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Hong Kong completes public consultation on copyright laws for AI-generated works
04 November 2024The government recently completed a two-month public consultation on copyright issues arising from the latest developments in artificial intelligence (“AI”).
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Hong Kong In-house Community Congress 2024 - Key Takeaways
22 October 2024Our experienced team comprising employment specialists Catherine Leung and Matthew Durham, along with disputes partner Kenix Yuen presented on “Conducting Internal Investigations with Confidence”. During the session, they covered the life cycle of an internal investigation, highlighting the specific legal, logistical, strategic, and practical issues that in-house lawyers need to consider when dealing with allegations and complaints.
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Winning the talent war in Hong Kong
09 October 2024The last three years has seen a seismic shift not only in the way employees want to work in Hong Kong but also in the labour pools which are available to employers. Post-covid remote working, an ageing workforce, an exodus of expatriates and Hong Kongers leaving following the implementation of the National Security Law and a general skills shortage means competition in Hong Kong is fierce and employers are having to strategise how to address the issue of talent and staff retention to remain competitive.
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Hong Kong paves the way for its first cybersecurity legislation as cyberattacks become increasingly “commonplace”
19 September 2024On 25 June 2024, the Government announced its proposals to enact a new cybersecurity legislation, tentatively ‘the Protection of Critical Infrastructure (Computer System) Bill’ (“Bill”).
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Typhoon trading: Hong Kong Stock Exchange scraps seven-decade practice of suspending stock market trading during typhoons and extreme weather conditions – what this means for financial services employers
12 September 2024Starting from 23 September 2024, the Hong Kong Stock Exchange (HKEX) will allow the trading of stocks and derivatives during extreme weather conditions. Trading during such time will be termed severe weather trading (“SWT”). The move has been made to bolster Hong Kong’s position as an international financial hub. HKEX, brokers and the government will benefit financially if market closure can be avoided during the typhoon season. However, banks and brokerage firms must ensure that their employees’ personal safety is protected if they are required to carry on business as usual in times of adverse weather.
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HK CFI finds investment bank did not breach implied terms of employment contract
10 September 2024In Yang Zhizhong v. Nomura International (Hong Kong) Limited, [2024] HKCFI 2192 the Court of First Instance dismissed a claim by a former senior employee for discretionary bonus, unvested bonus awards and wrongful termination.
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Increase in applications received for Hong Kong’s new Capital Investment Entrant Scheme – what it means for employers
04 September 2024The Government launched the new Capital Investment Entrant Scheme (new “CIES”) earlier this year, in line with its ongoing efforts to revitalise Hong Kong’s economy.
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Older workers as a solution to talent shortage: Hong Kong Labour Department launches Re-employment Allowance Pilot Scheme to “unleash potential” of elderly and middle-aged workforce
14 August 2024On 15 July, the Labour Department launched a three-year Re-employment Allowance Pilot Scheme (“REA Scheme”) to incentivise ‘elderly and middle-aged’ people to rejoin the workforce.
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Investigative powers of the U.S. Grand Jury in prosecuting intellectual property crimes
05 August 2024Earlier this year, a federal grand jury indicted a former Google engineer, Linwei Ding, a Chinese national, for allegedly stealing AI trade secrets to benefit two China-based companies he was secretly working for. According to the indictment, Ding allegedly stole over 500 files containing confidential information about Google’s AI hardware infrastructure and software. He has been charged with four counts of theft of trade secrets, and faces up to ten years in prison and a US$250,000 fine on each count if convicted.
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Hong Kong’s MPF Authority launches e-platform to simplify MPF administration for employers and employees
26 July 2024The Mandatory Provident Fund (MPF) Schemes Authority (“MPFA”) has commenced a major overhaul of the Hong Kong pensions system with the launch of the eMPF Platform in June 2024. The eMPF Platform is a centralised electronic platform designed to streamline MPF administration for employers, employees and MPF trustees. This is the largest reform of the MPF system since its inception in December 2000.
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Auctioning off privacy
21 June 2024A well known auction house with operations in Hong Kong was recently hit by a major cyberattack, resulting in a shutdown of its website just days before its spring auctions began. The ransomware group, RansomHub, claimed to be behind the cyberattack and threatened to release sensitive personal information of at least 500,000 clients worldwide unless a ransom was paid.
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Can victims of sexual harassment choose to stay anonymous?
28 May 2024A recent decision in the Hong Kong District Court sets out the legal principles to be applied in the granting of Anonymity Orders in sexual harassment cases. In this case, the Respondent’s application to set aside an Anonymity Order in favour of the Claimant was granted, sending a clear message that anonymity in sexual harassment claims is not automatic and must be properly obtained.
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Hong Kong Asset Tracing: Letter of No Consent ≠ Freezing Order 香港资产追踪： 不同意书 ≠ 冻结令
17 April 2024A recent Court of Final Appeal decision upholds the constitutionality of the letters of no consent regime as operated by the Hong Kong Police Force. 终审法院最近的一项判决维持了香港警方实施不同意书制度的合宪性。
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HK SFC Enforcement Action - CFOs of listed companies beware 香港证监执法行动 - 上市公司首席财务官要小心
09 April 2024A recent High Court decision confirmed that directors of listed companies may be disqualified and / or ordered to personally compensate the company for the misappropriation of company funds by other officers, even in the absence of any financial gain by the director.
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Unveiling the Struggles of Hong Kongs Invisible Workforce
12 March 2024According to government statistics as of 2022, there are more than 338,000 foreign domestic workers (“FDWs”) in Hong Kong, which accounts for almost 5% of Hong Kong’s population. Nearly 10% of households in Hong Kong depend on FDWs for housekeeping and to look after their family members. As such, FDWs are more than just employees; they are the backbone of many households. However, despite the significant role they play in our society, FDWs face a myriad of challenges. This article explores the legal and social challenges they must navigate.
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Lewis Silkin strengthens Hong Kong Dispute Resolution capability with addition of partner Kenix Yuen
Press Release
15 January 2024Lewis Silkin today announces the appointment of Kenix Yuen as a partner in the firm's dispute resolution team.
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Option (1) “The long-awaited reciprocal enforcement regime for Hong Kong-Mainland China judgments”
05 January 2024The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap 645) and rules are set to come into force on 29 January 2024. The Ordinance aims to provide a more comprehensive mechanism for reciprocal enforcement of judgments in civil and commercial matters between Hong Kong and Mainland China.
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No place for pregnancy discrimination at the workplace in Hong Kong
04 September 2023The Claimant was a former employee of the Respondent, a logistics company. Between 2007 – 2011, the Claimant was employed by affiliated companies within the same group. From April 2011, the Claimant began working for the Respondent under successive yearly contracts. Whilst employed by the Respondent, the Claimant received various recognition and appraisals for her work. She was also awarded an annual end-of-year bonus for each year during the period from 2011 to 2016.
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Data breaches in Hong Kong: To notify or not?
31 August 2023In July 2023, the Office of the Privacy Commissioner for Personal Data issued a revised guidance note on Data Breach Handling and Data Breach Notifications. The guidance note sets out practical recommendations on how data users can effectively prepare for and manage data breaches.
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Tipping the Scales: How the Latest Labour Tribunal Ruling Impacts Gig Workers
13 July 2023The burgeoning gig economy has long presented a conundrum in employment law, with its unique model of work raising significant questions about employment status, workers’ right and entitlements.