Publications - Deacons

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Non-Hong Kong companies: new disclosure requirements

20 June 2019, Commercial Advisory , Corporate Services , Corporate and M&A, Legal Alert

On 17 June 2019, the Companies Registry announced that the Non-Hong Kong Companies (Disclosure of Company Name, Place of Incorporation and Members’ Limited Liability) Regulation… LEARN MORE

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A brief discussion on laws in Hong Kong and China regarding cross-border marriage

19 June 2019, Family Law, Legal Alert, by Cecilia Lau, Yuet Wa Chan, Paul Kwan,

Introduction Cross-border marriage between individuals from Hong Kong and Mainland China has become increasingly common in recent years, as Hong Kong and the Mainland have developed… LEARN MORE

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Triumph of the Rainbow: CFA recognises spousal benefits and joint-tax right for same-sex married couples

11 June 2019, Employee Benefits & Incentives , Employee Disputes , Employment & Pensions, Legal Alert, by Elsie Chan,

After the issue of whether same spousal benefits and tax reporting rights shall equally apply to same-sex married couples had been vigorously argued in the Court of First Instance… LEARN MORE

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Deeper data compliance and protection requirements – China releases Data Security Management Measures (draft for public comments)

10 June 2019, Data Protection & Privacy , China Trade & Investment, Legal Alert, by Sean Wang, Myles Seto,

Data security is one of the key emphases prescribed under China’s Cyber Security Law (CSL), which came into force in 2017. On 28 May 2019, the Cyberspace Administration of China… LEARN MORE

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New registration requirement under the Class Licence for Offer of Telecommunications Services

05 June 2019, Commercial Advisory , Corporate and M&A, Legal Alert

On 26 April 2019, the Office of the Communications Authority (OFCA) issued a statement introducing certain amendments to the current Class Licence for Offer of Telecommunications… LEARN MORE

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Hong Kong Stock Exchange introduces specific suspension requirement for listed issuers with disclaimer or adverse audit opinions

30 May 2019, Equity , Capital Markets, Legal Alert, by Peter Cheng, Gary Wong, Kelvan Cheung, Maynard Leung, Ronny Chow, Eugina Chan, Alexander Que, Sabrina Fung, Rhoda Yung,

On 24 May 2019, The Stock Exchange of Hong Kong Limited (Exchange) released its conclusions on the consultation paper published last September on the proposal to introduce a specific… LEARN MORE

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Hong Kong Stock Exchange puts more emphasis on new applicants’ / listed companies’ disclosures on ESG matters and board gender diversity

24 May 2019, Equity , Capital Markets, Legal Alert, by Peter Cheng, Gary Wong, Kelvan Cheung, Maynard Leung, Ronny Chow, Eugina Chan, Alexander Que, Sabrina Fung, Rhoda Yung,

On 17 May 2019, The Stock Exchange of Hong Kong Limited (Exchange) published a consultation paper “Review of the Environmental, Social and Governance Reporting Guide and related… LEARN MORE

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First two Judgments in the history of Hong Kong competition law - four IT firms and ten renovation contractors found guilty

20 May 2019, Competition, Legal Alert, by Sharon Pang, Machiuanna Chu,

On May 17, 2019, the Competition Tribunal handed down judgments for its first two cases. Four of the five respondents in the first case (“YWCA Case”), and all ten respondents… LEARN MORE

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China upgrades its national standard on personal data protection

09 May 2019, Data Protection & Privacy , Intellectual Property, Legal Alert, by Andy Yu, Dora Si,

Since the implementation of the Cyber Security Law and the Personal Information Security Specification (PIS), Chinese regulators have intensified their efforts to tackle unacceptable… LEARN MORE

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New development on MNC cash pool

23 April 2019, China Trade & Investment , Commercial Advisory , Investing in China , Corporate and M&A, Legal Alert, by Shelley Liang, Myles Seto,

On 15 March 2019, the State Administration of Foreign Exchange (SAFE) promulgated the Administrative Provisions on the Centralised Operation of Cross-Border Funds of Multinational… 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 - 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:

			4.7.1	Deacons may continue to use personal data of clients for its marketing purposes after 1 April 2013 without their express consent if, prior to 1 April 2013, it had (i) sent them a copy of its Personal Information Collection Statement and (ii) used their personal data for marketing purposes without objection. However, these clients still have the right at any time to send a notice to Deacons requesting Deacons to cease using their personal data for these purposes and Deacons will honour such requests promptly.

			4.7.2	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;

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