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Evelyn Chan, Partner, Adriel Wong, Trainee Solicitor, and Jane Lu, Paralegal, Gall
4 pages

This article goes into the various matters that directors of a company should bear in mind if insolvency is on the horizon, “lest incurring personal liability if insolvency becomes inevitable.” Failure to bear these matters in mind and comply with standards and requirements could lead to disastrous results for company directors in Hong Kong.

Resource Details
Region: Hong Kong
Audience: Deputy GC, Mid-Career
Nick Dealy, Partner, and Kritika Sethia, Legal Analyst, Gall
4 pages

Hong Kong’s Privacy Commissioner for Personal Data (PCPD) has issued Guidance Notes for (1) organizations, (2) employees, and (3) users of video conference software, with a view to enhance measures for data security and data privacy in the use, storage, and handling of personal data when employees work from home. In this article, the three Guidance Notes published by PCPD and key takeaways for employers are briefly summarized.

Resource Details
Region: Hong Kong
Audience: Deputy GC, Mid-Career, New to In-House
Nick Dealy, Partner, Matthew Durham, Registered Foreign Lawyer, and Kritika Sethia, Legal Analyst, Gall
4 pages

In this article, the legal implications that employers in Hong Kong should have regard to before allowing their employees to work overseas are discussed. Because of the coronavirus pandemic, remote working has become “the new normal” and as a result, there are many factors to take into account.

Resource Details
Interest Area: Employment and Labor
Region: Global, Hong Kong
Audience: Deputy GC, Mid-Career, New to In-House
Nick Gall, Senior Partner, Andrea Randall, Partner, and Kritika Sethia, Legal Analyst, Gall
4 pages

This resource examines the potential claims and liabilities a recruiting employer may face on hiring an employee who is subject to enforceable post-termination restrictions, the provisions of a contract which restrict the activities of a former employee following the termination of their contract in Hong Kong.

Resource Details
Interest Area: Employment and Labor
Region: Hong Kong
Audience: Deputy GC, Mid-Career
Andrea Randall, Partner, Nick Dealy, Partner, and Kritika Sethia, Legal Analyst, Gall
4 pages

This resource highlights the importance of settlement agreements (also known as separation agreements) and the need for using precise language and specific terms with regards to the conditions of contract and relevant laws when these agreements are drafted. The resource also uses the recent English case of Duchy Farm Kennels v Steels, [2020] EWHC 1208 (QB) to illustrate the key takeaways employers should bear in mind moving forward in the jurisdiction of Hong Kong.

Resource Details
Interest Area: Commercial and Contracts
Region: Hong Kong
Audience: Deputy GC, Mid-Career
Matthew Durham, Registered Foreign Lawyer, Gall
4 pages

This resource takes a look at a recent amendment to the Civil Code of the People’s Republic of China, which took effect on 1 January 2021. The amendment the Civil Code, Article 1010 has introduced new policy and principles on what constitutes sexual harassment, expanding the scope of recipients to include men, in addition to introducing specific obligations and potential liability for employers in this area.

Resource Details
Region: China, Hong Kong
Audience: Deputy GC, Mid-Career
Nick Deal, Partner, Matthew Durham, Registered Foreign Lawyer, and Kritika Sethia, Legal Analyst, Gall
3 pages

This resource provides an overview of the Maternity Leave Pay Scheme in Hong Kong. The Employment Ordinance, Cap. 57 was amended with effect on 11 December 2020 onward to increase statutory maternity leave from 10 weeks to 14 weeks. The eligibility requirements, deadline for the application for reimbursement, and required supporting documents are all specified as well.

Resource Details
Interest Area: Employment and Labor
Region: Hong Kong
Audience: Mid-Career, New to In-House
Alicia Mataere, Partner – Workplace Relations, Holman Webb Lawyers
3 pages

This article examines the changes enacted to the National Minimum Wage, Civil Penalties, Workplace Health and Safety Queensland (WHSQ) Inspector Powers and the Work Health and Safety Act of 2011. It provides a holistic overview of all the provisions within the Act itself and their subsequent effects.

Resource Details
Interest Area: Employment and Labor
Region: Australia
Audience: Deputy GC, Mid-Career, New to In-House
Robyn Chamberlain, Partner – Property, Finance, Holman Webb Lawyers
2 pages

This article highlights issues in Australia pertaining to short-term rental accommodations (such as Airbnb). The short-term rental industry has obviously taken hits during the pandemic. However, the Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 No 41 was enacted on 10 April 2020 in order to address the short-term rental concerns.

Resource Details
Interest Area: Real Estate
Region: Australia
Audience: Mid-Career, New to In-House
Robyn Chamberlain, Partner – Property, Finance, Holman Webb Lawyers
2 pages

This piece provides invaluable insight and advice into the steps one should take in order to prevent online scams, hacks and identity/financial theft. It highlights an overview of the right safety strategies to take, which focus namely on verifying the identities of people being interacted with and confirming the authenticity of e-mails and transfer requests.

Resource Details
Region: Australia, New Zealand
Audience: Deputy GC, Mid-Career, New to In-House
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