Using AI While Safeguarding Personal Data Privacy in Hong Kong
Learn how organizations can adopt ethical AI practices with the Privacy Commissioner’s new framework
Using AI While Safeguarding Personal Data Privacy in Hong Kong_enAuthor: JML
Emerging Compliance Challenges for Hong Kong Companies in Offshore Jurisdictions
Emerging Compliance Challenges for Hong Kong Companies in Offshore Jurisdictions
The evolving regulatory landscape in offshore jurisdictions presents both challenges and opportunities for Hong Kong companies
Emerging Compliance Challenges for Hong Kong Companies in Offshore Jurisdictions_enHow to Structure a Return Guarantee that Survives an IPO for a Pre-IPO Private Equity Investor
Financial Services Regulatory Update 2024/12/20
- Hong Kong Government Publishes Stablecoins Bill to Establish Regulatory Framework for Stablecoins
- The Stock Exchange of Hong Kong Limited Concludes Consultation on Review of the Corporate Governance Code and Related Listing Rules, with Changes Applicable to Corporate Governance Reports and Annual Reports for Financial Years Commencing on or after July 1, 2025, and Updates its New ESG Regulatory Focuses
- The Stock Exchange of Hong Kong Limited Presents Results of Review of Issuers’ 2023 Annual Reports and Publishes New Comprehensive Guidance
- The Stock Exchange of Hong Kong Limited Releases the 2024 Analysis of ESG Practice Disclosure
- Hong Kong Securities and Futures Commission Publishes Quarterly Report on Greater Connectivity Driving Hong Kong’s Capital Markets Forward
- Hong Kong Exchanges and Clearing Limited Introduces New Post-Trade Services on Orion Cash Platform – Technically Ready to Support T+1 Settlement by End of 2025
- Hong Kong Exchanges and Clearing Limited Introduces Fund Repository on Integrated Fund Platform, enhancing transparency of fund information
- Hong Kong Court Verdict on Conspiracy to Defraud Listed Issuer, its Board and Shareholders over Secret Backdoor Listing
- Hong Kong Market Misconduct Tribunal Sanctions Former Chairman and CEO of China Forestry Holdings Company Limited for Market Misconduct, Ordering the Former CEO to Disgorge a Substantial Sum of HKD 353,430,000
- Hong Kong Government Launches Roadmap on Sustainability Disclosure in Hong Kong
- Hong Kong Government Welcomes Passage of Stamp Duty Legislation (Miscellaneous Amendments) Bill 2024
Succession Planning in Family-Owned SMEs: Practical Strategies for Hong Kong Business
Succession Planning in Family-Owned SMEs: Practical Strategies for Hong Kong Business
Succession Planning in Family-Owned SMEs Practical Strategies for Hong Kong Business_enFinancial Services Regulatory Update 2024/11/29
- Hong Kong Government Amended Stamp Duty Legislation to Waive the Stamp Duty Payable on the Transfer of Units of Real Estate Investment Trusts and the Jobbing Business of Options Market Makers, and to Provide for a Revised Stamp Duty Collection Arrangement Upon the Implementation of the Uncertificated Securities Market Regime in Hong Kong
- Hong Kong Government Welcomes First Batch of Brokers Joining Cross-Boundary Wealth Management Connect
- Hong Kong Exchanges and Clearing Limited to Digitalize Exchange-Traded Products Servicing Capabilities with Online Platform
- Hong Kong Securities and Futures Commission Holds Forum to Encourage Responsible Regtech Adoption for Anti-money Laundering and Counter-financing of Terrorism
- Hong Kong Securities and Futures Commission Sets Out Vision to Foster a Vibrant Fintech Ecosystem in Hong Kong
- Hong Kong Securities and Futures Commission and the Independent Commission Against Corruption Jointly Combat Share Options Fraud
- Hong Kong Accounting and Financial Reporting Council Publishes 2023-24 Annual Report
- Hong Kong Monetary Authority Penalizes Fubon Bank (Hong Kong) Limited for Anti-Money Laundering Failures
- Hong Kong Securities and Futures Commission Concludes Consultation and Publishes Guidelines for Market Soundings Which will Come into Effect on May 2, 2025
Financial Services Regulatory Update 2024/10/25
- Hong Kong Securities and Futures Commission Flags Asset Manager Misconducts in Managing Private Funds and Discretionary Accounts
- Hong Kong Financial Services and Treasury Bureau and Bloomberg Establish Strategic Collaboration to Enhance Hong Kong’s Family Office Ecosystem
- Hong Kong Securities and Futures Commission and The Stock Exchange of Hong Kong Limited Issues Joint Statement on Enhanced Timeframe for New Listing Application Process
- Highlights of the Hong Kong Chief Executive’s 2024 Policy Address
- Hong Kong Securities and Futures Commission Issues Takeovers Bulletin to Remind on Need to Factor in E-Submission System Registration Time and Severe Weather Arrangements
- Hong Kong Accounting and Financial Reporting Council Calls on Auditors and Audit Committees to Strengthen Independence Safeguards around Procurement and Purchases from Audit Clients
- Hong Kong Securities and Futures Commission Welcomes Voluntary Code of Conduct for ESG Ratings and Data Products Providers
- Hong Kong Securities and Futures Commission Implements New Public Fund Depositaries Regime: Key Changes for Hong Kong’s Asset Management Sector
- Hong Kong Securities and Futures Commission Concludes Consultation on Proposals to Enhance Real Estate Investment Trusts Regime and Securities and Futures Ordinance Market Conduct Regime for Listed Collective Investment Schemes
- Hong Kong Standing Committee on Company Law Reform Publishes Annual Report Supporting Paperless Corporate Communication for Hong Kong Companies
- Hong Kong Accounting and Financial Reporting Council Publishes Audit Focus for 2024 Year-end Audits to Remind Auditors of Financial Reporting and Audit Risks
- Hong Kong Monetary Authority Publishes “Half-Yearly Monetary and Financial Stability Report” to Analyze the Current Hong Kong Financial Conditions
- Hong Kong Monetary Authority Publishes “Quarterly Bulletin About Regulatory Regime for Stablecoin Issuers in Hong Kong” Promote the Development of Stablecoins
- Hong Kong Securities and Futures Commission Commences Market Misconduct Tribunal Proceedings Against Dickson Poon
- CSC Futures (HK) Limited and Zheshang International Financial Holdings Co Fined by Hong Kong Securities and Futures Commission for Regulatory Breaches
- Hong Kong Financial Services and Treasury Bureau Publishes Consultation Conclusions on Promoting Paperless Corporate Communication for Hong Kong Companies
Financial Services Regulatory Update 2024/09/26
- Hong Kong Securities and Futures Commission Secures First-of-its-kind Settlement to Compensate Public Shareholders of Combest Holdings Limited
- PRC National Financial Regulatory Administration Issued Notices to Expand the Pilot Scope of Equity Investment in Financial Asset Investment Companies from Shanghai to 18 Cities Including Beijing and Shenzhen and Relaxed Restrictions on the Amount and Proportion of Equity Investment
- Hong Kong Accounting and Financial Reporting Council Emphasizes the Importance of Maintaining the Quality of Cross-Border Audit Services While Noting the Ministry of Finance’s Imposed Administrative Sanctions against Mainland Audit Firm PricewaterhouseCoopers Zhong Tian LLP for its Serious Infractions in the Audit Work on Hengda Real Estate Group Co Ltd.
- Joint Announcement of the Hong Kong Securities and Futures Commission and the Stock Exchange of Hong Kong Limited in Relation to Modifications to Requirements for Specialist Technology Companies and De-SPAC Transactions; Amendments to the Guide for New Listing Applicants Effective on 1 September 2024
- Hong Kong Accounting and Financial Reporting Council’s 2024 Oversight Report Identifies Improvement Areas for the HKICPA to Support the Development of the Accounting Profession
- Hong Kong Securities and Futures Commission Announces Arrangements to Facilitate Distribution of Research Reports of Eligible ETFs under Stock Connect
- Hong Kong Monetary Authority Launches Project Ensemble Sandbox to Promote Tokenization in Hong Kong with Hong Kong Securities and Futures Commission
- Hong Kong Securities and Futures Commission Releases Quarterly Report: Hong Kong Sees a Quarter of Broad Market Growth, Firmer Ties and Regulatory Progress
- Hong Kong Securities and Futures Commission, Hong Kong Independent Commission Against Corruption and Macao Judiciary Police Conduct Joint Operation Against Suspected Cross-Boundary Fraud and Misconduct in Listed Company
- Hong Kong Securities and Futures Commission Releases New Quick Reference Guides for Visiting and Returning Professionals to Highlight Pragmatic Licensing Options
- The Hong Kong Monetary Authority Fines WeChat Pay Hong Kong Limited for Anti-Money Laundering Lapses
- Hong Kong Exchanges and Clearing Limited Introduces Gold Standard’s Verified Emission Reductions
Financial Services Regulatory Update 2024/08/23
- Hong Kong Legislative Council Discusses Waiver of Stamp Duty for Transfer of REIT Units and Jobbing Business of Options Market-makers
- Hong Kong Advances Comprehensive Regulatory Framework for Stablecoin Issuers and Uncertificated Securities Market
- Hong Kong to Enhance Digital Asset Regulation in 18 Months
- Hong Kong Monetary Authority Publishes the Consultation Conclusions on Review of Three-Tier Banking System
- Hong Kong Insurance Authority Inspection Results in Enhancements to Anti-money Laundering Controls and Processes and Fine
- Hong Kong Monetary Authority Issues a Report on Its Review of Virtual Banks
- Hong Kong Securities and Future Commission and Insurance Authority Join Forces to Tackle Cross-sector Irregularities
- The Stock Exchange of Hong Kong Limited Publishes Consultation Paper on a New Phase of Paperless Listing Reforms
- Hong Kong’s Securities and Futures Commission Consults on Proposals to Abolish Mixed Media Offers
- Hong Kong Accounting and Financial Reporting Council and the Supervision and Evaluation Bureau of the Ministry of the People’s Republic of China Enhances Cross-border Regulatory Collaboration to Improve the Effectiveness in Audit Regulation
- The Monetary Authority of Singapore Sets Up Review Group to Strengthen Equities Market Development
- Federal Trade Commission of United States Outlines Remedy Concerns in Amicus Brief After Jury Finds Google Illegally Monopolized App Store
Due Diligence Requirements for Corporate Finance Advisers
Corporate finance advisers in Hong Kong are required to comply with various due diligence requirements. The Securities and Futures Commission(“SFC”) issued the Corporate Finance Adviser Code of Conduct (“CF Code”) and the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission (“Code of Conduct”), and the Stock Exchange of Hong Kong Limited (“HKEX”) issued the Rules Governing the Listing of Securities on The Stock Exchange Of Hong Kong Limited (“Main Board Listing Rules”) and the Rules Governing the Listing of Securities on the Growth Enterprise Market of The Stock Exchange of Hong Kong Limited (“GEM Listing Rules”, together with the Main Board Listing Rules, the “HKEX Listing Rules”). These requirements are aimed at ensuring that the advisers have conducted sufficient research and analysis to provide accurate and reliable advice to their clients. For example, corporate finance advisers are required to obtain detailed information about their clients and their business structure, ownership, and financial position, conduct industry research and financial analysis relating to client’s businesses and make sure the clients comply with all relevant regulations, including the Securities and Futures Ordinance, the Takeovers Code, and the HKEX Listing Rules.
The Monetary Authority of Singapore (“MAS”) recently issued the Notice on Business Conduct Requirements for Corporate Finance Advisers (“Notice”) on 23 February 2023. At the end of this article, we will compare the due diligence requirements set out in this notice with those of Hong Kong.
Due Diligence Requirements for Corporate Finance Advisers 2023040809Recent Regulatory Developments and Risks regarding Offshore Jurisdictions of Listed Issuers
Financial Services Regulatory Update 2024/07/26
- Significant Proposals by The Stock Exchange of Hong Kong Limited to Enhance the Corporate Governance Code
- Hong Kong Exchanges and Clearing Limited Announces Implementation of Severe Weather Trading from September 23, 2024
- Hong Kong Securities and Futures Commission Issues New Practice Notes to Enhance Transparency and Efficiency in Transactions
- Hong Kong Securities and Futures Commission Sets Clear Timeline for Implementing an Uncertificated Securities Market in Hong Kong and Launches New Online Application And Submission System for Investment Products
- Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority Welcome People’s Bank of China’s New Measure on Northbound Swap Connect Margin Collateral Arrangement
- Hong Kong Financial Services and the Treasury Bureau and Hong Kong Monetary Authority Jointly Release Consultation Conclusions on Regulatory Regime for Stablecoin Issuers
- Hong Kong Accounting and Financial Reporting Council Emphasizes Full Compliance with Laws and Regulations for Auditors in Hong Kong
- Hong Kong Accounting and Financial Reporting Council Calls to Improve the Quality of Financial Reporting and Audit in Hong Kong
- Hong Kong Accounting and Financial Reporting Council Emphasizes the Importance of Tone at the Top
- Hong Kong Competition Commission Combats Anti-competitive Conduct Relating to Government Subsidy Scheme
- Hong Kong Privacy Commissioner for Personal Data Finds that the Operation of the Worldcoin Project in Hong Kong Contravenes the Personal Data (Privacy) Ordinance
Implications of Share Award Schemes in the Context of a Listed Company’s Takeover
Financial Services Regulatory Update 2024/06/15
- New Era of Paperless Rights Issues and Open Offers in Hong Kong
- Hong Kong Privacy Commissioner for Personal Data Publishes “Artificial Intelligence: Model Personal Data Protection Framework”
- Updated Guide by The Stock Exchange of Hong Kong Limited on Listed Issuers’ Spin-off Proposals
- Hong Kong Securities and Futures Commission Welcomes Progress on Implementation of Mainland-Hong Kong Mutual Recognition of Funds Enhancements
- “Deemed-to-be-Licensed” Virtual Asset Trading Platform Applicants are Not Yet Licensed by Hong Kong Securities and Futures Commission
- Hong Kong Securities and Futures Commission Adopts Treasury Units Regime for Authorized Real Estate Investment Trusts
- Update on Streamlined Requirements for Eligible ETFs Adopting a Master-Feeder Structure in Hong Kong
- China’s People’s Bank of China and State Administration for Market Regulation Introduce New Beneficiary Ownership Information Filing System
JML Response to SFC Consultation on REIT Schemes and CISs Enhancements
JML Response to SFC Consultation on REIT Schemes and CISs Enhancements
We welcome and are generally in support of the proposals outlined in the SFC Consultation Paper (“Consultation Paper”) in March 2024 on (i) introducing a statutory scheme of arrangement and compulsory acquisition mechanism for real estate investment trusts (“REITs”) and (ii) enhancing the SFO market conduct regime for listed collective investment schemes (“CISs”).
We believe the proposals will be conducive to addressing a current gap in the regulatory framework for REITs listed in Hong Kong. The proposals will also more closely align the treatment of REITs with comparable international markets such as Australia and Singapore. The proposed enhancements to CISs are also welcome.
Our responses to the questions raised in the Consultation Paper are set out below.
JML Response to SFC Consultation on REIT Schemes and CISs Enhancements 20240524Financial Services Regulatory Update 2024/05/24
- People’s Bank of China, Hong Kong Securities and Futures Commission, and the Hong Kong Monetary Authority Jointly Release Enhancements, and Hong Kong Exchanges and Clearing Limited Implements Enhancement on Swap Connect to Advance High-quality Opening-up of China’s Financial Markets
- Regulatory Concerns Against Greenwashing in Hong Kong
- Hong Kong Exchanges and Clearing Limited Publishes Updated Guide for New Listing Applicants
- Hong Kong Exchanges and Clearing Limited Publishes Regrouped Frequently Asked Questions for Debt Securities Issuers
- Hong Kong Exchanges and Clearing Limited Publishes New and Regrouped Frequently Asked Questions for Structured Products Issuers
- Hong Kong Exchanges and Clearing Limited Publishes Enforcement Bulletin April 2024
- Hong Kong Monetary Authority Extends Green and Sustainable Finance Grant Scheme, Expands Scope to Cover Transition Finance
- Hong Kong Government and Hong Kong Securities and Futures Commission Extend Grant Scheme for Open-ended Fund Companies and Real Estate Investment Trusts
- Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority Hong Kong Monetary Authority Publish Joint Circular on Thematic Review of Non-Exchange Traded Investment Product Distribution
- Cayman Islands Government Publishes the Anti-Money Laundering (Amendment) Regulations, 2024
Financial Services Regulatory Update 2024/04/26
- Hong Kong Securities and Futures Commission Obtains Compensation and Disqualification Orders Against Former Director and Chief Financial Officer of Changgang Dunxin Enterprise Company Limited for Failure to Detect and Prevent Asset Misappropriation by its Chairman
- Hong Kong Securities and Futures Commission Suspends Dealings in Tianyun International Holdings Limited Shares Over Massive Missing Corporate Funds
- Hong Kong Insurance Authority and the Hong Kong Independent Commission Against Corruption Conduct First Joint Operation Against Suspected Unlicensed Selling to Mainland Visitors
- The Stock Exchange of Hong Kong Limited Publishes Conclusions on Proposed Amendments to Listing Rules Relating to Treasury Shares
- Hong Kong Exchanges and Clearing Limited Publishes Conclusions on Climate Disclosure Requirements
- Hong Kong Monetary Authority and the Hong Kong Securities and Futures Commission Initiate Further Consultation on Enhancements to Hong Kong’s Over-The-Counter Derivatives Reporting Regime
- Hong Kong Securities and Futures Commission Consults on Proposals to Enhance REIT Regime and Securities and Futures Ordinance Market Conduct Regime for Listed Collective Investment Schemes
Financial Services Regulatory Update 2024/03/28
- Establishing an Effective Regulatory Ecosystem for Fund Management in Hong Kong
- Recent Trend of Privatization in Hong Kong
- Hong Kong Government Opens the New Capital Investment Entrant Scheme for Application
- Hong Kong Securities and Futures Commission’s Quarterly Report Reveals Surge in Net Inflows to Investment Funds in Hong Kong
- Hong Kong Government Adjusts Business Registration Fees and Waives the Business Registration Levy
- Hong Kong Government Gazettes Inland Revenue (Amendment) Bill (Tax Concessions and Two-tiered Standard Rates) Bill 2024 with Tax Concessions and New Rate Structure
- Hong Kong Accounting and Financial Reporting Council Reprimands Chan Steven Kwok Keung and Sino Corp CPA Limited and Imposes Pecuniary Penalties Totaling HK$100,000 for CPA Misconduct
- Hong Kong Securities and Futures Commission and Hong Kong Exchanges and Clearing Limited Collaborate in Enforcement Action Against Two Former GEM-Listed Company Directors for Misconduct
- Hong Kong Securities and Futures Commission Reminds Public Virtual Asset Trading Platforms Application Period Has Ended Under Transitional Arrangements
- Cayman Islands Updates Beneficial Ownership Regime – Balancing Transparency and Privacy
Financial Services Regulatory Update 2024/02/29
- Hong Kong Government Welcomes European Union’s Removal of Hong Kong from Watchlist on Tax Co-operation
- Hong Kong Securities and Futures Commission Publishes a Research Paper Reviewing Global and Local Securities Markets in 2023
- Hong Kong Exchanges and Clearing Limited Publishes Results of Review of Issuers’ 2022 Annual Reports
- Hong Kong Securities and Futures Commission Urges Investors to Check Regulatory Status of Virtual Asset Trading Platforms as Transition Period Will End Soon
- Hong Kong Securities and Futures Commission Issues Guidance to Eligible Licensed Corporations on Participation in Wealth Management Connect Scheme
- Hong Kong Securities and Futures Commission Sets Out Three-Year Strategic Priorities
- Hong Kong Accounting and Financial Reporting Council Publishes the Latest Issue of its Quarterly Report
- Hong Kong Government Launches Consultation on Legislative Proposals to Regulate Over-the-Counter Trading of Virtual Assets
Financial Services Regulatory Update 2024/01/26
- Hong Kong Continues to Drive Initiatives to Support Capitalizing Sustainable Finance Opportunities in the Asia-Pacific Region
- Implications and Significance of the Latest Listing Rule Changes for Listed Issuers
- Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority Issues Joint Circular on Intermediaries’ Virtual Asset-related Activities
- Hong Kong Securities and Futures Commission Warns Public of Unauthorized Investment Product and Suspected Virtual Asset-Related Fraud
- Hong Kong Exchanges and Clearing Limited Publishes Its 2023 Year in Review
- Hong Kong Accounting and Financial Reporting Council Issues 2023 Audit Focus to Enhance Audit Quality Amid Challenging Market Conditions
- Hong Kong Accounting and Financial Reporting Council Highlights the Importance of Continuous Professional Development in Ensuring Audit Quality and Managing Talent
- Hong Kong Market Misconduct Tribunal Sanctions Mayer Holdings Limited and Its Former Senior Management for Late Disclosure of Inside Information
- Consultation on Implementation of Global Minimum Tax and Minimum Top-Up Tax in Hong Kong
- Hong Kong Financial Services and the Treasury Bureau and Hong Kong Monetary Authority Issue Consultation on Legislative Proposal to Implement Regulatory Regime for Stablecoin Issuers and Announcement on Introduction of Sandbox Arrangement