22 December, 2019
In October this year, Edith Shih FCIS FCS(PE), International President, The Chartered Governance Institute, delivered the opening address of Governance New Zealand’s National Governance Conference. In this article, based on her speech, she looks at emerging trends in...
22 December, 2019
Pat Nie Woo, Partner, Business Reporting and Sustainability, KPMG China, argues that making improved environmental, social and governance (ESG) performance an economic necessity will be our path to a more sustainable future. With United Nations reports containing...
22 December, 2019
A cocktail reception to celebrate 70 years of The Chartered Governance Institute and 25 years of The Hong Kong Institute of Chartered Secretaries in Hong Kong had to be cancelled last month. The three speakers lined up for the event share their reflections with this...
22 December, 2019
Connie HY Lee and Tommy Cheung, Barristers-at-Law, Des Voeux Chambers, consider the implications of Hong Kong’s first two competition law enforcement actions, with a focus on the attribution of liability. Overview of the competition law regime Hong Kong joined over...
22 December, 2019
Colum Bancroft, Managing Director, AlixPartners, looks at the risks and compliance issues arising from market conditions resulting from the current US-China trade war. The US-China trade war has caught the world’s attention in recent months, and even more so recently...
22 December, 2019
Gabriela Kennedy, Partner, and Karen HF Lee, Counsel, Mayer Brown, discuss the implications of new draft measures that relate to China’s Cybersecurity Law, and the resultant stricter regulations and requirements, notably regarding cross-border transfers of personal...
22 December, 2019
Susan Lo FCIS FCS(PE), Executive Director of Corporate Services, Tricor Services Ltd, reviews the interpretation of a charitable organisation in Hong Kong, and explains the benefits and stipulations of forming a company limited by guarantee for charity purposes....
22 December, 2019
Henry Kwong, Tax Partner, and Matthew Cheung, Tax Manager, Cheng & Cheng Taxation Services Ltd, guide us through the process of obtaining a Certificate of Resident Status in Hong Kong, a prerequisite for eligibility to claim tax benefits under a Double Taxation...
22 December, 2019
Global governance – Emerging trends Click here or on the cover image below to view or download a pdf of the full...
22 November, 2019
At a time of great change for the profession and for wider society in Hong Kong and the Mainland, Kenneth Jiang FCIS FCS(PE), Chief Representative of the Institute’s Beijing Representative Office, reaffirms the Institute’s commitment to its core mission – the...
22 November, 2019
Angel Sze FCIS FCS, Company Secretary, Fosun International Ltd, offers some practical advice on how company/board secretaries can handle the complex issues involved in risk management and cross-border compliance. Risk management Managing the timely communication of...
22 November, 2019
Meng Xiangyun, Board Secretary, Chongqing Iron & Steel Company Ltd, looks at the governance practices of an A+H share listed company to illustrate the importance of effective checks and balances and incentive systems in modern companies, especially companies with...
22 November, 2019
Three board secretaries share their first-hand experience of the challenges of working for Mainland enterprises listed in both Hong Kong and the Mainland, as well as the benefits of being a member of The Hong Kong Institute of Chartered Secretaries. Dr Guo Huawei Dr...
22 November, 2019
Special Mainland Edition Click here or on the cover image below to view or download a pdf of the full...
18 October, 2019
CSj highlights some of the anticipated, as well as some of the more surprising, findings of the latest research report published by The Hong Kong Institute of Chartered Secretaries. There is no ‘one-size-fits-all’ in corporate governance. Different jurisdictions have...
18 October, 2019
This second article in the series by Dr Jag Kundi, a Hong Kong–based scholar-practitioner active in the FinTech space, explains what blockchain is, how it works and its important relationship to governance. Governance is a system of rules, policies and processes to...
18 October, 2019
Penelope Shen, Partner, Kwok Yih & Chan, and Stephen Wong, Director of Fund Administration, Amicorp Hong Kong Ltd, shed light on open-ended fund companies and ask us to keep the faith with this new regime. Over a year has passed since Hong Kong introduced the...
18 October, 2019
Vincent Chan, Counsel of Appleby (Hong Kong office), summarises recent economic substance requirements and reporting obligations in Bermuda, the British Virgin Islands and the Cayman Islands. The governments of Bermuda, the British Virgin Islands (BVI) and the Cayman...
18 October, 2019
Martin Lim, Founder and Director, Ingenique Solutions, provides practical guidelines for implementing internal policies, procedures and controls for anti–money laundering and counter–financing of terrorism compliance, and offers a checklist for busy trust and company...
18 October, 2019
Elaine Chen, Partner, Clifford Chance, discusses a recent Hong Kong Court reminder to non-executive directors regarding their duty to enquire and investigate in the face of red flags. The recent Hong Kong judgment of Moulin Global Eyecare Holdings Ltd (in liquidation)...
18 October, 2019
State of governance – the vital signs Click here or on the cover image below to view or download a pdf of the full...
13 September, 2019
Against a backdrop of political unrest, the ongoing Sino-US trade war and growing environmental threats, there has been a renewed interest among governance professionals in the complex and challenging art of risk management. In October and November last year, local...
13 September, 2019
Putting a dollar value on environmental, social and governance (ESG) impacts, argues Pat Dwyer, Founder and Director, The Purpose Business, demonstrates the business sense of prioritising ESG management. In the summer of 2019, Hong Kong Exchanges and Clearing Ltd...
13 September, 2019
CSj highlights the latest additions to the Institute’s guidance note series, updating members on how to conduct internal investigations into malpractice and on inside information disclosure requirements for A+H share companies. The Hong Kong Institute of Chartered...
13 September, 2019
Ir Professor Raymond Wong, Head of Collaboration and Quality Assurance & Compliance, and Angus Chan, Manager (Environmental), both of CMA Testing and Certification Laboratories, and Ir Stephen Yu, Operations, Compliance & Risk Director, of BSI Hong Kong,...
13 September, 2019
Eugene Yeung, Director, and Johnson Tee, Senior Manager, Corporate Tax Advisory practice of KPMG China, overview the new Economic Substance Laws and explain how regulatory changes in the Cayman Islands and the British Virgin Islands impact Hong Kong businesses with...
13 September, 2019
The Securities and Futures Commission (SFC) clarifies its approach to backdoor listings and shell activities, using its statutory powers under the Securities and Futures (Stock Market Listing) Rules and the Securities and Futures Ordinance. In recent years, problems...
13 September, 2019
Risk Management in troubled times Click here or on the cover image below to view or download a pdf of the full...
13 August, 2019
Globally we are seeing the introduction of new regimes to make it easier for regulators to hold individual executives and board members responsible for corporate misconduct. CSj looks at the implications of this trend for directors, managers and governance...
13 August, 2019
Dr Jag Kundi, a Hong Kong–based scholar-practitioner active in the FinTech space, launches a series of articles in CSj exploring the interaction of emerging technologies of the digital era on governance and ethics. I n the 21st century, data is an essential resource...
13 August, 2019
Emily Foges, CEO, Luminance, and Emma Walton, Knowledge and Innovation Manager, Slaughter and May, suggest ways that artificial intelligence can be harnessed by corporate governance professionals in the area of regulatory compliance. Artificial intelligence (AI) has...
13 August, 2019
Joe Liu, Deputy Secretary-General, Hong Kong International Arbitration Centre, reviews the benefits of international arbitration in cross-border commercial disputes and highlights the advantages of Hong Kong as a favoured seat of arbitration. Benefits of international...
13 August, 2019
Anna Chan and Martin Tse, Oldham, Li & Nie Lawyers, overview the various corporate governance tools available to facilitate the smooth running of family businesses and alleviate potential family disputes. It is sad – but unfortunately not uncommon – when family...
13 August, 2019
New listing rule amendments to become effective on 1 October 2019 seek to enhance Hong Kong’s reverse takeover rules and continuing listing criteria. Hong Kong’s listing rules require listed issuers to maintain sufficient operations and to have assets of sufficient...
13 August, 2019
Chris Lawley, Vice-President APAC, Diligent, suggests four steps for boards to modernise their governance. Diligent recently launched a new category called ‘modern governance’ to bring boards of directors and leadership teams up to speed in today’s digital world....
13 August, 2019
Accountability – A cure for capitalism? Click here or on the cover image below to view or download a pdf of the full...
15 July, 2019
Regulators attending the Institute’s latest Annual Corporate and Regulatory Update (ACRU), held on 5 June at the Hong Kong Convention and Exhibition Centre, highlighted the role of governance professionals in building and maintaining effective internal controls to...
15 July, 2019
This second part of our review of the Institute’s latest Annual Corporate and Regulatory Update (ACRU) takes a look at the guidance offered by regulators on the issues at the top of the agenda for governance professionals in Hong Kong. The agenda of this year’s ACRU...
15 July, 2019
Tech is not just for Cyberport, says Dr George Lam, Chairman, Hong Kong Cyberport Management Company Ltd, tech is for everybody, including governance professionals. Do you think people in Hong Kong are aware of just how radical the transformation of our lives and work...
15 July, 2019
Blockchain technology is being touted as ‘the new internet’. Chris Grundy, Director of Marketing at SelfKey and KYC-Chain, explains what blockchain technology is, how it can help and how it impacts compliance issues. Compliance is undergoing radical change in 2019 and...
15 July, 2019
CSj highlights the latest additions to the Institute’s guidance note series, updating members on information technology risk, intitial public offering due diligence and the latest changes to the Companies Ordinance. The Institute’s guidance notes, available from the...
15 July, 2019
Peter Brien, Benita Yu and Jing Chen of Slaughter and May review the new approach taken by The Stock Exchange of Hong Kong when assessing reliance and competition, and summarise the impact of the key changes on an applicant’s suitability for listing. The Stock...
15 July, 2019
ACRU 2019 review – The critical role of internal controls Click here or on the cover image below to view or download a pdf of the full...
20 June, 2019
CSj highlights the company secretary’s unique perspective on the factors that contribute to effective decision-making by the board. You have put together a stellar cast of directors, and both shareholders and management are content, but before you know it, there are...
20 June, 2019
Tim Lui Tim-leung SBS JP, who took up his current role as Chairman of the Securities and Futures Commission (SFC) in October 2018, discusses the importance for the future of Hong Kong of protecting market integrity and promoting high standards of corporate governance....
20 June, 2019
Richard Simmons and Shanshan Shi, Lingnan University, review the results of recent tax research to suggest how manipulative transfer pricing may be curbed in Mainland China. According to a conservative estimate, the tax revenue lost to the government in Mainland China...
20 June, 2019
On the third anniversary of the Hong Kong Competition Ordinance, Brent Snyder, Chief Executive Officer of the Competition Commission, answers some frequently asked questions about the policies and enforcement actions of the Competition Commission. The Competition...
20 June, 2019
Hong Kong Exchanges and Clearing Ltd proposes new regulatory requirements designed to boost the effectiveness of companies’ governance structures for the management of environmental, social and governance (ESG) issues. Tougher regulation of ESG management and the...
20 June, 2019
The Independent Commission Against Corruption (ICAC) offers guidance on how to comply with Hong Kong’s upgraded disclosure requirements relating to anti-corruption policies and performance. Globally, there is an increasing demand for better disclosure by listed...
20 June, 2019
Cyber risk is now a major area of concern for all organisations and the board should be knowledgeable about such risk. Richard Sheath, Director, Independent Audit Ltd, looks at how a board can exercise oversight of this fast-moving and difficult-to-understand critical...
20 June, 2019
Board Governance – The art of decision-making Click here or on the cover image below to view or download a pdf of the full edition....
19 May, 2019
CSj gets some best-practice advice from governance professionals in Hong Kong and Mainland China on how to build and maintain an effective social media governance regime. In August 2018, Tesla’s chairman Elon Musk posted a message on Twitter that he had secured...
19 May, 2019
CSj highlights the key themes of the corporate governance conference held by The Hong Kong Institute of Chartered Secretaries and governance institutions in Taiwan last month. Since 2016, The Hong Kong Institute of Chartered Secretaries (the Institute) has been...
19 May, 2019
James Lau JP, Secretary for Financial Services and the Treasury, argues that high corporate governance standards will be crucial for maintaining Hong Kong’s role as a premier international financial centre. Chapter 54 in Mainland China’s 13th Five-Year Plan has a...
19 May, 2019
Tim Mak, Partner, Freshfields Bruckhaus Deringer, gives some tips on how initial public offering (IPO) sponsors can narrow the gap between their own and regulators’ expectations of the appropriate level of due diligence required in sponsor work. In May 2003, Hong Kong...
19 May, 2019
Brian Ho, Partner, Climate Change and Sustainability Services, EY, discusses how environmental, social and governance disclosure requirements may evolve in Hong Kong and what businesses can do to prepare for the change. Environmental, social and governance (ESG)...
19 May, 2019
The Honourable Teresa Cheng GBS, SC, JP, Secretary for Justice, Hong Kong Special Administrative Region of the People’s Republic of China, outlines the major issues pertinent to investor-state dispute settlement (ISDS) reform in Hong Kong and internationally. Recourse...
19 May, 2019
Social media governance – Your guide Click here or on the cover image below to view or download a pdf of the full...
11 April, 2019
Rebecca Walker Chan, Sustainability Advisor, The Purpose Business, argues that while new communication tools and channels can give sustainability reports more impact and relevance to their audience, the fundamentals for successful sustainability reporting remain the...
11 April, 2019
How well would your environmental, social and governance (ESG) report hold up under the critical analysis of an ESG professional? Dr Glenn Frommer and Theodora Thunder, Principals, The Sustainability Partnership, share some insights into what they look for in a good...
11 April, 2019
Echo Li, Head of Corporate Secretarial, TMF East China, explains how to apply the three negative lists that define the current prohibitions and restrictions on business activities in Mainland China. Mainland China is a dynamic market undergoing constant change and...
11 April, 2019
A new study released by the Office of the Privacy Commissioner for Personal Data assesses how well organisations in Hong Kong have implemented the accountability principle through their Privacy Management Programmes. A new study released by the Office of the Privacy...
11 April, 2019
Paul Starr, Suraj Sajnani, Dong Long, King & Wood Mallesons, give some top tips for Hong Kong companies’ dispute management following the signing of a ground-breaking arrangement that broadens the scope of judgments which may be enforced between Mainland China...
11 April, 2019
Can you remain silent upon receiving a Section 181 notice? Wynne Mok, Partner, and Jonathan Kao, Associate, Slaughter and May, highlight the implications of the recent judicial review application – AA & Anor v The Securities and Futures Commission. Cooperation...
11 April, 2019
Sustainability reporting in the digital age Click here or on the cover image below to view or download a pdf of the full edition....
11 March, 2019
Can green finance be a game changer? CSj takes a look at the growing green finance sector in Mainland China and Hong Kong. As global temperatures and sea levels are rising, so is the pressure on world leaders to actually do something about it. A United Nations (UN)...
11 March, 2019
Peter Greenwood FCIS FCS, former Company Secretary and Corporate Counsel of CLP Holdings and the winner of the HKICS Prize 2018, highlights the advantages of being a governance first mover. Congratulations on receiving the Hong Kong Institute of Chartered Secretaries...
11 March, 2019
CSj interviews Julia Leung, Deputy Chief Executive Officer and Executive Director, Intermediaries, Securities and Futures Commission (SFC), on the potential for developing Hong Kong as a green finance centre. What is the underlying rationale for pushing green...
11 March, 2019
今年1月17日，香港特許秘書公會周年圓桌會議順利在香港召開，會議重點討論了近期監管機構對香港企業管治守則的修訂，包括董事問責制和董事會多樣性等，以進一步提升香港企業管治水準。 每年，香港特許秘書公會(公會)都會在香港和內地城市，舉辦五次董秘圓桌會議，通過專家分享和討論，協助內地和香港會員了解內地和香港監管環境的變化。...
11 March, 2019
The latest Hong Kong Institute of Chartered Secretaries Company Secretary/Board Secretary Roundtable meeting, held on 17 January in Hong Kong, focused on recent amendments to Hong Kong’s governance regime designed to raise standards in a range of areas from directors’...
11 March, 2019
It is essential for directors to set the tone from the top for a strong cyber risk management culture, but a recent Diligent survey indicates that, when it comes to digital security, their own practices often aren’t keeping pace. Directors guide the success of...
11 March, 2019
Green finance – Will it be a game changer? Click here or on the cover image below to view or download a pdf of the full...
11 February, 2019
Board reviews have become an accepted and valued part of board governance in the UK. Philip Sidney, Associate, Lintstock, highlights some insights into board evaluation best practice from a recent Lintstock study of current practices in the UK. 2018 was an...
11 February, 2019
The Institute of Chartered Secretaries and Administrators International President and The Hong Kong Institute of Chartered Secretaries (HKICS) Past President, Edith Shih FCIS FCS(PE), in her recent HKICS Double Anniversary Gala Dinner Guest of Honour speech, argued...
11 February, 2019
Two years on from the adoption by the Securities and Futures Commission (SFC) of its ‘front-loaded’ approach to regulation, Ashley Alder, the SFC’s Chief Executive Officer, gives an update on how it is working in practice. Hong Kong can enhance its current position to...
11 February, 2019
If board evaluations are tedious or cumbersome, director engagement can be impacted negatively. Franklin Chen, Director, Diligent, suggests ways to boost the engagement of directors in, and therefore the effectiveness of, your board evaluation process. A recent global...
11 February, 2019
This article highlights new amendments to the Companies Ordinance which became effective on 1 February 2019. It has been five years since the new Companies Ordinance (CO) commenced operation in March 2014. The Companies (Amendment) (No 2) Ordinance 2018 (the Amendment...
11 February, 2019
Catherine Zheng, Partner; Dora Si, Partner; and Winne Yue, Professional Support lawyer; Deacons, look at the implications of Mainland China’s new e-commerce law, which comes into effect this month, relating to the liability of e-commerce platform operators in respect...
11 February, 2019
Milda Valevice, Legal Counsel, Citco Global Subsidiary Governance Services (GSGS) gives compliance advice following the step change we are currently seeing in the scope of anti-money laundering regulation around the world. In April 2018, the European Parliament...
11 February, 2019
Board evaluation – Best practice update Click here or on the cover image below to view or download a pdf of the full...
11 January, 2019
AI technology hit the headlines in 2016 when AlphaGo beat the world’s top Go players. In fact, the technology has been around for some time, and, as Joseph Chu and Charlie Wang of Deloitte China explain, is fast becoming an essential part of workforces around the...
11 January, 2019
CSj looks at useful resources for governance professionals seeking to upgrade their compliance with Hong Kong’s Corporate Governance Code. Changes to Hong Kong’s Corporate Governance Code and related listing rules become effective this month, including tougher...
11 January, 2019
Miriam Everett, Head of Data Protection and Privacy, Herbert Smith Freehills, looks at new draft guidelines issued by the European Data Protection Board giving long-awaited guidance on the extraterritorial application of the EU’s General Data Protection Regulation....
11 January, 2019
The fourth in a series of guidance notes produced by the Institute’s Public Governance Interest Group gives guidance on the continuing compliance obligations of not-for-profits under the Companies Ordinance. The Institute’s Interest Group guidance note project got...
11 January, 2019
Hong Kong Court of Final Appeal clarifies ‘innocent purpose’ defence to insider dealing. The Hong Kong Court of Final Appeal (CFA) has recently allowed the Securities and Futures Commission’s (SFC) appeal against the Market Misconduct Tribunal’s (MMT) findings that...
11 January, 2019
Meet your new colleague – Artificial intelligence Click here or on the cover image below to view or download a pdf of the full...
