Primasia Corporate Services Limited: April 2012

Friday, 20 April 2012

Hong Kong Updates- Personal Data

Revised proposals for the Personal Data (Privacy) (Amendment) Bill

(a) 'Deemed consent' arrangement removed - change from ‘opt out’ to ‘opt in’, i.e. consent will now not be deemed to have been given if a data subject does not respond to a request for permission to use his data for direct marketing purposes.

(b) No longer a requirement for later indication of objection to use of personal data to be in writing, i.e. it can also be made orally.

(c) Now a requirement that data users must explicitly state in the information to be provided to the data subject their intention to use the personal data, or provide the data to other persons for use in direct marketing or for sale.

(d) Grandfathering - if the data user has been using personal data in direct marketing in compliance with the requirements of the existing Ordinance and intends to continue to use the data in the same way, they may be exempted from the new Ordinance.

(e) Scope of regulatory regime – it is now recognised that the scope of the draft Bill may have been too wide and it is proposed therefore to narrow the scope.

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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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Follow us on:
Website: Primasia HK / Primasia China
LinkedIn: Primasia
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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

Tuesday, 17 April 2012

Hong Kong Updates- Paternity leave

Paternity leave
From 1 April 2012, eligible government employees will become entitled to 5 working days of paternity leave on full pay on each occasion of childbirth. Whilst this does not bind the private sector, it is intended to be strongly influential on the private sector and it is expected that, as happened with the 5-day week, the private sector will fairly quickly follow the government’s lead.

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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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Friday, 6 April 2012

Hong Kong Updates- Reinstatement of employees

Reinstatement of employees

If an employee has been dismissed unlawfully and without a valid reason, an employee cannot currently be reinstated without the employer’s consent, i.e. by order of the Labour Tribunal.The government has proposed (and the Labour Department is drafting) amendments to the Employment Ordinance which would mean that the Labour Tribunal will be able to make such an order without the employer's consent.

The Tribunal will have to consider (when deciding whether to make such an order) the relationship between the employee and the employer, the circumstances surrounding the dismissal, and whether the employer may face any genuine difficulties in complying with the order.

It will still be possible for the employer not to reinstate the employee, but penalties will apply, i.e. it will be more expensive (up to HK$50,000).

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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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