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Hong Kong: Draft Guidelines for Competition Ordinance Issued

(Oct. 31, 2014) Hong Kong’s Competition Commission and Communications Authority jointly issued drafts of six guidelines for public comment. The guidelines, published on October 9, 2014, are proposals developed to go with the Competition Ordinance, passed by the Legislation Council on June 12, 2012. (Draft Guidelines Under the Competition Ordinance – 2014, Competition Commission website […]

Hong Kong: Dispute over Policy on Influx of Mothers from China Giving Birth in Hong Kong

(Feb. 16, 2012) Leaders in Hong Kong have disagreed recently on how to handle the problem of expectant women from mainland China entering the city in an attempt to have their children born there, in order to qualify for the right of abode. Some lawmakers have suggested that the Basic Law, the constitution-like statute under […]

China; Hong Kong: Congo Assets Case Tests Sovereign Immunity

(Sept. 1, 2011) On August 26, 2011, China's National People's Congress (NPC) Standing Committee unanimously affirmed an earlier decision of a Hong Kong court, declaring that companies cannot sue sovereign states to recover assets. (Sovereign States Get Legal Immunity in Hong Kong, VOICE OF AMERICA (Aug. 26, 2011); Zhao Yinan, Top Legislature Interprets HK Law, […]

Hong Kong: Minimum Wage Law Takes Effect

(May 17, 2011) On May 1, 2011, Hong Kong's Minimum Wage Ordinance took effect; under it a HK$28 (about US$3.6) per hour minimum wage rate is enforced. (Minimum Wage Ordinance (Cap. 608), Hong Kong Department of Justice Bilingual Laws Information System (last visited May 11, 2011).) The Ordinance was passed by Hong Kong's Legislative Council […]

Hong Kong: Draft Guidelines on Disclosure of Inside Information

(Mar. 30, 2011) On February 11, 2011, Hong Kong's Securities and Futures Commission (SFC) issued consultative conclusions on proposed amendments to its Draft Guidelines on the disclosure of price-sensitive information, i.e., insider trading. (Consultation Paper on the Draft Guidelines on Disclosure of Inside Information [with Guidelines on Disclosure of Inside Information Draft in appendix] (Mar. […]

Hong Kong: Law on Pyramid Schemes to Be Updated

(Oct. 28, 2010) On October 25, 2010, Hong Kong's Secretary for Commerce and Economic Development, Rita Lau Ng Wai-lan, set forth a proposal to a panel of lawmakers to update the law on pyramid schemes. The current Hong Kong law states that such schemes “must involve the selling of goods or services by a participant,” […]

Hong Kong: Guidance on CCTV Surveillance Published

(Aug. 10, 2010) On July 22, 2010, Hong Kong's Office of the Privacy Commissioner for Personal Data (PCPD) released a Guidance Note on the use of closed circuit television (CCTV) for surveillance purposes. Referring to the data protection principle for the collection of personal data set forth in the Personal Data (Privacy) Ordinance, the Guidance […]

Hong Kong: Practice Note on Transfer Pricing Methodologies Issued

(Dec. 9, 2009) The Hong Kong Inland Revenue Department issued Departmental Interpretation Practice Note No. 46, Transfer Pricing Guidelines – Methodologies and Related Issues, on December 4, 2009. According to HKIRD, the purpose of the Note “is to illustrate how the HKIRD would apply transfer pricing principles,” including in regard to resolution of disputes involving […]

Hong Kong: Disabled Student Takes Education Bureau to Court

(Aug. 11, 2009) Tong Wai-ting, an 18 year-old student with a mild form of mental retardation, is asking the Hong Kong High Court to overturn a decision to end his enrollment in high school. The Education Bureau had made that determination based on an age limit for students; Tong considers that limit discriminatory. The case, […]

Hong Kong: Environmental Levy on Plastic Shopping Bags

(July 17, 2009) Effective July 7, 2009, registered retailers in Hong Kong are no longer allowed to provide free plastic shopping bags for customers; for each plastic shopping bag requested by the customer, the retailers must charge an environmental levy of HKD0.50 (about US$0.065), as prescribed by the Product Eco-Responsibility (Plastic Shopping Bags) Regulation. The […]