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Legal CommitteeCommittee Activities

 

Employment (Amendment) Ordinance 2022 in the Wake of Covid-19

Hong Kong’s Employment Ordinance was recently updated to address issues arising from the Government’s Covid-19 prevention measures.

At a webinar on 28 July, Michael Szeto, Partner at ONC Lawyers, detailed the key developments arising from the legislative amendments. For example, employers now have the right to dismiss an employee for refusing to be vaccinated in the absence of a medical waiver. He also touched on the practical implications of the new law for employers and employees, including whether employers can require employees to conduct tests or be vaccinated, whether employers can dismiss unvaccinated employees and whether employees can insist on working from home.

2022/07/28

Decoding China's Personal Information Protection Law

China’s Personal Information Protection Law (PIPL) took effect in November 2021. The new rules go hand-in-hand with the country’s existing Cybersecurity Law and Data Security Law to form China’s new data protection legal framework. The new law marks a significant attempt by the authorities to balance data protection and technological advancement in the digital age, in which data has become a valuable commodity.

At a webinar on 17 February, Alexander May, Data Privacy Practice Leader (Hong Kong, Corporate) from Hill Dickinson, shared the key principles underpinning the PIPL as well as the differences between the PIPL and other data privacy laws, such as the European Union’s General Data Protection Regulation (GDPR). He also discussed key data compliance issues related to the law, including the rights of data subjects, obligations of personal information processors, data-breach notification obligations and cross-border data transfers.

2022/02/17
A better understanding of the Contracts for the International Sale of Goods (CISG)

CISG in Hong Kong – What it Means for Businesses (English)

The Chamber hosted two briefings on Contracts for the International Sale of Goods (CISG) to provide participants with a better understanding of the legal implications arising from the implementation of the uniform framework for international commerce, which will come into force in Hong Kong in around the third quarter of 2022.

 At the English session held on 26 January, a panel of legal experts comprising Peter Wong, Deputy Law Officer (Treaties & Law), Department of Justice of the Government of the HKSAR; Prof. Dr. Ulrich G. Schroeter, Professor of Law, University of Basel; and Ronald Sum, Partner in Hong Kong Office & Head of Dispute Resolution in Asia, Addleshaw Goddard (Hong Kong) LLP, discussed the key features of CISG, and salient differences from the existing Hong Kong legal regime in such aspects as the obligations of and remedies by buying and selling parties. The speakers also discussed the key issues that should be taken into account of in the drafting of contracts when consideration is given whether or not to adopt CISG. A Chinese session was held on 19 January involving the same speakers with Mr Eric Ng speaking in place of Prof. Schroeter.

 Secretary for Justice Teresa Cheng gave pre-recorded welcome remarks at both sessions.

 The event was co-organised by the Chamber and the Department of Justice. 

2022/01/26
CISG in Hong Kong – What it Means for Businesses

CISG in Hong Kong – What it Means for Businesses (Cantonese)

New rules on global goods sales are expected to take effect in Hong Kong in around the third quarter of 2022. These will introduce the United Nations Convention on Contracts for the International Sale of Goods – known as CISG -- to the city, which aims to provide a modern, uniform and fair contractual regime for the cross-border sale of goods and promote international trade. 

More than 200 people attended a webinar on 19 January, where a panel of speakers shared their views on the expected changes that CSIG will bring to the Hong Kong business environment, and how businesses can best prepare. Following an opening speech delivered by the Secretary of Justice Teresa Cheng, Peter Wong, Deputy Law Officer (Treaties & Law), Department of Justice of the Government of the HKSAR; Eric Ng, Managing Counsel, Hong Kong International Arbitration Centre; and Ronald Sum, Partner in Hong Kong Office & Head of Dispute Resolution in Asia, Addleshaw Goddard (Hong Kong) LLP, discussed the key features of CISG, and its differences with the existing Hong Kong legal regime. These include the adoption of a pro-seller approach upon contractual breach and the imposition of a high threshold to establish a “fundamental breach.” The speakers also touched on the impact of the CISG on cross-border trade practices and shared some practical tips for businesses in areas including contract formation and the opt-out mechanism. 

This event was co-organised by the Chamber and the Department of Justice.
 

2022/01/19
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