Reading Time: 1 minutes不少香港公司规定，雇员若未作出披露或未经同意从事兼职，即属违反合约，可能会面临纪律处分、解雇，甚至被起诉索偿。兼职亦可能触犯《防止贿赂条例》内的刑事罪行。
雇佣合约或人力资源政策须列明准则，规定雇员就其收受的利益及任何外间薪酬（包括兼职）作出充分披露，以及订明审批权谁属。就相关政策提供培训、加深雇员的认识、制订审批权，以及建立申报外间工作的机制都是关键所在。
Cambodia Tax Alert: Use of Khmer Riel in Tax Invoices
Reading Time: 2 minutesNotification 4908 issued by the General Department of Taxation (GDT) on the 18th of March 2019 requires all registered taxpayers in the self-assessment taxation regime in Cambodia to now provide the total amounts, in tax invoices that they issue to customers, in Khmer Riel (KHR). For completeness the itemized amounts in a tax invoice do […]
Vietnam: Work Permit – The Key Point in Resolving Labour Disputes with Foreign Employees
Reading Time: 9 minutesOne of the requirements for foreigners to work in Vietnam is to be granted a work permit by the competent Vietnamese authorities (Article 169.1.(d) of the 2012 Labor Code). However, due to the practical, day-to-day demands of business, many companies do not comply with this regulation and often sign labor contracts with foreign employees without […]
Philippines Legal Alert: Philippines Overhauls Corporation Law to Aid Business
Reading Time: 3 minutesContributed by Ocampo & Suralvo Law Offices Aiming to provide a more business-friendly environment and boost the competitiveness of the economy, the Philippines recently enacted Republic Act No. 11232 or the Revised Corporation Code, which replaces the old code. Under the old law, a corporation’s maximum term of existence was 50 years. Even though this […]
香港：在甚么情况下法院才会批准共同管养权的申请？
Reading Time: 1 minutes在近期的婚姻诉讼案件XS对LB [2018] CHKEC 639中，父亲要求拥有与母亲共同管养儿子的共同管养权要求，遭法院驳回，法院认为将儿子的管养权、照顾和管束权颁予母亲，符合儿子的最佳利益，理由是父亲和母亲的感情和沟通基础薄弱，在过去多年来，双方不能在儿子事宜上，有效地沟通和互相合作，而且母亲愿意作出一系列承诺、确认和同意，释除父亲的各种担心。
Cambodia Tax Alert: Interest Rate Update/Transfer Pricing
Reading Time: 3 minutesMarket rates On 13 March 2019, the General Department of Taxation (“GDT”) released Notification 4630, which provides the “market rates” for determining the caps on interest rate deductions for loans that had been entered into using Khmer Riel (“KHR”) and United States Dollars (“USD”) in the 2018 financial year. The “market rates” for 2018 are as […]
Hong Kong: Mutual recognition of funds between Luxembourg and Hong Kong
Reading Time: 5 minutesIntroduction The Securities and Futures Commission (“SFC”) from Hong Kong and the Commission de Surveillance du Secteur Financier (“CSSF”) from Luxembourg have entered into a Memorandum of Understanding (“MoU”) on Mutual Recognition of Funds (“MRF”) on 15 January 2019, which will allow eligible Hong Kong public funds and Luxembourg UCITS fund (a collective investment scheme […]
Vietnam Legal Alert: New Regulations Further Restrict the Scope of Local Lending in Foreign Currency
Reading Time: 2 minutesThe State Bank of Vietnam (the “SBV”) issued Circular No. 42/2018/TT-NHNN dated 28 December 2018 (“Circular 42”) that amends and supplements specific articles of Circular No. 24/2015/TT-NHNN of the SBV dated 8 December 2015 (“Circular 24”) regulating lending in foreign currencies to resident borrowers by credit institutions and foreign bank branches established and operating in […]
Vietnam Legal Update: Proposed New Solar Feed-In-Tariff
Reading Time: 4 minutesOn 22 February 2019, the Ministry of Industry and Trade of Vietnam (the “MOIT”) publicized a draft Decision (the “Draft Decision”) that will replace Decision No. 11/2017/QD-TTg issued by the Prime Minister of Vietnam dated 11 April 2017 ( “Decision 11”) on mechanisms to encourage the development of solar power projects in Vietnam. The Draft […]
Hong Kong: Amendments to an employment contract – whether there is “real benefit” to an employer
Reading Time: 4 minutesIntroduction In our previous newsletter “Amendments to an Employment Contract Must Be Supported by Fresh Consideration” (September 2017), we discussed the ruling of the Court of First Instance (“CFI”) in Wu Kit Man v Dragonway Group Holdings Limited HCLA 15/2016, where the CFI held that amendments to an existing employment contract were unenforceable due to lack of […]
Hong Kong: The Competition Tribunal refuses last-minute application to amend pleadings two months before trial
Reading Time: 4 minutesIntroduction In Competition Commission v Wing Hing Construction Co Ltd [2018] HKCT 6, the Competition Tribunal refuses a respondent’s application to amend its Response and file new witness statements in substitution for a statement already filed. Factual background In these proceedings, the respondents were contractors appointed from a reference list of the Hong Kong Housing Authority to […]
Indonesia Legal Alert: A Regulatory Pole Vault for the Indonesian Crypto-Industry
Reading Time: 2 minutesFebruary 2019 was a tumultuous month for the Indonesian crypto-industry with the introduction of regulations that impose staggering thresholds for minimum capital and closing balance requirements among other stringent qualifying criteria for Crypto Asset Exchanges, Custodians, Clearing Agencies and Traders. The regulatory rationale advanced by Indonesia’s Commodity Futures Trading Supervisory Authority, “Bappebti” is that in […]