China Updates- Civil Law Reform/ Personal Data Protection

Civil Law Reform

The National People's Congress has formally adopted the China General Civil Law Rules (“GCLR”), which will enter into force on 1st October, 2017. The GCLR cover the basic elements of the civil law system, as follows:

• the basic principles of civil law

• subjects

• rights

• legal acts

• liability; and

• statute of limitations.

Personal Data Protection
The Supreme People's Court has clarified some of the rules regarding personal data protection, and criminal liability for breaches of the rules.

Personal information is defined to cover:

1. any information that can be used alone or in combination with other information, to identify a natural person; and
2. any information reflecting the special characteristics of the activities of a natural person.

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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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Teresa Tam - Email 

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Hong Kong Updates- Employment Disputes/ Same-sex Marriage/ Minimum Wage

Employment Disputes - Reinstatement of Employees

The Employment (Amendment) Bill 2017 , which was gazetted on 5th May, 2017, includes provision for reinstatement of employees who have been unfairly dismissed. The previous draft has been changed, however, to increase the penalty on an employer for refusal to reinstate to HK$72,500.

Although the number of cases where employees seek reinstatement has been low in the past, the increase in the penalty may provide more incentive for employees to do so.

Same-sex Marriage

Hong Kong’s Court of First Instance has recognised same-sex marriage in a narrowly defined case (but the Department of Justice is appealing the ruling). In essence, the case applies to cases where the term “spouse” is used in legislation without being defined so as to exclude same-sex marriage (unlike Hong Kong’s Marriage Ordinance, which defines marriage as being between non-same-sex partners, or the Inland Revenue Ordinance, which refers to “husband and wife”).

However, the Equal Opportunity Commission’s Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation proposes good practices in the workplace, including not discriminating on the basis of sexual orientation.

Minimum Wage

As previously reported, the Statutory Minimum Wage rate has increased from HK$32.5 per hour to HK$34.5 per hour with effect from 1^st May 2017.

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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!

===================================================================

Need more information?

Please contact:

John Barclay -Email

Teresa Tam - Email 

--------------------------

Follow us on:

Website: Primasia HK / Primasia China

LinkedIn: Primasia

--------------------------

Primasia Corporate Services Limited

Tel: +852 2882 2088

Suite 1106-08, 11/F., Tai Yau Building, No. 181 Johnston Road, Wanchai, Hong Kong