Publications - Deacons

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Hong Kong Court laid down principles for service out of examination orders on officers of corporate judgment debtors

13 January 2021, Litigation & Dispute Resolution, Newsletter, by Peter So, Victor Wong

In Changfeng Shipping Holdings Limited v Sinoriches Enterprises Co., Limited HCCT 59/2019; [2020] HKCFI 2703, the Hong Kong Court of First Instance laid down the principles applicable… LEARN MORE

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Proprietary relief not to be taken for granted in cyber fraud cases: Hong Kong Court rules the need for Plaintiff to show ownership of the property

13 January 2021, Litigation & Dispute Resolution, Newsletter, by Cathy Wu,

In recent years, it seems that plaintiffs in cyber fraud cases are used to the Court rubber-stamping their applications for default judgment seeking declaratory relief. However,… LEARN MORE

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Recent developments in Cross-border insolvency law

13 January 2021, Litigation & Dispute Resolution, Newsletter, by Judy Wu, Richard Hudson,

Two recent decisions of the Honourable Mr Justice Harris are helpful additions to the growing amount of case law in this jurisdiction dealing with cross-border insolvency issues… LEARN MORE

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Hong Kong to introduce Corporate Rescue Bill in early 2021

13 January 2021, Litigation & Dispute Resolution, Newsletter, by Adeline Ng, Richard Hudson,

At present, Hong Kong does not have any statutory corporate rescue regime. A financially distressed company may try to rescue its business by entering into (i) private debt restructuring… LEARN MORE

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Noteworthy Developments in Competition Law 2020

12 January 2021, Competition , Securities and Futures Commission , Litigation & Dispute Resolution , Regulatory, Legal Alert, by Sharon Pang, Machiuanna Chu,

Despite the pandemic, 2020 has been a busy year in the competition law space in Hong Kong. The year started off with the Hong Kong Competition Commission (“Commission”) commencing… LEARN MORE

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Human Resources & Compliance in New Era of China Civil Code and Judicial Interpretations

11 January 2021, China Trade & Investment , Investing in China , Cross-Border Employment, Legal Alert, by Helen Liao,

Along with the implementation of Civil Code of the People’s Republic of China (“Civil Code”), which came into effect on 1 January 2021, several judicial interpretations have been… LEARN MORE

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The Impact of “EU-China Comprehensive Agreement on Investment” on Employment in China

08 January 2021, China Trade & Investment , Investing in China , Cross-Border Employment, Legal Alert, by Helen Liao,

On 30 December 2020, China and European Union (“EU”) concluded in principle the EU-China Comprehensive Agreement on Investments (“CAI”), a bilateral treaty that will replace existing… LEARN MORE

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Rome was not built in a day – It’s never too early to review your personal data protection practice in China!

06 January 2021, Intellectual Property, Legal Alert, by Dora Si, Andy Yu

Did you know? The long-awaited draft of the Personal Data Protection Law (PDPL) was released for public consultation in October 2020. If enacted, it will be the first comprehensive… LEARN MORE

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Special arrangement for Visa Extension Application from overseas

06 January 2021, Employee Benefits & Incentives , Work & Residence Visas , Employment & Pensions, Legal Alert, by Vickie Leung,

In general, individuals admitted into Hong Kong under various types of visa may apply for extension of stay within four weeks before the date of expiry, and they must be physically… LEARN MORE

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Post Brexit: How Are Your Trade Marks Impacted?

24 December 2020, Intellectual Property, Legal Alert, by Patsy Lau, Justin Ho,

The Agreement on the Withdrawal of the United Kingdom (UK) from the European Union (EU) provides for a transition period ending on 31 December 2020. Thereafter, EU trade marks… 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