Publications - Deacons

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New development in insurance regime: Insurance Amendment Bill and Insurance Amendment (No. 2) Bill

27 May 2020, Insurance commercial, advisory and regulatory , Insurance, Legal Alert, by John Richardson,

Two new bills, the Insurance Amendment Bill and the Insurance Amendment (No. 2) Bill have recently been gazetted making significant changes to the regulatory regime for insurance… LEARN MORE

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Court of Appeal reminds practitioners and litigants of their duty to proceed promptly when making interlocutory applications in an appeal

22 May 2020, Litigation & Dispute Resolution, Newsletter, by Michelle Li,

In 鄧錦祥 v 鄭鄧錦容 , CACV 370/2019, the Hong Kong Court of Appeal exercised its discretion to dismiss the Respondent’s late application for security for costs and reminded litigants… LEARN MORE

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A trustees’ right to obtain information from solicitors firms under Section 29 of the Bankruptcy Ordinance

22 May 2020, Litigation & Dispute Resolution, Newsletter, by Cathy Wu, Richard Hudson,

Section 29 of the Bankruptcy Ordinance (Cap. 6) (BO) allows a trustee in bankruptcy to apply to the Courts for orders compelling disclosure of material documents and/or information… LEARN MORE

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Court provides guiding principles on interpreting a Memorandum of Understanding

22 May 2020, Litigation & Dispute Resolution, Newsletter, by Genevieve Lam,

In Da Shing Group Ltd v Rich Promise Limited [2020] HKCFI 588[1], the Hong Kong Court of First Instance provided guiding principles in the interpretation of a memorandum of understanding… LEARN MORE

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Government announces penalty formula of the Employment Support Scheme

20 May 2020, Employee Benefits & Incentives , Employment & Pensions, Legal Alert, by Cynthia Chung,

The government has rolled out a series of measures to relieve the economic impact brought about by the COVID-19 pandemic. Introduced under the second round Anti-epidemic Fund,… LEARN MORE

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Some lessons to be learned from recent SFC enforcement actions

19 May 2020, SFC Compliance & Licensing , Securities and Futures Commission , Regulatory , Anti-Money Laundering , Investment Funds, Newsletter, by Rory Gallaher,

Despite the restrictions on activity affecting Hong Kong since the beginning of the year, there have been several enforcement cases reported which can provide some useful lessons… LEARN MORE

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Hong Kong SFC licensing and compliance hints

19 May 2020, SFC Compliance & Licensing , Securities and Futures Commission , Investment Funds, Newsletter, by Isabella Wong,

Can electronic signatures be used for SFC licensing applications? No, currently, applicants still need to provide wet signatures in a prescribed manner for their licensing applications… LEARN MORE

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Financial Review of the Securities Industry for 2019

19 May 2020, Securities and Futures Commission , Investment Funds, Newsletter, by Connie Chan

On 16 March 2020, the Securities and Futures Commission (SFC) published its 2019 Financial Review of the Securities Industry. This is an annual review which contains statistical… LEARN MORE

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Another case on suitability and inadequacies in the fund sales process results in HK$7 million fine

19 May 2020, SFC Compliance & Licensing , Securities and Futures Commission , Regulatory , Investment Funds, Newsletter, by Rory Gallaher,

The Securities and Futures Commission (SFC) issued a circular on 27 March 2020 reminding the industry of the importance of compliance with the suitability obligation. Deacons’… LEARN MORE

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SFC enforcement action for multiple breaches results in HK$19.6 million fine

19 May 2020, SFC Compliance & Licensing , Securities and Futures Commission , Regulatory , Anti-Money Laundering , Investment Funds, Newsletter, by Rory Gallaher,

In a recent enforcement action, the Securities and Futures Commission (SFC) issued a public reprimand and a HK$19.6 million fine to a licensed corporation (LC) for a range of… LEARN MORE

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MEDIA CONTACT

1	It is often necessary for individual clients or (where clients are businesses, incorporated or otherwise) their individual representatives (including without limitation directors, other officers, employees and staff members of client businesses) (in this statement these individual representatives will, for the sake of brevity, also be referred to generally as “clients” and, in paragraph 4.7(b) below, as "Representatives") to supply Deacons with data about themselves in connection with Deacons’ provision of legal advice and services to those clients. These data may include copies, and other details, of identity documents, proof of address, other contact details, and proof of authority to instruct Deacons.

2	Failure to supply such data may result in Deacons being unable to provide clients with the legal services, or generally to give clients the legal advice, requested.

3	It is also the case that Deacons collects data from clients in the ordinary course of the client-solicitor relationship on an ongoing basis.

4	The purposes for which personal data relating to a client may be used are as follows:

	Obligatory purposes - if a client does not want Deacons to use his personal data for any of the purposes listed in paragraphs 4.1 to 4.6 below (inclusive), Deacons will not be able to provide the legal services, or give the legal advice, requested

	all kinds of personal data about a client will be used for -

		4.1	the provision of legal advice and services to the client in accordance with the instructions of the client and as Deacons may otherwise deem appropriate or necessary;

		4.2	designing legal services or related products for clients’ use;

		4.3	collection of outstanding fees from clients;

		4.4	meeting the requirements to conduct client identification and verification and to make disclosure under the requirements of any law, guideline, code of practice or practice direction binding on, or applicable to, Deacons or any of its branches or associated firms or offices including, but not limited to, any such law, guideline, code or practice direction relating to anti-money laundering and anti-terrorism;

		4.5	purposes specifically provided for in any particular service offered by Deacons;

		4.6	purposes directly related to any of the above;

			the client's name and contact details (including but not limited to office address, telephone number and email address) provided by the client to Deacons will be used for -

		4.7	marketing Deacons' own legal services and/or related products.

			If a client does not want Deacons to use his personal data for the purposes mentioned in paragraph 4.7 above, he may write to or email the officer named at the end of this statement, indicating his decision and/or return a copy of this statement to that officer.

			IMPORTANT NOTES about Deacons marketing:

				All marketing in relation to Deacons legal services and related products to Representatives is sent to them in their official capacity as representatives of the client business for whom they work or represent and not in their individual capacity.

5	Data held by Deacons relating to a client will generally be kept confidential but Deacons may provide such information for the above purposes to:

		5.1	any other branch or associated firm or office of Deacons;

		5.2	a government agency such as the Hong Kong Police, the Hong Kong Customs and Excise Service, the Hong Kong Immigration Service and the Independent Commission against Corruption, if Deacons knows or suspects that any person is engaged in drug trafficking, terrorism or any other serious crime or handling the proceeds of crime or that any property constitutes terrorist property; in this case, the obligation to report to the authorities may override Deacons' confidentiality obligations;

1	For people intending on applying for jobs within Deacons you should aware that it is necessary for staff members ('data subjects') to supply the Firm with data about themselves and sometimes also their family members from time to time in connection with their employment.

2	Failure to supply such data will result in the Firm being unable to operate its practice properly and may affect a data subject's employment prospects with the Firm and even result in dismissal.

3	The purposes for which data relating to data subjects are to be used are as follows:

	3.1	identification and determination of eligibility for employment in Hong Kong generally and qualifications relevant to data subject's employment with the Firm in particular;

	3.2	assessing work performance, attendance and disciplinary record;

	3.3	reviewing salaries, bonuses and other benefits;

	3.4	consideration of eligibility for staff loans;

	3.5	providing employee references;

	3.6	disclosure to immigration authorities - in relation to employment visa, where required;

	3.7	disclosure to tax authorities in the ordinary course of business;

	3.8	all other matters relating to employment of a data subject.

4	Data held by the Firm relating to data subjects will be kept confidential but the Firm is authorised to provide such information to:

	4.1	any person when the Firm is compelled to make disclosure under the requirements of any law binding on it or any of its branches, including, without limitation, tax authorities;

	4.2	any person with the express or implied consent of the data subject;

	4.3	any person where the interests of the Firm require disclosure;

	4.4	any person where the public interest requires disclosure;

	4.5	any agent, contractor, or third party service provider who provides administrative, telecommunications, computer or other services to the Firm in connection with the operation of its practice;

	4.6	any other person under a duty of confidentiality to the Firm including member of Deacons and other associated law firms and related business which has undertaken to keep such information confidential;

	4.7	persons seeking employee reference;

	4.8	Personnel Department staff of the Firm and supervisors of the data subject during the course of his/her employment; and