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Reforms to working time record-keeping, holiday pay and entitlement, and TUPE consultation
The government has issued its response to the consultation on reforms to retained EU employment law proposed earlier this year.
Read moreRepeal of provisions relating to COVID-19 vaccination under the Employment Ordinance
The Labour Department announced on 12 April 2023 that the provisions under the Employment Ordinance ("EO") relating to a legitimate COVID-19 vaccination request (the "Vaccination Provisions") will be repealed with effect on 16 June 2023, one year after they first came into effect on 17 June 2022.
Read moreHong Kong – Claim pleading duty of care against auditor struck out for "putting the cart before the horse"
In Chan Kam Cheung v Ronnie K W Choi & Anor [2022] HKCFI 3028, a judge upheld a master's (judicial officer's) decision to strike out the plaintiff shareholder's action against the former auditors of the company.
Read moreHong Kong court grants reported Norwich Pharmacal in aid of execution
Unsurprisingly, claimants want to be able to enforce their judgments, especially when the underlying proceedings have been hard-fought and (therefore) expensive.
Read moreOverseas King's Counsel appearing remotely before Hong Kong's top court
In an interesting and fully reasoned decision, delivered against the background of "Wave-5" of the Covid-19 pandemic in Hong Kong, a judge of the Court of Final Appeal has given approval for two King's Counsel (based in London) to appear remotely at a final appeal in January 2023.
Read moreUS and Chinese regulators sign landmark agreement on inspection of Chinese audit work
On 26 August 2022, the US Public Company Accounting Oversight Board (PCAOB) and the PRC China Securities Regulatory Commission (CSRC) and Ministry of Finance (MoF) signed a Statement of Protocol that would allow US regulators access to audits of Chinese companies listed on the US stock exchanges.
Read moreHong Kong's Legislative Council approves Employment Ordinance amendments to address employment issues arising from anti-epidemic measures
On 15 June 2022, the Hong Kong Legislative Council passed the Employment (Amendment) Bill 2022 ("Bill"), which was gazetted earlier in February this year. The purpose of the Bill is to address employment-related issues arising from the government's anti-epidemic measures.
Read moreHow should employers protect personal data? A review of the Nikkei data breach
The recent investigation report on the hacking of the email systems of Nikkei China (Hong Kong) Limited ("Nikkei") published by the Privacy Commissioner for Personal Data ("PCPD") on 17 February 2022 is a helpful reminder to employers to protect against cyberattacks and ensure compliance with the Personal Data (Privacy) Ordinance (Cap. 486) (the "Ordinance").
Read moreHow to prevent discrimination in the Workplace: practical advice for Hong Kong employers
Hong Kong law prohibits discrimination in the workplace. Unless an exemption applies, it is unlawful to directly or indirectly discriminate on the grounds of sex, marital status, pregnancy, breastfeeding, disability, family status and race (each a "protected characteristic").
Read moreHong Kong – General adjournment of court proceedings ends with more guidance for remote hearings
Hong Kong's general adjournment of court proceedings ends with more guidance for remote hearings.
Read moreReimbursement of Maternity Leave Pay Scheme in Hong Kong
Hong Kong's statutory maternity leave has been extended from 10 weeks to 14 weeks with effect from 11 December 2020. From 1 April 2021, the Hong Kong Government has started accepting applications to reimburse employers' payment in respect of the extended period of maternity leave.
Read moreHong Kong Courts – Expansion of use of remote hearings
As expected, the judiciary in Hong Kong has announced that it will expand the use of remote hearings for civil cases. The first Guidance Note for Remote Hearings for Civil Business in the High Court (Phase 1) came into effect on 3 April 2020. This was during the general adjourned period (GAP), when the courts were generally closed as a result of COVID-19, save for urgent and essential court business. The GAP came to an end on 3 May 2020.
Read moreCOVID-19 – Hong Kong Courts handling urgent and essential matters
On 8 April 2020, the Hong Kong Judiciary announced that the general adjourned period ("GAP") for court proceedings will continue until at least 3 May 2020. During the GAP, court registries and offices are, for the most part, closed. However, the GAP does not apply to "urgent and essential court hearings and/or matters".
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