News & Analysis as of

Hong Kong

Pride and Prejudice: The Power of Apologies

by K&L Gates LLP on

The workplace is an environment where tempers can flare and conflicts arise between co-workers, employers and external parties. More often than not, a simple apology might defuse the tension and help bring the parties towards...more

Arbitration World

by K&L Gates LLP on

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

OTA & Travel Distribution Update - Oct. 20th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending October 20, 2017 is below. Short-term rentals feature prominently is this week’s Update...more

SFC Highlights Deficiencies in Asset Management Industry

• The SFC has identified nine common areas of non-compliance in managing funds and discretionary accounts. • The SFC urged licensed corporations to review their existing internal control procedures and operational...more

Mapping responsibility: HKMA extends focus on management and its accountability

by Allen & Overy LLP on

On the day the transition period for the implementation of the Securities and Futures Commission’s (SFC) Manager-in-Charge regime (MIC Regime) for licensed corporations ended, the Hong Kong Monetary Authority (HKMA) announced...more

6 Key Considerations in China-related Arbitrations

by Latham & Watkins LLP on

Differences in enforcement and arbitral rules could cause difficulties for unwary parties engaged in or considering arbitration in mainland China. China’s economic growth has attracted significant foreign investment in...more

Financial Services Quarterly Report - Third Quarter 2017: Hong Kong SFC Issues Clarification on Standards Expected of Asset...

by Dechert LLP on

The Hong Kong Securities and Futures Commission (SFC) recently released a circular outlining its views on how asset managers should address certain conflicts of interest between private funds and separately managed accounts...more

Financial Services Quarterly Report - Third Quarter 2017: Global Update: Regulators Focus on Initial Coin Offerings

by Dechert LLP on

Since January 2017, more than $2 billion has been raised through the rapidly growing market for so-called “token sales” or “initial coin offerings” (ICOs). The U.S. Securities and Exchange Commission (SEC) announced on July...more

LGBT Immigration Rights Upheld by Hong Kong Court

In a decision likely to please equal opportunities campaigners as well as global financial institutions and other employers of overseas talent in Hong Kong, the Court of Appeal has unanimously struck down an immigration...more

Hong Kong releases Consultation Report on Measures to Counter Base Erosion and Profit Shifting: key topics

by DLA Piper on

The Hong Kong government, represented by the Financial Services and the Treasury Bureau (FSTB) and the Inland Revenue Department (IRD), has released its Consultation Report on Measures to Counter Base Erosion and Profit...more

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

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