Hong Kong updates

Arbitration & ADR

Contributed by William KW Leung & Co
Successful completion of cross-border asset preservation worth more than $20 million
  • Hong Kong
  • 19 December 2019

In September 2019 the Judicial Committee of the Supreme People's Court adopted the Arrangement Concerning Mutual Assistance in Court-Ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (MAA). Pursuant to the MAA, a mainland court recently assisted the Hong Kong International Arbitration Centre (HKIAC) in an arbitration which had been referred to it by the HKIAC.


Employment & Immigration

Contributed by Howse Williams 何韋律師行
Hong Kong employment issues arising from coronavirus disease
  • Hong Kong
  • 11 March 2020

On 4 February 2020 Hong Kong reported its first fatality relating to Coronavirus Disease 2019 (COVID-19), which originated in Wuhan, China. COVID-19 has caused serious disruption to the Hong Kong economy and has had a considerable impact on the workforce. This article sets out some of the key issues that employers should consider in dealing with the outbreak, particularly with regard to discrimination, data privacy issues and employees' right to refuse work.

Hong Kong protests: employment issues
  • Hong Kong
  • 30 October 2019

Since June 2019, Hong Kong has faced ongoing protest action. These protests were initially directed at the enactment of the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill, but their scope has subsequently expanded. This situation has created serious challenges for employers trying to manage and protect their employees. As these protests continue, employers must understand what they can and cannot do.

How does the GDPR affect Hong Kong employers?
  • Hong Kong
  • 28 August 2019

The General Data Protection Regulation (GDPR) came into effect in the European Union in 2018. At its core, the GDPR aims to give individuals more control over the way in which their personal data is collected, retained, managed and processed. Despite being an EU regulation, the GDPR's application extends to companies in Hong Kong and employers there should thus be aware of what they must do to comply with it.

Overturning lower court's decision – Court of Final Appeal hands down milestone judgment to LGBT community
  • Hong Kong
  • 10 July 2019

The Court of Final Appeal recently handed down a landmark judgment in favour of the LGBT community. Employers are recommended to review their policies to ensure that they are in line with the principles laid down in the decision. In particular, employers should ensure that spousal employment benefits (eg, those set out in employment contracts) also apply to same-sex spouses, in addition to opposite-sex spouses.

When 'wages' mean more than just your salary
  • Hong Kong
  • 03 April 2019

In Hong Kong, an employment contract can be terminated by either the employer or the employee by giving the other party notice or making a payment in lieu of notice. A payment in lieu of notice is calculated by reference to the average daily wages earned by the employee in the 12 months preceding the day on which notice of termination is given. It is therefore important to understand what is meant by 'wages' under the Employment Ordinance.


Insurance

HKIA launches public consultation to update its guidelines
  • Hong Kong
  • 08 January 2019

The Hong Kong Insurance Authority (HKIA) will take over the regulation of insurance intermediaries from the three self-regulatory organisations in mid-2019. Given that there are several sets of competence standards across these organisations, it is necessary to consolidate and update them in line with the statutory requirements to improve protection for policyholders. As such, the HKIA recently held a public consultation on two guidelines under the Insurance Ordinance (Cap 41).

Hong Kong reinsurers to receive preferential treatment from Chinese regulators
  • Hong Kong
  • 11 September 2018

The Hong Kong Insurance Authority (HKIA) has achieved a consensus with the China Banking and Insurance Regulatory Commission that the latter will provide preferential treatment to Hong Kong reinsurers by reducing the reinsurance credit risk requirement under China's Risk-Oriented Solvency System for mainland insurers that use Hong Kong reinsurers authorised by the HKIA. This new arrangement should improve Hong Kong's credentials as an Asian reinsurance hub.

Hong Kong Insurance Authority launches consultation on draft enterprise risk management guideline
  • Hong Kong
  • 10 July 2018

The Hong Kong Insurance Authority recently released a draft guideline on enterprise risk management as part of Hong Kong's move towards a risk-based capital regime. The draft guideline considers the recent consultation and review of the relevant insurance core principles by the International Association of Insurance Supervisors and aims to nurture a strong risk culture which reflects the values, attitudes and norms of business behaviour.


Litigation

Contributed by RPC
Closing the GAP
  • Hong Kong
  • 19 May 2020

The general adjourned period, during which the courts in Hong Kong were closed save for urgent and essential court business, ended on 4 May 2020. From that date, the civil courts generally resumed normal business, although certain public health measures remain in place and it will take some time before the backlog of civil cases is cleared, particularly as the courts' resources were already stretched before COVID-19.

General adjournment did not extend duration of urgent injunction
  • Hong Kong
  • 28 April 2020

In Hong Kong, the courts have generally been closed, save for urgent and essential court business, as a result of COVID-19. Details have been set out in various public notifications issued from time to time by the judiciary administration. However, a court has held that the general adjourned period (GAP) does not generally extend the duration of an injunction granted on an urgent basis before the GAP commenced and listed for a return date (for continuation or discharge) that falls during the GAP.

Hong Kong courts begin use of videoconferencing
  • Hong Kong
  • 14 April 2020

Given the extended general adjourned period, during which the courts in Hong Kong have been closed except for urgent and essential court business, the judiciary has adopted an incremental approach to the use of technology for remote hearings. Set against the background of the COVID-19 public health emergency, the new Guidance Note for Remote Hearings for Civil Business in the High Court represents Phase 1 of the courts' adoption of IT initiatives for civil proceedings in Hong Kong.

Litigation in the time of coronavirus (brief update)
  • Hong Kong
  • 31 March 2020

The 'general adjourned period' (GAP) during which the courts in Hong Kong have been closed, save for urgent and essential court business, has been extended to 13 April 2020. The GAP is a consequence of the extraordinary measures adopted in Hong Kong to combat the coronavirus public health emergency.

In with the old and the new technology
  • Hong Kong
  • 17 March 2020

The High Court recently decided that it can, as part of its case management powers and of its own volition, order that a directions hearing take place by means of a telephone conference without the physical presence in court of the parties or their legal representatives. The court's decision is set against the background of the extraordinary measures adopted in Hong Kong to combat the coronavirus public health emergency.