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HKT
Asia/Hong_Kong

In recent years, we have seen Chinese authorities seeking to develop China's derivatives market and further opening up domestic market to foreign participants. However, the lack of legal certainty on netting under PRC law has been a hurdle on the growth of China's derivatives market.

As a prevalent understanding, the recognition of enforceability of close-out netting is one of the most effective steps towards establishing a safe and efficient derivatives market. It could permit parties to reduce their obligations to a single net payment due from one party to another, mitigating credit risks associated with derivative contracts and reducing the potential for market disruption in the event of a default.

Notably, in October 2021, the draft PRC Futures and Derivatives law was introduced for second reading at the Standing Committee of the National People's Congress of China, which represents the first step in China's legislative history to expressly acknowledge the enforceability of close-out netting at a national law level.

In that end, this session will cover the following sections:

1.    Overview of the current legal position on the enforceability of the close-out netting regime under PRC law

2.    Close-out netting arrangements under the PRC Futures and Derivatives Law (Draft) and issues pending clarification

3.    Outlook

SPEAKER:

TieCheng Yang
Partner- Han Kun Law Offices (Beijing)

TieCheng Yang is a Beijing-based partner of the Banking and Finance group at Han Kun Law Offices. Before joining Han Kun, TieCheng was a partner at Clifford Chance, where he headed the firm's financial regulatory practice in China. The China Business Law Journal listed TieCheng in December 2017 as one of the top 100 lawyers in all of China.

TieCheng has over 20 years' experience advising clients on China's financial markets, including RMB internationalization, banking, bonds (Panda Bonds and Dim Sum Bonds), securities and insurance, derivatives, structured products, the Stock Connects, the Shanghai Free Trade Zone, fund investment (QFII/RQFII, QDII and RMB funds), data protection, bank privacy, cyber-security and Fintech. TieCheng has rich experience in the review of derivatives agreements, including ISDA and China counterparts, NAFMII and SAC agreements. He focuses on financial regulations, and has over the years made significant contributions to the development of China's financial market. TieCheng's clients include domestic and foreign multinational corporations and financial institutions.

TieCheng is a native Mandarin speaker and is fluent in English.

TieCheng is a member of NAFMII's Legal Committee, NAFMII's Repo Master Agreement Drafting Committee, and Asia Pacific Arbitration Academy Committee of China Academy of Arbitration Law.

TieCheng received his B.A. from Peking University and his LL.M. from NYU School of Law.

EVENT DETAILS:

Date: Thursday, 7 April 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link.

Doing pro bono work is an important part of being a lawyer, and during these difficult times, providing legal support to those in need is more important than ever. Participating in pro bono work is also very satisfying professionally, and can expand your range of legal skills at all levels of experience. but before you dive in, especially as an in-house counsel, we’ve some reminders and tips on how to get prepared.

This unique seminar covers the current opportunities for in-house counsel and the issues  faced before engaging in pro bono work. It is ideal for new in-house counsel, and those new to pro bono work.

Building upon the information in ACC HK’s Pro Bono for In-House Counsel Guide, our specialist panel will delve into the current regulatory regime, limitations, alternative arrangements and importantly, the practical challenges of doing pro bono work within your organisation. In addition, the panel will  share some success stories from in-house lawyers who have done this before, and highlight some available resources. 

SPEAKERS:

Davyd Wong
Davyd is co-chair of the ACC Hong Kong’s ProBono Committee and director and founder of Pro Bono HK Ltd, a local charity working to improve access to justice for the marginalized and disadvantaged in Hong Kong.

Julia Mayerhofer
Julia is the Executive Director of PILNet Hong Kong with over 10 years experience working on human rights and refugee issues in Asia, with a focus on public interest law, in particular working with NGOs and exploring how legal pro bono can be used more strategically to their benefit.

Katherine Henzell
Katherine is a specialist legal counsel for the Global Banking unit of UBS Investment Bank in Hong Kong covering equity derivatives, with an emphasis on corporate derivatives and strategic equity solutions across Asia Ex-Japan region. She also founded and jointly leads their pro bono program at UBS AG in Hong Kong. 

EVENT DETAILS:

Date: Thursday, 24 March 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

The talk will provide an overview of the key considerations, and the parties and process, involved in an M&A transaction involving a Hong Kong public company. The aim is to highlight and to equip in-house counsels with the toolset to strategize and steer their company though the process, either as the target or the acquirer.

SPEAKERS:

Henry Ong
Partner- Weil, Gotshal & Manges

Henry is a partner in the Corporate department of Weil, Gotshal & Manges. Based in the Firm’s Hong Kong office, Henry advises on the full range of complex cross-border and Hong Kong M&A transactions, including public and private deals, strategic alliances and joint ventures.

With over 25 years of M&A experience, Henry is consistently recognized as a leader in his field by legal directories including Chambers and Partners Greater China Region, IFLR1000 Asia-Pacific and Legal 500 Asia Pacific. Chambers noted that clients applauded Henry for always “plan[ning] ahead to ensure a smooth execution of the transaction.” Legal 500 also noted that clients recognize that “Henry stands out for his strategic thinking combined with sound legal analysis.”

Henry regularly represents global strategic investors and financial sponsors, as well as boards of Hong Kong-listed companies, on buyouts, control acquisitions, minority investments, co-investments and corporate governance matters.

Jacky Sin
Associate- Weil, Gotshal & Manges

Jacky is an associate in the Corporate Department of Weil, Gotshal & Manges’ Hong Kong office. Jacky represents public and private companies and private equity sponsors in connection with corporate and transactional matters, including domestic and cross-border mergers and acquisitions and joint ventures. He also advises on general corporate matters. Prior to joining Weil, Jacky worked at leading international law firms in Hong Kong, Toronto and London.

EVENT DETAILS:

Date: Thursday, 10 March 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

Insufficient patent protection and enforcement in China has been a long-standing frustration for international and domestic rights holders. However, a series of changes to the patent landscape in recent years seeks to alleviate these frustrations. Join us for this exciting webinar looking at the fourth amendment to the Patent Law and China’s initiatives to improve the quality of patents and crackdown on bad-faith applications. It will also consider the implications of these changes for international companies operating in China, like the increasingly pro-patentee landscape and strengthened patent protection and enforcement. The unique and ever-changing landscape means global companies need to adapt and take advantage of these changes to maintain a competitive edge.

SPEAKERS:

Ai-leen Lim
CEO & Principal Counsel- AWA Asia Limited

Ai-Leen Lim leads AWA’s Asia practice as CEO and Principal Counsel, managing its headquarters in Hong Kong and its wholly owned Chinese IP consultancy in Beijing. She is admitted as an advocate and solicitor in Singapore and is qualified to practice in Hong Kong and the United Kingdom.

For more than 23 years, she has advised clients on IP portfolio management in China, in Hong Kong and internationally, with a special focus on China market entry, brand management and IP strategy.

Ai-Leen has been consistently recognized for her work through rankings and awards from leading industry publications including Chambers and Partners, The Legal 500, World Trademark Review and Managing IP. Most recently she was listed as a WTR Global Leader 2021 by World Trademark Review.

Xiaofan Chen
Partner- AWA Asia Limited(Beijing)

Xioafan Chen is a Partner in AWA Asia's Beijing office. He has over 17 years of experience with contentious and non-contentious strategic patent portfolio management. He represents international clients in patent invalidation, patent infringement and administrative cases.

Xiaofan was one of the first patent litigators to be officially registered with the Supreme People’s Court in China and since 2018 has been recommended for patent prosecution in China in the IAM Patent 1000: The World’s Leading Patent Professionals.​

EVENT DETAILS:

Date: Tuesday, 1 March 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link.

On 10 December 2021, Hong Kong Exchanges and Clearing Limited (“HKEX”) published its consultation conclusions on “Review of Corporate Governance Code & Related Listing Rules and Housekeeping Rule Amendments (the “Consultation Conclusions”), the relevant amendments to the Corporate Governance Code (the “CG Code”) set out in Appendix 14 and Appendix 15 to the Main Board and GEM Listing Rules (the “LRs”) respectively, the related LRs and other housekeeping LRs (the “Rule and Code Amendments”).

This webinar will provide participants with an understanding of the following areas:

  1. A summary on the major Rule and Code Amendments; and
  2. A sharing on the practical implications for listed issuers, board personnel, senior management and corporate governance professionals and the likely action required for listed issuers.

SPEAKERS:

Mandy Mok
Executive Director, Corporate Services

Mandy has over 25 years of experience in the company secretarial field focusing on business development, corporate governance practices and company secretarial service offerings to HKEX listed companies. She started her career at KPMG Hong Kong for around 10 years handling clients from different business sectors.  She possesses wealth of experience in advising and assisting IPO clients to adopt board procedures and corporate governance practices from scratch and providing guidance during implementation stage. She had served as the company secretary or joint company secretary for a number of state-owned enterprises, A+H and H-share companies in the recent 10 years.

Mandy is a Chartered Secretary, a Chartered Governance Professional and a Fellow of both The Hong Kong Chartered Governance Institute (“HKCGI”) and The Chartered Governance Institute in the UK. Mandy holds a master degree in Applied Accounting and Finance (distinction).

Wendy Ho
Executive Director, Corporate Services

Wendy has over 25 years of experience in the trust administration, corporate secretarial and compliance service field. She started her career at Ernst & Young Hong Kong providing corporate secretarial and advisory services to companies of diversified background prior to her joining Tricor. Her practice focuses on business development, corporate governance and regulatory compliance services. She is acting as  company secretary or joint company secretary for a number of Hong Kong listed companies. Wendy is a Chartered Secretary, a Chartered Governance Professional and a Fellow of both HKCGI and The Chartered Governance Institute in the UK. She is also a Council Member of HKCGI, the Vice-Chairman of the Professional Development Committee and Professional Services Panel of HKCGI. Wendy holds an MBA from the Hong Kong Polytechnic University.

EVENT DETAILS:

Date: Wednesday, 23 February 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link.

Stock Exchange of Hong Kong Limited (the “Stock Exchange”) plans to modernize  both the logic and the infrastructure of the Hong Kong IPO settlement process, HKEX expects that the introduction of a newly developed platform  FINI (Fast Interface for New Issuance)  will shorten the time gap between IPO pricing and trading. This will give investors quicker access to new listings, reduce market risk and improve efficiency for all parties involved. HKEX plans to roll out FINI in Q4 2022, the new platform for IPO market participants and regulatory authorities to interact seamlessly, allowing new shares to start trading as soon as “T+2”.

The webinar will discuss the key implications of the New Hong Kong IPO Settlement process under FINI. 

SPEAKER:

Catharine Wong
Head of Share Registry & Issuer Services, Tricor Group| Chairman of the Federation of Share Registrars Limited

Catharine heads the Tricor Share Registry & Issuer Services and is responsible for steering strategic initiatives to scale up business opportunities and overseeing daily operations.

Prior to joining Tricor, Catharine was the Head of Depository and Nominee Services in HKEX, responsible for overseeing the daily operation and business development of all the depository, IPO and corporate action processes in HKEX. Highlights include implementation of the China Stock Connect, re-engineering key processes in the Central Clearing and Settlement System and leading the discussion on the Uncertificated Securities Market (USM) operation model.

Catharine works across the global securities industry for more than 25 years and has held various operations, client relations and business management positions in major international banks.  Catharine is the Chairman of the Federation of Share Registrars Limited (FSR) and a member of USM Working Group led by the Joint Working Group, including Securities and Futures Commission, HKEX and FSR.  

EVENT DETAILS:

Date: Wednesday, 16 February 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

In July 2021, Ms. Claudia Salomon became the President of the International Chamber of Commerce (ICC) International Court of Arbitration, the first woman President of the ICC Court in its almost 100-year history. A priority of her presidency is to engage more effectively with senior in-house lawyers and to ensure that they are as well-informed as possible about the services ICC Arbitration has to offer.  

SPEAKER:

Ms. Claudia Salomon
President, ICC Court of Arbitration

Claudia Salomon is widely recognized as one of the leading arbitration practitioners of her generation. She is known for her sound judgment, effective case management and ability to quickly reach the crux of an issue.

In July 2021, Ms. Salomon became the President of the International Chamber of Commerce (ICC) International Court of Arbitration, the first woman President of the ICC Court in its almost 100-year history.

Claudia was formerly Partner and Global Co-Chair of Latham & Watkins’ International Arbitration Practice, where she was engaged in some of the most complex, high value and significant disputes. She has acted as arbitrator and counsel in arbitrations around the globe, under all of the major arbitral rules, governed by common law and civil law.

Claudia is a Fellow of the Chartered Institute of Arbitrators. She is the co-editor of Choice of Venue in International Arbitration, published by Oxford University Press.

Claudia is a member of the New York Bar and a solicitor in England and Wales. She graduated from Harvard Law School, cum laude, and Brandeis University, summa cum laude with honors. She also studied at Somerville College, Oxford University.

EVENT DETAILS:

Date: Tuesday, 11 January 2022

Time: 4:00 pm to 5:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link.

The special purpose acquisition company (or SPAC) is a phenomenon which has dominated the public capital markets in the US over the last two years, while the SGX has recently permitted SPAC listings and HKEX will follow suit from 1 January 2022. SPACs have had, and are set to continue to have, a significant impact for capital markets and M&A lawyers throughout Asia. The seminar will consider the offshore aspects of SPACs and, in particular, de-SPAC business combination deals in Asia, with a focus on Cayman law structuring and practice point considerations and case studies. The seminar will include a brief recap on SPAC structures more generally and will also briefly discuss the use of Bermuda, BVI and other offshore vehicles in the de-SPAC context.
SPEAKERS:

A person in a suit and tie Description automatically generated with medium confidenceNicholas Davies

Nick is a partner in Walkers' Corporate and Investment Funds group based in Hong Kong and advises clients on Bermuda, BVI and Cayman law matters across the Asia-Pacific region.

Nick focuses his practice on corporate and capital markets transactions, including mergers and acquisitions, take privates, joint ventures, de-SPAC business combinations, equity and debt investment structures and corporate governance matters. Nick frequently advises on public and private securities offerings, including IPOs and SPAC listings, DCM matters and structured finance. He also applies his broad equity and debt transactional experience to assist clients with restructuring mandates.

A person in a suit and tie Description automatically generated with medium confidenceWilliam Lee

William is a counsel in the Walkers' Corporate and Investment Funds Group. William specialises in corporate work including mergers and acquisitions and joint ventures.

Prior to joining Walkers William worked in the Corporate department of Mishcon de Reya in London, where he advised corporate clients and high net worth individuals on domestic and cross-border mergers and acquisitions, joint ventures, private equity transactions and general corporate matters.

EVENT DETAILS:

Date: Thursday, 20 January 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

It is our great honour that Secretary for Justice Ms. Teresa Cheng, GBM, GBS SC, JP has agreed to give a presentation on "Opportunities to Hong Kong's legal and dispute resolutions sectors under the 14th Five-year Plan and the GBA development".

There are only limited seats available for this seminar, please do register at your earliest. If for any reason, you can't make it to this event please do cancel your registration by logging in to your member profile or email us at eventshk@accglobal.com. Your assistance in cancelling early will allow us to include other members on the waiting list to take up your slot.

Kindly note that all participants should wear face masks during the whole event and no food and drinks are allowed; temperature checking and use of 'LeaveHomeSafe' app is required at the entrance.

 

This seminar covers the following: 

  • Brief Introduction to the Greater Bay Area, what is it and what is it intended to achieve in the field of finance, business and commerce?  How does the GBA fit within the objectives set out in the 14th Five Year Plan?
  • What strategies and policies have been, or are intended to be, implemented in Guangdong, HKSAR and Macao SAR to achieve these objectives?
  • How will the different legal systems within the GBA interact in cross jurisdictional transactions?
  • Dispute resolution in the GBA.  Are/will parties be free to choose the laws of any of the GBA jurisdictions as the governing law of transactions, and what will be the procedures for enforcement of court judgments and arbitral awards obtained in one GBA jurisdiction in the others?
  • How successful have the pilot measures for Hong Kong and Macao legal practitioners to obtain mainland practice qualifications been so far, and is it envisaged the scheme will be expanded?  What have the main practice areas been for Hong Kong lawyers in Guangdong, and mainland lawyers in Hong Kong been so far?  What additional skill sets would Hong Kong qualified lawyers need in order successfully to take advantage of the opportunities to practise in other GBA jurisdictions?

EVENT DETAILS:

Date: Wednesday, 15 December 2021

Time:
12:30 pm- 1:00 pm- Registration & Networking
1:00 pm- 2:00 pm- Presentation & Q&A session

Location:
Department of Justice
1/F, Main Wing, Justice Place, 18 Lower Albert Road, Central (See Map for directions)

CPD Points: CPD points have been applied for.

In this webinar, we will provide an overview of the prohibitions against anti-competitive horizontal and vertical agreements, and issues around the exchange of commercially sensitive information. These principles will be applied in the practical context of common commercial arrangements such as distribution agreements.

SPEAKERS:

A close-up of a person smiling Description automatically generatedAdelaide Luke

Partner and Head of Competition – Asia
Herbert Smith Freehills, Hong Kong

Adelaide Luke leads the firm's Competition, Regulation and Trade practice in Asia, and is based in Hong Kong. She is familiar with many of the competition law regimes in Asia, including China and various South East Asian countries, and has previously practiced in London and Brussels. 
Adelaide's practice encompasses all aspects of competition and antitrust law, including alleged abuses of dominance. She also specialises in international cartel investigations, and has appeared before the European Courts in Luxembourg on behalf of Asian clients. She has extensive experience managing multi-jurisdictional investigations and coordinating responses to different competition authorities. Her practice also encompasses merger control, joint venture arrangements, regulatory investigations, abuses of market power/dominance, and competition litigation. 

Adelaide has been ranked in leading legal directories for many years. Adelaide is currently ranked as "Leading Individual" in Chambers and Partners, and "Next Generation Partner" in Legal 500. She is qualified in Australia, Hong Kong, England and Wales, and Ireland.

A person in a suit and tie Description automatically generated with medium confidenceHoward Chan

Senior Associate- Herbert Smith Freehills, Hong Kong

Howard Chan is a Senior Associate in HSF's Competition, Regulation and Trade team in Hong Kong. He is an expert in the Hong Kong Competition Ordinance, and is familiar with many regimes around the world, including China, European Union and various South East Asian jurisdictions. Howard frequently advises on large, cross-border transactions, including on merger control aspects and on substantive competition law concerns. Howard has also advised many clients on internal and regulatory investigations, as well as compliance, particularly in relation to complex multi-jurisdictional matters. 

EVENT DETAILS:

Date: Tuesday, 7 December 2021

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. 

 

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