (OBOR) offers an unexpected bright spot for multinational companies able and willing to participate in this...more

Opening the door for product placement in Hong Kong?

by Hogan Lovells on

On 4 September 2017, the Communications Authority of Hong Kong (“CA“) announced that it will review the relevant provisions in the codes of practice governing indirect advertising and product/service sponsorship (commonly...more

SFC Obtains Disqualification and Court Orders Against Hanergy’s Former Chairman and Current Directors

by Latham & Watkins LLP on

The Court of First Instance’s decision has important implications for directors of listed companies when failing to act in the best interests of the company. Background - On July 15, 2015, the Securities and Futures...more

Twice In Two Days: China and Hong Kong Weigh In On Token Sales

by Morrison & Foerster LLP on

Twice in as many days, powerhouse jurisdictions in Asia have weighed in on token sales. China has halted them altogether, while Hong Kong has, in many ways, followed the path tread recently by the United States, Singapore...more

Blockchain for Business

by Jones Day on

As the interest in blockchain technology grows, companies will be confronted with numerous decisions, challenges, and legal issues pertaining to its adoption. Relevant matters include the overall design and control of...more

The Securities and Futures Commission of Hong Kong comments on ICOs

by DLA Piper on

The Securities and Futures Commission of Hong Kong (the SFC) has debunked the myths that no securities laws apply to ICOs. In its first direct statement on the subject, the SFC fired a warning shot at issuers and...more

Stepping In: Arbitration Can Benefit All Parties

Arbitration can be a simpler, more effective alternative to the Labour Tribunal yet surprisingly few people are familiar with the process. It’s not for every employee, or for every dispute, but arbitration makes sense up...more

Red Notice Newsletter - August 2017

ANTICORRUPTION DEVELOPMENTS - MTS Receives DOJ and SEC Declination Letters Concluding FCPA Investigations - On August 7, 2017, MTS Systems (MTS), a Minnesota based maker of test systems and industrial position...more

Financing arbitration: Someone wants to pay your legal bills

Arbitration is quicker and more cost-effective than court. And no one likes paying legal bills. Life can be strange, however, and, in the arbitration context, perhaps neither of these “truisms” stands up any longer. It is...more

SFC Proposes Rules and Code for Open-Ended Fund Companies

by Dechert LLP on

Recently, the Hong Kong Securities and Futures Commission (SFC) published a consultation paper on the Securities and Futures (Open-ended Fund Companies) Rules (Rules) and Code on Open-ended Fund Companies (Code) which, if...more

Salary History To Ask or Not To Ask

The question of salary history has long been a topic of disagreement between employers and their prospective employees. One party wants to know, while the other prefers not to tell. Both have what they consider to be valid...more

UK Implementation of MiFID II (for Hong Kong and Other Asian Managers)

The release by the UK Financial Conduct Authority (FCA) on 3 July 2017 of its final rules on the implementation of the revised Markets in Financial Instruments Directive 2014/65/EU and the new Markets in Financial Instruments...more

Survey of 2016 Conflict Minerals Filings Released

Development International has released its annual survey of conflict minerals reports for the 2016 reporting period which were filed in 2017. Despite the SEC’s no action position which relaxed conflict minerals reporting...more

An expensive omission?

by Hogan Lovells on

On 25 July 2017, a travel agency in Hong Kong and its deputy operations manager were convicted of the offence of "misleading omissions" under the Trade Descriptions Ordinance ("TDO"). They were found to have omitted telling...more

Paths to social risk reform for the Hong Kong financial markets

by DLA Piper on

The Asia-Pacific business environment is rife with social risk, manifested as human trafficking, forced labour, modern day slavery, child labour, safety and work environment issues, and other labour rights violations. In the...more

Rolling in the Regulations for Robo-Advisers

by Bryan Cave on

Robo-advisers have surged in popularity as people seek low-cost, automated investment opportunities. In a worldwide forecast, the number of people to use robo-advisory services is estimated to reach 95.4M by 2021 compared to...more

Hong Kong court appoints receivers to preserve assets in aid of arbitral proceedings in China

by Hogan Lovells on

The Hong Kong High Court has appointed receivers over shares in a Hong Kong company as an interim measure to preserve the status quo and the value of the shares, pending the outcome of CIETAC arbitration proceedings in...more

Cold calls in hot water: Hong Kong consultation paper on P2P telemarketing

by Hogan Lovells on

Businesses may often use peer-to-peer ("P2P") telemarketing calls involving interpersonal communication to promote goods and services directly to customers. While such calls may be effective in some cases, they appear to be...more

Governance & Securities Law Focus: Europe Edition - July 2017

by Shearman & Sterling LLP on

In this newsletter, we provide a snapshot of the principal European, US and selected international governance and securities law developments of interest to European corporates. Please see full Newsletter below for more...more

New International Rules of Chinese Arbitration Association Streamline Processes

by Jones Day on

The Chinese Arbitration Association ("CAA") adopted the Chinese Arbitration Association International Arbitration Rules 2017 ("CAAI Rules") on July 1, 2017. The Rules—which can apply only to arbitrations seated outside of...more

Reducing barriers to new entrants to the banking sector

by Dentons on

The Government announced in the 2017-18 Budget that it will act to reduce regulatory barriers to entry for new and innovative entrants to the banking system....more

Hong Kong Enacts Apology Legislation

On 13 July 2017 the Hong Kong Legislative Council passed the Apology Ordinance. This decrees that an out-of-court expression of a person’s regret, sympathy or benevolence, including a statement that he is sorry about a...more

Bond Connect – The Fast and Furious Way to the China Interbank Bond Market

by Dechert LLP on

Following announcement of the proposed launch of a bond trading link between China and Hong Kong (Bond Connect) earlier this year, Bond Connect officially launched on July 3, 2017. Bond Connect allows foreign institutional...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

Recently installed Chairman Jay Clayton delivered his first remarks this week, outlining his views for moving forward. The Chairman emphasized IPOs, market structure, assessing the impact and cost of regulations and cyber...more

SEHK Invites Market Feedback on Establishment of New Listing Board

On June 16, 2017, the Stock Exchange of Hong Kong Limited (SEHK) published a concept paper setting forth proposals for the establishment of a new listing board (the "New Board"), with a view to attracting "New Economy"...more

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