Risk management in troubled times

Risk management in troubled times

Against a backdrop of political unrest, the ongoing Sino-US trade war and growing environmental threats, there has been a renewed interest among governance professionals in the complex and challenging art of risk management. In October and November last year, local...
ESG and risk – An essential partnership for long-term value

ESG and risk – An essential partnership for long-term value

Putting a dollar value on environmental, social and governance (ESG) impacts, argues Pat Dwyer, Founder and Director, The Purpose Business, demonstrates the business sense of prioritising ESG management. In the summer of 2019, Hong Kong Exchanges and Clearing Ltd...
New guidance notes

New guidance notes

CSj highlights the latest additions to the Institute’s guidance note series, updating members on how to conduct internal investigations into malpractice and on inside information disclosure requirements for A+H share companies. The Hong Kong Institute of Chartered...
Practical guidelines for enhancing ESG value

Practical guidelines for enhancing ESG value

Ir Professor Raymond Wong, Head of Collaboration and Quality Assurance & Compliance, and Angus Chan, Manager (Environmental), both of CMA Testing and Certification Laboratories, and Ir Stephen Yu, Operations, Compliance & Risk Director, of BSI Hong Kong,...
Backdoor listings:  the SFC approach

Backdoor listings: the SFC approach

The Securities and Futures Commission (SFC) clarifies its approach to backdoor listings and shell activities, using its statutory powers under the Securities and Futures (Stock Market Listing) Rules and the Securities and Futures Ordinance. In recent years, problems...
Individual accountability

Individual accountability

Globally we are seeing the introduction of new regimes to make it easier for regulators to hold individual executives and board members responsible for corporate misconduct. CSj looks at the implications of this trend for directors, managers and governance...
Artificial intelligence and regulatory compliance

Artificial intelligence and regulatory compliance

Emily Foges, CEO, Luminance, and Emma Walton, Knowledge and Innovation Manager, Slaughter and May, suggest ways that artificial intelligence can be harnessed by corporate governance professionals in the area of regulatory compliance. Artificial intelligence (AI) has...
New reverse takeover rules

New reverse takeover rules

New listing rule amendments to become effective on 1 October 2019 seek to enhance Hong Kong’s reverse takeover rules and continuing listing criteria. Hong Kong’s listing rules require listed issuers to maintain sufficient operations and to have assets of sufficient...
Modern governance

Modern governance

Chris Lawley, Vice-President APAC, Diligent, suggests four steps for boards to modernise their governance. Diligent recently launched a new category called ‘modern governance’ to bring boards of directors and leadership teams up to speed in today’s digital world....
CSj August 2019 (pdf version)

CSj August 2019 (pdf version)

Accountability – A cure for capitalism? Click the cover image below to view or download a pdf of the full...
The tech challenge

The tech challenge

Tech is not just for Cyberport, says Dr George Lam, Chairman, Hong Kong Cyberport Management Company Ltd, tech is for everybody, including governance professionals. Do you think people in Hong Kong are aware of just how radical the transformation of our lives and work...
The impact of blockchain technology on compliance

The impact of blockchain technology on compliance

Blockchain technology is being touted as ‘the new internet’. Chris Grundy, Director of Marketing at SelfKey and KYC-Chain, explains what blockchain technology is, how it can help and how it impacts compliance issues. Compliance is undergoing radical change in 2019 and...
New guidance notes

New guidance notes

CSj highlights the latest additions to the Institute’s guidance note series, updating members on information technology risk, intitial public offering due diligence and the latest changes to the Companies Ordinance. The Institute’s guidance notes, available from the...
CSj July 2019 (pdf version)

CSj July 2019 (pdf version)

ACRU 2019 review  – The critical role of internal controls Click the cover image below to view or download a pdf of the full...
Board governance

Board governance

CSj highlights the company secretary’s unique perspective on the factors that contribute to effective decision-making by the board. You have put together a stellar cast of directors, and both shareholders and management are content, but before you know it, there are...
Protecting market integrity

Protecting market integrity

Tim Lui Tim-leung SBS JP, who took up his current role as Chairman of the Securities and Futures Commission (SFC) in October 2018, discusses the importance for the future of Hong Kong of protecting market integrity and promoting high standards of corporate governance....
Competition update: Q&A with Brent Snyder

Competition update: Q&A with Brent Snyder

On the third anniversary of the Hong Kong Competition Ordinance, Brent Snyder, Chief Executive Officer of the Competition Commission, answers some frequently asked questions about the policies and enforcement actions of the Competition Commission. The Competition...
Putting the G back into ESG

Putting the G back into ESG

Hong Kong Exchanges and Clearing Ltd proposes new regulatory requirements designed to boost the effectiveness of companies’ governance structures for the management of environmental, social and governance (ESG) issues. Tougher regulation of ESG management and the...
Anti-corruption compliance

Anti-corruption compliance

The Independent Commission Against Corruption (ICAC) offers guidance on how to comply with Hong Kong’s upgraded disclosure requirements relating to anti-corruption policies and performance. Globally, there is an increasing demand for better disclosure by listed...
Cyber risk – What a board should be asking

Cyber risk – What a board should be asking

Cyber risk is now a major area of concern for all organisations and the board should be knowledgeable about such risk. Richard Sheath, Director, Independent Audit Ltd, looks at how a board can exercise oversight of this fast-moving and difficult-to-understand critical...
CSj June 2019 (pdf version)

CSj June 2019 (pdf version)

Board Governance – The art of decision-making Click the cover image below to view or download a pdf of the full edition....
Social media governance – your guide

Social media governance – your guide

CSj gets some best-practice advice from governance professionals in Hong Kong and Mainland China on how to build and maintain an effective social media governance regime. In August 2018, Tesla’s chairman Elon Musk posted a message on Twitter that he had secured...
Governance capital

Governance capital

James Lau JP, Secretary for Financial Services and the Treasury, argues that high corporate governance standards will be crucial for maintaining Hong Kong’s role as a premier international financial centre. Chapter 54 in Mainland China’s 13th Five-Year Plan has a...
Investor-state dispute settlement reform – Mapping the way forward

Investor-state dispute settlement reform – Mapping the way forward

The Honourable Teresa Cheng GBS, SC, JP, Secretary for Justice, Hong Kong Special Administrative Region of the People’s Republic of China, outlines the major issues pertinent to investor-state dispute settlement (ISDS) reform in Hong Kong and internationally. Recourse...
CSj May 2019 (pdf version)

CSj May 2019 (pdf version)

Social media governance – Your guide Click the cover image below to view or download a pdf of the full...
Sustainability reporting in  the digital age

Sustainability reporting in the digital age

Rebecca Walker Chan, Sustainability Advisor, The Purpose Business, argues that while new communication tools and channels can give sustainability reports more impact and relevance to their audience, the fundamentals for successful sustainability reporting remain the...
Quality ESG reporting: a reader’s guide

Quality ESG reporting: a reader’s guide

How well would your environmental, social and governance (ESG) report hold up under the critical analysis of an ESG professional? Dr Glenn Frommer and Theodora Thunder, Principals, The Sustainability Partnership, share some insights into what they look for in a good...
The three negative lists – your guide

The three negative lists – your guide

Echo Li, Head of Corporate Secretarial, TMF East China, explains how to apply the three negative lists that define the current prohibitions and restrictions on business activities in Mainland China. Mainland China is a dynamic market undergoing constant change and...
Privacy accountability

Privacy accountability

A new study released by the Office of the Privacy Commissioner for Personal Data assesses how well organisations in Hong Kong have implemented the accountability principle through their Privacy Management Programmes. A new study released by the Office of the Privacy...
Managing disputes – top tips for Hong Kong companies

Managing disputes – top tips for Hong Kong companies

Paul Starr, Suraj Sajnani, Dong Long, King & Wood Mallesons, give some top tips for Hong Kong companies’ dispute management following the signing of a ground-breaking arrangement that broadens the scope of judgments which may be enforced between Mainland China...
Right to silence

Right to silence

Can you remain silent upon receiving a Section 181 notice? Wynne Mok, Partner, and Jonathan Kao, Associate, Slaughter and May, highlight the implications of the recent judicial review application – AA & Anor v The Securities and Futures Commission. Cooperation...
CSj April 2019 (pdf version)

CSj April 2019 (pdf version)

Sustainability reporting in the digital age Click the cover image below to view or download a pdf of the full edition....
Finance for sustainability

Finance for sustainability

Can green finance be a game changer? CSj takes a look at the growing green finance sector in Mainland China and Hong Kong. As global temperatures and sea levels are rising, so is the pressure on world leaders to actually do something about it. A United Nations (UN)...
Leading the governance change

Leading the governance change

Peter Greenwood FCIS FCS, former Company Secretary and Corporate Counsel of CLP Holdings and the winner of the HKICS Prize 2018, highlights the advantages of being a governance first mover. Congratulations on receiving the Hong Kong Institute of Chartered Secretaries...
Green finance: an SFC view

Green finance: an SFC view

CSj interviews Julia Leung, Deputy Chief Executive Officer and Executive Director, Intermediaries, Securities and Futures Commission (SFC), on the potential for developing Hong Kong as a green finance centre. What is the underlying rationale for pushing green...
提高管治標杆

提高管治標杆

今年1月17日,香港特許秘書公會周年圓桌會議順利在香港召開,會議重點討論了近期監管機構對香港企業管治守則的修訂,包括董事問責制和董事會多樣性等,以進一步提升香港企業管治水準。 每年,香港特許秘書公會(公會)都會在香港和內地城市,舉辦五次董秘圓桌會議,通過專家分享和討論,協助內地和香港會員了解內地和香港監管環境的變化。...
Raising the governance bar

Raising the governance bar

The latest Hong Kong Institute of Chartered Secretaries Company Secretary/Board Secretary Roundtable meeting, held on 17 January in Hong Kong, focused on recent amendments to Hong Kong’s governance regime designed to raise standards in a range of areas from directors’...
Cyber risk – are you a  weak link?

Cyber risk – are you a weak link?

It is essential for directors to set the tone from the top for a strong cyber risk management culture, but a recent Diligent survey indicates that, when it comes to digital security, their own practices often aren’t keeping pace. Directors guide the success of...
CSj March 2019 (pdf version)

CSj March 2019 (pdf version)

Green finance – Will it be a game changer? Click the cover image below to view or download a pdf of the full...
Board evaluation: creating a virtuous cycle

Board evaluation: creating a virtuous cycle

Board reviews have become an accepted and valued part of board governance in the UK. Philip Sidney, Associate, Lintstock, highlights some insights into board evaluation best practice from a recent Lintstock study of current practices in the UK. 2018 was an...
Governance for our times

Governance for our times

The Institute of Chartered Secretaries and Administrators International President and The Hong Kong Institute of Chartered Secretaries (HKICS) Past President, Edith Shih FCIS FCS(PE), in her recent HKICS Double Anniversary Gala Dinner Guest of Honour speech, argued...
Front-loaded regulation:  two years on

Front-loaded regulation: two years on

Two years on from the adoption by the Securities and Futures Commission (SFC) of its ‘front-loaded’ approach to regulation, Ashley Alder, the SFC’s Chief Executive Officer, gives an update on how it is working in practice. Hong Kong can enhance its current position to...
Board evaluations:  getting directors on board

Board evaluations: getting directors on board

If board evaluations are tedious or cumbersome, director engagement can be impacted negatively. Franklin Chen, Director, Diligent, suggests ways to boost the engagement of directors in, and therefore the effectiveness of, your board evaluation process. A recent global...
Companies Ordinance amendments: your guide

Companies Ordinance amendments: your guide

This article highlights new amendments to the Companies Ordinance which became effective on 1 February 2019. It has been five years since the new Companies Ordinance (CO) commenced operation in March 2014. The Companies (Amendment) (No 2) Ordinance 2018 (the Amendment...
Mainland China’s new e-commerce law

Mainland China’s new e-commerce law

Catherine Zheng, Partner; Dora Si, Partner; and Winne Yue, Professional Support lawyer; Deacons, look at the implications of Mainland China’s new e-commerce law, which comes into effect this month, relating to the liability of e-commerce platform operators in respect...
Anti–money laundering compliance

Anti–money laundering compliance

Milda Valevice, Legal Counsel, Citco Global Subsidiary Governance Services (GSGS) gives compliance advice following the step change we are currently seeing in the scope of anti-money laundering regulation around the world. In April 2018, the European Parliament...
Meet your new colleague – artificial intelligence

Meet your new colleague – artificial intelligence

AI technology hit the headlines in 2016 when AlphaGo beat the world’s top Go players. In fact, the technology has been around for some time, and, as Joseph Chu and Charlie Wang of Deloitte China explain, is fast becoming an essential part of workforces around the...
Regime change

Regime change

CSj looks at useful resources for governance professionals seeking to upgrade their compliance with Hong Kong’s Corporate Governance Code. Changes to Hong Kong’s Corporate Governance Code and related listing rules become effective this month, including tougher...
GDPR extraterritoriality: new guidelines

GDPR extraterritoriality: new guidelines

Miriam Everett, Head of Data Protection and Privacy, Herbert Smith Freehills, looks at new draft guidelines issued by the European Data Protection Board giving long-awaited guidance on the extraterritorial application of the EU’s General Data Protection Regulation....
Companies Ordinance compliance: new guidance for not-for-profits

Companies Ordinance compliance: new guidance for not-for-profits

The fourth in a series of guidance notes produced by the Institute’s Public Governance Interest Group gives guidance on the continuing compliance obligations of not-for-profits under the Companies Ordinance. The Institute’s Interest Group guidance note project got...
Insider dealing update

Insider dealing update

Hong Kong Court of Final Appeal clarifies ‘innocent purpose’ defence to insider dealing. The Hong Kong Court of Final Appeal (CFA) has recently allowed the Securities and Futures Commission’s (SFC) appeal against the Market Misconduct Tribunal’s (MMT) findings that...
CSj January 2019 (pdf version)

CSj January 2019 (pdf version)

Meet your new colleague – Artificial intelligence Click the cover image below to view or download a pdf of the full...