A “dawn raid” is the phrase used to describe an unannounced inspection of a company’s business premises or a person’s residential premises, usually early in the morning, often around 9am in the case of business premises.
The Securities and Futures Commission (SFC) is an independent non-governmental statutory body whose authority is to regulate Hong Kong’s financial markets. The Securities and Futures Ordinance (SFO)_came into operation in April 2003 and it contains civil and criminal provisions for dealing with financial misconduct.
The Hong Kong Government has lowered the threshold for compulsory COVID-19 testing to identify and curb the transmission chain of COVID-19 by implementing new measures under the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J) (“Regulation”). In this article, we consider the implications for employers and how to minimise the impact to their businesses.
The issue of sexual harassment and the #MeToo movement in mainland China has burst into the spotlight again recently. Demonstrators defied restrictions on public protests and mass gatherings to collect outside a Beijing court in December in support of Zhou Xiaoxuan (“Zhou”), a young woman bringing a claim of sexual misconduct against Zhu Jun (“Zhu”), a well-known television presenter. Such cases are relatively rare and the high-profile nature of the man accused has resulted in significant attention within China and beyond. The timing coincides with the new PRC Civil Code taking effect on 1 January 2021. Article 1010 of the Civil Code establishes important new principles on what constitutes sexual harassment, expands the scope of recipients to include men, and introduces specific obligations and potential liability for employers in this area.
The COVID-19 pandemic has thrown up many challenges for businesses. Severe and sustained travel restrictions, as well as other uncertainties, have resulted in many employees not taking time off and thus having significant accrued but untaken annual leave entitlements. This creates potential risk for companies. Productivity may be affected if employees all take extended or frequent breaks to use up rolled over leave when the situation eases. Similarly, risk management capability may be undermined if a large number of employees decide to take their leave at specific or peak times. So employers need to consider how to avoid risk and “log-jams” without breaching employee rights. In particular, if necessary, can they require employees to take or to forfeit annual leave?
In a significant advancement towards inclusiveness, the amendment to the Sex Discrimination Ordinance (“SDO”) prohibiting breastfeeding discrimination (“Amendment”) will come into force on 19 June 2021. We have summarized the key legal implications of the Amendment and key takeaways for employers.
Discussing finances can be a sensitive matter for many couples but making sure parties are ‘on the same page’ before marriage is crucial. Here are 5 important things to know about pre-nuptial agreements before deciding whether they are right for you and your partner.
The Privacy Commissioner for Personal Data (“PCPD”) has issued Guidance Notes for (1) organisations, (2) employees, and (3) users of video conference software, with a view to enhance measures for data security and data privacy in the use, storage and handling of personal data when employees work from home (“WFH”). In this article we have briefly summarised the three Guidance Notes (“Guidance”) published by PCPD and set out key takeaways for employers.
The Employment (Amendment) Ordinance 2020 (the “Amendment”) has come into operation from today, 11 December 2020. Our previous update on its details can be viewed here.
The idea of reforming Hong Kong’s corporate rescue regime was first floated back in 1996. It was introduced in the form of the Companies (Corporate Rescue) Bill 2001 but got nowhere due to differences of opinion. This was returned to the table subsequently in 2003, 2009 and 2014, but nothing ever came to fruition.