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Following a lengthy legislative process, China’s first comprehensive data privacy law, the Personal Information Protection Law (“PIPL”), was finally adopted on August 20 of this year and takes effect very shortly, on November 1.  Many aspects of PIPL were modelled on EU’s General Data Protection Regulation (aka GDPR) but the PIPL departs from and in many cases is stricter than GDPR in a number of respects.   In this event, we provide an overview of some of the PIPL’s key requirements and discuss how companies should prepare for this law.  Among other topics, we will discuss data localization requirements under the the PIPL and restrictions on cross-border transfers of personal information, which are more stringent than under either GDPR or pre-PIPL privacy rules in China. 

SPEAKERS:

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Paul McKenzieMorrison & Foerster

Paul is managing partner of MoFo’s Beijing and Shanghai offices and has more than 27 years of experience advising a stellar list of international clients on data privacy, regulatory licensing, cybersecurity, and other regulatory compliance matters associated with business in China.

Paul advises on a broad range of issues in connection with China’s evolving regulatory framework governing data privacy and security, including data localization rules, systems compliance, network security, and use of encryption technologies. 

He also frequently publishes and speaks on the topic.

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Description automatically generatedXuezi DanMorrison & Foerster

Xuezi Dan is an associate in Morrison & Foerster’s Beijing office. Her practice focuses on regulatory compliance, with a particular emphasis on cybersecurity and data privacy.

Xuezi has worked closely with a long list of leading international companies on matters ranging from data localization, data protection program, and cybersecurity regulatory compliance.

EVENT DETAILS:

Date: Tuesday, 12 October 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. 

Blockchain has gained popularity and prominence through virtual currencies but its applications are far greater than that, with tokenization poised as the next wave of financial disruption.  The importance of virtual assets and its pivotal role in the future of finance is increasingly being recognized by regulators across the globe and the behemoths of traditional finance alike.  In this webinar, we will look at the regulatory landscape in Hong Kong, key market trends and the outlook for the emerging frontier of virtual assets.

SPEAKER:

Joy Lam, Sidley Austin LLP

Joy is a Partner of Sidley Austin LLP based in Hong Kong and leads the development of Sidley's Hong Kong practice focused on the intersection of FinTech and Blockchain with   investment funds and asset management.

Joy's practice focuses on advising clients within the virtual assets ecosystem in Hong Kong. This includes advising on the structuring and offer of tokenized funds and non-fund tokenised  offerings; advising on the complex and rapidly evolving regulatory requirements for issuing, and managing investments in, virtual assets; and advising on the regulatory requirements for operating exchanges for the secondary trading of virtual assets.

She acted on the first open-ended and closed-ended tokenised fund launches in Asia. She was named the May 2020 Lawyer of the month by IFLR1000 for her work on the first tokenised fund in Asia to feature cryptocurrencies as an asset class. She has also advised a leading virtual assets client on securing the first approval from the SFC of an actively managed virtual assets fund that permits subscriptions and redemptions to be effected in kind.

Joy is recognized in Chambers Global 2021 and Chambers Asia-Pacific 2021 as Up and Coming” in investment funds. Joy has also been featured among theRising Stars – Investment Funds” by Expert Guides in 2020 and was previously named aRising Star” by Law360 in its 2018 annual report that recognizes the “top legal talent under 40” who are practicing at a level usually seen from veteran attorneys.

EVENT DETAILS:

Date: Tuesday, 21 September 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. 

This webinar will bring you right up to speed on recent developments on SOPL in Hong Kong. In a system unlike anywhere else, SOPL will initially rely on a complex chain of contractual amendments without any legislation. The Hong Kong Government will be introducing SOPL provisions across all its new public works contracts for tenders issued from July or August 2021. We will provide a concise briefing on the Development Bureau's draft Technical Circular, including:

  • Scope of application;
  • Payment dispute & claims handling procedure;
  • Adjudication;
  • Mandatory Subcontract Conditions for SOP and SOP Provisions for Relevant Subcontracts, particularly their incorporation into sub-contracts;
  • Direct payment mechanism for unpaid adjudicated amount;
  • Suspension of works for non-payment; and
  • Contractor’s Performance Report.

We will also consider the practical implications and the steps contractors and subcontractors will need to take to prepare themselves, and the latest position of the Hong Kong Construction Association.

SPEAKERS:

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Description automatically generated with medium confidence Ian Cocking, Cocking & Co

Ian is a founding partner of Cocking & Co, an independent law firm specialized in construction. Ian is recognised as one of the leading legal advisers to the construction, engineering and project development industries in Hong Kong and the Asia Pacific region. Ian is an accredited mediator and an accredited adjudicator.

 

 

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Description automatically generated with medium confidence Priscillia Lam, Cocking & Co

Priscillia is an associate of Cocking & Co. Her practice focuses on litigation and arbitration relating to construction and engineering in Hong Kong and overseas. She has worked with various clients including employers, contractors, engineers and architects in a number of high-profile construction and commercial projects.

 

 

EVENT DETAILS:

Date: Tuesday, 28 September 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. 

Join Registered Foreign Lawyer Matthew Durham from boutique dispute resolution law firm Gall for a presentation on employment law themes shaping the market in Hong Kong. From whether employers can mandate vaccinations, to the growing emphasis placed on mental wellness in the workplace, how employers can effectively handle layoffs, suspension during misconduct investigations, updating and using policies to adapt to new working situations, and relying on conditions for commencement of employment, Matthew will share practical suggestions and guidance on how to adapt to a rapidly evolving workplace in a challenging and COVID-affected environment.

Matthew will address questions from the audience after his presentation.

SPEAKER:

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Description automatically generated with low confidenceMatthew Durham joined Gall’s Employment practice as an England and Wales qualified Registered Foreign Lawyer in January 2021 and is an experienced employment lawyer specialising in employment matters. He is known in the market for advising multi-national companies on the full range of employment issues relating to hiring and separating, employment contracts, handbooks and policies, international secondments, transactions and restructurings, labour unions, stock options and incentive schemes, social insurance and welfare schemes, employee fraud, and restrictive covenants.

 

EVENT DETAILS:

Date: Wednesday, 6 October 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. 

Investments in InsurTech are becoming larger and more frequent in Asia. This webinar explores the forms such investment may take (JV, licence, outright acquisition etc.) and the contractual documentation and typical issues associated with them.  It also considers some of the regulatory issues that arise in the context of such investments. Many of the issues highlighted in the webinar will also be relevant to FinTech investments more generally.

SPEAKERS:

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Description automatically generated with medium confidenceEdwin Northover, Debevoise & Plimpton

Edwin Northover is a partner at Debevoise & Plimpton and heads its Asian insurance practice. He has a broad cross-border corporate practice, with a particular focus on mergers & acquisitions, joint ventures and distribution agreements in the insurance industry.

 

 

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Description automatically generated with medium confidenceJan Buschmann, Debevoise & Plimpton

Jan Buschmann is an international counsel at Debevoise & Plimpton. His practice focuses on insurance transactions and regulation in Hong Kong and the wider Asia region.

 

 

EVENT DETAILS:

Date: Tuesday, 7 September 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. 

This seminar will explain the latest happenings around the proposal to limit director search disclosures in respect of Hong Kong companies over internal company records and at the Companies Registry.

The approach would be purely from the practical governance perspective in relation to business concerns. The discussions will consider:

  • The original proposals back in 2012
  • The current modifications and timeframe
  • The devil being in the details which are being finalized

You can join the lecture for some historical perspectives, issues and perspectives on this vexed topic.

The ACC Hong Kong Board of Directors invites you to the following webinar presented by Clifford Chance on 'Regulatory Oversight and Enforcement Actions by the SFC and the HKEX on Listed Companies and Directors' Liabilities' on Tuesday, 29 June 2021.

Presented by senior members of our Hong Kong contentious regulatory and litigation and dispute resolution team, the webinar will cover:

  • An overview of the SFC and the HKEX’s regulatory powers in connection with listed issuers and directors
  • Key risk areas, and areas of regulatory focus, by reference to recent enforcement actions and what we are seeing in the market
  • Practical 'dos and don'ts' for directors in SFO and listing rules compliance

We do hope you can join us for what should be an interesting discussion on a topical subject.

SPEAKERS:

Jonathan Wong

Partner, Litigation & Dispute Resolution, Clifford Chance

Jonathan is a partner in the Litigation & Dispute Resolution practice in Hong Kong. He regularly defends listed companies and directors in enforcement action against both the SFC and HKEx, and also advises on listed company compliance, notably in respect of issues such as connected transactions, disclosure of price-sensitive information and internal controls.

Jonathan is admitted as a solicitor in Hong Kong and is an advocate and solicitor in Singapore.

William Wong

Consultant, Litigation & Dispute Resolution, Clifford Chance

William is a Consultant in Clifford Chance's Litigation and Dispute Resolution practice.

Before joining Clifford Chance, he had held in-house positions at Bank of America Merrill Lynch and Credit Suisse, advising on regulatory and compliance issues arising from their regional private banking and investment banking businesses. William has been listed by Legal 500 as a “Next Generation Lawyer” in Hong Kong for Dispute Resolution and as a Future Leader in Who's Who Legal's Investigations 2021 chapter.

Michael Wang

Consultant, Litigation & Dispute Resolution, Clifford Chance

Michael Wang is a Consultant in Clifford Chance’s Litigation and Dispute Resolution practice. Admitted in Hong Kong in 2012, Michael is a native Mandarin speaker and is fluent in Cantonese.

Michael advises on a broad range of contentious regulatory matters and complex banking and commercial litigation. He regularly advises banks, investment funds, brokerages, asset managers and listed companies in a wide range of regulatory investigations and compliance issues, including market misconduct and manipulation, sponsor liability, electronic trading, reporting failures, insider dealing, operation of alternative liquidity pool, position limits reporting, facilitation trading, financial resources rules and listing rules compliance.

Michael is a contributing author for the Hong Kong chapter of GIR's 'The Practitioner's Guide to Global Investigations' and recognised as a Future Leader in Who's Who Legal's Investigations 2021 chapter.

EVENT DETAILS:

Date: Tuesday, 29 June 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. 

ACC thanks event sponsor:

Trust structures remain popular with wealthy Asian families as there is an ever-growing continuing need for maintaining confidentiality and protecting wealth for future generations, with an emphasis on tax-efficient planning. 

However, as many private client advisers will be familiar, one of the major obstacles faced by such families is finding balance between the desire for asset protection and successful succession arrangements on the one hand, and the reluctance to lose control over the business they have created on the other hand. Throw in intergenerational differences and it becomes clear that standard, off the shelf products will not suffice. Fortunately, offshore trust structures are apt to remedy this conflict. 

This presentation takes a closer look at offshore trust structures that specifically cater for complex succession planning issues. The presentation will cover: 

  • Creating the perfect Virgin Islands Special Trusts Act (VISTA)
  • Lighting the way with a Cayman Island Special Trust (Alternative Regime) (STAR)
  • Reserved Powers Trusts
  • Private Trust Companies (PTC)=

SPEAKER:

Nicola Roberts
Partner, Head of Litigation, Insolvency and Restructuring

Nicola Roberts is a partner and Head of our Litigation, Insolvency and Restructuring group in Singapore. She also leads our Trusts and Private Client Advisory Group in Asia. With over 20 years’ experience as a contentious practitioner and having spent more than a decade working offshore, she is routinely engaged in a wide range of complex cross border litigation. 

Her expertise encompasses shareholder disputes, fraud and asset-tracing, international contentious trusts and estates, fund disputes, cryptocurrency disputes and investigations as well as insolvency, restructuring and contentious regulatory advisory work.

EVENT DETAILS:

Date: Wednesday, 21 July 2021

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 session, which will be led by CMS Partner Jonathan Warne and General Counsel David Lamb (Hongkong Land) and Gill Meller (MTR Corporation), will explore the issues raised in CMS’s most recent General Counsel thought leadership report*, Creating Connections, Bridging Gaps. Jonathan will facilitate a discussion with David and Gill, also drawing upon insights from other leading international General Counsel to provide analysis of personal and team performance and pathways for future career development. Participants will gain insights into how to develop their careers, succeed in their role and as General Counsel or senior in-house lawyers, become true strategic advisors. We will also launch the General Counsel ‘Bridge Model’.

CMS’s GC Thought Leadership project explores challenges faced by in-house teams across multiple jurisdictions including the UK and Europe, SE Asia and the Americas. CMS have researched the principal challenges identified by GCs in their roles, namely, how to demonstrate value, operate strategically and gain influence, as well as team structure and leadership. Over 1000 GCs / senior in-house counsel globally have been engaged.

* Report produced jointly with European Company Lawyers Association

SPEAKERS:

Jonathan Warne
Head of International Disputes
CMS Cameron McKenna Nabarro Olswang LLP

Jonathan is one of the firm’s Practice Group Leaders with disputes teams throughout the UK, in Europe, Singapore and Hong Kong. He is head of International Disputes. He has over 30 years of experience in handling complex domestic and cross border disputes in a range of sectors including life sciences, financial services and technology, in company commercial, fraud and insolvency related litigation. He is known for acting for international clients in significant multi-party jurisdictional matters focusing for many years on clients based in SE and NE Asia. He has a track record of success supported by client feedback.

Jonathan has worked extensively with General Counsel and has led a GC thought leadership initiative for over twelve years. To date, eight substantive reports have been published, the most recent being, “Creating Connections, Bridging Gaps”.

Jonathan has featured in the leading legal directories for many years.

Legal 500 2020 list him in the Hall of Fame and describe him as “An expert litigator and great tactician, who always gives extremely valuable, strategic advice”.

Chambers and Partners 2021 describe him as "…brilliant when it comes to advising clients on strategy." "Jonathan is very commercial and to the point, and has a good rapport with clients and his team."

David P Lamb
Executive Director and Group Counsel 

Hongkong Land Limited

David Lamb is an Executive Director and Group Counsel of Hongkong Land Limited and the Group's principal subsidiaries in Hong Kong and Asia.

He joined the Company in 1996 and was appointment Group Counsel and a member of the Board in 2004. He is responsible for all legal aspects of the Group, and oversees the functions of Company Secretarial and Legal Services.

Mr Lamb is a US qualified lawyer with wide commercial experience in Asia and the US. He joined Jardine Matheson in 1992 and was seconded to Hongkong Land in 1996. Prior to joining Jardine Matheson, he worked in private practice with Oh-Ebashi Law Office in Osaka, Japan and with Lord, Bissell and Brook in Chicago, IL. He was educated in the US and holds a J.D. from the University of Michigan and a General Business/Pre-law Bachelor's degree from Michigan State University. He is also a graduate of the Stanford Executive Program.

Mr Lamb is a regular participant in community activities and involved with various charitable organisations.

Gill Meller 
Legal and Governance Director

MTR Corporation Limited

Gill Meller is MTR Corporation Limited’s Legal and Governance Director since 22 February 2021. She was the Legal Director & Secretary between September 2011 and June 2016, and the Legal and European Business Director between July 2016 and February 2021.

She is responsible for overseeing the Company’s legal, company secretarial, insurance and risk management functions and a central procurement and supply chain function. She is also responsible for leading the Company’s assurance function with the aim of providing a strengthened second line of defence across key risk areas of the Company.

Before joining MTR, Gill was Director of Legal Services for Metronet Rail SSL Limited and a solicitor at CMS Cameron McKenna in London, the United Kingdom. She graduated from Hertford College, University of Oxford and obtained her postgraduate qualifications in law from The College of Law in the United Kingdom. Ms Meller is qualified to practise as a solicitor in Hong Kong and England and Wales.

She is a vice chairman of the Legal Committee of The Hong Kong General Chamber of Commerce, a member of the Standing Committee on Company Law Reform, the President of The Hong Kong Institute of Chartered Secretaries (‘HKICS’).

EVENT DETAILS:

Date: Wednesday, 14 July 2021

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 Association of Corporate Counsel Hong Kong invites you to Hong Kong Corporate Counsel Association Limited's 2020 Annual General Meeting, to be held at 8/F One Exchange Square, 8 Connaught Place, Central, Hong Kong on Thursday, 24 June 2021 at 7:00 PM.

In light of the current public health situation in Hong Kong, social distancing measures will be implemented at the venue. As an alternative to attending in person, members can also attend the AGM via this Zoom link.

Please find on these links below all documents for the AGM. 

The Secretary can be contacted at infohk@accglobal.com.

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