business_asialawnetwork
Further on the First Conduct Rule – Is Hong Kong falling behind on the rules governing anti-competitive conduct?

Reading Time: 4 minutesOn 9 April 2018 the Competition Commission (the “Commission”) issued an Advisory Bulletin (the “Bulletin”) addressing competition concerns regarding practices in relation to hiring and employment terms and conditions in the employment marketplace (see, our newsletter published in May 2018). The Bulletin is intended to be read alongside with the Commission’s Guideline on the First […]

marketmisconduct_asialawnetworks
The Court of Appeal clarifies the nature and standard of proof of Market Misconduct Tribunal proceedings in Hong Kong

Reading Time: 4 minutesIn Securities and Futures Commission v Cheng Chak Ngok and Another (CACV 95/2017, 10 September 2018), the Securities and Futures Commission (the “SFC”) appealed against the decision of the Market Misconduct Tribunal (the “MMT”) that Mr Cheng Chak Ngok (“Mr Cheng”) had not engaged in insider dealing in the shares of China Gas Holdings Limited (“China Gas”). […]

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The Competition Commission commenced proceedings in the Competition Tribunal against individuals for the first time in Hong Kong

Reading Time: 3 minutesIntroduction On 6 September 2018, the Competition Commission (the “Commission”) commenced proceedings in the Competition Tribunal (the “Tribunal”) against three companies and two individuals – Mr Chan and Mr Lam in relation to the provision of renovation services at a subsidised housing estate in San Po Kong. Notably, this is the first time that the […]

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Can I get my job back after being unreasonably and unlawfully dismissed in Hong Kong?

Reading Time: 3 minutesIntroduction The Employment (Amendment) (No. 2) Ordinance 2018 (the “Amendment Ordinance”) was passed by the Legislative Council on 17 May 2018 and took effect on 19 October 2018. Under the Amendment Ordinance, the Labour Tribunal is empowered to make an order for reinstatement or re-engagement of an employee in the event of unreasonable and unlawful […]

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Lesbian, gay, bisexual and transgender (LGBT) rights in Hong Kong: The Court of Appeal overturned same-sex civil servants benefits

Reading Time: 4 minutesIntroduction In our Newsletter in June 2017, we discussed the judgment of the Court of First Instance (“CFI”) in Leung Chun Kwong v Secretary for the Civil Service and Another HCAL 258/2015, where the CFI ruled that the Hong Kong Government should grant the same spousal benefits to employees in same-sex marriages as those enjoyed by their heterosexual […]

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Guidance Letter from the Hong Kong Stock Exchange for listing applicants in the internet technology sector in Hong Kong

Reading Time: 6 minutesBackground The Stock Exchange of Hong Kong Limited (the “Exchange”) published a Guidance Letter HKEX-GL97-18 (the “Guidance Letter”) on 6 July 2018 for listing applicants in the internet technology sector or that have internet-based business models (the “IT Sector”), setting out the Exchange’s approach towards such companies to facilitate their listing within the existing regulatory […]

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Would employer be liable when the employee who sustained injury is prohibited from being employed in Hong Kong?

Reading Time: 3 minutesIntroduction In a recent judgement of Tahir Kashif v Safdar Nasar Mahmud [2018] HKDC 600 (the “Tahir Case”), the applicant for employees’ compensation is an asylum seeker from Pakistan. Under the laws of Hong Kong, he is prohibited from engaging in any employment. The Court needs to consider whether (and if so, how) to exercise its power […]

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Legislative proposals for the Hong Kong Trade Marks (Amendment) Bill 2018

Reading Time: 4 minutesIn “Applying for Trade Mark Protection in Multiple Jurisdictions: the Madrid System” Part I and Part II, we introduced the international registration of trademarks and the outcome of the three-month consultation exercise on the proposed application of the proposed application of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”) conducted in […]

Non-disclosure of conflicts of interest may be a crime in Hong Kong – procurement staff beware

Reading Time: 4 minutesIn both public and private sectors, employees of different levels might be empowered to make decisions on engagement of suppliers and contractors etc. It might be very tempting for such employee to procure contracts to be awarded to entities which he or his family members have interests. However, if no proper declaration of interest was […]