12 December, 2018
Whistleblowing provides an effective early warning system to ensure that fraud does not go undetected. Cynthia Chung, Partner, Deacons, argues that Hong Kong companies need to have corporate whistleblower policies and programmes in place, backed up by a comprehensive...
12 December, 2018
New legislation is expected in the coming year to better protect equality and eliminate discrimination in Hong Kong. Peter Reading, Legal Counsel, Equal Opportunities Commission, highlights this changing compliance environment and looks at the work that still needs to...
12 December, 2018
How successfully companies address the challenges and seize the opportunities of emerging technologies will be a key factor of business success in the years ahead, argues the winning paper in the Institute’s latest Corporate Governance Paper Competition. Companies...
12 December, 2018
Mohan Datwani FCIS FCS(PE), the Institute’s Senior Director and Head of Technical & Research, looks at two recent decisions of the Listing Committee of The Stock Exchange of Hong Kong Ltd that reiterate the importance of full compliance with the law in the...
12 December, 2018
A new report by the Privacy Commissioner for Personal Data highlights the need for advanced data processing activities to follow ethical principles and be fair to all stakeholders. Advanced data processing activities, such as data analytics and artificial...
12 December, 2018
Two additions to the Institute’s Interest Group guidance note series give advice on responding to investigations by regulators and public bodies, and on the complex considerations relevant to buyers and sellers in merger and acquisition transactions. In the three...
12 December, 2018
William Hallatt, Hannah Cassidy and Michael KS Tan, Herbert Smith Freehills, explore the Securities and Futures Commission’s new regulatory framework for virtual assets. The Securities and Futures Commission (SFC) has published a statement (Statement), together with a...
12 December, 2018
Opportunity lost? Whistleblower protection in Hong Kong Click here or on the cover image below to view or download a pdf of the full...
14 November, 2018
Against a backdrop of rising demand in the Mainland for high-quality governance professionals, Kenneth Jiang FCIS FCS(PE), Chief Representative, The Hong Kong Institute of Chartered Secretaries (the Institute) Beijing Representative Office, reviews the work of the...
14 November, 2018
內地市場對高素質公司治理人才需求迫切，香港特許秘書公會（公會）北京代表處首席代表姜國樑FCIS FCS(PE) 回顧公會在內地發展公司治理專業及倡導良好公司治理的工作。 2018年H股公司迎來了在香港上市25週年的重大歷程，25年來公會跟隨內地資本與證券市場的發展脈搏，始終秉承倡導良好的公司治理與董事會秘書專業化發展的理念。在過去一年，公會在國際、內地與香港公司治理環境都發生了重大變革的情況下，砥礪前行，內地專業發展踏上了新的征程，各項工作取得了新的進展。 聯席成員、學員及會員數量持續增長...
14 November, 2018
2017年4月，重慶鋼鐵股份有限公司面臨退市及破產，但在短短一年間扭轉局面。重慶鋼鐵董事會秘書虞紅分享這個國企成功重整的體會和心得。...
14 November, 2018
In April 2017, Chongqing Iron & Steel Company Ltd (CISC) was facing delisting and bankruptcy, but within a year the company had turned its fortunes around. Yu Hong, Board Secretary, CISC, looks at the lessons to be learned from this dramatic rescue of a Chinese...
14 November, 2018
今期，本刊訪問了兩位內地知名企業的董事會秘書(董秘)，了解他們出任公司董秘的收穫和挑戰以及成為公會會員的優勢。 新疆金風科技股份有限公司副總裁兼董事會秘書及公司秘書馬金儒女士，以及中國石油化工股份有限公司（中國石化）副總裁兼董事會秘書黃文生先生，是公會資深會士，他們的豐富經驗，有助於公會其他會員了解內地企業董秘的職責，特別是董秘在國有企業董事會所扮演的角色。...
14 November, 2018
CSj talks to two senior Chartered Secretaries working for Mainland-based enterprises about the rewards and challenges of their roles, and the benefits of membership of the Institute. Ma Jinru FCIS FCS, Deputy General Manager and Board Secretary, Xinjiang Goldwind...
14 November, 2018
Environmental, social and governance (ESG) reporting is a long-term undertaking that brings significant benefits to companies. Dr Glenn Frommer and Theodora Thunder, Principals, The Sustainability Partnership, outline the groundwork necessary to put in place an...
14 November, 2018
Stefano Mariani, Counsel, Deacons, highlights the compliance implications of Hong Kong’s new transfer pricing regime for enterprises operating in, or through, Hong Kong. The Inland Revenue (Amendment) (No 6) Ordinance 2018 came into force in July 2018. This is perhaps...
14 November, 2018
New technological tools, including machine learning, can increase the efficiency of cross-border investigations into malpractice, but Colum Bancroft, Managing Director, and Edward Boyle, Senior Vice-President, AlixPartners, highlight the need for appropriate data...
14 November, 2018
Mainland China update – Taking governance to the next level Click here or on the cover image below to view or download a pdf of the full...
16 October, 2018
The Institute’s latest Corporate Governance Conference, held at the JW Marriott Hong Kong on 14 September 2018, explored the need for a new governance model for a changed world. ‘Nothing,’ as the Keynote Speaker at the Institute’s latest Corporate Governance...
16 October, 2018
The Institute’s latest Corporate Governance Conference highlighted the ways in which governance professionals can help future-proof the organisations they work for. The first part of our CGC 2018 review looked at how the context within which businesses operate has...
16 October, 2018
David Simmonds FCIS FCS, Group General Counsel, Chief Administrative Officer & Company Secretary, CLP Holdings Ltd, looks at the role of governance and governance professionals in keeping business sustainable in the uncertain future. Could we start with some...
16 October, 2018
Tony Wong, Founder, and Regina Tai, Consultant, Alaya Consulting, present the results of their latest annual research report on the ESG disclosure practices of Hong Kong listed companies. Fund investments in companies with improving performance on environmental,...
16 October, 2018
The Companies Registry responds to queries raised by members of The Hong Kong Institute of Chartered Secretaries relating to the extent of due diligence required for compliance with Hong Kong’s new anti-money laundering and counter-financing of terrorism (AML/CFT)...
16 October, 2018
Pioneers of change – CGC 2018 special edition Click here or on the cover image below to view or download a pdf of the full...
11 September, 2018
Few Hong Kong companies have aligned their business strategy with the UN Sustainable Development Goals (SDGs). Pat Dwyer, Founder and Director, The Purpose Business, looks at how companies can overcome some of the constraints impeding businesses from unlocking the...
11 September, 2018
In the second and final part of their article on climate-related risk, Dr Glenn Frommer and Theodora Thunder, Principals, The Sustainability Partnership, introduce and examine the role and value of scenario analysis in identifying, assessing and quantifying the risks...
11 September, 2018
Edith Shih FCIS FCS(PE), former President of The Hong Kong Institute of Chartered Secretaries, was elected International President of The Institute of Chartered Secretaries and Administrators in July this year. She talks to CSj about her aspirations in this new role....
11 September, 2018
Richard Leung JP, Barrister-at-Law, and Tommy Cheung, Barrister-at-Law, Des Voeux Chambers, give a brief introduction to Hong Kong’s Competition Ordinance and assess what approach the courts in Hong Kong have taken so far in this largely uncharted area of law. Hong...
11 September, 2018
Sara SM Or, Partner, Mayer Brown, reviews the revised guidelines issued by the Hong Kong Monetary Authority on the authorisation of virtual banks. On 30 May 2018, the Hong Kong Monetary Authority (HKMA) issued a revised Guideline on Authorisation of Virtual Banks (the...
11 September, 2018
The latest guidance note produced by the Institute’s Competition Law Interest Group focuses on how employment practices need to adapt to Hong Kong’s emerging competition regime. Hong Kong’s competition regime is still in its formative stage. The...
11 September, 2018
The case for change – adapting to changing landscape Click here or on the cover image below to view or download a pdf of the full...
14 August, 2018
The message from investors on environmental, social and governance (ESG) disclosure is clear and unambiguous, Sally J Curley, CEO, Curley Global IR, writes. Treating this as a public relations exercise and producing a ‘fluff’ CSR report raises red flags for investors....
14 August, 2018
The Global Reporting Initiative Sustainability Reporting Standards replaced the GRI’s G4 reporting framework on 1 July 2018. Vicky Lee and Carissa Pobre, Sustainability Advisers, The Purpose Business, give some tips on how to raise your game when it comes to ESG...
14 August, 2018
In a two-part series, Dr Glenn Frommer and Theodora Thunder, Principals, The Sustainability Partnership, look at guidance from the Task Force on Climate-related Financial Disclosures on how companies can address one of the toughest challenges of ESG disclosure –...
14 August, 2018
CSj previews the Institute’s upcoming biennial Corporate Governance Conference, to be held on Friday 14 September 2018 at the JW Marriott Hotel in Hong Kong. Next month, the 11th in the Institute’s series of biennial corporate governance conferences (CGCs) gets...
14 August, 2018
Philip Monaghan, Partner; Scott Schaeffer, Counsel; and Charles Paillard, Associate; O’Melveny, discuss the implications of a recent decision by the Hong Kong Competition Tribunal which clarifies respondent discovery rights in enforcement actions brought by the...
14 August, 2018
With key parts of the Competition Ordinance uninterpreted in Hong Kong, Peter Westerlind Wigstrom, Registered Foreign Lawyer, Deacons, looks at overseas competition cases to guide businesses and individuals on the likely extent of their liability under the law. The...
14 August, 2018
What makes a good ESG report? Click here or on the cover image below to view or download a pdf of the full...
12 July, 2018
Regulators attending the Institute’s latest Annual Corporate and Regulatory Update, held last month at the Hong Kong Convention and Exhibition Centre, confirmed that listed company governance will remain the top priority for their enforcement and educational work in...
12 July, 2018
Regulation imposes costs and restrictions and may often seem to get in the way of business, but the Institute’s latest Annual Corporate and Regulatory Update highlighted the fact that all market participants profit from a well-regulated market. This year’s...
12 July, 2018
With INEDs playing an increasingly important role in ensuring effective corporate governance, Carlson Tong SBS JP, Chairman, Securities and Futures Commission, warns that they can also expect to bear more legal responsibility when things go wrong. Some recent...
12 July, 2018
If Hong Kong companies plan to diversify their boards, they will need to restructure more than their recruitment processes, argues Rebecca Walker Chan, Project Manager, CSR Asia. Exacerbated by uneven gender ratios and antiquated social norms, opportunities for women...
12 July, 2018
Eric Sohn, CAMS, Director of Business Product, Dow Jones Risk & Compliance, New York, US, looks at the potential impacts on firms involved in international trade with Iran as a result of the proposed reimposition of secondary sanctions on dealings in various...
12 July, 2018
The latest guidance note produced by the Institute’s Public Governance Interest Group explores the concept of the social enterprise. The guidance notes produced by the Institute’s Public Governance Interest Group (PGIG) have explored the many different legal...
12 July, 2018
Mei Yong, Business Development Executive, Law In Order, gives an overview of managing internal investigations using eDiscovery. Company secretaries are often the first to be called on to manage an internal investigation. How can you effectively plan for and manage...
12 July, 2018
Who needs rules? ACRU 2018 review Click here or on the cover image below to view or download a pdf of the full...
13 June, 2018
Against a background of falling attendance at annual general meetings (AGMs) globally, Claire Corney, Senior Managing Director – Regulatory & Market Initiatives, Global Capital Markets, Computershare, looks at how technological developments can get the AGM back...
13 June, 2018
In a follow-up to her November 2017 article in this journal on the role company secretaries can play in addressing climate risk, Maya de Souza, Senior Manager – Policy Research, Business Environment Council Ltd, looks at a powerful driver for better climate risk...
13 June, 2018
James Lau JP, Secretary for Financial Services and the Treasury, the Government of the HKSAR, reviews the arrangements under Hong Kong’s new listing regime for companies to list with a weighted voting rights structure on the main board of the Stock Exchange of...
13 June, 2018
This article looks at the experience of three jurisdictions with different board structures to assess what influence board structure has on governance outcomes. While global business is becoming increasingly intertwined, due to historical and cultural reasons the...
13 June, 2018
Herbert Smith Freehills LLP reviews the Hong Kong Stock Exchange’s new regulatory framework for capital raisings by listed companies. Hong Kong’s listing rules are to be amended from Tuesday 3 July 2018 to enhance the regulatory framework for capital...
13 June, 2018
The Companies Registry responds to a number of questions raised by members of the Institute regarding Hong Kong’s new trust and company service providers licensing regime. On 1 March 2018, the Anti–Money Laundering and Counter–Terrorist Financing Ordinance...
13 June, 2018
Rethinking the AGM – How technology can help Click here or on the cover image below to view or download a pdf of the full...
14 May, 2018
From 1 March 2018, The Companies (Amendment) Ordinance has introduced a new requirement for Hong Kong private companies to create and retain a verified significant controllers register (SCR). This article presents the Companies Registry’s responses to a number of...
14 May, 2018
International competition law expert Suzanne Rab talks to CSj about the challenges facing Hong Kong’s fledgling competition regime. Could we start by discussing why Hong Kong’s new competition regime is necessary – what are the benefits for Hong Kong? ‘Economic theory...
14 May, 2018
Brent Snyder, Chief Executive Officer, Competition Commission, discusses the enforcement priorities of the Commission and how Hong Kong’s competition regime needs to evolve in the future. You previously worked in anti-trust enforcement for the US Department of...
14 May, 2018
As we approach the 10-year anniversary of the UK’s Stewardship Code, Dr Dionysia Katelouzou, Lecturer in Law at King’s College London, asks whether institutional shareholders are part of the problem or part of the solution towards more sustainable...
14 May, 2018
Tony Wong, Founder, and Regina Tai,Consultant, Alaya Consulting, discuss the why and the how of aligning your sustainability strategy with the UN Sustainable Development Goals. Developed by the United Nations (UN) in 2015, the Sustainable Development Goals (SDGs)...
14 May, 2018
Nanda Lau, Karen Ip and Patrick Han, Herbert Smith Freehills LLP, summarise the key institutional changes proposed in China’s government restructure plan, and provide observations on how these changes are likely to impact foreign investors and multinationals doing...
14 May, 2018
Creating a culture of competition Click here or on the cover image below to view or download a pdf of the full...
12 April, 2018
A new report published by the Institute investigates the shareholder communications practices of listed companies in Hong Kong, Indonesia, Malaysia, Singapore and Thailand. The Institute launched a research project two years ago to assess the importance given to...
12 April, 2018
The winner of the HKICS Prize 2017, Natalia Seng FCIS FCS(PE), Chief Executive Officer – China and Hong Kong, Tricor Group/Tricor Services Ltd, and Institute Past President, shares her thoughts on the art of governance and the future of the company secretary role....
12 April, 2018
Dr Glenn Frommer and Theodora Thunder, Principals, The Sustainability Partnership, offer advice to governance professionals on how to understand the drivers and processes used to manage ESG risk. Such an understanding is vital when it comes to successfully reporting...
12 April, 2018
Alan Linning, Susanne Harris and Sara Or, Partners at Mayer Brown JSM, assess the latest guidance from the Securities and Futures Commission on the benefits of co-operating in its investigation and enforcement proceedings. On 12 December 2017, the Securities and...
12 April, 2018
In July 2016, the Institute set up seven Interest Groups under the Technical Consultation Panel to produce guidance notes on key topics in governance and company secretarial practice. CSj reviews the latest additions to this series. Since its launch in 2016, the...
12 April, 2018
Windson Li, Partner, and Shan Yu, Tax Consultant, DLA Piper, look at the key features of Hong Kong’s first comprehensive legislation designed to tackle transfer pricing and base erosion and profit shifting. The Hong Kong government gazetted an unprecedented tax...
12 April, 2018
CSj reviews the key points in the Stock Exchange of Hong Kong consultation paper proposing new rules to expand Hong Kong’s listing regime to facilitate listings of companies from emerging and innovative sectors. The Stock Exchange of Hong Kong Ltd (the Exchange), a...
12 April, 2018
Shareholder communications – The view from SouthEast Asia Click here or on the cover image below to view or download a pdf of the full edition....
14 March, 2018
Building and executing a cybersecurity strategy rooted in identity and data access governance, argues Harry Wang, Senior Manager, PricewaterhouseCoopers Consulting, will help companies devise effective means to protect data, detect threats and ultimately reduce the...
14 March, 2018
David Venus FCIS, International President, The Institute of Chartered Secretaries and Administrators (ICSA), discusses how the ICSA and the profession globally is re-aligning itself to reflect the new focus of the corporate secretary role on governance and strategy. ...
14 March, 2018
Sexual harassment in the workplace is not harmless play but an offensive and unlawful act. Mohan Datwani FCIS FCS(PE), Senior Director and Head of Technical & Research of the Institute, and Member, Equal Opportunities Commission, highlights the need for...
14 March, 2018
Dr Glenn Frommer and Theodora Thunder, Principals, The Sustainability Partnership, offer advice on how governance can play a central role in shaping organisational sustainability. Using current corporate governance practices, we build supervisory systems that ensure...
14 March, 2018
Heightened expectations and liabilities for directors and senior executives working for companies in Hong Kong and Mainland China was the focus of the Institute’s latest Company Secretary/Board Secretary Roundtable meeting. The Institute holds five Company...
14 March, 2018
Company secretaries and governance professionals play an important role in maintaining best practice in anti–money laundering and counter-terrorist financing (AML/CFT) compliance. Mohan Datwani FCIS FCS(PE), Senior Director and Head of Technical & Research of the...
14 March, 2018
Data Security – A governance-based approach Click here or on the cover image below to view or download a pdf of the full...
26 February, 2018
The Institute’s Chartered Secretaries Preview Day is running its second year. Whilst priority will be given to undergraduates in Hong Kong to participate in this event, the Institute is inviting its registered students to join and meet with industry experts for...
14 February, 2018
Chadi Hantouche, Head of Cybersecurity and Digital Trust Asia-Pacific, Wavestone, offers advice on how to prioritise compliance objectives in the run-up to the implementation of the EU’s new General Data Protection Regulation, which becomes effective in May this year....
14 February, 2018
In the emerging data privacy landscape in Hong Kong, Stephen Kai-yi Wong, Privacy Commissioner for Personal Data, argues that a consideration of ethics is just as important as adherence to the law. Thanks for giving us this interview. The landscape for data privacy in...
14 February, 2018
In a follow-up to their cover story last month on the Securities and Futures Commission’s new ‘front-loaded’ approach to regulation, Timothy Loh, Managing Partner; and Greg Heaton, Senior Consultant; Timothy Loh LLP, look at what this new regulatory...
14 February, 2018
Christine Chow, Director – Engagement, Hermes Investment Management, looks at applications of blockchain technology for responsible supply chain management. Following the launch of Bitcoin futures on 10 December 2017, it seems an opportune time to look into the...
14 February, 2018
Alexander Tang, Senior Associate, Stephenson Harwood, looks at recent developments in cross-border insolvency law adopted by the Hong Kong judiciary to overcome the deficiencies in our outdated insolvency legislation. There are an increasing number of cross-border...
14 February, 2018
The usual mechanism for the removal of a director or an auditor is by ordinary resolution of members at a general meeting. Dr Davy Wu, Senior Lecturer, Hong Kong Baptist University, looks at whether the board of directors can do the same without a resolution by...
14 February, 2018
Privacy compliance – A marathon not a sprint Click here or on the cover image below to view or download a pdf of the full...
16 January, 2018
Timothy Loh, Managing Partner; and Greg Heaton, Senior Consultant; Timothy Loh LLP, argue that the new front-loaded regulation adopted by the Securities and Futures Commission (SFC) signals an increasing level of oversight and intervention by the SFC in the regulation...
16 January, 2018
Low Chee Keong FCIS FCS, Associate Professor in Corporate Law, CUHK Business School, provides a concise overview of three inter-related questions, namely, what is corporate governance, why is it important and where may it go from here. Academic research suggests that...
16 January, 2018
Board evaluations have become an established part of board governance best practice around the world, but John Dinner, President, John T Dinner Board Governance Services, argues their ultimate value for organisations can be increased if an outcomes-based approach to...
16 January, 2018
Two new sets of anti-money laundering and counter-financing of terrorism (AML/CFT) legislation are due to be enacted in Hong Kong by 1 March 2018. Mohan Datwani FCIS FCS(PE), Senior Director and Head of Technical & Research, The Hong Kong Institute of Chartered...
16 January, 2018
Tax ethics are once again in the public spotlight in the wake of the Paradise Papers revelations. Kelly Cooper, Project Manager, CSR Asia, makes the case for companies to create value both for themselves and the communities within which they operate by responsible and...
16 January, 2018
Bryane Michael, Senior Fellow, Asian Institute for International Financial Law (AIIFL), Faculty of Law, The University of Hong Kong, looks at the implications for corporate service providers (CSPs) of the tougher regulatory requirements imposed on CSPs in the post...
16 January, 2018
Listing regulation – New proposals for Hong Kong Click here or on the cover image below to view or download a pdf of the full...
