16 September, 2022
Governance professionals can play a key role in helping organisations navigate the digital transformation process. CGj looks at the contributions they can make to ensuring best practice in data governance and ethics. Mention the word ‘data’ in an organisational...
16 September, 2022
Interviewed by CGj, Privacy Commissioner for Personal Data, Ada Chung Lai-ling FCG HKFCG, argues that ensuring best practice is followed in the handling of personal data is a crucial part of the governance professional’s role. Some practitioners may argue that...
16 September, 2022
A new report published jointly by the Institute, KPMG China and CLP Holdings Ltd in July this year will be a welcome resource for governance professionals eager to prepare themselves for the imminent arrival of tougher regulatory requirements relating to climate...
16 September, 2022
Natalie Yeung, Partner, Alexander Lee, Counsel, and Michele Ho, Associate, of Slaughter and May, explain the recent amendments to the Mainland’s Anti-Monopoly Law and examine the implications of these changes for Chinese antitrust enforcement. Change is coming to...
16 September, 2022
Wynne Mok and team from Slaughter and May summarise two recent court decisions that are pertinent to creditors considering issuing a winding-up petition against a debtor company incorporated overseas, but with some Hong Kong connection. The Court of Final Appeal (the...
16 September, 2022
Data governance and ethics Click here or on the cover image below to view or download a pdf of the full...
21 September, 2021
CSj provides a summary of recent updates to the enforcement policies and disciplinary powers of The Stock Exchange of Hong Kong Ltd relevant to governance professionals in Hong Kong. Listing Rule amendments enhancing the disciplinary powers and sanctions of The Stock...
21 September, 2021
Samuel Chan BBS JP, Chairman, Competition Commission (the Commission), highlights the need for directors, and the governance professionals advising them, to understand their exposure to competition law risks and to instill a competition compliance culture across all...
21 September, 2021
Ada Chung FCG FCS, Privacy Commissioner for Personal Data, Office of the Privacy Commissioner for Personal Data, Hong Kong (PCPD), supports the rationale behind limiting the disclosure of personal data in the Companies Register. Given its impact on the work of...
21 September, 2021
Theodora Thunder, Managing Director, Streeter Strategic Ltd, highlights the transitional risks that companies face as a result of climate change and recommends that they align themselves with the Taskforce for Climate-related Financial Disclosures (TCFD) reporting...
21 September, 2021
Dennis Wu, Senior Partner, Futu Holdings Ltd, suggests some ways in which employee equity incentives can help to build the motivation of team members and thereby avoid organisational entropy. The term ‘entropy’ was originally derived from the second law of...
21 September, 2021
Enforcement update Click here or on the cover image below to view or download a pdf of the full...
24 September, 2020
Governance professionals in Hong Kong share some tips on how organisations can build the necessary governance culture and internal controls to guard against data privacy risks. The legislative and regulatory landscape for data privacy is changing fast. The...
24 September, 2020
Stephen Kai-yi Wong completed his tenure as Privacy Commissioner for Personal Data, Hong Kong, China (Privacy Commissioner) on 3 August this year. CSj talks to him about the changes he has seen in the privacy protection landscape in Hong Kong over his five-year term...
24 September, 2020
Sharan Gill, writer, lawyer and contributor to CSj, reviews a paper published earlier this year by the Thought Leadership Committee of The Chartered Governance Institute, which looks at one of the most debated and controversial areas in governance – the accountability...
24 September, 2020
Donald Lai ACIS ACS, Solicitor, CPA, argues that there is a need for more clarity on employees’ rights and obligations during search operations of residential premises conducted by the Securities and Futures Commission (SFC). During the current COVID-19 pandemic,...
24 September, 2020
Against the backdrop of the coronavirus pandemic in Hong Kong, Keoy Soo Khim, Angela Law and Kelly Tan, Withers, offer a timely reminder to directors of their duties and liabilities when companies are insolvent or nearing insolvency. No one expected that the culprit...
24 September, 2020
Sherman Yan, Managing Partner and Head of Litigation and Dispute Resolution, ONC Lawyers, reviews a recent Court of First Instance ruling that sends a clear message about the fiduciary duties of non-executive directors and independent non-executive directors. In the...
24 September, 2020
What is your role as a governance professional? ‘I am the Group General Counsel and Company Secretary for CLP Holdings Ltd, where I lead a team of professionals from various disciplines across legal, insurance, governance and sustainability. I am also a current...
24 September, 2020
Data privacy risk – The role of governance professionals Click here or on the cover image below to view or download a pdf of the full edition....
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...
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 case for change – adapting to changing landscape Click here or on the cover image below to view or download a pdf of the full...
13 September, 2017
Li Yang, Vice-President of Overseas Chinese Town (Asia) Holdings Ltd, looks at the governance implications of China’s mixed-ownership reform drive. Mixed-ownership reform – the attempt to encourage a more diversified ownership of China’s state-owned...
13 September, 2017
Yu Tengqun, Board Secretary, General Counsel and Press Spokesman of China Railway Group Ltd, shares his views on the role of the board secretary in corporate governance. In November 2006, I was appointed Board Secretary of China Railway Engineering Corporation. In...
13 September, 2017
The practice of shareholder communications, which is an important part of the board secretary function, has been evolving rapidly in recent years. Li Zhidong FCIS FCS, Company Secretary of CSSC Offshore & Marine Engineering (Group) Company Ltd, shares some best...
13 September, 2017
Kenneth Jiang FCIS FCS(PE), Chief Representative, The Hong Kong Institute of Chartered Secretaries Beijing Representative Office, reviews the work of the Institute on the Mainland in the past year in serving listed companies, promoting corporate governance and...
13 September, 2017
A new guidance note, published by the Institute’s Securities Law and Regulation Interest Group, gives practical guidance on IPO due diligence and the role of company secretaries in helping companies to transition from the private to the public realm. The right...
13 September, 2017
China Update – Special edition Click here or on the cover image below to view or download a pdf of the full...
13 September, 2016
David Graham, Chief Regulatory Officer and Head of Listing at Hong Kong Exchanges and Clearing Ltd, and a speaker at the CGC 2016, offers some thoughts on what environmental, social and governance (ESG) reporting can bring to the table for the Stock Exchange of Hong...
13 September, 2016
In June, the Securities and Futures Commission (SFC) and Hong Kong Exchanges and Clearing Ltd (HKEX) jointly issued a consultation on proposed enhancements to the existing structure for listing regulation in Hong Kong. Brian Ho, Executive Director; and Megan Tang,...
13 September, 2016
Should ethical considerations take precedence over legal requirements? How should professionals address conflicts of interest situations encountered in their work? Dr Brian Lo FCIS FCS, Vice-President and Company Secretary APT Satellite Holdings Ltd, takes a look at...
13 September, 2016
In March this year, the UK implemented its Senior Managers Regime which aims to impose individual accountability for high-level executives in the banking sector. Dr Axel Palmer, Department of Law, The University of the West of England, takes a look at the objectives...
13 September, 2016
Gupinder Assi, Counsel; and Kristi Swartz, Managing Partner, Hong Kong; Bryan Cave, look at due diligence measures organisations in Hong Kong should consider ahead of the implementation of Section 33 of the Personal Data (Privacy) Ordinance which imposes restrictions...
13 September, 2016
Corporate Governance Conference 2016 – Special Edition Click here or on the cover image below to view or download a pdf of the full edition....
14 September, 2015
Corporate governance is just as necessary for charities as it is for their profit-making peers. CSj gets some best practice advice for charities in Hong Kong and looks at the prospects for regulatory reform in this sector. Earlier this year, one of the largest and...
14 September, 2015
In addition to being a former legal counsel to the Li Ka Shing Foundation, Michelle Chow, Consultant, Withers, is one of Hong Kong’s top advisers for charities and trusts, and regularly lectures on philanthropy and charity law issues. It’s not by chance,...
14 September, 2015
CSj takes a look at Hong Kong Exchanges and Clearing’s proposed ‘upgrade’ of its Environmental, Social and Governance Reporting Guide. Mandatory requirements for companies to report on their environmental and social impacts have become a standard...
14 September, 2015
The Contracts (Rights of Third Parties) Ordinance is due to come into force early in 2016. Zoe Chan So Yuen FCS FCIS, Solicitor, examines how companies can make use of the new law in corporate contract management. Many commercial projects, no matter what their size,...
9 September, 2015
Transparency – A charity’s first priority. Click here or on the cover image below to view or download a pdf of the full...
5 September, 2014
David Graham, Chief Regulatory Officer and Head of Listing, Hong Kong Exchanges and Clearing Ltd, outlines the meaning of ‘compliance’ in a principles-based regulatory regime. The purpose of corporate governance regulation is to facilitate effective and...
5 September, 2014
Hong Kong’s compliance landscape changed dramatically in March this year with the implementation of the new Companies Ordinance. Ada Chung, Registrar of Companies, highlights the major changes brought in by the new law in an area of particular relevance to...
5 September, 2014
Regulation is not only about enforcement, argues Securities and Futures Commission (SFC) Chairman Carlson Tong. In an interview with CSj, he talks about the SFC’s new emphasis on guiding, as well as policing, the market. How would you describe the general...
5 September, 2014
This month we launch a new column dedicated to answering your questions on key regulatory and governance issues. In this first Q&A in the series, Wendy Yung, Executive Director and Company Secretary of Hysan Development Company, and a panellist in session three...
5 September, 2014
Corporate Governance Conference 2014 – Special edition. Click here or on the cover image below to view or download a pdf of the full...
5 September, 2013
There are many routes into the Chartered Secretarial profession, but whatever route you take there are a number of key skills you will need to acquire. This month, senior Chartered Secretaries in Hong Kong give tips on how to reach the top of your chosen profession....
5 September, 2013
It’s the end of another busy AGM season, particularly notable this year for a marked increase in ‘against’ votes for some Hong Kong and mainland China-based companies, and for the 29 meetings valiantly held close to a black rain storm in Hong Kong. Lucy...
5 September, 2013
Roy Lo, Deputy Managing Partner, SHINEWING (HK) CPA Ltd, and Gloria So, Manager, SHINEWING Risk Services Ltd, give a brief guide to environmental, social and governance reporting. Environmental, social and governance (ESG) reporting is currently a major issue in the...
5 September, 2013
Corporate governance is based on majority rule, which although efficient, allows for possible abuse by the majority. The law has therefore provided various methods for the protection of minority shareholders. These methods are highly fact-sensitive and minority...
5 September, 2013
The implementation of the new Companies Ordinance (Cap 622) early next year will have many compliance implications for company secretaries in Hong Kong. Ted Tyler, Stefan Lo and Natalie Wong, the Companies Ordinance Rewrite Team, Department of Justice, answer some...
5 September, 2013
Are Hong Kong boards behind the curve when it comes to adopting the latest board support technology? Phillip Baldwin, Head – Hong Kong/ China, ICSA Boardroom Apps Ltd, investigates. Hong Kong is a dynamic, push ahead, go-getting economic mini- powerhouse with a...
5 September, 2013
The company secretary is particularly well-placed to carry out the function of a corporate stakeholder relationship officer (CSRO), argues Professor Mervyn King SC, Chairman of the International Integrated Reporting Council. Companies operate in a completely changed...
5 September, 2013
Q: Do financial institutions in Hong Kong need to comply with FATCA? A: FATCA is a piece of US tax legislation designed to track US nationals who may be avoiding tax liabilities by holding assets (including shares) overseas. The US Internal Revenue Service (IRS)...
5 September, 2013
Career development – Tips on reaching the top Click here or on the cover image below to view or download a pdf of the full...
7 September, 2012
Drafting a law is a complex and costly business so the temptation to borrow, lock stock and barrel, from overseas precedents is great. The principle here, however, should be ‘borrower beware’ because the history of the diffusion of law is littered with...
7 September, 2012
This month CSj gives company secretaries a head-start in preparing for the new Companies Ordinance, gazetted last month, by highlighting the key areas where the new ordinance will impact company secretarial work in Hong Kong. Implementation of the new Companies...
7 September, 2012
Is the institution of the board of directors, which emanates from the 17th century, fit for purpose in today’s dynamic and complex business environment? A prominent line-up of speakers at the Institute’s eighth biennial corporate governance conference,...
7 September, 2012
Andrew Sheng, President of the Fung Global Institute and Chief Adviser to the China Banking Regulatory Commission, is one of Asia’s most respected commentators on global finance and corporate governance. As guest speaker at the HKICS’ latest Members’ Luncheon...
7 September, 2012
The Securities and Futures (Amendment) Ordinance, enacted earlier this year, requires listed companies to disclose price-sensitive information ‘as soon as reasonably practicable’ to the public. One rather significant ‘practical’ impediment to speedy...
7 September, 2012
Consistent with the objectives of The Hong Kong Institute of Chartered Secretaries, this communication is a reminder of some of the salient responsibilities and attributes of a company secretary of a private company incorporated in Hong Kong Residency qualification If...
7 September, 2012
Q: What are Hong Kong Depositary Receipts and how are they different to normal listed securities? A: Hong Kong Depositary Receipts (HDRs) are securities that are listed and traded on the Stock Exchange of Hong Kong. HDRs offer an alternative mechanism for foreign...
7 September, 2012
Cut and paste? – The hazards of legislative borrowing Click here or on the cover image below to view or download a pdf of the full...
