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The Law Society Of Hong Kong

And there is also research showing that common law countries tend to be more responsive to investors’ interests. Hence, in Hong Kong’s new pitch book to the global financial industry, it emphasises the city’s “common law system familiar to international investors”. The colonial-era drafters of Hong Kong’s current law excluded the mainland from extradition because its courts could not be trusted to deliver impartial justice. With the threat of extradition, anyone in Hong Kong becomes subject to the vagaries of the Chinese legal system, in which the rule of law ranks below the rule of the party.

The decision applied to the four sitting LegCo members earlier disqualified by the Hong Kong government from running for reelection. The Hong Kong government then announced those four members were immediately disqualified for the remainder of the current LegCo session. Critically, the loss of the four pan-democratic seats gave the pro-Beijing bloc a supermajority in the LegCo, effectively removing the last formal pan-democratic check on legislation. As a result of these and earlier resignations and disqualifications, as of January, 27 of the 70 seats in the LegCo are vacant, including 20 of the 40 directly elected seats. The NSL requires all Hong Kong residents who stand for election or assume public office to take an oath to uphold the Basic Law and swear allegiance to Hong Kong. In December 2020, government officials began to require all Hong Kong civil servants to take these oaths.

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Our work is governed by a Code of Ethicsand we publish anAnnual ReportandTransparency Reportevery year. Meanwhile the government expects the number of six-year-olds in Hong Kong to drop consistently over the next eight years as the city sees a “structural drop” in the birth rate, in additional to a wave of emigration. The bureau is also drawing up a new, “clearer” code of conduct for teachers, based on lessons learned from over 200 complaints against educators in the wake of the 2019 anti-extradition bill protests, Yeung said.

HongKong lawyer

It can also take time to agree upon the terms of the escrow itself and this should be factored in once it has been decided to use an escrow service to avoid post-completion delays. Bear in mind that escrow terms that are established too early might need to be modified once the underlying transaction documentation is finalised. Funds in escrow also provide the seller with assurance that a potential purchaser has the financial means. This can save on save transaction time and costs by discouraging frivolous parties. Escrow can also be used in a transaction as a ‘retention’ or hold-back of part of the purchase price for a warranty period, during which the buyer can confirm that the representations and warranties made by the seller in the sale documents are true and correct.

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The unrest began last summer, when a now-withdrawn bill that would have allowed extradition to mainland China plunged the city into chaos. The campaign has since blossomed into a larger pro-democracy, anti-police and anti-authoritarian movement that has resulted in escalating violence. But with the quasi-independence afforded by “one country, two systems”, Hong Kong was integrated into the global Internet. Global technology companies were able to operate close to China without being subject to the country’s laws. The view from Beijing is whether it’s Hong Kong, COVID, Xinjiang, Tibet, jailing human rights lawyers … at some point, there’s a volume discount on acts that prompt foreign criticism.

HongKong lawyer

The material submitted will only be disclosed to the above; if there is any information that is strictly confidential, please mark clearly on the nomination form. Though we do our best to maintain the security of the information you provide, any information you transmit to us is done at your own risk and Thomson Reuters is not responsible for any unauthorized transmission of information. These prestigious awards will pay tribute to the outstanding performance of private practitioners and in-house teams from Hong Kong and the region. Nominations will open in May, and we will accept submissions in the form of self-nominations and third-party nominations. In Tuesday’s ruling, the judges said legal principles including the right to a fair trial, the presumption of innocence, and the burden of proof applied in the case as much as any other.

What’s The Public Opinion?

Even Eun Sung-soo, chairman of South Korea’s Financial Services Commission, found it hard to be enthusiastic. At a public event on July 16, he cited high corporate and income tax rates, lack of flexibility in labor markets and transparency in financial regulations as obstacles for South Korea becoming a major financial center in the region. “From the perspective of macroeconomic management, the government’s capacity to change its tax or employment rules just for the purpose of advancing its financial hub policy will be limited,” he said. Today, the former British colony is trapped in an escalating conflict between Washington and Beijing that threatens its position as Asia’s premier international business center. How forcefully China implements the security law will have huge consequences for the city, which hosts 163 licensed banks and 2,135 asset managers.

HongKong lawyer

As more and more innovative companies and investors seek out Goodwin’s unique platform at the intersection of capital and innovation, our presence in Hong Kong continues to be at heart of our global offering. The Hong Kong-based artist Elizabeth Briel, who runs an artist residency and project space called Creative Kowloon, says she intends to maintain a permanent presence in the city despite the passing of the law. She says that over the six years she lived in the city, she witnessed an explosion of creativity, and the building of arts and cultural infrastructure has also made the city exciting.

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Female employees are entitled to 10 weeks’ paid maternity leave, and male employees are entitled to five days’ paid paternity leave if certain eligibility criteria are met, including being a continuous employee. However, a continuous employee is entitled to statutory holidays, statutory annual leave and at least one rest day every seven days. In Hong Kong, employment contracts can be for an open term—that is, permanent—or a fixed term. If the period is not specified in the contract, it will be deemed to be a contract for one month, renewable from month to month once the employee has worked for at least 18 hours per week for a continuous period of four weeks. The principal statute regulating the work relationship is the Employment Ordinance. Many benefits and protections under the ordinance are available only to “continuous employees”—workers who are employed under a continuous contract.

This time can act as a buffer to ensure that any undisclosed liabilities come to the fore during the process of annual audits, tax filings, licensing applications or legal proceedings etc. Escrow mitigates against the risk of a party not supplying funding and affecting a set timeframe for the release of funds. Escrow is therefore a useful tool that provides security and comfort to both contracting parties in a transaction and can be used in relation to virtually any contract involving the transfer of money or property. It is a preferred way to mitigate risks against the non-performance of an obligation by your counterparty. More simply put, an escrow account is a bank account with defined conditions for the release of funds. Etymologically, the word derives from the French word escroue, which refers to a scrap or roll of parchment that served as a written instrument that could be delivered to a third person until a future condition was satisfied.

China has introduced sweeping political reforms in Hong Kong that give it more control over the city’s legislature. It says that’ll make decision-making more efficient and that there’ll still be room for a variety of political views. The amendment of the bill is by no means going to restrict any freedom of traveling of Hong Kong people. People who raise that sort of doubt, I think there may be an idea of scaremongering behind.

HONG KONG – The Danish artist behind a Hong Kong sculpture mourning those killed in Tiananmen Square has instructed a lawyer to secure his work and bring it overseas after the city’s flagship university ordered its sudden removal. Kopico is your leading source of news about the Korean Peninsula, Korean society, business, politics, technology, culture, and entertainment. The Hong Kong Bar Association called on the city’s government to reveal details of the bill on Friday and warned that its enforcement in Hong Kong risked a system of conflicting parallel legal standards dominated by Beijing. According to the BBC, the university’s decision was “based on the latest risk assessment and legal advice.” The school did not elaborate on its explanation, including whether or not the Chinese Communist Party may have pressured their decision. Individuals critical of the Chinese government believe that the new screening process will end democracy in Hong Kong by allowing Beijing to handpick candidates for office. The new electoral system was supported by an overwhelming majority of Hong Kong’s political body, with 40 votes in favor and only two dissenters, ensuring it passed into law and will be adopted by the city.

Hong Kong will continue to manage most of its local affairs, from taxation to common crime. But Beijing is poised to wield an increasingly heavier hand when it comes to dissent and any possible challenges to its ultimate control of Hong Kong. China’s ruling Communist Party sees stability as vital to maintaining its grip on the country, including the territories of Hong Kong and nearby Macao. The other is the bypassing of Hong Kong’s legislature by crafting and approving the laws in Beijing. Please note that the inclusion of banks and legal advisors in the transactions essentially reflects the information provided by nominating organizations. Therefore, any omission of a party involved in any of these transactions should not be taken as a commentary on the role assumed by that party.

The amount of any contractual gratuity based on length of service and the part of a retirement scheme payment that is attributed to the employer’s contributions can be deducted from the amount of severance payment entitlement if these have been paid to the employee. law firm istanbul Salaries tax is charged on every person in respect of his or her income arising in or derived from Hong Kong from any office or employment of profit and any pension. Income is deemed to include all wages, salary, leave pay, perquisites, bonuses and allowances.

HongKong lawyer

In July 2020, Chief Executive Carrie Lam, with the support of the PRC, postponed the September 2020 LegCo election for at least one year. Lam cited COVID-19 concerns in her decision, despite significantly fewer per capita cases of COVID-19 than in other nations and cities that have conducted elections safely during the pandemic. Opposition politicians and democracy advocates maintained the Hong Kong government’s actual motive was to avoid defeat in the elections. Opposition pan-democratic candidates won more than 70 percent of seats in the most recent District Council elections in November 2019. At the writing of this report, the government has not announced dates for new elections.

Legal experts say the reason for the controversy is that, just like the national security law, the terms of the legislation are too vague. Mike Kung is Executive Director and Senior Counsel in the Legal Division of Goldman Sachs. Prior to joining Goldman Sachs, Mike worked in private practice as a corporate lawyer at international law firms, including Skadden, Arps, Slate, Meagher & Flom and Shearman & Sterling. He was the first person to be charged under Hong Kong’s controversial national security law. Beyond navigating legal and regulatory risks, we are also about tracking and identifying challenges and prospects for new frontiers for our clients as business or regulatory landscape develops and changes. In Hong Kong, this means closely following and connected with the rapid growth, development and internationalisation of China and Chinese corporations and institutions, as these rapidly evolve and present new opportunities and business landscape in Hong Kong and the broader Asia region.

HongKong lawyer

When the Hong Kong protests started last year, the Ministry of Economy and Finance surveyed international finance offices to gauge their willingness to relocate to Seoul. The responses they received were so negative that the ministry gave up any efforts to attract companies, according to the JoongAng Ilbo, a pro-business, center-right newspaper, quoting anonymous government Turkish staying permit officials. A big deterrent was South Korea’s weekly work hour limit of 52 hours, implemented in 2018. In response, the U.S. withdrew the city’s special status, originally granted in 1984, announcing it would henceforth be treated as any other mainland region. Washington said it would further penalize officials who erode Hong Kong’s autonomy, subjecting them to sanctions.

The new security law requires the territory to enforce measures that will be decided by a top committee of the NPC. Chinese Premier Li Keqiang defended the law as being in line with mainland China’s promises. The law also likely erases whatever hope was left for Taiwan embracing a return to China under the “one country, two systems” arrangement that supposedly protected Hong Kong’s autonomy under Chinese rule.

All our consultants are fully bilingual in English and Chinese, including Mandarin and Cantonese. They have practised extensively in Hong Kong and other jurisdictions and worked in senior legal positions with various renowned listed entities in Hong Kong. In the course of your business, you will often need to make large money transactions with other businesses, your customers, and even banks. In such cases, there are some legal formalities that you must complete in order to be protected on papers. I do a great deal of interfaith and community work in the vibrant and rich cultural life of Hong Kong. It’s taken a long time, but I feel I have my old self back, with a bit of added insight and wisdom.

  • An employer cannot prevent its employees from exercising their right to do so and cannot discriminate against an employee based on his or her involvement in a trade union.
  • Meanwhile, China appointed party official Zheng Yanxiong to head the office set up by the legislation that extends powers to mainland security agents to operate in Hong Kong.
  • However, with the political distance between Hong Kong and the mainland disappearing, some Hong Kong businesses see fewer reasons not to move to the mainland.
  • China has since followed through on its threat to impose national security legislation on Hong Kong.
  • Employment contracts are such an example and the reason for this is that the employment law has its own particularities compared to the common law.
  • He says he has no regrets about his long history of human rights campaigning, from opposing the Vietnam War to calling for democracy in Hong Kong.

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