Hong Kong

News & Analysis as of

Hong Kong Law Update: Using the Common Law to Enforce an Arbitral Award

A successful party in an arbitration made efforts to enforce an arbitral award in its favour in Hong Kong by means of the statutory process to enforce an arbitral award as if it were a judgment of the Hong Kong Court, only to...more

CFTC Brings Significant Enforcement Action Against Online Cryptocurrency Exchange

The action reflects the CFTC’s expanded jurisdiction and provides further clarity on what constitutes “actual delivery” in cryptocurrency trading. On June 2, 2016, the US Commodity Futures Trading Commission (CFTC)...more

Stay Smart When Hiring Summer Interns

As the summer holiday approaches, many eager university students will be looking at working as an intern to gain work experience. For many businesses, hiring summer interns is a great way to scout out potential talent and...more

Hong Kong Securities Laws Violations: SFC’s Case Against Moody’s – Part 2

On March 31, 2016, the Securities and Futures Appeals Tribunal (“SFAT”) upheld the disciplinary action of the SFC against Moody’s. This landmark decision is the first of its kind, as a disciplinary action brought by the...more

The Financial Report - Volume 5, No. 11 • June 2016 (Global)

Discussion and Analysis - A few years ago, David Blass, then Chief Counsel of the SEC’s Division of Trading and Markets, created a stir when he said in a speech that private fund advisers should be concerned about some...more

CFTC Fines Bitfinex For Failing To Register and Operating An Illegal Exchange

The U.S. Commodity Futures Trading Commission (CFTC), showing continued regulatory interest in digital currency companies, issued an Order and settled charges against Hong Kong-based digital currency exchange Bitfinex. The...more

Cybersecurity initiative announced for Hong Kong banking sector

The Hong Kong Monetary Authority (the HKMA) last month issued a circular on the new supervisory requirement for 'authorised institutions' (ie those banks regulated by the HKMA) to implement the Cybersecurity Fortification...more

Amendments to the Companies (Winding Up and Miscellaneous Provisions) Ordinance – A Missed Opportunity?

On 3 June 2016, the Hong Kong Government gazetted the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 (“Amendment Ordinance”). The date of commencement of the Amendment Ordinance will be...more

Can Fintech Startups Carry Out Crowd-Funding in Hong Kong?

What is crowd-funding? “Crowd-funding” is an umbrella term describing the use of small amounts of money, obtained from a large number of individuals or organisations, to fund a project, a business or personal loan, and...more

This Week In Securities Litigation

The Second Circuit rejected a challenge to the SEC’s venue selection decisions, concluding that the district court did not have jurisdiction to hear an issue regarding the Appointments Clause. This is the third circuit court...more

This Week In Securities Litigation

In a holiday shortened week the Commission brought actions centered on: a transfer agent and one of its owners who conducted a fraudulent offering for another company and then sold unregistered shares into the market; a...more

Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia: Permanent Court of Arbitration Tribunal Publishes...

The Permanent Court of Arbitration (“PCA”) has just released the full award of the Tribunal in Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia, which was rendered in late 2015. We previously published...more

"Hong Kong Takeovers Panel Invalidates Whitewash Waiver Granted to Alibaba"

The recent decision of the Hong Kong Takeovers and Mergers Panel (the Panel) in relation to Alibaba Health Information Technology Limited (formerly CITIC 21CN Company Limited (21CN)) has reemphasized the fundamental...more

Mobile apps under close watch of the Kong Kong Privacy Commissioner

The Hong Kong Privacy Commissioner has taken a keen interest in promoting and ensuring the privacy compliance and security of mobile apps. On 21 April 2016, the Office of the Privacy Commissioner for Personal Data (the PCPD)...more

Hong Kong Law Update: Registering a Mainland Judgment in Hong Kong

A recent decision of the Hong Kong Court of First Instance (CFI) in relation to the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597) (“the Ordinance”) confirms that the CFI will not lightly set aside...more

When HR Meets Law: Risks engendered by use of social media during employment

(English and Chinese Version) The prevalent use of social media during employment may create potential risks for companies ranging from information leaks to reputation damage. DLA Piper discusses possible supervisory...more

When HR Meets Law: Family Friendly Employment Practices

(Chinese & English version) Achieving a healthy “work-life balance” is a challenge for many professionals as most are expected to work longer and harder to meet various business targets. Employment lawyers from DLA Piper...more

Hong Kong in the Spotlight – the ICIJ Release Panama Papers Offshore Companies Data

On May 9, 2016 the International Consortium of Investigative Journalists (ICIJ) released a searchable database with information on almost 320,000 offshore entities from of the Panama Papers and Offshore Leaks investigations....more

Celebrating Privacy Awareness Week: Asia Pacific data privacy update - May 2016

The past few months have seen many substantial and interesting developments in data privacy laws and practices across the Asia Pacific region, including significant enforcement activity in Singapore and Hong Kong, important...more

Recognition and enforcement of a Mainland judgment in Hong Kong: First reported decision

Significance of the Decision - The Mainland Judgments (Reciprocal Enforcement) Ordinance (“Mainland Judgments Ordinance”) allows recognition and enforcement of Mainland money judgments in Hong Kong by way of...more

This Week In Securities Litigation

The Commission prevailed at trial this week, securing a favorable verdict after a two week jury trial. The action centered on false statements made by an executive regarding regulatory approvals for the only drug of the...more

Community service ordered for direct marketing offences in Hong Kong

Last month, an insurance agent was charged and convicted of two offences under the Personal Data (Privacy) Ordinance (Ordinance), receiving a Community Service Order of 80 hours. This marks the fifth reported occasion on...more

How to Schedule Chinese Depositions

As mentioned in a previous blog, depositions are illegal in mainland China. As lawyers and paralegals know all too well, however, few barriers are actually insurmountable. The simplest and oft-used solution to the problem...more

Tax Newsletter - January / February 2016 (China & Hong Kong)

Welcome to the latest issue of our Tax newsletter. In this issue, we have covered a number of developments and cases in the PRC and Hong Kong which could impose legal and tax implications to your business. In the PRC,...more

China's Nationwide VAT Reform - Implementation Rules Issued

In this issue, we have covered a number of developments and cases in the PRC and Hong Kong which could impose legal and tax implications to your business. In the PRC, there has been an important development in the past...more

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