Lawyer Feature: Pham Duy Khuong of ASL Law

Reading Time: 4 minutesJointly organised by Asia Law Network together with the Law Society of Singapore, the Singapore Corporate Counsel Association and our Australian Counterparts, AlphaCreates and ASEAN Legal Tech Association, the Insider Guide to Legal in Singapore saw Anthony as one of the delegates who came by Singapore for the event. One of the event’s foreign delegates was lawyer […]

What marketers and business owners should know about the Thailand’s Personal Data Protection Act (PDPA)?

Reading Time: 5 minutesThailand has adopted the principals of the EU General Data Protection Regulation (“GDPR”). The Personal Data Protection Act (“PDPA”) legislation was approved and published in the Royal Gazette on May 27, 2019. A one-year grace period has been given, while the committee and office are being formed, so there is only a short time to […]

Myanmar Legal Update: Foreign Companies Allowed to Export Certain Local Products

Reading Time: 2 minutesOn 6 June 2019, the Ministry of Commerce (“MOC”) issued Notification No.24/2019 (the “Notification”) that allows foreign companies to export certain local products by exercising powers under Section 13 (b) of the Export and Import Law. In order to raise the quality of Myanmar exports, boost international demand for local goods and raise earnings for […]

Can employers rely on “team based” commission and team leader bonus already paid to employees to deduct sickness allowance, holiday pay and annual leave pay payable to employees?

Reading Time: 6 minutesIntroduction In a recent case Mak Wai Man v Richfield Realty Ltd [2019] HKDC 358, the District Court clarified whether statutory entitlements (including sickness allowance, holiday pay and annual leave pay) payable to employee under the Employment Ordinance (Cap. 57) can be reduced by “team based” commission (the “Commission”) and team leader bonus (the “Bonus”) already paid […]

香港:医疗疏忽——医生应向病人披露多少治疗风险资料?

Reading Time: 1 minutes简介
医生通常在两种情况下须负上疏忽法律责任:第一是在施行医疗程序时疏忽;第二是在征求病人同意进行医疗程序时,未有向病人披露医疗程序的风险。
就上述第一种情况,我们在早前在〈医疗疏忽——认识医护人员对病人的责任〉一文中已探讨了如何采用Bolam测试确定须具备的谨慎责任的标准。至于第二种情况,由于英国最高法院在Montgomery v Lanarkshire Health Board [2015] UKSC 11一案中的裁决,Bolam v Friern Hospital Management Committee [1957] 1 WLR 582案中确立的传统测试(「Bolam测试」)在英国不再适用。

Myanmar Legal Update: INGOs & NGOs Conducting MFI Activities Must Be Registered as Companies and Re-Apply for Microfinance Business License

Reading Time: 2 minutesOn 4 June 2019, the Financial Regulatory Department (“FRD”) issued a letter (“Letter”) directing International Non-Governmental Organizations (“INGOs”) and Non-Governmental Organizations (“NGOs”) which carry out microfinance activities to register as companies and re-apply for Microfinance Business Operation Licenses (“MFBOL”). The FRD had previously issued MFBOLs to 3 INGO groups, 16 NGO groups, 47 foreign companies, […]

Myanmar Legal Update: New Set of Interest Rates for Microfinance Institutions

Reading Time: 2 minutesAmong recent developments happening in the banking and finance sector, the Microfinance Business Supervisory Committee (“MBSC”) issued Directive 1/2019 (the “Directive”). This Directive lays down a new set of interest rates which shall be followed by all microfinance institutions operating in Myanmar. Under the new Directive, the interest rate for microfinance loans shall be charged […]

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 […]

香港:怎样才可终止我在物业中的共有权?

Reading Time: 1 minutes分划(partition)是终止物业共有权(co-ownership)的其中一种方法,令每名共有人(co-owner)成为其获分配之土地财产的唯一业主。这与联权共有权(joint tenancy)的划分不同,后者只会令共有人变成分权共有人(tenants in common),但仍然共同拥有物业。分划可以透过自愿签立契据进行;如共有人之间无法达成共识,则可根据香港法例第352章《分划条例》(「该条例」)提出诉讼,要求分划或出售物业。

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 […]

Lawyer Feature: Connor James of Law Quarter

Reading Time: 4 minutesJointly organised by Asia Law Network together with the Law Society of Singapore, the Singapore Corporate Counsel Association and our Australian Counterparts, AlphaCreates and ASEAN Legal Tech Association, the Insider Guide to Legal in Singapore saw Anthony as one of the delegates who came by Singapore for the event. We had the chance to speak to Connor […]