11 May, 2023
On 28 April 2023, Hong Kong’s new statutory regime for holding general meetings came into effect. Benita Yu FCG HKFCG, Senior Partner, and Vincent Chan, Partner, Slaughter and May, update CGj readers on the new legal requirements and recommended good practices for...
11 May, 2023
In the first part of a two-part interview, CGj talks to Dr Christine Chow, board member, International Corporate Governance Network, and Head of Active Ownership at Credit Suisse Asset Management, about the role that investors and asset managers can play in promoting...
11 May, 2023
Philip Sidney, Senior Associate, Lintstock, highlights the findings of a new Lintstock study indicating that better gender diversity on boards is not only a question of fairness, but of effectiveness. The growing momentum behind gender diversity on corporate boards...
11 May, 2023
Authors from City University of Hong Kong and The Hong Kong University of Science and Technology make a case for an enhanced DEI workforce policy to bolster Hong Kong’s competitiveness and sustainable development, and put forward a number of practical suggestions for...
11 May, 2023
Stephanie Chan, Partner, Adrian PT Tang, Senior Associate, Louisa Wong, Associate, and Samantha Chan, Associate, Sidley Austin, summarise recent guidance from Hong Kong Exchanges and Clearing Ltd (HKEX) on the information disclosure requirements of the Listing Rules,...
11 May, 2023
General meetings – Physical, virtual or hybrid? Click here or on the cover image below to view or download a pdf of the full...
13 May, 2022
Building an effective whistleblower framework is a little more complex than setting up a complaint hotline for employees. CGj takes a look at a critical component of such frameworks that has received too little attention in Hong Kong – whistleblower protection. The...
13 May, 2022
In the second and final part of their article, ESG consultants Theodora Thunder and Dr Glenn Frommer look at the specific application of ESG strategies to portfolio development. In the first part of this article, published in last month’s CGj, we explored the business...
13 May, 2022
David Cheng, Partner, Hong Kong Office, Winston & Strawn, overviews the latest guidance for intermediaries dealing in VA-related products and services, and clarifies the new measures and requirements pertaining to Hong Kong’s virtual asset market. The VA...
13 May, 2022
CGj reviews four recent additions to the guidance note series of the Institute, two of which give advice on issues pertaining to merger and acquisition (M&A) transactions, notably those involving share transfers, while two spotlight the ethical themes relating to...
13 May, 2022
Wynne Mok, Partner, and Jason Cheng, Associate, Slaughter and May, examine the background and precedents to the latest attempt by a company to challenge a delisting decision in the High Court, and explain the factors considered by the courts in such cases. In the past...
13 May, 2022
Wynne Mok, Partner, and Jason Cheng, Associate, Slaughter and May, discuss a recent court ruling that reconfirms an employer’s right to terminate an employment contract without cause, and why the duty of mutual trust and confidence between employer and employee cannot...
13 May, 2022
Whistleblower protection in Hong Kong Click here or on the cover image below to view or download a pdf of the full...
24 May, 2021
Sharan Gill, writer, lawyer and CSj contributor, looks at the unique relationship between independent non-executive directors (INEDs) and company secretaries in their key roles as governance gatekeepers. One wonders whether the three INEDs on the board of Mayer...
24 May, 2021
A new consultation paper issued in April 2021 by Hong Kong Exchanges and Clearing Ltd (HKEX) makes a number of proposals to enhance board independence, promote board refreshment and succession planning, and strengthen the role of the nomination committee. Ensuring...
24 May, 2021
The saying goes that ‘all roads lead to Rome’. Fiona Donnelly, Director, Red Links, argues that the same sentiment could apply to the climate-related disclosure recommendations of the Task Force on Climate-related Financial Disclosures (TCFD). Six years ago, the then...
24 May, 2021
Laks Meyyappan, Chief Executive Officer for Australasia, and Savoy Lee, Director and Head of Corporate Advisory for Asia, Georgeson, offer insights into how to get the most out of cross-functional teams dedicated to environmental, social and governance (ESG)...
24 May, 2021
Richard Mazzochi and David Lam, King & Wood Mallesons, summarise the key points that are most regularly considered in Hong Kong and the Mainland regarding the transition from LIBOR to risk-free rates (RFRs). The London Interbank Offered Rate (LIBOR) is a...
24 May, 2021
What is your role as a governance professional? ‘I have been working in a licensed bank in Hong Kong as Fraud Control Officer and Head of Operational Risk Management for 10 years. My team and I represent the first and second lines of defense for risk management at the...
24 May, 2021
What is your role as a governance professional? ‘I am currently a director of the GoGlobal Group, which is a global employment outsourcing company supporting clients to employ cross-border talent in an effective and compliant manner. My main role is to develop the...
24 May, 2021
Governance gatekeepers Click here or on the cover image below to view or download a pdf of the full...
20 May, 2020
Helping Chartered Secretaries and Chartered Governance Professionals keep up with frontier issues in governance is part of the remit of The Chartered Governance Institute (CGI). This article reviews two new papers from CGI’s Thought Leadership Committee that raise...
20 May, 2020
Since retiring two years ago, Richard Ho FCIS FCS, has embarked on a second career as an independent non-executive director (INED). He shares with CSj some essential lessons in how to make a success of the INED calling. Can you tell us about your personal background...
20 May, 2020
CSj highlights the recommendations of the latest guidance note issued by the Institute’s Public Governance Interest Group on how to arrange your AGM while complying with the social distancing regime now in place in Hong Kong. As the 2020 AGM season gets underway, high...
20 May, 2020
In this first part of a two-part series, Henry Kwong, Tax Partner, and Matthew Cheung, Tax Manager, Cheng & Cheng Taxation Services Ltd, examine the implications of recent amendments to the PRC Individual Income Tax law and regulations, focusing on the definition...
20 May, 2020
Vincent Chan, Counsel of Appleby (Hong Kong office), provides an overview of the recent updates on economic substance requirements and reporting obligations in Bermuda, the British Virgin Islands and the Cayman Islands. Since October 2019, the date of my last article...
20 May, 2020
What is your role as a governance professional? ‘In my day job, I am MTR Corporation’s Legal & European Business Director with responsibility, on the governance side, for our legal, company secretarial and risk management functions. I am also currently President...
20 May, 2020
Debevoise & Plimpton looks at a recent High Court judgment that dismissed applications for judicial review of search warrants obtained by the Securities and Futures Commission (SFC) and of the SFC’s seizure and retention of digital devices pursuant to the search...
20 May, 2020
Thought leadership review Click here or on the cover image below to view or download a pdf of the full...
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...
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...
15 May, 2017
Integrated reporting hopes to redraw the corporate bottom line with its measurement of non-financial ‘capitals’. While only a few listed Hong Kong companies have adopted its principles, the International Integrated Reporting Council, under new leader Richard...
15 May, 2017
The Institute’s Takeovers, Mergers and Acquisitions Interest Group launched a new series of guidance notes earlier this year designed to help company secretaries navigate the complexities involved in managing and advising on merger and acquisition (M&A)...
15 May, 2017
The winning paper of the Institute’s Corporate Governance Paper Competition 2016 argues in favour of an inclusive stakeholder approach to corporate governance. This submission advocates an inclusive stakeholder model for the implementation of better corporate...
15 May, 2017
Zoe Chan So Yuen FCIS FCS, LLM, Solicitor, reviews relevant e-signature legislation and guidelines in Hong Kong and around the world, and brings readers up to date with best practice recommendations on the use of e-signatures. As increasing numbers of organisations...
15 May, 2017
In June 2015, the Securities and Futures Commission opted not to allow dual class share structures for primary listings in Hong Kong on the basis that such structures would be too risky from the point of view of investor protection. Eng Leng Ng, Senior Partner; and...
15 May, 2017
Rudy Escalante, Chief Operating Officer – Global Services, ICSA Software International, looks at the advantages for company secretaries of having a centralised database within an entity management system providing a single source for all entity-related information....
15 May, 2017
Integrated reporting – the future is waiting Click here or on the cover image below to view or download a pdf of the full...
13 May, 2016
In the wake of the Panama Papers leaks last month, questions are being asked about the adequacy of Hong Kong’s regulatory regime to prevent the abuse of offshore structures. Senior practitioners and corporate service providers give CSj their views about the way...
13 May, 2016
Outside of Japan, a relatively low number of companies in Asia are currently producing integrated reports, but this month’s In Profile interviewee – Jonathan Labrey, Chief Strategy Officer and Head of Asia Pacific, International Integrated Reporting Council –...
13 May, 2016
The current sources of finance for start-ups in Hong Kong are limited, so should Hong Kong be promoting crowdfunding as a alternative funding model? Hong Kong has been slow on the uptake when it comes to harnessing the huge potential of the new technologies that are...
13 May, 2016
Caroline Lacocque, Director of Client Services, TMF Hong Kong, looks at how Hong Kong can capitalise on its competitive advantages in the emerging business landscape. The global economy is displaying ‘a new normal’ – the volatile financial markets we have been...
13 May, 2016
What should listed companies do if they find themselves subject to market commentaries or rumours which may require a halt of trading in their securities? Hong Kong Exchanges and Clearing Ltd has published new guidance outlining its revised approach to such...
13 May, 2016
DLA Piper Hong Kong reviews a recent case in the High Court which highlights potential legal risks for employers in Hong Kong regarding the drafting of disciplinary procedures incorporated into an employee’s employment contract. A recent Hong Kong appeal...
13 May, 2016
The Panama Papers Click here or on the cover image below to view or download a pdf of the full...
8 May, 2015
The concept of sustainability often comes naturally to family companies since they need to serve the family’s needs through the generations, but Stephen Young, Global Executive Director, Caux Round Table, argues that they also need good governance to turn those...
7 May, 2015
Over the last decade, the renminbi has gone from being unknown outside China to being the fifth most traded currency and the second most used currency for trade finance in the world. Bruce Andrews asks where this journey will lead us next – is the renminbi destined to...
7 May, 2015
Over-reliance on the US dollar in the international monetary system is an anachronism, argues Paola Subacchi, Research Director of International Economics at Chatham House and Professor of Economics at the University of Bologna. She looks at the pressure from China...
7 May, 2015
William Wong, Associate, Deacons, outlines some common deficiencies in corporate disclosures which frequently result in the need to issue clarification announcements. Listed companies in Hong Kong are reminded that insufficient information or deficiencies in corporate...
7 May, 2015
Lester Ross, Kenneth Zhou and Tingting Liu at law firm WilmerHale, examine what China’s foreign investment legal system will look like when its new Foreign Investment Law, which was issued for public comment in January this year, takes effect. China’s...
7 May, 2015
In Re China Metal Recycling (Holdings) Ltd, the Securities and Futures Commission has obtained its first court order to wind up a Hong Kong-listed company under Section 212 of the Securities and Futures Ordinance. On 9 March 2015, Justice Harris handed down the...
7 May, 2015
Q:Recent AGM seasons have seen an increase in ‘no’ votes against some types of resolutions. What can I do to help prepare my company for our AGM? A: Investors across Asia are beginning to alter their approach to the AGM season and voting. Whereas in the past,...
7 May, 2015
Family companies – Governance models? Click here or on the cover image below to view or download a pdf of the full...
5 May, 2014
The Hong Kong Institute of Chartered Secretaries (HKICS) has a well-known and well-loved icon in the shape and form of Sagittarius serpentarius, better known as the secretary bird, but what exactly does the secretary bird represent? How is the HKICS structured? What...
5 May, 2014
The job of rewriting a law of the size and complexity of Hong Kong’s Companies Ordinance does not come around very often. This month CSj talks to Ada Chung about the lessons she has learned over the last seven years since she took up her post as Registrar of...
5 May, 2014
This month the Companies Registry concludes its series of articles introducing the major changes brought in by the new Companies Ordinance. In this final article in the series, Ada Chung, Registrar of Companies, and Phyllis McKenna, Deputy Principal Solicitor, HKSAR...
5 May, 2014
Independent directors in the PRC This article is the first of a two-part article by the China Association for Public Companies (CAPCO) summarising its Report on the Fulfillment of Duties by Independent Directors of Listed Companies which was published earlier this...
5 May, 2014
New regulations on the deployment of contingent and temporary workers in Mainland China took effect on 1 March 2014. All employers using contingent workers in Mainland China, typically referred to as an ‘agency workforce’ or as ‘labour dispatch...
5 May, 2014
Q: Aside from reporting my company’s interim and annual results, what else can I do to effectively engage with current and prospective investors? A: Going beyond basic financial reporting requirements and increasing engagement with investors is a vital...
5 May, 2014
Know your Institute – A bird’s eye view. Click here or on the cover image below to view or download a pdf of the full...
5 May, 2013
While technology has transformed many aspects of the company secretary role, fear not, you are not about to be replaced by a machine anytime soon. This month CSj looks at where automation is, and where it is most definitely not, prescribed for today’s tech savvy...
5 May, 2013
Compliance practitioners and company secretaries who have an influence over their organisation’s board communication practices will inevitably have considered the possibility of moving to a board portal platform. Board portals entail great potential for secure...
5 May, 2013
Boards of directors have been operating perfectly well for hundreds of years using paper board packs, so what can digital board – or meeting – packs delivered via a board portal do better? In an article published in The Sunday Times of London on 13 January...
5 May, 2013
As cultural homogenisation sweeps the planet, this month’s well travelled interviewee, Stuart Crosby, Chief Executive Officer, Computershare Ltd, warns against assuming that cultural differences have been laid to rest by globalisation – they still have the power...
5 May, 2013
In early 2008, when Zhardem Kurmangaziyev turned up for work as a corporate secretary of the Sustainable Development Fund Kazyna JSC, the HR department had never encountered a corporate secretary before and decided to list him as a manager in the legal department....
5 May, 2013
Are China’s three decades of impressive economic growth coming to an end? Is China going to succumb to the same malaise which has trapped Japan in a prolonged period of ultra-slow growth for the last two decades? Zhang Jun, Professor of Economics and Director of...
5 May, 2013
Q: My company’s annual general meeting (AGM) is scheduled to be held in June. If typhoon signal number eight is hoisted on the day of our AGM, what should we do? A: It is always recommended to have contingency plans in place for typhoons or adverse weather....
5 May, 2013
Automation – Meet the cyborg company secretary. Click here or on the cover image below to view or download a pdf of the full...
7 May, 2012
Many female readers of this journal will no doubt have had the experience of being the only woman present at board meetings. How would they pitch to their male colleagues the need for better board diversity? CSj outlines a fictional company secretary’s defence...
7 May, 2012
This month’s interviewee – Naz Sarkar ACIS, the regional CEO for the UK, the Channel Islands, Ireland and Africa at Computershare Investor Services PLC – discusses the way that Chartered Secretaries involved in the share registration business can help develop...
7 May, 2012
China 2030: building a modern, harmonious and creative high-income society, published by the World Bank in collaboration with China’s Ministry of Finance (MOF) and the Development Research Center of the State Council (DRC), assesses China’s medium-term...
7 May, 2012
The World Bank’s China 2030 report recommends, among other things, that China should eliminate privileges for state-owned enterprises, increase spending on social services and open its budget to public scrutiny. Sound advice, argues Minxin Pei, Professor of...
7 May, 2012
There are many stories about doing business in mainland China – some exceptionally successful, others diabolical failures. Matthew McKee, Solicitor, Argyle Lawyers Pty Ltd, argues that what makes these disaster stories worse is that they are usually easily avoidable....
7 May, 2012
New rules issued by the China International Economic Trade Arbitration Commission should improve its standing as an international player in dispute resolution and arbitration proceedings Revised arbitration rules for the China International Economic Trade Arbitration...
7 May, 2012
In search of a balanced board Click here or on the cover image below to view or download a pdf of the full...
