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Employment Law Firm Hong Kong

People V Powerthe Rule Of Law In Hong Kong

She advises on all types of transactions, including M&A, private equity investments, restructurings and joint ventures, as well as full range of corporate matters, including constitutions, corporate governance, directors’ duties and shareholders’ rights. She also has experience in IPOs, take-privates, bond issues, investment fund formation and other banking and capital market transactions. Many of the deals which she worked on are high-profile and high-dollar-value transactions and have received industry recognition and acclaim. Errol Bong is Global Head of Compliance and Legal Counsel at Noble Group Holdings Ltd covering legal and regulatory issues from America to Asia.

If this happens, the innocent party loses the right to elect to accept the repudiation of the contract. Instead, the repudiation gives the innocent party a right to choose whether or not to bring the contract to an end. In the face of a repudiation, the innocent party may refuse to accept the repudiation and affirm the contract, meaning the innocent party may treat the contract as continuing. However, if the innocent party chooses to accept the repudiation, the acceptance will bring the contract to an end, meaning that the parties to the contract will be discharged from further performance of obligations under the contract.

Marking One Year Of Hong Kongs National Security Law

Sheng co-heads the Family Forum of Goldman Sachs in Hong Kong, and is Chair of Women in Law Hong Kong, a legal umbrella network supporting the growth and development of women in the legal community through mentorship programs, agile working solutions, pro bono opportunities and networking events. Prior to joining Goldman Sachs, Sheng was counsel at O’Melveny & Myers LLP, specializing in US securities laws, capital markets, Turkish resident permit mergers and acquisitions and FCPA investigations across Silicon Valley, Shanghai and Hong Kong. In her current role, Erica is responsible for overseeing all legal matters in Asia, in addition to human resources and administrative matters for the Asia office. She is very supportive of the women empowerment initiatives in Walmart and is a member of the Walmart’s Global President’s Diversity and Inclusion Council.

An estimated 85,000 U.S. citizens live in Hong Kong, while 1.1 million visited or transited in 2019. In 2020, just 81,000 U.S. citizens visited or transited Hong Kong, a decrease attributed to stringent COVID-19 related travel restrictions. Since the imposition of the NSL in June 2020, the PRC increasingly exercised police and security power in Hong Kong, subjecting U.S. citizens who are publicly critical of the PRC to a heightened risk of arrest, detention, expulsion, or prosecution both in Hong Kong and outside its borders.

Hong Kong:

Since the law was imposed, more than 100 arrests have been made, while Hong Kong authorities have used a range of enforcement tools to crack down on pro-democracy movements and activists. Last year’s July 1 was the first full day in effect for a tough National Security Law for Hong Kong imposed by China’s National People’s Congress, after prolonged pro-democracy protests in the city. The CHRF tried but failed to get a permit a year ago; officials cited COVID-19 restrictions.

The Civil Division provides legal advice to the Government on civil law, drafts commercial contracts and franchises and conducts civil litigation, arbitration and mediation on behalf of the Government. The Legal Advisory and Conveyancing Office (LACO, 法律諮詢及田土轉易處) is part of the Lands Department. It provides legal advice primarily to the Lands Administration Office of the Lands Department and other government departments on land related matters and ordinances.

Time For Hong Kong To Get Serious: You Cant Tackle The Climate Crisis And Build Mega

It expressly overrides all local laws that are inconsistent with it, and it effectively amends the earlier Basic Law, although it was adopted without the required amendment procedures. The new law reiterates the Basic Law’s requirement that Hong Kong “respect and protect human rights,” but it provides no reliable mechanism for doing so. A local court would surely be condemned by mainland officials if it dared to declare parts of the new law invalid. The Standing Committee drafted its National Security Law for Hong Kong in June, a year after the protests began. The NPC had directed the committee to apply the law directly, bypassing the local Legislative Council.

• Recent arrests have intensified concerns that Beijing is asserting more control over the city, drawing criticism that it was breaking its promise of Hong Kong maintaining separate civil rights and political systems for 50 years from the handover from Britain in 1997.
• The Sino-British Joint Declaration of 1984 dictated the terms under which Hong Kong was returned to China.
• ‘In the Name of National Security’ details how the law enacted on 30 June 2020 has given the authorities free rein to illegitimately criminalize dissent while stripping away the rights of those it targets.
• The imposition of the National Law on Safeguarding National Security in the HKSAR has been authorized by a National People’s Congress Decision which, in a practical sense, overrides the Basic Law.

Human Rights Council, China’s foreign minister gave China’s preferred spin to the concept. Separately, Taiwan opened an office to process applications for Hong Kongers seeking employment, study, or asylum on the island, a move that will likely further entrench cross-strait tensions. Click here to have Eurasia Review’s newsletter delivered via RSS, as an email newsletter, via mobile or on your personal news page. Taiwan’s government is signaling its status as a regional beacon for democracy and human rights—in contrast to South Korea, which frames assistance to North Korean refugees as helping ethnic brethren.

Chinas Digital Currency And What This Could Mean For Foreign Companies And Financial Institutions In China

An HK NewLaw practice, SimplifyLaw focuses on Hong Kong commercial law advice for the SMEs in Greater China region offering a fixed fee. The United States communicated regularly with the Hong Kong government on issues involving sanctions implementation and multinational and local financial services firms in Hong Kong gained a greater awareness of sanctions-related risks in recent years, leading to increased compliance. Hong Kong-incorporated entities, often front companies whose owners are not located in Hong Kong, are cited in UN Panel of Expert reports on North Korea sanctions. Over time, the Hong Kong government increased its investigations into acts that may implicate UN sanctions within its territory. Several Hong Kong-registered entities were sanctioned by the Department of the Treasury under sanctions authorities related to Iran.

ByteDance has repeatedly distanced itself from the Chinese government and positions itself as a global company. Its leadership has said its data is not stored in China and it would not censor for or provide data to the Chinese government. There’s a backstory here, which is that the core of what will be covered in this law is addressed in Article 23 of the Basic Law, the mini constitution that was adopted to govern Hong Kong after its return to Chinese rule in 1997. Article 23 of the Basic Law says that Hong Kong shall enact legislation to address subversion, secession, sedition, treason, foreign influence, but the law the NPC is discussing is not a Hong Kong law. This is being done by central government, and that raises constitutional questions in Hong Kong.

He says Hong Kong’s greatest strength lies in the city’s freedom and tolerance of differences, but under the new law, it appears that only one voice can live. The government is a major sponsor of the arts, so questions have been raised over the ability of art professionals working at government-run or backed institutions to maintain their professionalism and integrity under the new law. Public museums in Hong Kong include M+, the visual culture museum due to open in West Kowloon Cultural District and the Jockey Club-backed heritage and cultural centre Tai Kwun. British condemnation of the Chinese law has spanned the political divide and seen London’s Asia-focused HSBC group come under political assault for openly backing it last month.

As the June 4 anniversary of the 1989 Tiananmen Massacre approached, the Chinese and Hong Kong governments signaled that the slogan Hong Kong people chant during the annual Victoria Park commemorative vigil, “End One-Party Dictatorship,” could violate the NSL. Responding to media enquiries about the slogan, Hong Kong Chief Executive Carrie Lam said that people “should respect” the Chinese Communist Party. Pro-Beijing politician Elsie Leung openly called on the organizers to remove the slogan from their platform. The LegCo has some lawmaking authority while the District Council is a consultative body that advises the government on local issues. Only half of LegCo’s seats are directly elected, while all District Council seats are elected by universal suffrage. In July 2020, the 47 helped organize or ran as candidates in an informal public opinion poll to coordinate pro-democracy candidates for a Legislative Council election, then scheduled for September.

Following major demonstrations, police have been searching vehicles and hospital rooms for protesters, with one driver arrested on July 2 for possessing “offensive weapons”—a pair of scissors and his asthma drugs. BEIJING – Chinese President Xi Jinping on Tuesday signed into effect a Hong Kong national security law, which has been inserted into the city’s mini constitution, state media reported. Many of last year’s protests in Hong Kong easily meet the definitions of the new national security law.

It is also a diverse community and in addition to connecting with scholars in my field of public law, I learned a lot from scholars of law and literature, legal theory, and empirical legal studies, to name a few. In addition, with funding from the HKU Law Faculty and support from HKU’s Centre for Comparative and Public Law, I and Professor Simon Young led a comparative project on foreign judges on domestic courts. The papers presented at the workshop will be published in The Cambridge Handbook of Foreign Judges on Domestic Courts, co-edited by Professor Young and I. This time encompassed both the Hong Kong protests and the pandemic, but despite these challenges the Fellowship was a dynamic and rewarding experience. Based at the heart of the country’s second largest legal hub, the Law School prides itself on connections to the regional and national legal community and benefits from being located within a thriving professional services sector. Students without a university degree should normally complete HKU SPACE’s Advanced Diploma in Legal Studiesbefore applying for the Graduate Diploma in English and Hong Kong Law.

Police arrest a Hong Kong protester after a Chinese flag was removed from a flagpole at a Hong Kong rally in support of Uyghurs’ human rights, December 22, 2019. The Hong Kong government has never commissioned “an independent, impartial, effective and prompt investigation” into Hong Kong police’s use of force during the 2019 protests, as the UN High Commissioner on Human Rights, Human Rights Watch, and others have advocated. The government claims that the existing police complaints mechanism, in part located within the police department and answerable to the police hierarchy, is adequate. The image on the bottom shows Victoria Park two years later on June 4, 2021, after Beijing imposed the National Security Law. The government banned the vigil citing Covid-19, arrested and detained the lead organizer, cordoned off the park, and stationed thousands of officers throughout the city to prevent protests. The image to the right shows Victoria Park two years later on June 4, 2021, after Beijing imposed the National Security Law.

Hong Kong returned to Chinese rule in 1997 with the promise its wide-ranging freedoms, including freedom of expression, would remain intact. Beijing and Hong Kong authorities have repeatedly denied curbing human rights and freedoms. Mr. Tong’s case is, in some ways, a preview of how the courts may consider a slew of national security cases centering on peaceful protest and free expression that are set to follow. Jimmy Lai, an outspoken government critic and media tycoon, has been charged with colluding with foreign governments. Dozens of opposition politicians, including the pro-democracy activist Joshua Wong, the former journalist Gwyneth Ho and Leung Kwok-hung, better known as Long Hair, have also been charged with subversion for their election campaign, which called for blocking the government’s agenda.

The guide discusses relevant legal principles that inform the most common contractual clauses in Hong Kong. The guide offers practical points to consider in drafting a contract, and sample clauses that may be a useful reference when preparing or reviewing a contract. The guide also addresses Hong Kong principles related to implied terms, privity of contract, and resolution of disputes. As activity into Hong Kong grows, we hope this resource helps to facilitate the agreement process. The law came into force at the end of June last year, giving Chinese central authorities greater power and control over all aspects of life in Hong Kong.

In May 2020, Secretary of State Pompeo reported to Congress that he could no longer certify Hong Kong’s autonomy. President Trump then announced that his administration would begin the process to suspend Hong Kong’s exemptions, including specifically regarding law firm istanbul export controls and extradition. Since the HKSAR was first established in 1997, when China first resumed sovereignty over Hong Kong, the USG has accorded HKSAR with special status, recognizing HKSAR’s separate legal system and autonomy from China.

Additionally, most legal issues have strict deadlines with financial penalties assessed if those deadlines are not met. The goal of this site is to quickly put you in touch with a solicitor who can help you and is near you. Goodwin’s comprehensive Asia practice is focused on Capital Markets, Corporate, Mergers + Acquisitions, Debt Finance, Private Equity, Private Investment Funds, Venture Capital, Life Sciences, Real Estate and TMT (Technology, Media & Telecom) sectors.

Whether the government will exercise this power circumspectly, if at all, and under what circumstances, remains to be seen. If Hong Kong had a government elected by the people, accountable to the people, with safeguards resident permit turkey for fundamental rights and freedoms, a security law would cause less controversy. But the promise to give Hong Kongers universal suffrage—another vow made in the Basic Law—now seems a distant dream.

Though differing from state to state, such measures generally feature significant restrictions on citizens’ personal liberty, freedom of movement, work, family life, education, and ironically even health due to the delay in treating other diseases. Displacing individuals, families, and social networks may very well prove, staying permit turkey in retrospect, to have caused a devastating public mental health crisis. The economic slump, mass unemployment, domestic violence, and other repercussions that ensued on lockdowns that disproportionately hit the less well-off may ramify in more long-run health issues and early deaths than the pandemic itself.