Data privacy risk

Data privacy risk

Governance professionals in Hong Kong share some tips on how organisations can build the necessary governance culture and internal controls to guard against data privacy risks. The legislative and regulatory landscape for data privacy is changing fast. The...
Personal data privacy – an ethical perspective

Personal data privacy – an ethical perspective

Stephen Kai-yi Wong completed his tenure as Privacy Commissioner for Personal Data, Hong Kong, China (Privacy Commissioner) on 3 August this year. CSj talks to him about the changes he has seen in the privacy protection landscape in Hong Kong over his five-year term...
Enhancing individual director accountability

Enhancing individual director accountability

Sharan Gill, writer, lawyer and contributor to CSj, reviews a paper published earlier this year by the Thought Leadership Committee of The Chartered Governance Institute, which looks at one of the most debated and controversial areas in governance – the accountability...
Working from home?

Working from home?

Donald Lai ACIS ACS, Solicitor, CPA, argues that there is a need for more clarity on employees’ rights and obligations during search operations of residential premises conducted by the Securities and Futures Commission (SFC). During the current COVID-19 pandemic,...
Careers in Governance – David Simmonds FCIS FCS

Careers in Governance – David Simmonds FCIS FCS

What is your role as a governance professional? ‘I am the Group General Counsel and Company Secretary for CLP Holdings Ltd, where I lead a team of professionals from various disciplines across legal, insurance, governance and sustainability. I am also a current...
CSj September 2020 (pdf version)

CSj September 2020 (pdf version)

Data privacy risk – The role of governance professionals Click the cover image below to view or download a pdf of the full edition....
Board diversity in Hong Kong – moving from talk to action

Board diversity in Hong Kong – moving from talk to action

CSj gets some best-practice advice from investors, regulators and governance professionals in Hong Kong on how to improve diversity on boards and deliver real change. Earlier this month, a Qualcomm shareholder sued the company’s directors for failing to bring an...
Governance in the COVID-19 crisis

Governance in the COVID-19 crisis

Neil Waters and Karoline Vinsrygg, Egon Zehnder, highlight the results of a recent poll of chairs and board members to find out how boards are responding to the COVID-19 crisis. Like everyone and everything else, boards have had to adapt to a changed world in so many...
Dematerialisation – three decades on

Dematerialisation – three decades on

CSj looks at the latest proposals for implementing a paperless securities market in Hong Kong. On 28 January 2019, the Securities and Futures Commission (SFC), Hong Kong Exchanges and Clearing Ltd (HKEX) and the Federation of Share Registrars Ltd (FSR) issued a joint...
Offshore fund exemption regime for Hong Kong–domiciled funds

Offshore fund exemption regime for Hong Kong–domiciled funds

Henry Kwong, Tax Partner, Cheng & Cheng Taxation Services Ltd, analyses the latest Inland Revenue Department guidance on offshore fund exemptions for Hong Kong–domiciled funds. On 30 June 2020, the Inland Revenue Department (IRD) published its long-awaited...
Virtual assets funds

Virtual assets funds

As the first cryptocurrency fund licensed by the Securities and Futures Commission is launched in Hong Kong, Richard Keady, Partner, and Henry Li, Associate, Dentons Hong Kong, give an overview of the regulatory regime applicable to such funds. Technology is changing...
Careers in Governance – Crystal Lee ACIS ACS

Careers in Governance – Crystal Lee ACIS ACS

What is your role as a governance professional? ‘As a company secretarial officer working for a listed company, my role is to ensure regulatory compliance within the listed company and its subsidiaries. I also assist in the holding of board meetings and annual general...
Individual accountability – ACRU 2020 review: part one

Individual accountability – ACRU 2020 review: part one

A central theme to emerge from the Institute’s 21st Annual Corporate and Regulatory Update (ACRU) webinar, held on 5 June, was that regulators in Hong Kong will increasingly be holding individual executives, board members and professional practitioners accountable for...
Disclosure in times of crisis – ACRU 2020 review: part two

Disclosure in times of crisis – ACRU 2020 review: part two

Corporate disclosure issues featured highly in the discussions at this year’s Annual Corporate and Regulatory Update (ACRU). This second part of our ACRU review looks at the insights into corporate disclosure offered by regulators and practitioners speaking at the...
AML/CTF compliance – ACRU 2020 review: part three

AML/CTF compliance – ACRU 2020 review: part three

This third and final part of our review of ACRU 2020 focuses on the insights shared at the forum regarding anti–money laundering and counter–terrorist financing (AML/CTF) compliance. Two years on from the implementation of Hong Kong’s new anti–money laundering and...
The social credit system – are you prepared?

The social credit system – are you prepared?

Carl Li, Senior Partner, AllBright Law Office, makes recommendations for meeting the compliance requirements of the social credit system, which is scheduled to become fully operational in the Mainland by the end of 2020. Corporate compliance is becoming increasingly...
Bank culture reform in Hong Kong

Bank culture reform in Hong Kong

Herbert Smith Freehills looks at a new report issued by the Hong Kong Monetary Authority on its review of self-assessments on bank culture made by 30 authorised institutions. On 22 May 2020, the Hong Kong Monetary Authority (HKMA) published a report on its review of...
PRC Individual Income Tax reforms: anti-avoidance tax provisions

PRC Individual Income Tax reforms: anti-avoidance tax provisions

In the second of this two-part series, Henry Kwong, Tax Partner, and Matthew Cheung, Tax Manager, Cheng & Cheng Taxation Services Ltd, assess the salient features of the anti-avoidance tax provisions, recently introduced as part of the PRC Individual Income Tax...
Careers in Governance – Dominic Wu ACIS ACS

Careers in Governance – Dominic Wu ACIS ACS

What is your role as a governance professional? ‘I provide oversight of all sorts of risks for several business lines within my bank. Risk management is a key component of governance, assisting the business to better identify and manage risks so as to accomplish...
Taxation of the  platform-based economy

Taxation of the platform-based economy

As economies shift into intangibles as drivers of economic value, is the present global tax system fit for purpose? Dr Jag Kundi, a Hong Kong–based scholar-practitioner active in the FinTech space, looks at the role that blockchain can play in improving and upgrading...
Customer due diligence – how technology can help

Customer due diligence – how technology can help

Emma Newman, Head of Sales, Veridate, highlights the key factors corporate services providers should consider when seeking the right technology to assist with know your client and customer due diligence compliance. For people working across the finance industry and...
The Mainland’s new Personal Information Security Specification

The Mainland’s new Personal Information Security Specification

Hogan Lovells highlights how the Mainland’s new Personal Information Security Specification, which will come into force on 1 October 2020, raises the stakes for data protection in the Mainland. Less than two years after the implementation of the ‘GB/T 35273-2017...
Non-performance of commercial contracts during COVID-19

Non-performance of commercial contracts during COVID-19

Tim Parker and Abigail Liu, Barristers at Denis Chang’s Chambers, take an in-depth look at the legal ramifications of the non-performance of commercial contracts during the current coronavirus pandemic. The rapid spread of COVID-19 has developed into a global threat....
Disclosure of inside information – a timely reminder

Disclosure of inside information – a timely reminder

Debevoise & Plimpton looks at a recent Market Misconduct Tribunal decision concerning late disclosure of inside information and makes practical suggestions on steps listed companies can take to ensure compliance with Hong Kong’s inside information disclosure...
Career in Governance – Edith Shih FCG(CS, CGP) FCS(CS, CGP)(PE)

Career in Governance – Edith Shih FCG(CS, CGP) FCS(CS, CGP)(PE)

What is your role as a governance professional? ‘As a governance professional, I see my role as a builder, an implementer, an enforcer and an upgrader. As a builder, I spearhead the establishment of governance policies, procedures and practices (governance...
CSj June 2020 (pdf version)

CSj June 2020 (pdf version)

Digital readiness – In a time of uncertainty Click the cover image below to view or download a pdf of the full...
Thought leadership review

Thought leadership review

Helping Chartered Secretaries and Chartered Governance Professionals keep up with frontier issues in governance is part of the remit of The Chartered Governance Institute (CGI). This article reviews two new papers from CGI’s Thought Leadership Committee that raise...
Independent directorship: have you got what it takes?

Independent directorship: have you got what it takes?

Since retiring two years ago, Richard Ho FCIS FCS, has embarked on a second career as an independent non-executive director (INED). He shares with CSj some essential lessons in how to make a success of the INED calling. Can you tell us about your personal background...
AGMs and social distancing

AGMs and social distancing

CSj highlights the recommendations of the latest guidance note issued by the Institute’s Public Governance Interest Group on how to arrange your AGM while complying with the social distancing regime now in place in Hong Kong. As the 2020 AGM season gets underway, high...
PRC Individual Income Tax reforms

PRC Individual Income Tax reforms

In this first part of a two-part series, Henry Kwong, Tax Partner, and Matthew Cheung, Tax Manager, Cheng & Cheng Taxation Services Ltd, examine the implications of recent amendments to the PRC Individual Income Tax law and regulations, focusing on the definition...
Careers in Governance – Gillian Meller FCIS FCS

Careers in Governance – Gillian Meller FCIS FCS

What is your role as a governance professional? ‘In my day job, I am MTR Corporation’s Legal & European Business Director with responsibility, on the governance side, for our legal, company secretarial and risk management functions. I am also currently President...
High Court confirms the scope of the SFC’s investigative powers

High Court confirms the scope of the SFC’s investigative powers

Debevoise & Plimpton looks at a recent High Court judgment that dismissed applications for judicial review of search warrants obtained by the Securities and Futures Commission (SFC) and of the SFC’s seizure and retention of digital devices pursuant to the search...
CSj May 2020 (pdf version)

CSj May 2020 (pdf version)

Thought leadership review Click the cover image below to view or download a pdf of the full...
Principle, passion and patience

Principle, passion and patience

CSj gets advice on what it takes to make a career in the not-for-profit sector. Hong Kong has seen a tumultuous few months with an economy in recession, the ongoing social protests and the current COVID-19 outbreak. The impact on the not-for-profit (NFP) sector has...
The road ahead

The road ahead

The winner of The Hong Kong Institute of Chartered Secretaries (HKICS) Prize 2019, Edith Shih FCG(CS, CGP) FCS(CS, CGP)(PE) International President, The Chartered Governance Institute, and former HKICS President, looks at the road ahead for the profession under the...
Convening general meetings: new deregulatory measures

Convening general meetings: new deregulatory measures

The Hong Kong Institute of Chartered Secretaries Regional Board Secretary Panel (RBSP) Roundtable Meeting (RBSP Meeting), held on 16 January 2020 in Hong Kong, focused on new deregulatory changes relating to the notice period for convening general meetings of Mainland...
Don’t panic, stay calm

Don’t panic, stay calm

Gabriela Kennedy, Partner, and Cheng Hau Yeo, Associate, Mayer Brown, offer legal strategies for addressing coronavirus phishing scams in Hong Kong. As COVID-19 spreads around the world, so are phishing scams or the infection of computer systems with malware through...
Is there a place for burden of proof in MMT proceedings?

Is there a place for burden of proof in MMT proceedings?

Barbara Chiu, Partner, and Nichole Hou, Counsel, King & Wood Mallesons, highlight the implications of a Court of Appeal judgment, recently affirmed by the Court of Final Appeal, regarding the burden and standard of proof required in Market Misconduct Tribunal...
CSj April 2020 (pdf version)

CSj April 2020 (pdf version)

Governance with purpose – working for not-for-profits Click the cover image below to view or download a pdf of the full...
Conflicts of interest: your best practice guide

Conflicts of interest: your best practice guide

CSj gets advice on how governance professionals can help companies stay on the right side of Hong Kong’s legal and regulatory regime relevant to conflicts of interest. In November 2019, Hong Kong was treated to an object lesson in how not to go about managing...
The governance stress test

The governance stress test

Katherine Ng, Managing Director, Head of Policy and Secretariat Services, Listing Department, Hong Kong Exchanges and Clearing Ltd (HKEX), discusses the role that good governance plays in ensuring that companies survive and thrive for the long term. Can we start by...
Governance values and the value of governance

Governance values and the value of governance

Tim Lui Tim Leung SBS JP, Chairman of the Securities and Futures Commission, focused his Guest of Honour speech at The Hong Kong Institute of Chartered Secretaries Annual Dinner 2020 on the need for companies to adopt high governance standards to improve their...
Governance in transition

Governance in transition

Governance professionals are at the forefront of the many changes sweeping through the business environment globally and locally. In her speech at The Hong Kong Institute of Chartered Secretaries (the Institute) Annual Dinner 2020, Institute President Gillian Meller...
Transfer pricing and the arm’s length principle –

Transfer pricing and the arm’s length principle –

EY tax and transfer pricing specialists Wilson Cheng, Martin Richter, Kenny Wei and Flora Chan précis the recent regulations on transfer pricing in Hong Kong, explain the required documentation and related exemption criteria, and suggest good practices to ensure...
Reasonable grounds to believe

Reasonable grounds to believe

Peter So, Partner, and Connie Ma, Associate, Deacons, look at a landmark Court of Final Appeal judgment that casts new light on the ‘reasonable grounds to believe’ test for money laundering offences. In the two important Court of Final Appeal (CFA) cases of HKSAR v...
CSj March 2020 (Pdf version)

CSj March 2020 (Pdf version)

Conflicts of interest – your best practice guide Click the cover image below to view or download a pdf of the full...
Is it the right  time for ESOPs?

Is it the right time for ESOPs?

Given the market turbulence in Hong Kong, is the timing right for Employee Share Ownership Plans (ESOPs)? ESOPs were first introduced by Peninsula Newspapers in the US in 1956. Since then, ESOPs have been regarded as one of the classic methods to invigorate businesses...
Bridging troubled waters

Bridging troubled waters

Mark Parsons, Partner, Hogan Lovells, Hong Kong, looks at new proposals for the reform of Hong Kong’s Personal Data (Privacy) Ordinance. On Monday 20 January 2020, the Constitutional and Mainland Affairs Bureau (CMAB), jointly with the Privacy Commissioner for...
Internship goes global

Internship goes global

Last year Rory Herbert (GradCG) from the UK and Kate Yuen from Hong Kong were selected to participate in the London-Hong Kong Intern Exchange 2019. They talk to CSj, along with Edith Shih FCIS FCS(PE), International President, The Chartered Governance Institute, and...
ESG: the turning of the tide?

ESG: the turning of the tide?

Tony Wong, Founder, and Regina Tai, Senior Consultant, Alaya Consulting, discuss the findings of Alaya’s latest annual survey of the environmental, social and governance (ESG) standards of Hong Kong’s listed companies. Seven years after first implementing its ESG...
ESG: a governance perspective

ESG: a governance perspective

With tougher environmental, social and governance (ESG) disclosure requirements on the way for listed companies in Hong Kong, a new joint report by KPMG China, CLP Holdings Ltd (CLP) and The Hong Kong Institute of Chartered Secretaries (the Institute) provides...
Anti–sexual harassment policy – Not just a box to check off

Anti–sexual harassment policy – Not just a box to check off

Ricky Chu Man-kin IDS, Chairperson of Hong Kong’s Equal Opportunities Commission, states the case for proactively implementing corporate anti–sexual harassment policies, not only for the benefit of all personnel as human beings, but also for the company’s bottom line....
Risk and compliance in troubled times

Risk and compliance in troubled times

Colum Bancroft, Managing Director, AlixPartners, argues that companies should prepare for the increasing compliance risks resulting from the ever-changing regulatory environment and economic downturn. Hong Kong’s economy is in recession and is entering a period of...
Stakeholder interests: directors’ views

Stakeholder interests: directors’ views

Andrew Carrick, Vice-President, Customer Success, Diligent, highlights the findings of a new global report assessing directors’ views on stakeholders and society. Recently, more than 180 CEOs in the Business Roundtable amended the association’s Statement on the...
New guidance notes

New guidance notes

CSj highlights the latest additions to the Institute’s guidance note series, providing members with new guidance on non-governmental organisations, anti–bribery and corruption, competition law, and mergers and acquisitions. The Institute’s seven Interest Groups, set...