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What if the CEO asks me... about ESG-linked financing facilities
As focus moves from short term lockdown liquidity on to longer term financing needs, loan facilities linked to ESG and sustainability targets are back in the news.
Read moreHong Kong data protection: cross-border transfers of personal data
We take a closer look at businesses' obligations under Hong Kong law to protect personal data in a cross-border transfer and the new recommended model contractual clauses.
Read moreGoing Green – staying on the right side of competition law
Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.
Read moreRansoms and Sanctions and Fines (oh my!)
Ransomware attacks are happening all the time. Just the other month, the Cl0p ransomware gang claimed responsibility for the exploitation of a zero-day vulnerability in the MOVEit Transfer tool.
Read moreRansoms and Sanctions and Fines (oh my!)
Ransomware attacks are happening all the time. Just the other month, the Cl0p ransomware gang claimed responsibility for the exploitation of a zero-day vulnerability in the MOVEit Transfer tool.
Read moreGreen claims update: July 2024
Welcome to our round-up of the key legal and regulatory developments relating to green claims.
Read moreGreen claims update: June 2024
Welcome to our round-up of the key legal and regulatory developments relating to green claims.
Read moreInsurers need their own Hippocratic Oath
Does insurance have a role to play in setting the ethical standard for corporate ESG and promoting a ‘do no harm’ philosophy?"
Read moreThe Mandatory Reference Checking Scheme – Part 1: Employees' rights and entitlements
Following up on our previous article on the obligations of authorized institutions ("AI") as Recruiting AIs and Reference Providing AIs under the Mandatory Reference Checking Scheme (the "MRC Scheme"), this article shifts the focus onto the rights of a prospective employee under the MRC Scheme.
Read morePhase 1 of the Mandatory Reference Checking Scheme: What should employers look out for?
On 5 May 2022, the Hong Kong Monetary Authority ("HKMA") announced the implementation of the Mandatory Reference Checking Scheme (the "MRC Scheme") (including the guidelines) issued by the Hong Kong Association of Banks and the DTC Association (the "Guidelines").
Read moreEmpathetic leadership is key to understanding menopause in the workplace
Employers, business leaders and managers must be proactive in understanding the realities of the menopause and providing appropriate support, writes Kelly Thomson
Read moreAt a Glance: Recent Changes to Hong Kong Employment Law You Should Know About
The past year has seen a number of major changes in Hong Kong employment law, many of which have been years in the making. This short article summarises the key developments and changes since mid-2021 that employers should take note of.
Read moreCovid as a disability in Hong Kong
In the recent landmark case of Burke v Turning Point Scotland, a Scottish Tribunal confirmed that "long Covid" amounted to a disability under the UK Equality Act 2010.
Read moreThe Employment (Amendment) Bill 2022 and what it means in light of the potential citywide lockdown
In an attempt to further curb the soaring number of daily cases of coronavirus infections, in addition to the vaccine pass scheme, Hong Kong may be facing its first citywide lockdown later this month. In light of these anti-epidemic measures, the Employment (Amendment) Bill 2022 (the "Bill") was gazetted on 25 February 2022, which sought to strike a balance between implementing various anti-epidemic measures to protect public health and preserving employees' statutory rights and benefits.
Read moreEmployees leaving Hong Kong: What can employers do to recruit and retain staff?
Recently there have been a number of news articles in which employers in Hong Kong are expressing their concern over the high numbers of employees leaving the city and a lack of new arrivals.
Read moreHong Kong Employment: Settlement Agreements
International news has recently been filled with talk about settlement agreements – in particular, a settlement agreement concerning Prince Andrew. How should a settlement agreement be prepared under the laws of Hong Kong? In this article, we will consider what should be included in a settlement agreement in the context of an employment relationship.
Read moreHong Kong Court grants injunction to enforce non-compete
Interlocutory injunction to enforce employee’s post-termination paid non-compete clause
Read moreInvestigation and Disciplinary Action: Law and Practice in Hong Kong
Where an employer suspects its employee(s) has committed an act of misconduct, an employer should take reasonable steps to find out what has happened. The earlier an employer learns about the misconduct, the better. A proper investigation into the issue may give the employer a fighting chance of resolving it, addressing it and, even if it doesn't, might at least give the employer a defence to a future lawsuit.
Read moreHong Kong Employee Focus: Things to consider before handing in your notice
Before you hand over your notice of resignation, it is important take a moment to plan ahead and think through the legal and practical considerations of your decision.
Read moreMandatory vaccinations for employees in Hong Kong
In the wake of the Chief Executive’s remarks last week, where she urged private sector employers in Hong Kong to require COVID-19 vaccinations for employees, the question at the top of every employer’s list is – can we legally require employees to undergo vaccination, and if they refuse, require those employees to be regularly tested?
Read moreHong Kong Employee focus: things to be aware of when leaving your role to join a competitor
For many employees, changing jobs can be stressful. Having gone through multiple rounds of interviews and discussions, there is a real temptation to sign on the dotted line when the employment contract is finally issued.
Read moreStatutory holidays in Hong Kong to increase to 17 days
All Hong Kong employees, under the Employment Ordinance, are entitled to 12 days of statutory holidays. Some are granted all 17 days of general holidays (which consist of all statutory holidays plus five days) by agreement, but most blue-collars are only given 12.
Read moreRedundancy in Hong Kong – Payments and notification obligations
In the last of this series, we consider the standard payments owed to an employee on termination as well as employers' notification obligations to government entities in Hong Kong on the cessation of employment.
Read moreHong Kong employment – Court of Appeal on interpretation of contracts and (3 – 0) on penalties
The Hong Kong Court of Appeal’s recent judgment (of three judges) in Law Ting Pong Secondary School v Chen [2021] HKCA 873 is an interesting judgment that: (i) summarises and applies the relevant principles of contractual interpretation; and (ii) found that a clause providing for termination by payment in lieu of a notice period does not engage the law on penalty clauses and, even if it does, such a provision is unlikely to be regarded as unenforceable (unless it is unconscionable or extravagant).
Read moreRedundancy in Hong Kong – An employee's guide to the legal and practical considerations
In this article, we will consider an employee's rights in the event that they are told that their role is being made redundant. We will also examine the consequences of receiving notice of redundancy, offers of alternative employment and/or separation agreements, as well as claims an employee may commence against their employer as a result of their cessation of employment.
Read moreRedundancy in Hong Kong – An employer's guide to the law, process and practical considerations
For a lot of companies, the last 18 months in Hong Kong has been undoubtably challenging. As a result of the uncertainties with the protests, lack of international travel and the COVID-19 pandemic, employers have been looking at making redundancies in order to survive.
Read moreRedundancy – The law in Hong Kong
In the current climate, it is inevitable that some employers may have to contemplate making redundancies to trim overhead costs in order to survive. Many industries in Hong Kong have been heavily impacted by the pandemic, forcing employers to make difficult decisions in respect of business operations and the retention of employees.
Read moreHong Kong Employment Law Changes in 2020 and What to Expect in 2021
2020 has brought about a significant number of changes to working life in Hong Kong. In light of the protests and COVID-19, there has been a widespread adoption of working from home ("WFH"). In addition, there has been new legislation enhancing the statutory rights of employees. In this article, we provide a review of these changes in 2020 and set out what we are to expect in 2021.
Read moreCOVID-19 – Key vaccine considerations for employers
There have been a number of articles which have considered Hong Kong employers' rights to direct their workforce to be tested and vaccinated against COVID-19. The general consensus amongst legal practitioners in Hong Kong is that there is no statutory right to direct an employee to undergo testing and vaccination.
Read moreSome holiday pay reading
A new decision on holiday pay and commission.
Read moreEmployment update, December 2015
Implied terms: when can a term be implied into a contract?
Read moreEmployment update, November 2015
Penalty clauses: what is the test where a clause is claimed to be unenforceable?
Read moreEmployment update, October 2015
Whistleblowing: A dispute about terms of employment can be a matter of “public interest”
Read moreEmployment update, September 2015
HR assistance in disciplinary procedures: how much is too much?
Read moreSports Ticker #110: Special Edition - 2024 Summer of Sport - a speed read of commercial updates from the sports world
In a fortnight which has seen Euro 2024 final heartbreak for England's men and a spectacular (but wet) opening ceremony at Paris 2024, we bring you a very special edition of the Sports Ticker: the 2024 Summer of Sport! Read on for a Ticker roundup of the biggest events this summer: Euro 2024 and the Paris 2024 Summer Olympics.
Read moreSports Ticker 109: Wimbledon esports, Euro 2024 sustainability and renaming Old Trafford – a speed read of commercial updates from the sports world
In a fortnight which saw Southgate step down as England manager after the Euro 2024 final defeat to Spain, Alcaraz and Krejcikova win the Wimbledon's singles tournaments, and Tadej Pogačar lead the Tour de France, we bring you updates on a new Wimbledon esports tournament, Old Trafford naming rights and UEFA's sustainability goals.
Read moreSports Ticker #108: football governance, F1 in Asia and AI marketplaces
In a fortnight which saw Real Madrid lift the Champions League Cup once more, a new "Ultimate Championship" athletics event announced and Charles Leclerc win on home soil for the first time in the Monaco Grand Prix, we bring you updates on the now-halted Football Governance Bill, potential Formula 1 expansion into Southeast Asia and record-breaking interest in women's sports.
Read moreSports Ticker #107: football sustainability, AI team selection and new F1 tech – a speed read of commercial updates from the sports world
In a fortnight which saw Manchester City bag its fourth consecutive Premier League victory, Brazil announced as the host of the 2027 Women's World Cup and Will Smith purchase his own electric powerboat team, we bring you updates on sustainability in football, AI in cricket, and bees in baseball.
Read moreSports Ticker #106: Liverpool's Adidas kit, a new athletics venture and the London Marathon – a speed read of commercial updates from the sports world
In a fortnight which saw women's Rugby League launch its world-first player-run TikTok account, Ferrari's F1 partnership with HP, and Apple reportedly on the verge of a global broadcast deal for FIFA World Cup, we bring you updates on a new athletics joint venture, Wrexham AFC, and the disqualification of all three medallists in the Beijing half marathon.
Read moreSports Ticker #105: WIPO's esports partnership, MotoGP takeover and Brighton's record profits – a speed read of commercial updates from the sports world
In a fortnight which saw the UK Football Governance Bill introduced to Parliament, TNT Sports and Discovery+ win rights to show the 2024 Autumn Nations Series and rumours of "multiple proposals" to host the 2026 Commonwealth Games, we bring you updates on a collaboration between WIPO and the Esports Integrity Commission, MotoGP's takeover and JPMorgan's formation of a specialist sports investment group.
Read moreSports Ticker #104: European sponsorship record growth, Germany's Adidas to Nike swap and Formula E shifts gears – a speed read of commercial updates from the sports world
In a fortnight which saw Pete Distad named as CEO of the new Disney-Fox-Warner Bros sports streaming venture, Nottingham Forest losing four points for breaching Premier League profit and sustainability rules, and the announcement of a new fan engagement app for Swedish esports organisation Ninjas in Pyjamas, we bring you updates on German football's Adidas-Nike kit supplier swap, steps forward on the new structure for women's cricket and a bizarre bee blitz on Carlos Alcaraz.
Read moreSports Ticker #103: Paralympics' media reach, Super League trade mark, and Red Bull Padel – a speed read of commercial updates from the sports world
In a fortnight which saw Wimbledon recognised as having the highest ad engagement for women's sports events in 2023, the FIA President investigated for alleged race interference, and world No 1 Novak Djokovic knocked out of the Indian Wells tournament by world No 123 "lucky loser", we bring you updates on media deals for the 2024 Paris Paralympic Games, attempts to register an EU trade mark for "The Super League", and the partnership between F1 and Tommy Hilfiger.
Read moreSports Ticker #102: Giant joint streaming venture, UEFA's environmental efforts and Casemiro's move to Adidas – a speed read of commercial updates from the sports world
In a fortnight which saw the Super Bowl LVIII become the most-watched American TV event since the moon landing, Sir Jim Ratcliffe complete his £1.3bn Manchester United deal, and Emirates announce a multi-year partnership deal with Wimbledon, we bring you updates on UEFA's greenest tournament yet, Casemiro parting ways with Nike, and the upcoming launch of a new sports streaming platform.
Read moreSports Ticker #101: AB InBev's Olympic Gold, UEFA's commercial rights, and Snooker in Saudi Arabia – a speed read of commercial updates from the sports world
In a fortnight which saw F1 owner Liberty Media named the "World's Most Valuable Sports Empire 2024", the 2023 Rugby World Cup confirmed as the most-watched rugby event of all time, and the shock announcement of Lewis Hamilton's move to Ferrari, we bring you updates on AB InBev's Olympic partnership, UEFA's tender process for global commercial rights, and British Cycling's uphill struggle.
Read moreSports Ticker #100: Earps' SPOTY win and shirt sell out, smart ball company raises US$15m, and Unilever sponsors UEFA – a speed read of commercial updates
In a fortnight which saw Mary Earps win the Sports Personality of the Year 2023, FIFA receive three Women's World Cup 2027 bids, and Endeavor invest in Chess.com, we bring you updates on the first Lioness to trade mark her name, the ground-breaking Guinness Six Nations sponsorship, and a multi-year broadcasting deal between TNT and Formula E.
Read moreSports Ticker #99: Golf's big hitters, Women's FA breakaway and tennis elite tour – a speed read of commercial updates from the sports world
In a fortnight which saw the Premier League agree a new £6.7 billion deal with Sky and TNT Sports, France named the preferred candidate for the 2030 Winter Olympic and Paralympic Games, and 518 million people watch the ICC Cricket World Cup live through Disney Star, we bring you updates on Trent Alexander-Arnold's £26 million Adidas deal, new rules for golf balls, and a potential F1-style tennis tour.
Read moreSports Ticker #98: Sports Business Awards 2023, Las Vegas Grand Prix, and the brands changing the world through sport
In a fortnight which saw Manchester City post record revenue and profits, Everton receive a points deduction relating to P&S issues, and the League of Legends World Championship become the most watched esports tournament, we bring you updates on the Sports Business Awards 2023, Las Vegas Grand Prix and Kansas City Chiefs' new relationship (no, not that one…).
Read moreSports Ticker #97: Esports World Cup 2024, the increasing value of women's sports and European Super league
In a fortnight which saw DAZN secure exclusive F1 rights in Spain until 2026, Jude Bellingham become the first England player to win the Kopa Trophy for best performing under-21 player in the world, and FIFA ban Luis Rubiales for three years from all football activity, we bring you updates on Saudi Arabia's new Esports World Cup, planned increases in investment in women's sports and the marketing value of influencer athletes.
Read moreSports Ticker #96: Russia's Olympic suspension, FIFA's five time zones and 2023's most marketable athlete – a speed-read of commercial updates from the sports world
In a fortnight which saw the first female referee of a men's international match at Wembley, Saudi Arabia launch its World Cup 2034 bid and NZ's All Blacks named the world's most valuable rugby team, we bring you updates on the suspension of the Russian Olympic Committee, the return of UK professional netball and the potential five time zones of the FIFA World Cup 2023.
Read moreSports Ticker #95: female F1 test-driver, blockchain in cricket and Berlin marathon disruption – a speed-read of commercial updates from the sports world
In a fortnight which saw a delay in the implementation of the National Football Agent Regulations in England pending the resolution of private arbitral proceedings, and the release of the Beckham documentary on Netflix, we bring you updates on the first female F1 test driver in 5 years and disruption to the Berlin marathon by climate protestors. We also cover the Rugby World Cup's potential new pay wall, the use of blockchain in cricket and, of course, the sale of Travis Kelce's American Football jerseys rocketing 400% thanks to Taylor Swift.
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