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 WebsiteBloggerLinkedIn and stay tunned for our updates!

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