Primasia Corporate Services Limited

Friday, 29 June 2012

China Updates- Protection of female employees

New rules (the “New Provisions”) on protection of female employees have been introduced. These cover the following areas:

Prohibited work for female employees – now divided into four categories as: "under normal conditions", "during pregnancy", "during the nursing period" and "during the menstrual period". More types of work have

been classified as "prohibited", such as work in confined spaces (for pregnant employees).

Maternity leave has been extended from 90 days to 98 days.
Maternity benefits have been redefined.
Sexual harassment provisions - employers must take precautionsto safeguard female employees from sexual harassment in theworkplace. This provision is a general one and more detailed rules are expected soon.

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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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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

Monday, 25 June 2012

Hong Kong Updates- Companies Registry

Capital duty

The Companies Registry has announced that capital duty on the share capital of Hong Kong companies is abolished with effect from 1st June. This means that Hong Kong companies may incorporate with higher share capital without incurring this duty. Previously, most private companies in Hong Kong have been incorporated with a standard share capital of HK$10,000, which attracted minimal capital duty.

Electronic form submission

The Companies Registry has uploaded the requisite form to allow electronic submission of annual returns of local private companies having a share capital. In addition, 6 further forms have now been digitalised to allow electronic submission, including those for returns of allotments, notification of increase in nominal share capital and those relating to reserve directors.

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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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Thursday, 31 May 2012

China Updates- Employment Contract Law

A foreign national’s severance claim has been upheld under the Employment Contract Law (ECL) by a Shanghai court. Thus, the general employment law has been applied to foreign nationals rather than only, indeed in preference to, the separate national regulations on employment of foreigners. The decision by the Shanghai Jing’an District People’s Court in April 2010 was based on the principle that the ECL did not exclude foreigners and hence should be applied to them, assertions of freedom of contract notwithstanding .

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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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Tuesday, 29 May 2012

Hong Kong Updates- Anti-Money Laundering Ordinance

The Anti-Money Laundering Ordinance came into effect on 1st April.

The key features include:

i. Supervisory and enforcement powers to four regulatory authorities (RAs), the Securities and Futures Commission, the Hong Kong Monetary Authority, the Insurance Authority and the Customs

and Excise Department.

ii. Codification into statutory obligations of previous due diligence and record-keeping obligations.

iii. Supervisory and criminal sanctions for non-compliance with the statutory requirements.

iv. Creation of a licensing regime and anti-money laundering framework for remittance agents and money changers.

The four RAs had already published (in January 2012) the Guideline on Anti-Money Laundering and Counter-Terrorist Financing. Each of them has a slightly modified version. The Inland Revenue Department (IRD) has imposed a new reporting requirement for employers in respect of payments in lieu of notice made to employees on or after 1 April 2012.

In other words, they are now being treated by the IRD as taxable: previously, the IRD treated payments in lieu of notice as not taxable and therefore did not require them to be reported.

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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, 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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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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