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Hong Kong’s MPF Authority launches e-platform to simplify MPF administration for employers and employees
26 July 2024The Mandatory Provident Fund (MPF) Schemes Authority (“MPFA”) has commenced a major overhaul of the Hong Kong pensions system with the launch of the eMPF Platform in June 2024. The eMPF Platform is a centralised electronic platform designed to streamline MPF administration for employers, employees and MPF trustees. This is the largest reform of the MPF system since its inception in December 2000.
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Auctioning off privacy
21 June 2024A well known auction house with operations in Hong Kong was recently hit by a major cyberattack, resulting in a shutdown of its website just days before its spring auctions began. The ransomware group, RansomHub, claimed to be behind the cyberattack and threatened to release sensitive personal information of at least 500,000 clients worldwide unless a ransom was paid.
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Can victims of sexual harassment choose to stay anonymous?
28 May 2024A recent decision in the Hong Kong District Court sets out the legal principles to be applied in the granting of Anonymity Orders in sexual harassment cases. In this case, the Respondent’s application to set aside an Anonymity Order in favour of the Claimant was granted, sending a clear message that anonymity in sexual harassment claims is not automatic and must be properly obtained.
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Hong Kong Asset Tracing: Letter of No Consent ≠ Freezing Order 香港资产追踪: 不同意书 ≠ 冻结令
17 April 2024A recent Court of Final Appeal decision upholds the constitutionality of the letters of no consent regime as operated by the Hong Kong Police Force. 终审法院最近的一项判决维持了香港警方实施不同意书制度的合宪性。
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HK SFC Enforcement Action - CFOs of listed companies beware 香港证监执法行动 - 上市公司首席财务官要小心
09 April 2024A recent High Court decision confirmed that directors of listed companies may be disqualified and / or ordered to personally compensate the company for the misappropriation of company funds by other officers, even in the absence of any financial gain by the director.
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Unveiling the Struggles of Hong Kongs Invisible Workforce
12 March 2024According to government statistics as of 2022, there are more than 338,000 foreign domestic workers (“FDWs”) in Hong Kong, which accounts for almost 5% of Hong Kong’s population. Nearly 10% of households in Hong Kong depend on FDWs for housekeeping and to look after their family members. As such, FDWs are more than just employees; they are the backbone of many households. However, despite the significant role they play in our society, FDWs face a myriad of challenges. This article explores the legal and social challenges they must navigate.
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Option (1) “The long-awaited reciprocal enforcement regime for Hong Kong-Mainland China judgments”
05 January 2024The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap 645) and rules are set to come into force on 29 January 2024. The Ordinance aims to provide a more comprehensive mechanism for reciprocal enforcement of judgments in civil and commercial matters between Hong Kong and Mainland China.
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No place for pregnancy discrimination at the workplace in Hong Kong
04 September 2023The Claimant was a former employee of the Respondent, a logistics company. Between 2007 – 2011, the Claimant was employed by affiliated companies within the same group. From April 2011, the Claimant began working for the Respondent under successive yearly contracts. Whilst employed by the Respondent, the Claimant received various recognition and appraisals for her work. She was also awarded an annual end-of-year bonus for each year during the period from 2011 to 2016.
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Data breaches in Hong Kong: To notify or not?
31 August 2023In July 2023, the Office of the Privacy Commissioner for Personal Data issued a revised guidance note on Data Breach Handling and Data Breach Notifications. The guidance note sets out practical recommendations on how data users can effectively prepare for and manage data breaches.
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Tipping the Scales: How the Latest Labour Tribunal Ruling Impacts Gig Workers
13 July 2023The burgeoning gig economy has long presented a conundrum in employment law, with its unique model of work raising significant questions about employment status, workers’ right and entitlements.
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Court orders summary judgment against employer for failure to reimburse expenses incurred for the benefit of the business
28 June 2023On 6 April 2023, the Court of First Instance granted summary judgment to a former employee of a Hong Kong company for various payments and benefits owed to the employee.
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Think twice before filing an employment related claim directly to the High Court
27 June 2023Lewis Silkin’s litigation team acting for the Defendant was successful in striking out a claim brought before the High Court and also successfully resisted an appeal against the Master’s decision to strike-out the Plaintiff’s claim.
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Enforceability of an indemnification provision under a broker agreement: is it a penalty?
02 June 2023A recent case in the Hong Kong Court of First Instance has seen the court applying the Court of Appeal’s penalty clause test to an indemnification provision under a broker agreement.
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Hong Kong MPF updates: Abolition of the offsetting mechanism to take effect on 1 May 2025 and potential increase in mandatory contribution levels
03 May 2023Over the past weeks, there have been some important news on the pension regime in Hong Kong that employers and employees should be mindful of.
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Horizon Scanner – Intellectual Property
28 April 2023At Lewis Silkin we are constantly monitoring the legal landscape and liaising with policymakers and regulators. This enables us to stay informed about how law and regulation will change in key areas for our clients.
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Hong Kong Government lifts compulsory quarantine requirement what employers need to know
26 September 2022New relaxed rules for inbound travellers
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Enforceability of a compensation clause in Hong Kong: is it a penalty?
20 July 2022A recent case in the Hong Kong Court of First Instance has seen the court apply the Court of Appeal’s penalty clause test to a compensation clause in an employment contract.
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Abolishment of the MPF offsetting mechanism approved by Hong Kong's Legislative Council (the “LegCo”)
09 June 2022After years of extensive discussions and consultations, the Hong Kong LegCo has, on 9 June 2022, passed the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill 2022 (the “Bill”) to abolish the MPF offsetting mechanism.
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Catherine Leung and Lewis Silkin recognised in the Doyles Guides Awards 2022
24 May 2022We are delighted to announce that Catherine Leung has been recognised as a Leading Lawyer and Lewis Silkin has been awarded a Second Tier ranking in Employment & Labour in the Doyles Guides awards 2022.
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High Court in Hong Kong gives permission for witnesses to give video evidence
10 April 2022The High Court in Hong Kong has granted an application allowing witnesses based abroad to give evidence by video conferencing, even though the flight ban has been lifted.