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Check FAQAbout Jacky
Jacky Chan is a journalist based in Zhengzhou, China.
Chinese (Mandarin)
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HK updates Securities and Futures Ordinance
In August 2023, Hong Kong's Securities and Futures Commission (SFC) announced amendments to the insider dealing provisions of the Securities and Futures Ordinance. The amendments aim to expand the definition of insider dealing to include acts involving overseas-listed securities if any part occurs in Hong Kong and acts involving Hong Kong-listed securities regardless of location. Proposals to expand SFC's power over regulated persons and to amend advertisement authorisation exemptions for financial products were put on hold due to public concerns. The SFC will consider other options to achieve its policy objectives.
Hong Kong’s proposed company re-domiciliation regime
The Hong Kong government, through its Financial Services and the Treasury Bureau, has proposed a regime to allow non-Hong Kong incorporated companies to re-domicile in the city, aiming to enhance Hong Kong's status as an international finance and business hub. The new regime, expected to be legislated in 2023 and 2024, would enable companies to transfer their legal homes to Hong Kong while maintaining their corporate status, properties, rights, and obligations. The proposal includes no economic substance test and outlines several eligibility criteria. The initiative is welcomed by industries, particularly those with business operations in Hong Kong, as it promises to reduce administrative complexity and costs.
Hong Kong’s proposed company re-domiciliation regime
The Hong Kong government, through its Financial Services and the Treasury Bureau, has proposed a regime to allow non-Hong Kong incorporated companies to re-domicile in the city, aiming to enhance Hong Kong's status as an international finance and business hub. The new regime, expected to be legislated in 2023 and 2024, would enable companies to transfer their legal homes to Hong Kong while maintaining their corporate status, properties, rights, and obligations. The proposal eliminates the need for setting up new Hong Kong companies, thus reducing administrative complexity and costs. The regime does not impose economic substance tests and includes specific eligibility criteria. Once re-domiciled, companies must comply with the Companies Ordinance and provide evidence of de-registration in their original jurisdiction within 60 days, although this period may be extended. The initiative has been well-received by industries looking to leverage Hong Kong's geographic and economic advantages.
Developers must address needs of high-density downtowns now
Recent census data reveals that major urban centres in Canada are growing, with downtown populations increasing faster than the overall urban growth rate. This trend, coupled with significant immigration, necessitates innovative housing solutions to accommodate higher density. Developers are urged to plan for sustainable, energy-efficient buildings that address climate change and enhance residents' quality of life. Examples from Toronto and Richmond showcase projects incorporating green spaces and community amenities. The evolving needs of homebuyers emphasize health, community, and wellness, driving demand for such developments.
Developers must address the needs of high-density downtowns now
Recent census data reveals that downtown centres in Canada are growing faster than the overall urban areas, driven by immigration and urbanization. This growth presents challenges and opportunities for developers, who must now focus on creating innovative, energy-efficient, and sustainable housing projects. The article emphasizes the importance of addressing increased density, pollution, and the evolving needs of homebuyers, such as community-based amenities and green spaces. Examples from Toronto and Richmond illustrate successful integration of these elements in urban development.
Delivery Platform Workers win Employee Status
The Labour Tribunal ruled that six couriers working for a delivery platform company were employees, not self-employed contractors, entitling them to outstanding wages, notice payments, annual leave, and legal costs. The Tribunal's decision was based on the company's control over couriers' work through its digital platform, including delivery routes, work locations, orders, and remunerations. The couriers had to follow strict company rules, wear uniforms, and could not establish business relationships with customers, differentiating them from independent contractors.
Delivery Platform Workers win Employee Status
The Labour Tribunal ruled that six couriers working for a food and parcel delivery platform company were employees, not self-employed contractors. The company was ordered to pay outstanding wages, notice payments, annual leave, and legal costs. The Tribunal's decision was based on factors such as the company's control over work processes, the requirement for couriers to wear uniforms, and the inability of couriers to change service charges or subcontract work. This case highlights the criteria used to determine employment relationships in the gig economy in Hong Kong.
Employee share option plans in Hong Kong
Employee share option plans are incentive programs granting derivatives or shares to employees to reward past performance, encourage future commitment, and attract new talent. These plans can take various forms, including share options, restricted shares, or shadow plans. They are tailored to a company's HR strategies and may include specific vesting conditions. In Hong Kong, such plans are subject to local company and securities laws, and certain offers are exempt from the prospectus requirement. Employment law in Hong Kong regulates wage deductions, and share option plans are generally not considered thrift schemes, meaning employers must pay full wages and collect exercise prices separately.
Hong Kong Government Decides Not to Implement Employer Severance Pay Savings Account System
The Hong Kong government has decided not to implement the 2018 proposed 'Special Savings Account Scheme' for employer severance pay, citing high administrative costs and complexity. Instead, the existing Insolvency Protection Fund, which has a surplus of HKD 6.8 billion, will be used to assist in paying severance fees when employers are unable to do so. The decision considers the current economic environment and the financial burden on employers.
Hong Kong government decided not to launch severance fund savings account
The Hong Kong government has decided not to implement the Specialized Savings Account Scheme proposed in 2018, which would have required employers to create dedicated savings accounts for severance and long service payments. The decision was based on the high administrative costs and the current economic environment. Instead, the government will rely on the existing Protection of Wages on Insolvency Fund (PWIF) to cover these payments, as it has a surplus of HK$6.8 billion. The PWIF is financed by a levy on business registrations and can make ex gratia payments to employees owed wages and other payments by insolvent employers.
New levels of compensation under the Employees' Compensation Ordinance
The Legislative Council of Hong Kong has passed a resolution to increase the amounts of nine compensation items under the Employees' Compensation Ordinance, effective from 13 April 2023. The Ordinance outlines the rights and obligations of employers and employees regarding work-related injuries or deaths, including those caused by occupational diseases. Employers are required to notify the Commissioner for Labour of any accidents or occupational diseases and must have valid insurance policies to cover liabilities. The Labour Department can provide guidance but not adjudicate disputes, which may need to be resolved in court. Employers are advised to handle suspicious compensation cases carefully and may involve the Police in cases of suspected fraud.
New Compensation Levels under the Employees' Compensation Ordinance
The Hong Kong Legislative Council passed a resolution on March 15, 2023, to increase the compensation amounts under the Employees' Compensation Ordinance effective from April 13, 2023. The ordinance outlines the rights and responsibilities of employers and employees in cases of work-related injuries, deaths, or occupational diseases. Employers are required to have mandatory insurance to cover these liabilities, with specific minimum coverage amounts based on the number of employees. The text also details the conditions under which employers are not liable for compensation and the procedures for handling compensation claims, including the role of the Hong Kong Labour Department and the potential for legal action in cases of suspected fraud.
Practical tips for a Hong Kong company to hold virtual or hybrid general meetings
From 28 April 2023, Hong Kong law will allow companies to hold fully virtual or hybrid general meetings. The new statutory provisions will be part of the Companies Ordinance of Hong Kong. Companies can hold meetings at physical venues, virtually, or in a hybrid mode unless their articles explicitly prohibit virtual meetings. Practical tips for holding such meetings include providing detailed information in the notice, ensuring security and authentication, allowing real-time voting and questions, and conducting test runs. Companies should also consider potential risks like internet connectivity issues and have contingency plans in place.
Employment issues relevant to Hong Kong’s new talent initiatives
Hong Kong's Chief Executive, John Lee, announced initiatives to enhance the city's competitiveness in attracting global enterprises and talents, including the Top Talent Pass Scheme, the establishment of the Office for Attracting Strategic Enterprises, and measures to expand the workforce. The Top Talent Pass Scheme allows qualified individuals to stay in Hong Kong for 24 months without prior employment offers. Other measures include streamlining talent admission policies and extending the stay for non-local graduates. Employers must consider compensation, fair treatment, diversity, and staff morale when implementing these measures.
Hong Kong's Occupational Safety and Anti-Discrimination Laws
Hong Kong's occupational safety and anti-discrimination laws apply to all types of professions, mandating strict health and safety obligations for employers and employees. Employers must ensure a safe working environment through various measures, while employees must adhere to safety protocols. Anti-discrimination laws protect against discrimination based on gender, pregnancy, disability, and other factors, and also cover sexual harassment. The Equal Opportunities Commission handles complaints and provides legal aid, emphasizing the importance of education and training on these laws for employers and employees.
Occupational safety and antidiscrimination law in Hong Kong
Hong Kong enforces stringent occupational health and safety obligations under the Occupational Safety and Health Ordinance, requiring all parties to contribute to a safe workplace. Employers must ensure safe work systems, while employees should follow safety rules. The city also prohibits discrimination on various grounds and sexual harassment, with laws covering even non-employment situations like volunteers and interns. Employers are liable for employees' breaches unless they've taken steps to prevent such acts. Victims can approach the Equal Opportunities Commission, which can investigate and encourage conciliation. Employers are advised to educate their workforce on these laws and uphold workplace ethics to prevent discrimination and harassment.
White Paper sheds light on China’s ESG requirements
The recent White Paper on ESG Practices in China, published by China Central Depository & Clearing and the International Capital Market Association, outlines national policies related to environment, social, and governance (ESG) in the financial market. It highlights the increase in ESG disclosures among companies from 2018 to 2021, with larger companies showing higher disclosure ratios. The paper categorizes China's ESG policies into high-level guidance, incentive mechanisms, and information disclosure, and provides detailed recommendations for short-term and long-term ESG development. Key recommendations include developing ESG standards, accelerating information disclosure standardization, and promoting international cooperation in sustainable finance.
Three-Dose Primary Series of Inactivated COVID-19 Vaccine for Persons Living with HIV, Hong Kong
Inactivated vaccines, such as CoronaVac by Sinovac, are widely used to prevent SARS-CoV-2 infection, particularly among immunocompromised individuals like persons living with HIV (PLHIV). A study in Hong Kong showed that a three-dose primary series of CoronaVac significantly increased neutralizing antibody responses in PLHIV compared to a two-dose series. The findings align with similar studies in Brazil and support the effectiveness of a three-dose regimen for better protection against COVID-19. The World Health Organization and the Centers for Disease Control and Prevention recommend this approach to enhance vaccine efficacy, especially amid emerging variants like Omicron.
Hong Kong’s Climate Action Plan 2050 and its impact on real estate
The Hong Kong government's Climate Action Plan 2050 aims for carbon neutrality with a focus on decarbonisation strategies affecting electricity generation, building energy efficiency, transport, and waste management. The plan includes specific targets such as reducing carbon emissions by 50% before 2035 and increasing renewable energy in electricity generation. Real estate will be impacted through measures like energy audits, green building promotion, and integration of energy-efficient facilities. These measures will lead to legal changes, new contractual relationships, and increased costs for stakeholders, but are necessary to meet the public demand for carbon neutrality.
Reading 'The Waste Land' 100 years on
Reflecting on the centenary of T. S. Eliot’s The Waste Land and James Joyce’s Ulysses, the article explores the contemporary relevance of these literary modernist works, particularly in the context of the COVID-19 pandemic. The Waste Land is analyzed for its themes of fragmentation, hope, and redemption, with the author arguing that the poem offers a nuanced perspective on post-crisis recovery. The text critiques the UK government's 'live with the virus' approach and suggests that Eliot's work encourages a more reflective and cautious path forward.
Vaccine-breakthrough infection by the SARS-CoV-2 Omicron variant elicits broadly cross-reactive immune responses
The study investigates the immune responses elicited by vaccine-breakthrough infections caused by the SARS-CoV-2 Omicron variant. It highlights that such infections can generate broadly cross-reactive immune responses, which may have significant implications for future vaccine development and public health strategies.
What is COP26?
COP26, the 26th annual UN climate summit held in Glasgow, aims to unite global nations to address climate change. Key goals include limiting global warming to 1.5 degrees, halving global emissions by 2030, and achieving net-zero emissions by 2050. The summit's agenda focuses on global net-zero targets, mobilizing climate finance, protecting natural areas, and finalizing the Paris Agreement's implementation rules. COP26's outcomes could significantly impact global businesses, especially in renewable energy and carbon markets, while posing challenges for fossil fuel industries. Companies are encouraged to audit compliance, disclose environmental efforts, and educate leadership on sustainability practices.
Apply Now: Hong Kong Maternity Leave Pay Reimbursement Scheme
Since December 11, 2020, Hong Kong's statutory maternity leave has been extended from 10 to 14 weeks under the Employment Ordinance. Employers can apply for reimbursement of the additional 4 weeks of maternity leave pay, up to a cap of HK$80,000 per employee. The extended maternity leave pay is calculated at four-fifths of the employee's daily average wage. Eligible employees who gave birth on or after December 11, 2020, are entitled to 14 weeks of statutory maternity leave. Employers must pay for the additional 4 weeks but can claim reimbursement through the Maternity Leave Pay Reimbursement Scheme operated by the Labour Department. Applications must include proof of payment for the 14 weeks of maternity leave, bank account details for reimbursement, and pregnancy proof from the employee. The deadline for applications is three months after the last day of the 14-week statutory maternity leave or three months after the implementation of the reimbursement scheme on April 1, 2021, whichever is later. Reimbursement is typically processed within 15 working days upon receipt of the application and necessary documents.
Work from home arrangements and data security
The article discusses the increased risks to data security and personal data privacy associated with work-from-home (WFH) arrangements during the COVID-19 pandemic. It provides practical guidance for organizations and employees to manage these risks, including training on data security techniques, following WFH principles, avoiding public Wi-Fi, securing electronic communications and paper documents, and ensuring safe video conferencing practices. The emphasis is on maintaining data security and personal data privacy as rigorously as in traditional office settings.
Pioneer users of Legal Managed Services
Corporations are increasingly turning to Legal Managed Services (LMS) to enhance efficiency and control legal costs amidst evolving laws and regulations. EY's 2020 research, reported by LC Lawyers LLP, surveyed 1,058 senior legal practitioners across 25 countries, revealing that cost savings, process optimization, access to quality information, and new LMS products are key drivers for LMS adoption. The research identified three groups of LMS users: Pioneers (37%), Explorers (35%), and Observers (28%), with Pioneers being the most advanced in transforming their legal functions through LMS. These Pioneers have realized significant benefits, including cost-efficiency, adaptability to changes, capability building, and talent attraction and retention. The study suggests that Pioneers will continue to innovate with LMS providers, setting a precedent for Explorers and Observers.
Managers take note of Hong Kong employment law updates
The article provides updates on Hong Kong employment laws, highlighting recent court cases and legislative changes. Key updates include the entitlement to bonuses despite misconduct, distinctions between resignation and dismissal, extended maternity and paternity leave, and enhanced harassment protections. Employers are advised to carefully draft employment contracts and review policies to ensure compliance with the updated laws.
Atmospheric autumn reads: 'Cemetery Boys'
Cemetery Boys by Aiden Thomas is a YA novel set in a Latinx community of brujx, focusing on themes of tradition, memory, and family. The protagonist, Yadriel, a transgender boy, seeks acceptance and aims to prove himself by summoning the spirit of his murdered cousin before 'Día de Muertos'. The story, rich with autumnal imagery and carnival spirit, explores themes of death, rebirth, and renewal, ultimately celebrating life and envisioning a utopian world where everyone is accepted for who they are.
My uncle thought it would be funny to name me after Jackie Chan
The author, originally named Zheng-ki, shares his experiences of being named Jacky by his uncle, drawing a humorous parallel to the famous actor Jackie Chan. Moving from the Netherlands to Hong Kong and then to London, he faced racial jokes and misunderstandings due to his name. Despite the challenges, he finds the name to be a good ice breaker in social and professional settings. He contemplates legally changing his name to Jacky for simplicity and reflects on the positive aspects of sharing a name with a well-liked celebrity.
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