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Hong Kong’s First Decision On The Exclusion Of Competition Rules

by Ashford Benjamin | Oct 31, 2018 | Uncategorized

The Hong Kong Competition Commission has recently published its first decision on the exclusion of the competition rules under the Competition Ordinance. The Commission found that the Code of Banking Practice is not excluded from the prohibition...

Hong Kong – Insider Dealing – Deal Or No Deal

by Ashford Benjamin | Oct 31, 2018 | Uncategorized

In the Court of Appeal (CA) decision of Securities and Futures Commission v Cheng Chak Ngok (CACV 95/2017; [2018] HKCA 590), the less disputed element of insider dealing, namely the element of “dealing” was at issue.  As there was no direct evidence...

Hong Kong – New Conduct Requirements For Offline Sale Of Complex Products

by Ashford Benjamin | Oct 29, 2018 | Uncategorized

On 4 October 2018, the Securities and Futures Commission (SFC) published its Consultation Conclusions on Offline Requirements Applicable to Complex Products (Conclusions). The consultation, which was launched on 28 March 2018, focused on proposed...

Hong Kong – The SFC’s Green Finance Strategy – Impact On Asset Managers

by Ashford Benjamin | Oct 29, 2018 | Uncategorized

On 21 September 2018, the SFC announced its strategic framework for the development of green finance in Hong Kong.  According to the SFC, “Globally, green finance has gathered momentum since the 2015 Paris Agreement on climate change, which calls for...

Hong Kong – When Will The Court Give Leave To Appeal An Arbitration Award On A Question Of Law?

by Ashford Benjamin | Oct 26, 2018 | Uncategorized

It is the policy of the Hong Kong Courts to give finality to arbitral awards. Parties may opt into Schedule 2 (Schedule 2) of the Arbitration Ordinance if they want to retain their right to appeal against an arbitral award on a question of law.  An applicant has...

Hong Kong – New SFC AML Guideline Effective 1 November 2018

by Ashford Benjamin | Oct 26, 2018 | Uncategorized

On 12 October 2018, the SFC issued the Consultation Conclusions on Proposed Amendments to the (1) Guideline on Anti-Money Laundering and Counter-Terrorist Financing (Current Guideline) and (2) Prevention of Money Laundering and Terrorist...
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