19 June, 2023
Organisations and directors face significant reputational and liability risks if they engage in greenwashing. Sharan Gill, Associate Editor, CGj, answers key questions about the nature, and best practice management, of these risks. Greenwashing allegations have been...
19 June, 2023
In this concluding part of our interview with Dr Christine Chow, board member, International Corporate Governance Network, and Head of Active Ownership at Credit Suisse Asset Management, she talks about how the approaches to governance and sustainability are likely to...
19 June, 2023
Dr Agnes KY Tai, Chief EC.ESG Investment Strategist, BlueOnion, highlights how carbon offsets can assist companies in their transition towards low-carbon operations, products and services. Climate change is one of the most pressing issues facing the world today. The...
19 June, 2023
The third and final session of the Institute’s director training series, held in collaboration with Hong Kong Exchanges and Clearing Ltd (HKEX), urged all directors, but independent non-executive directors (INEDs) in particular, to avoid the danger of complacency...
19 June, 2023
A consultation paper published by Hong Kong Exchanges and Clearing Ltd (HKEX) seeks market feedback on proposals to align Hong Kong’s climate-related disclosure regime with international standards. On 14 April 2023, HKEX published a public consultation – Enhancement...
19 June, 2023
Hong Kong law firm Gall reviews a recent Court of Appeal (CA) judgment regarding the lawfulness of Hong Kong’s ‘letters of no consent’ regime. On 14 April 2023, the Court of Appeal (CA) in Tam Sze Leung v Commissioner of Police [2023] HKCA 537 overturned Court of...
18 June, 2023
Herbert Smith Freehills reviews a recent Hong Kong Court of Final Appeal decision that clarifies a bank’s liability for transferring customer funds in breach of its Quincecare duty of care before unauthorised closure of the account. In PT Asuransi Tugu Pratama...
18 June, 2023
Greenwashing – A governance concern Click here or on the cover image below to view or download a pdf of the full...
8 June, 2022
CGj finds that changes to both recruitment practices and corporate culture will be required if companies hope to adapt to the new higher expectations regarding diversity and inclusion performance. Companies’ diversity and inclusion (D&I) policies and practices...
8 June, 2022
CGj reviews a recent Institute webinar that offered practical recommendations for organisations on how to address the complex and urgent issues surrounding climate change. Globally, developments relating to climate change and sustainability reporting have been coming...
8 June, 2022
Companies are under mounting pressure to achieve net-zero carbon emissions. Angus Chan, Vice-President, Head of ESG Solutions for Greater China, Alliance Advisors, gives some guidance on how the net-zero transition can be achieved. Escalating and ubiquitous...
8 June, 2022
Gabriela Kennedy, Partner, and Joshua Woo, Registered Foreign Lawyer (Singapore), Mayer Brown, summarise the CAC’s recent draft regulations, which are aimed at strengthening government control over the news, protecting the rights and interests of internet users –...
8 June, 2022
This article highlights key features of the proposed sustainability disclosure standards issued by the International Sustainability Standards Board (ISSB) for consultation in March this year. On 3 November 2021, the International Financial Reporting Standards (IFRS)...
8 June, 2022
Diversity and inclusion – A strategic perspective Click here or on the cover image below to view or download a pdf of the full...
23 June, 2021
CSj looks at the role that culture and purpose plays in the long-term success of organisations, and at the role of boards and governance professionals in building a sound organisational culture and sense of purpose. In 2016, an investigation found that employees of...
23 June, 2021
Hong Kong Exchanges and Clearing Ltd (HKEX) published a consultation in April this year proposing changes to Hong Kong’s Corporate Governance Code and Listing Rules to enhance standards in a number of key areas of governance. CSj takes a look at the proposals and the...
23 June, 2021
Fiona Donnelly, Director, Red Links, and Kevin Bowers, Partner, bowers.law, explain how the need for directors to give appropriate consideration to environmental, social and governance (ESG) issues is not a matter of choice – it’s an integral part of being a board...
23 June, 2021
Dominic Wai, Partner, ONC Lawyers, outlines the recent incident with Alibaba in relation to the Mainland’s Anti-monopoly Law, and provides an overview of similar legislation in Hong Kong, notably the Second Conduct Rule of Cap 619. Established in 1999, Alibaba has...
23 June, 2021
CSj highlights the latest additions to the guidance note series of The Hong Kong Institute of Chartered Secretaries (the Institute), providing guidance on anti-competitive information exchange, conflicts of interest and managing the signing stage of merger and...
23 June, 2021
Damien Laracy, Partner and Head of the Hong Kong Office, and Nicole Wong, Associate, Hill Dickinson Hong Kong, summarise the most salient issues of the ‘no jab, no job’ debate, and discuss whether an order for employees to receive the Covid-19 vaccination could be...
23 June, 2021
Why culture matters – Organisational culture and purpose Click here or on the cover image below to view or download a pdf of the full edition....
19 June, 2020
As economies shift into intangibles as drivers of economic value, is the present global tax system fit for purpose? Dr Jag Kundi, a Hong Kong–based scholar-practitioner active in the FinTech space, looks at the role that blockchain can play in improving and upgrading...
19 June, 2020
Emma Newman, Head of Sales, Veridate, highlights the key factors corporate services providers should consider when seeking the right technology to assist with know your client and customer due diligence compliance. For people working across the finance industry and...
19 June, 2020
From cybersecurity breaches to natural disasters and worldwide pandemics, the impact of a crisis can be unpredictable. Andrew Carrick, VP Customer Success – Asia Pacific, Diligent, offers tips for board members, management teams and governance professionals on...
19 June, 2020
Hogan Lovells highlights how the Mainland’s new Personal Information Security Specification, which will come into force on 1 October 2020, raises the stakes for data protection in the Mainland. Less than two years after the implementation of the ‘GB/T 35273-2017...
19 June, 2020
Tim Parker and Abigail Liu, Barristers at Denis Chang’s Chambers, take an in-depth look at the legal ramifications of the non-performance of commercial contracts during the current coronavirus pandemic. The rapid spread of COVID-19 has developed into a global threat....
19 June, 2020
Debevoise & Plimpton looks at a recent Market Misconduct Tribunal decision concerning late disclosure of inside information and makes practical suggestions on steps listed companies can take to ensure compliance with Hong Kong’s inside information disclosure...
19 June, 2020
What is your role as a governance professional? ‘As a governance professional, I see my role as a builder, an implementer, an enforcer and an upgrader. As a builder, I spearhead the establishment of governance policies, procedures and practices (governance...
19 June, 2020
Digital readiness – In a time of uncertainty 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....
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 June, 2017
CSj looks at the implications for company secretaries and risk and governance professionals of the government’s latest proposals designed to strengthen Hong Kong’s anti-money laundering and counter-terrorism financing regime. Next year, the Financial...
14 June, 2017
Dominic Wai, Partner, ONC Lawyers, looks at the role of company secretaries and directors in anti-money laundering compliance. Millions of dollars come into and go out of Hong Kong every day, legitimate or not, as Hong Kong is an international financial centre with no...
14 June, 2017
Cecilia Xianying Lou, Partner; and Mark Guangrui Fu, Managing Associate; of King & Wood Mallesons, give an introduction to China’s Cybersecurity Law which becomes effective this month, and assess the implications of the law for companies with a business...
14 June, 2017
Richard Welford, Chairman, CSR Asia, gives his top 10 tips to ‘future-proof’ your business. The world is changing. Challenging economic times, volatile world events, a deteriorating environment, a growing social divide and fast-changing technology are leaving...
14 June, 2017
This second and final part of the winning paper of the Institute’s Corporate Governance Paper Competition 2016 completes the authors’ elaboration of their five-stage inclusive stakeholder model of corporate governance. In this article, we advocate an inclusive...
14 June, 2017
Alicia Yi, Managing Director, Board and CEO Services, Korn Ferry, discusses whether quotas will be required to increase the number of women on the boards of Asian listed companies. Asian companies continue to lag the rest of the world when it comes to gender diversity...
14 June, 2017
AML compliance – Your best practice guide Click here or on the cover image below to view or download a pdf of the full...
13 June, 2016
Regulators at the Hong Kong Institute of Chartered Secretaries’ latest Annual Corporate and Regulatory Update (ACRU) conference highlighted the roles directors, professional practitioners and regulators need to play to ensure good governance standards are maintained...
13 June, 2016
Katherine Ng, Senior Vice-President, Hong Kong Exchanges and Clearing Ltd, highlights the new guidance materials on the Exchange’s website relating to environmental, social and governance (ESG) reporting. Businesses are facing increasing demands to recognise...
13 June, 2016
Christine Chow, Associate Director, Hermes EOS, Hermes Investment Management, is practised in the art of engaging companies on their approach to environmental, social and governance issues. In this interview with CSj, she discusses her career and shares some tips on...
13 June, 2016
CSj takes a look at a new initiative launched by the Hong Kong Institute of Chartered Secretaries (HKICS) to promote anti-money laundering and counter-financing of terrorism (AML/CFT) in the corporate service provider(s) sector in Hong Kong. In 2008 the HKICS issued...
13 June, 2016
Having access to the right information plays a major part in boards making the right decisions. A new set of guidelines published last month by the Corporate Secretaries International Association (CSIA) aims to help corporate secretaries fulfill their role supporting...
13 June, 2016
Anne-Marie Godfrey, Partner, Akin Gump, highlights the features and discusses the implications of the government’s proposed open-ended fund company (OFC) regime for Hong Kong. Under the current legal and regulatory regime relating to the establishment of...
13 June, 2016
Governance needs you – ACRU 2016 review Click here or on the cover image below to view or download a pdf of the full...
7 June, 2015
With the Securities and Futures Commission recently publishing proposals designed to encourage proactive engagement between investors and publicly listed companies in Hong Kong, Lucy Newcombe, Global Corporate Communications Director at Computershare, looks at the...
7 June, 2015
CSj takes a look at new best practice recommendations for corporate secretaries on shareholder engagement. Since the launch of the UK’s Stewardship Code in 2010, shareholder engagement has been climbing the corporate and regulatory agenda around the world. The...
7 June, 2015
Few companies in Hong Kong are monitoring and reporting on their greenhouse gas emissions. CSj takes a look at the growing stakeholder and regulatory pressure to ensure businesses catch up with international best practice in this area. In 2013, Carbon Care Asia (CCA)...
7 June, 2015
Governments around the world will be gathering in December this year to sign a new global agreement on greenhouse gas emissions reduction. Johan Rockström, Professor of Global Sustainability, Stockholm University, looks at what needs to be agreed in order to avoid...
7 June, 2015
One of the toughest challenges facing companies seeking to comply with Hong Kong’s statutory regime for the disclosure of inside information, as set out in Part XIVA of the Securities and Futures Ordinance, has been identifying what is and what is not inside...
7 June, 2015
Internet domain name disputes are still a relatively new area for companies in Hong Kong. Zoe Chan FCIS FCS, Solicitor, gives some advice on the hazards of getting arbitration awards in this area enforced. One of the reasons businesses prefer arbitration proceedings...
7 June, 2015
Q: Please advise whether the word ‘audited’ has to be added in the preliminary annual results announcement of a company listed on the Hong Kong Stock Exchange to reflect that such results have been audited by the company’s independent auditors. A: There is...
7 June, 2015
Shareholder engagement – The company secretary role. Click here or on the cover image below to view or download a pdf of the full...
5 June, 2014
How to prepare a business review In March this year, with the implementation of the new Companies Ordinance, Hong Kong imposed its first mandatory environmental, social and governance (ESG) reporting requirement. Hong Kong-incorporated companies, unless exempted, will...
5 June, 2014
The importance of the corporate secretarial role, particularly as the gatekeeper for good governance, is now recognised globally, but there is an increasing demand in emerging and transition economies for practical guidance on how this role should be best carried out....
5 June, 2014
Allan Chiang, Hong Kong’s Privacy Commissioner for Personal Data, outlines the competitive benefits to be gained by adopting a comprehensive privacy management programme. The Personal Data (Privacy) Ordinance (the Privacy Ordinance) came into force 18 years ago...
5 June, 2014
Salina Yan, Deputy Secretary for Financial Services and the Treasury (Financial Services), of the Financial Services and the Treasury Bureau, outlines a new initiative to further develop Hong Kong’s asset management industry. Asset management has become...
5 June, 2014
《上市公司独立董事履职情况报告》是根据中国上市公司协会所发出的《上市公司 独立董事履职状况调查问卷》的调查结果而撰写﹐旨在对已实施十多年的中国上市 公司独立董事制度进行全面而客观的评估。上期刊载了该报告的摘要第一部分﹐本 文是第二部分﹐亦即最後一部分﹐论述独立董事制度存在的问题﹐并提出完善独立 董事制度的建议。 独立董事制度存在的问题 我国上市公司引入独立董事制度10多 年来，在优化上市公司治理结构，促 进上市公司规范运作方面发挥了积极 的作用。调查显示，调查对象对独立 董事在“促进公司整体发展”、“促...
5 June, 2014
Q: Three out of the 10 directors on our board still request paper board packs – can you suggest the best ways to persuade these directors of the advantages of the digital pack? A: Firstly, I would say that your experience in this regard is common, particularly in...
5 June, 2014
The ESG challenge – How to prepare a business review. Click here or on the cover image below to view or download a pdf of the full...
5 June, 2013
The clock is counting down to 1 September 2013 when Hong Kong’s new Corporate Governance Code provision on board diversity becomes effective. Rosie Halfhead, Programme Director, Diversity on Boards, Community Business, urges companies and company secretaries to...
5 June, 2013
Elsie Leung, Hong Kong’s former Secretary of Justice, and Susie Cheung, General Counsel and Company Secretary of the Hong Kong Mortgage Corporation, picked up awards at the latest ‘Asia Women in Business Law Awards’. In this interview with CSj, they...
5 June, 2013
In Taiwan, while there are regulations concerning the need for board support, there are no regulations concerning the officers carrying out that function. Professor Louis Chen, Chairperson of the Association for Research & Development of Corporate Organisation in...
5 June, 2013
Andrew Sheng and Xiao Geng of the Fung Global Institute argue that if China’s economic rise is to advance it must develop the rule of law. This means institutions and practices consistent with representative government must be created. It’s a long road...
5 June, 2013
It is often assumed that board secretaries have a relatively high status in mainland China – they are, after all, required by law to have the status of senior management. The latest Regional Board Secretary Panel meetings on the mainland, however, raised doubts about...
5 June, 2013
Q: We currently prepare paper board packs and want to keep control of sensitive board information in-house. If we switched to a board portal how could we control who sees what? A: A good board portal supplier takes strong measures to ensure that sensitive data is...
5 June, 2013
Board diversity – New frontiers for the company secretary Click here or on the cover image below to view or download a pdf of the full...
7 June, 2012
Who are your global peers? This seemingly simple question is not as easy to answer as you might imagine. Corporate secretaries around the world don’t always carry the same job title or carry out the same duties. This month, CSj looks at the many faces of the global...
7 June, 2012
In this first article in our ‘Peer to Peer’ series, CSj talks to Alexander Kamensky, corporate secretary of one of the largest power companies in Russia, about the way corporate secretaries in Russia, in the absence of a dedicated professional body, are building...
7 June, 2012
Hong Kong has the potential to be a world leader in corporate governance, believes Gordon Jones FCIS FCS, Hong Kong’s former Registrar of Companies, but it will not realise this potential if it continues to allow vested interests to obstruct the corporate...
7 June, 2012
Arguments against companies addressing their environmental and social responsibilities have been soundly trounced, argues Josh Dowse, Principal, Dowse CSP, not so much by moral imperatives, but by the business case for engagement with environmental, social and...
7 June, 2012
Wilfred Wu, Principal, Specialist Advisory Services, BDO, suggests some simple and practical ways to mitigate or resolve shareholder disputes Disputes are an unavoidable fact of human life. People will often disagree with one another because of different opinions or...
7 June, 2012
The launch of an international board on the Shanghai Stock Exchange, originally slated for 2010, has been delayed again. While there is no official timeline for its introduction, it is the centerpiece of China’s plans to turn Shanghai into a global financial...
7 June, 2012
Global profession – Who are your global peers? Click here or on the cover image below to view or download a pdf of the full...
