Primasia Corporate Services Limited: January 2012

Tuesday, 31 January 2012

China Updates-Foreigners working in China

The requirement for foreigners working in China under a work permit to be enrolled in (and therefore contribute to) China’s social security system, which was effective 15th October, 2011, continues to be

introduced slowly by different cities.

Only Beijing and Chengdu have (as at 28th December) issued rules, and only Chengdu’s rules include citizens of Hong Kong, Taiwan and Macao. (This covers pension, medical, work-related injury, unemployment and maternity.) However, Beijing’s rules do not cover Hong Kong, etc. citizens but in practice the work injury programme will apply to such employees.

Some cities, such as Xiamen, Zhongshan and Yantai have started enforcing the rules, but Dalian has expressly stated that it will delay introducing the rules in order not to “frighten off” overseas investors.

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Primasia will post the updates of Hong Kong and China from time to time. Follow us on our Website/ Blogger/ LinkedIn and stay tunned for our updates!

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Need more information?
Please contact:
John Barclay -Email
Teresa Tam - Email
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Primasia Corporate Services Limited
Tel: +852 2882 2088
Suite 1106-08, 11/F., Tai Yau Building, No. 181 Johnston Road, Wanchai, Hong Kong

Thursday, 26 January 2012

Hong Kong Updates

Here are some updates about Hong Kong:

1) The Court of Appeal has confirmed the legality of different notice periods for the employer and the employee under a Hong Kong employment contract (Kwong Wai Ling Candy v. Hotel Panorama Co.,Ltd.)

2) The Inland Revenue (Amendment (No. 2) Ordinance has been passed allowing capital expenditure incurred in the purchase of copyright, registered designs or trademarks to be deducted. Previously, only operating expenditure in registering such assets was deductible.

3) There is a proposed amendment to the statutory holidays for Chinese New Year and Mid-Autumn such that (in effect) those who work on a Saturday will no longer lose one of the holidays when they fall on a Sunday. Thus, if any of the first 3 days of CNY falls on a Sunday, then the 4th day of CNY will be a public holiday, and if the day after the Mid-Autumn festival is a Sunday, then the Monday will also be a holiday.

The effect on employers is that, in certain years, their non-5-day-week employees will get an “extra”.

4) Guidelines have been issued in relation to the Data Protection (Privacy) Ordinance (DPPO) and the control of personal storage devices (PSDs). In brief, companies should have policies in force to cover the use of PSDs, including encryption and keeping of inventory, and such policies should be

properly communicated. The absence of a policy will be deemed a breach of Data Protection Principle No.4.

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Primasia will post the updates of Hong Kong and China from time to time. Follow us on our Website/ Blogger/ LinkedIn and stay tunned for our updates!

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