Publications - Deacons

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Hong Kong Stock Exchange consults on paperless IPO and online display of documents

03 August 2020, Equity , Capital Markets, Legal Alert, by Peter Cheng, Gary Wong, Kelvan Cheung, Maynard Leung, Ronny Chow, Eugina Chan, Canny Lau, Alexander Que, Sabrina Fung, Rhoda Yung,

On 24 July 2020, The Stock Exchange of Hong Kong Limited (Exchange) published a consultation paper seeking public feedback on proposals to introduce a paperless listing and subscription… LEARN MORE

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Boring but important: new law requires Applicant Type and Place of Incorporation on trade mark filing

30 July 2020, Trade Marks , Intellectual Property, Legal Alert, by Loretta Lau, Emmy Chow,

Did you know? The Trade Marks (Amendment) Ordinance 2020 (the “Amendment Ordinance”) recently came into effect in Hong Kong on 19 June 2020. The purpose of the legislation is… LEARN MORE

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“Relaxing penalties”? Sounds like an oxymoron

24 July 2020, Intellectual Property, Legal Alert, by David Swain, Charmaine Koo,

Did you know? The Hong Kong courts are now relaxing the legal test on what is a “penalty” to allow a wider range of agreed damages in commercial contracts. Why does this matter… LEARN MORE

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Greater Bay Area introduces new Individual Income Tax incentives to attract foreign talent

23 July 2020, China Trade & Investment , Investing in China , Employee Benefits & Incentives , Tax, Legal Alert, by Helen Liao,

In an effort to attract more foreign talent to work in the Guangdong-Hong Kong-Macau Greater Bay Area (GBA), the Ministry of Finance and State Administration of Taxation jointly… LEARN MORE

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Data protection authorities set out expectations in open letter to VTC companies

22 July 2020, Cybercrime , Data Protection & Privacy, Legal Alert, by Alice Li, Machiuanna Chu,

On 22 July 2020, data protection authorities from Australia, Canada, Gibraltar, Hong Kong, Switzerland and United Kingdom (together the Authorities), issued an open letter (Letter)… LEARN MORE

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Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong

15 July 2020, Construction, Legal Alert, by Leo Wong,

The Scheme On 29 June 2020, the Hong Kong Government launched the Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong (Scheme), under which… LEARN MORE

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China announced the 2020 Negative Lists for Foreign Investment Access

13 July 2020, China Trade & Investment , Investing in China, Legal Alert, by Sean Wang, Myles Seto,

On 23 June 2020, the Chinese government announced the Special Administrative Measures (Negative List) for Foreign Investment Access (2020 Edition) (2020 National Negative List)… LEARN MORE

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Amendments to statutory maternity benefits finally passed

10 July 2020, Employee Benefits & Incentives , Employment & Pensions, Legal Alert, by Cynthia Chung,

On 9 July 2020, the Employment (Amendment) Bill 2019 (Bill) was passed at the Legislative Council. The Bill introduces amendments to the Employment Ordinance (Ordinance) to extend… LEARN MORE

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OMG! Has China’s Supreme Court reversed its position on OEM trademark infringement? The implications of the HONDAKIT case

26 June 2020, Trade Marks , Intellectual Property, Legal Alert, by Tracy Li, Barbie Ho, Catherine Zheng,

Foreign brand owners have often questioned whether they need a trademark registration in the PRC when engaging PRC factories for Original Equipment Manufacturing (OEM) activities.… LEARN MORE

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Amendments to ORSO passed: regulatory control on retirement schemes strengthened

18 June 2020, Employee Benefits & Incentives , Employment & Pensions, Legal Alert, by Vickie Leung,

On 17 June 2020, the Occupational Retirement Schemes (Amendment) Bill 2019 (Bill) was passed at the Legislative Council. The Bill introduces amendments to the Occupational Retirement… 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