Deacons
李察遜
李察遜

李察遜

資深顧問律師

地點:
香港
電郵:
john.richardson@deacons.com
電話:
+852 2825 9227

李察遜

資深顧問律師

地點:
香港
電郵:
john.richardson@deacons.com
電話:
+852 2825 9227
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經歷

Advising on corporate and commercial law

Private equity, mergers and acquisitions

Joint ventures

Advising foreign law firms on registrations, associations and conversions

Advising on payment systems 

Advising on banking and insurance law

Advising on competition law

專長

Advised on disposal of a privately held insurance broking business to a major conglomerate

Advised on a joint venture among different offices of a multinational accounting practice

Advised on partnership matters for a multinational accounting practice and a number of multinational law firms

Advised overseas law firms on local registrations, associations with local law firms and conversion to Hong Kong solicitors 

Providing ongoing advice to an insurance broking regulator

Providing ongoing advice to the interbank clearing house

Providing ongoing advice to the banking industry

更多關於

Memberships

The Law Society of Hong Kong

The Hong Kong Society of Notaries

The Law Society

The State Bar of California

Education

Cambridge University 1971-1975

M.A., LL.M.

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快速連結

客戶的收集個人資料聲明

客戶的收集個人資料聲明

客戶的收集個人資料聲明

1  個人客戶或（如客戶屬於商業、具法團地位或其他性質的）客戶的個人代表（包括但不限於客戶業務的董事、其他高級人員、僱員及職員）（為簡明起見，於本聲明內，此等個人代表亦一般簡稱為「客戶」而在下文第4.7(b) 段內則簡稱為「代表」）經常需要就的近律師行向該等客戶提供法律意見及服務，向的近律師行提供其資料。此等資料可能包括身份證明文件、地址證明、其他聯絡資料，以及委託的近律師行行事的授權證明之副本及其他資料。
         
2 若客戶未能向的近律師行提供該等資料，將可能導致的近律師行無法按要求向客戶提供法律服務或整體上對客戶提供法律意見。
         
3 在客戶與的近律師行維持持續正常業務往來過程中，的近律師行亦會收集到客戶的資料。
         
4 有關客戶的個人資料將可能用於如下用途
         
  必須用途–如果客戶不欲的近律師行將其個人資料用作在下文第4.1段至4.6段（首尾兩段包括在內）內所列出的任何用途，的近律師行將不能夠提供所要求的法律服務或給予所要求的法律意見
         
  有關客戶的各種個人資料將用作 -
         
    4.1 按照客戶的指示及按的近律師行可能另行認為適當或必需的情況，向客戶提供法律意見和服務；
         
    4.2 設計法律服務或相關的産品供客戶使用；
         
    4.3 向客戶追收未繳費用；
         
    4.4 根據對的近律師行或其任何分行或聯營律師行或辦事處具有約束力或適用的任何法律、指引、執業守則或執業指引（包括但不限於與反清洗黑錢和反恐活動有關的任何該等法律、指引、守則或執業指引）進行客戶身份證明和身份核實及作出披露；
         
    4.5 任何由的近律師行提供之個別服務所特別規定的用途；
         
    4.6 與上述任何一項直接相關之用途；
         
      自願用途 - 在受下文所載「重要須知」的規限下，的近律師行須經客戶同意，方可將個人資料用作在下文第4.7段內所列出的任何用途，而如果客戶告知的近律師行其不欲的近律師行將其個人資料用作該等用途，的近律師行將不會如此使用該等資料
         
      客戶向的近律師行所提供的客戶姓名及聯絡資料（包括但不限於辦事處地址、電話號碼及電郵地址）將用作
         
    4.7 宣傳的近律師行本身的法律服務及／或相關產品。
         
      如果客戶不欲的近律師行將其個人資料用作在上文第4.7段內所述的用途，他可致函或發電郵予本聲明之末端所指名的人員表示其決定。
         
      有關的近律師行宣傳活動的重要須知：
         
        向代表作出的一切與的近律師行的法律服務及相關產品有關的一切宣傳活動，均是以其任職或代表的客戶業務代表的職務身份而非以其個人身份向其作出的。
         
5  的近律師行一般會把其持有之客戶資料保密，但為配合上述所列出的用途，的近律師行或會把該等資料提供給予：
         
    5.1 的近律師行的任何其他分行或聯營律師行；
         
    5.2 政府部門（如香港警務處、香港海關、香港入境事務處及廉政公署），如的近律師行知悉或懷疑，有任何人士從事販毒、恐怖活動或任何其他嚴重罪行或處理因參與犯罪活動所得利益，又或懷疑，有任何財産構成恐怖分子的財産；在此情況下，向有關當局舉報的責任可能會凌駕的近律師行的保密責任；
         
    5.3 任何其他法律執業者（包括但不限於律師、大律師和外國律師）、會計師或就的近律師行向客戶提供的該等法律服務和意見而言，代表客戶的其他財務或專業諮詢人；
         
    5.4 在的近律師行絶對酌情認為審慎之情況下，其他律師、大律師、會計師、其他法律執業者，以及代表涉及客戶已要求的近律師行提供法律服務和意見的事務或交易的其他人士之其他專業人士；
         
    5.5 任何與客戶已有或建議有與的近律師行向客戶提供的法律服務和意見有關的交易之財務機構、商業或專業商號；
         
    5.6 的近律師行的任何確實或建議承讓人或的近律師行的權利（針對其客戶而言）之受讓人或就接管或正在商議接管的近律師行的業務、或將的近律師行併入的任何律師事務所或其他律師行；
         
    5.7 收數公司，如客戶未能履行向的近律師行支付法律費用還款或其他還款時；
         
    5.8 在與的近律師行 業務運作有關聯的情況下，向的近律師行提供行政，技術，推銷或其他服務的第三方服務提供者。
         
      的近律師行不會將有關客戶的資料轉移給第三者用於該第三者的宣傳活動。
         
6 根據及遵照《個人資料（私隱）條例》（下稱「《個人資料私隱條例》」）之條款及依照《個人資料私隱條例》所發出之指引，任何個人人士可：
         
    6.1 查核的近律師行是否持有他／她的資料及有權要求查閱該等資料；
         
    6.2 要求的近律師行修改任何有關他／她的不正確個人資料；
         
    6.3 要求的近律師行訂明關於資料方面的政策及實務，及獲告知的近律師行所持有之個人資料的種類；
         
    6.4 要求的近律師行停止將他／她的個人資料作其宣傳用途。
         
7 根據《個人資料私隱條例》之條款，的近律師行有權就處理任何查閱資料的要求收取合理費用。
         
8 要求
         
    8.1 查閱或更正資料；
         
    8.2 索取的近律師行所持有關於政策和實務之資料及資料種類，應以書面形式致予：
         
       

Mr. Anders Fernstroem
Director of Operations
的近律師行
香港中環歷山大廈5樓
email: anders.fernstroem@deacons.com
         
9  本聲明不會限制客戶在《個人資料私隱條例》下所享有的權利。
  

For Staff

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
     
  4.9 pensions or insurance companies with whom the Firm has arranged benefits entitlement/coverage for staff.
     
5 Under and in accordance with the terms of the Personal Data (Privacy) Ordinance (the 'Ordinance') any individual:
     
  5.1 has the right to check whether the Firm holds data about him/her and the right of access to such data;
     
  5.2 has the right to require the Firm to correct any data relating to him/her which is inaccurate;
     
  5.3 has the right to ascertain the Firm's policies and practices in relation to data and to be informed of the kind of personal data held by the Firm.
     
6 In accordance with the terms of the Ordinance, the Firm has the right to charge a fee for the processing of any data access request.
     
7 The person to whom requests for access to data or correction of data for information regarding policies and practices and kind of data held are to be addressed to The Head of Human Resources & Administration, Deacons.
 

 

 
8 If a data subject is at any time requested to supply information about members of his/her family, he/she is requested to pass a copy of this notice to the relevant family member so that he/she is aware of his/her rights under the Ordinance.
 

 

 

Copyright©2021, Deacons All rights reserved

反洗錢

反洗錢

Deacons' Anti-Money Laundering ("AML") Statement

Law firms in Hong Kong are subject to AML laws in Hong Kong under the following ordinances:

  • The Drug Trafficking (Recovery of Proceeds) Ordinance
  • The Organized and Serious Crimes Ordinance
  • The United Nations (Anti-Terrorism Measures) Ordinance

In addition, the Law Society of Hong Kong issued AML Guidelines for lawyers in Hong Kong under its Practice Direction P, Hong Kong Solicitor's Guide to Professional Conduct on 3 December 2007, effective from 1 July 2008.

What do AML laws and regulations mean for clients of law firms in Hong Kong?

Clients may be asked to provide information relating to their personal profile and financial details which may not be directly related to their instructions.

It is necessary for solicitors to obtain this information to satisfy the AML legal and regulatory requirements that are applicable to law firms in Hong Kong.

We kindly ask clients for their understanding and co-operation when we make requests for personal and financial information.

What do AML laws and regulations mean for law firms in Hong Kong?

Law firms are required to gather sufficient relevant client information to satisfy the following AML compliance objectives:

a.  client due diligence, i.e. identification and verification

b.  enhanced client due diligence when instructions present an AML risk

c.  reporting suspicions of money laundering and terrorist financing

d.  record keeping and

e.  staff awareness and training

In addition, law firms may take steps to mitigate the risk of earning a negative reputation by association if asked to represent, or act on transactions involving, individuals or organizations who have proven or rumoured criminal or terrorist links.

 

Copyright©2021, Deacons All rights reserved.

私隱與資料收集

私隱與資料收集

Privacy Policy Statement 

1.      Personal Data (Privacy) Ordinance

Deacons complies with the Personal Data (Privacy) Ordinance ('Ordinance'). You may wish to visit the official website of the Office of the Privacy Commission http://www.pco.org.hk for more information about this Ordinance. 

2.      Your personal data

It is our policy to protect the privacy of users of the Website. We may, however, collect a very limited amount of your personal data (by "personal data", we mean information about you or which can be used to ascertain your identity). For example, we may collect some information about you when you visit the Website because your internet provider address needs to be recognised by our server. You will also be invited to provide some information about yourself on various pages of the Website. We do not use 'cookies'. 

3.      Collection and use of your personal data

Any personal data collected from you on the Website will only be used for the specific purposes mentioned at the time of collection or for purposes directly related to those specific purposes and/or in Deacons' Personal Information Collection Statement.  

4.      Direct marketing

We would like to use your name and contact details to send you marketing materials about our legal services and/or related products but we must obtain the consent (or an indication of no objection) of people who become our clients or staff before we can do so. If you do not want to receive our marketing materials, please send an email stating this to anders.fernstroem@deacons.com. More information about this can be found in our Personal Information Collection Statement.

5.      Retention of your personal data

We will retain your personal data only for so long as is necessary for fulfilling the purpose for which they were collected. After that time, you data will be erased.

6.      Disclosure 

Your personal data will generally be kept confidential and will not be disclosed to any other person without your consent. However, your data will be used (and disclosed) to third parties for the purposes for which they were collected. Your personal data may also be disclosed where we are required to do so by law. Please also refer to our Personal Information Collection Statement as appropriate, for details 

7.      Security

We have installed security systems to ensure your personal data are not subject to unauthorised access.

8.      Your right of access to and to correct personal data  

You are entitled, in accordance with the Ordinance, to check whether we hold data about you and to have access to those data. If any of these data are incorrect or inaccurate, you have the right to correct or update them. Requests for access to or to correct personal data should be addressed to The Chief Operating Officer, Deacons. In accordance with the Ordinance, we are entitled to charge a reasonable fee for processing any data access or correction requests.

9.      Cookie usage policy

Cookies are small text files that are downloaded to your device by websites you visit. The information that the cookies collect, such as the number of visitors to the site, the pages visited and the length of time spent on the site, is aggregated and therefore anonymous. 

We also use software that places a cookie on your device to understand whether you read the emails and other materials, such as legal publications, that we send to you, click on the links to the information that we include in them and whether and how you visit our website after you click on that link (immediately and on future visits). It records this activity against your email address.

You may refuse the use of cookies or withdraw your consent at any time by selecting the appropriate settings on your browser. Please note that removal of cookies may affect your use and experience of our website.

By continuing to use our website without changing your privacy settings, you are agreeing to our use of cookies.  To find out more about cookies, including how to manage and delete them, visit www.allaboutcookies.org.

 

Copyright©2021, Deacons All rights reserved.

使用條款及免責聲明

使用條款及免責聲明

BE SURE TO READ THE TERMS AND CONDITIONS BELOW (‘TERMS OF USE'), AS THEY APPLY TO YOUR USE OF THIS WEBSITE (THE 'WEBSITE') AND CONTROL ALL ASPECTS OF YOUR ACCESS TO AND USE OF THE WEBSITE.

If you do not accept these Terms of Use in full, the use of the Website must be terminated immediately.

The Website presents information, data, content, news, reports, programs, video, audio and other materials and services including e-mail alert service, communications, transmissions and other items, tangible or intangible (collectively, the 'Information').

1.      Change of Terms.   

Deacons ('us', 'we', 'our') may change the Terms of Use from time to time in our sole discretion without notice or liability to you. By continuing to use the Website following such modifications to the Terms of Use, you agree to be bound by such modifications

2.      Changes to Website.   

We may, at our absolute discretion and at any time, without prior notice to you, add to, amend or remove material from the Website, or alter the presentation, substance, or functionality of the Website.

3.      User Conduct on the Website.  

As a condition of your use of the Website, you may not: 

3.1 trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;

3.2 restrict or inhibit any other user from using and enjoying the Website;

3.3 post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law;

3.4 post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;

3.5 post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;

3.6 post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Website for commercial purposes; or

3.7 upload, post, publish, transmit, reproduce, or distribute in any way, any component of the Website itself or any Information obtained through the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission.

You have no rights in or to the Information and you will not use the Information, except as permitted under these Terms of Use.

4.      Third Party Information.  

The Information may contain information provided by third parties or sourced by us from news agencies, business information sources, press releases or other references or sources.

We are not responsible if any such Information is not up-to-date. We do not separately verify the Information provided by such third party or agency and you are cautioned thus as to the reliability and accuracy of the Information. We do not accept any responsibility whatsoever in respect of any such Information. Any use of and reliance on such Information is at your own risk.

5.      Prohibition of Access.  

We reserve the right at all times to prohibit or deny your access to the Website or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in these Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in our sole opinion.

6.      Links to and from the Website.   

The links on the Website may take you to other sites and you acknowledge and agree that we have no responsibility for the accuracy or availability of any Information provided by linked websites.

Links to other websites do not constitute an endorsement by us of such websites or the Information, products, advertising or other materials available on those websites.

7.      Intellectual Property Rights

All intellectual property rights subsisting in respect of the Website belong to us or have been lawfully licensed to us for use on the Website. All rights under applicable laws are hereby reserved. Except with our express permission, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us ('Feedback') in connection with the Website without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback 

8.      Limited Liability and Warranty 

8.1    All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such Information.

YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED 'AS IS,' 'AS AVAILABLE.' THE WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE.

8.2    We do not guarantee or assume any responsibility that:

8.2.1 the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;

8.2.2 the Information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;

8.2.3 messages sent through the internet will be free from interception, corruption or loss;

8.2.4 access to the Website will be available or be uninterrupted; or

8.2.5 defects in the Website will be corrected.

In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Information, even if we have been advised of the possibility of such damages. 

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information. You are responsible to ensure that your use of the Information complies with all applicable legal requirements.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

9.      Indemnity 

You agree to defend, indemnify and hold us, our employees, agents, officers, directors,  contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of these Terms of Use and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action. 

10.    Privacy Policy

For information about our privacy policies and practices, please refer to our Privacy Policy Statement. Where personal data is collected in connection with the Services, you should also have reference to the Personal Information Collection Statement linked to the form through which your personal data is collected.

For information on our use of information, please also refer to our Privacy Policy Statement.

11.    Partial Invalidity

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

12.    Miscellaneous

No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.

13.    Governing Law and Jurisdiction. 

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China ('Hong Kong'). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

14.    Disclaimer

The materials contained in the Website are provided for general information purposes only and should not be construed as legal, accounting, financial or tax advice or opinion on any specific facts or circumstances and should not be relied upon in that regard. Deacons accepts no responsibility for any loss, which may arise from reliance on information contained in the Website. You are urged to seek your own legal counsel concerning your own situation and any specific legal question that you may have.

This disclaimer of liability applies to any loss, damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission blackout, incorrect data transmission, delay in operation or transmission due to internet traffic or otherwise, computer virus or other harmful item, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, caused by your computer or for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that Deacons is not liable for any defamatory, offensive, or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with the user.

The contents of other websites, services, goods or advertisements that may be linked from the Website are not maintained or controlled by Deacons. Deacons is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked from, or advertised on the Website. Deacons does not:

a. make any warranty, express or implied, with respect to the use of the links provided on the Website;

b. guarantee the accuracy, veracity, reliability, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked from the  Website; or

c. make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be liked from the Website.

Deacons is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website. You understand that Deacons and/or third party contributors (if any) to the Website may choose at any time to inhibit or prohibit their content from being accessed under these terms and conditions.

Under no circumstances including but not limited to negligence shall Deacons, its suppliers, third party agents, or any person or entity involved in creating, producing or distributing the Website be liable to you or for any third party claims or losses of any nature or direct, indirect, incidental, consequential, special, punitive or exemplary damages even if an authorised representative of Deacons had been advised specifically of the possibility of such damages, arising from use of or inability to use the Website or any provision of the terms such as but not limited to loss of revenue or anticipated profits or lost business.

 

Copyright©2021, Deacons All rights reserved.

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歷山大廈五樓
聯絡資料

電話: +852 2825 9211

傳真: +852 2810 0431

電郵: hongkong@deacons.com

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