HONG KONG: The Competition Tribunal handed down a judgment on market sharing and price fixing for the first time

Reading Time: 6 minutesIntroduction On 17 May 2019, the Competition Tribunal (the “Tribunal”) handed down two decisions for the enforcements actions initiated by the Competition Commission (the “Commission”), comprising Competition Commission v Nutanix Hong Kong Limited and Others [2019] HKCT 2 and Competition Commission v W. Hing Construction Company Limited and Others [2019] HKCT 3. Both cases involved breach of the first […]

HONG KONG: CFA clarifies the proper approach for interpreting “Red Flag” Reports

Reading Time: 5 minutesIntroduction In Moody’s Investors Service Hong Kong Ltd v Securities and Futures Commission (SFC) [2018] HKCFA 42, the Court of Final Appeal (“CFA”) dismissed an appeal brought by Moody’s Investors Service Hong Kong Ltd (“Moody’s”) in relation to SFC’s disciplinary action concerning a report entitled “Red Flags for Emerging-Market Companies: A Focus on China” (the “Report”).  We […]

Vietnam Legal Update: Draft Public-Private Partnership Law

Reading Time: 3 minutesRecently, the Ministry of Planning and Investment of Vietnam published a draft of Law on Public-Private Partnership (the “Draft PPP Law”). The Draft PPP Law is expected to be submitted to the Government during the 8th Session of Legislature XIV for consideration, with potential passage during the 9th Session of Legislature XIV. The current public-private […]

Insider Guide to Legal in Singapore: Roundtable #3

Reading Time: 2 minutesAsia Law Network together with the Law Society of Singapore, the Singapore Corporate Counsel Association and our Australian Counterparts, AlphaCreates and ASEAN Legal Tech Association, co-hosted the 2-day event which saw lawyers from Singapore and within the region visiting some of Singapore‘s  companies and law firms to exchange ideas, share progress and fostered relationships between countries. The third roundtable […]

香港:绿化工程必须符合法例

Reading Time: 1 minutes背景
2016年5月20日,香港城市大学(「城大」)陈大河综合会堂的大型屋顶在毫无先兆下突然倒塌,导致在场三人受伤。事件起因相信是面积达1,400平方米的天台覆盖了草皮,最终因不胜负荷而倒塌。

这宗意外显示,屋顶覆盖植物及泥土会造成超重风险,亦令人质疑天台绿化工程缺乏监管。由于城大承认有关工程事先并没有向屋宇署入则,亦惹人关注天台绿化工程的合法性。

Government Involvement in Thailand’s Human Resource Development

Reading Time: 4 minutesWhat are the HR incentives granted by the BOI to investors who contribute to human resource development? The Thai government is active in pursuing industrial and technology development in the eastern seaboard region under the umbrella of the Eastern Economic Corridor (EEC). The promoted territory initially comprises three provinces, namely Chachoengsao, Chonburi, and Rayong. Economic […]

7 Costly Legal Mistakes Startups Make When Issuing Equity

Reading Time: 10 minutesWhile sitting in your co-sharing office space, anxiously waiting to make your next presentation on your App, you ponder nervously if your investors would be interested in your App. You have worked with your team for many months and this next presentation is one of many you have made to scrutinizing investors. You continue to […]

THAILAND: How the Private Trust Bill functions in terms of foreign private wealth for establishing a trust in Thailand?

Reading Time: 4 minutesTrust arrangements used to be totally prohibited in Thailand, but were opened for the capital market investment and fundraising in 2007 by the legislation of The Trust for Transactions in Capital Market Act. Soon after enactment, the Real Estate Investment Trust (“REIT”) became available from various financial institutions for the purposes of fundraising and investment […]

INDONESIA: Inter-State Letters Rogatory and Delivery of Court Documents

Reading Time: 2 minutesOn 20 February 2018, the Supreme Court and Ministry of Foreign Affairs (“MFA”) concluded a Memorandum of Understanding regarding the Handling of Requests for Technical Assistance in Civil Matters (“2018 MOU”). This new MOU replaces the previous MOU signed on 13 February 2013 (“2013 MOU”). Unlike the 2013 MOU, the 2018 MOU is supported with […]

HONG KONG: Can an internal non-legal representative of a litigant be a member to a confidentiality ring?

Reading Time: 4 minutesIntroduction Taching Petroleum Company Limited (“Taching”) and Shell Hong Kong Limited (“Shell”) have respectively sold industrial diesel oil to Meyer Aluminium Limited (“Meyer”) and sue for the diesel oil purchase price. In its defence, Meyer argued that Taching and Shell have colluded to fix the price or exchanged price information in breach of the First […]

INDONESIA: Digital Financial Innovation Regulation – New Era of a Dynamic Digital Economy

Reading Time: 4 minutesIn order to support innovations in the financial technology sector at its current expeditious pace, the Financial Services Authority (Otoritas Jasa Keuangan – “OJK”) has implemented a ground-breaking regulatory policy through OJK Regulation No. 13/POJK.02/2018 concerning Digital Financial Innovation in the Financial Services Sector (“OJK Regulation 13/2018”). This long-awaited regulation aims to provide a regulatory corridor […]

HONG KONG: The SFC’s most severe disciplinary actions taken against sponsors

Reading Time: 7 minutesIntroduction On 14 March 2019, the Securities and Futures Commission (“SFC”) reprimanded and fined UBS AG and UBS Securities Hong Kong Limited (collectively, “UBS”), Merrill Lynch Far East Limited (“Merrill Lynch”), Standard Chartered Securities (Hong Kong) Limited (“Standard Chartered Securities”) and Morgan Stanley Asia Limited (“Morgan Stanley”) a sum of HK$375 million, HK$128 million, HK$59.7 […]