China Updates- IP/ Foreign Investment

IP

Tencent recovered 139 domain names by action through the Hong Kong chapter of the Asian Domain Name Dispute Resolution Centre. The holder of the names was found, in short, to be cyber-squatting, failing on the three key issues of: whether the disputed domain names were the same as or similar to Tencent's trademarks; whether the holder had any right or legitimate interest in the disputed domain names; and whether the holder had maliciously registered and used the disputed domain names.

In addition to the 139 names recovered by Ten Cent, the holder had registered a further 2,100 domain names, many of them containing registered trademarks.

Foreign Investment

China's State Council released the 2017 version of its "negative list" to further facilitate foreign investment in the pilot free trade zones on 16th June, 2017. This is applicable to the 11 FTZs and the list will replace the corresponding 2015 list.

Then, on 28 June 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) together issued the Foreign Investment Industrial Catalogue for 2017. As for the negative list, this will replace the corresponding 2015 list.

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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?

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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

Hong Kong Updates- Register of Significant Controllers/ Insurance/ Tax – Information Exchange/ Apology Bill/ MPF

Register of Significant Controllers

The Companies (Amendment) Bill 2017 ("Bill") was gazetted on 23 June 2017. Amongst other provisions, the bill will require companies incorporated in Hong Kong (but not overseas companies registered in Hong Kong) to keep and maintain a new "register of significant controllers".

Primasia Corporate Services Limited will brief its clients on this directly and in more detail to ensure their compliance with the new law. If you need more information on this, please contact us whether you are an existing client or not.

Insurance

Hong Kong's new Insurance Authority ("IA") commenced operations on 26th June 2017, replacing the Office of the Commissioner of Insurance. The main functions of the IA are to regulate and supervise the insurance industry in Hong Kong, to promote the general stability of the insurance market, and to protect policy holders.

Tax – Information Exchange

The Automatic Exchange Of Information (AEOI) Portal was launched on 3rd July 2017 for financial institutions (FIs) to file notifications and returns in relation to the reporting of financial account information for AEOI purposes.

In other words, AEOI is now being implemented in Hong Kong. FIs should by now have put in place effective information systems and procedures for complying with the relevant due diligence and reporting obligations under the AEOI regime.

Apology Bill

The Apology Bill, which reduces the extent to which a contemporaneous apology can be relied upon as an admission of liability, has been passed.

MPF

The first imprisonment for conviction (but by no means the first conviction) under the Mandatory Provident Fund Schemes Ordinance (the "MPFSO") has been handed down.

Under the MPFSO, any employer who, without reasonable excuse, fails to pay of mandatory contributions on time commits an offence and is subject to a maximum penalty of a HK$450,000 fine and four years' imprisonment.

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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