James Lau

Since Singapore launched its first digital bank in 2022, consumers have benefitted from the continuous innovative offering from the various digital banks. As this sector develops, legal & regulatory compliance and cybersecurity are increasingly critical functions, especially as digital threats evolve.  We are currently partnering a growing Digital Bank to bolster their legal function. Reach out to Sandra Goh and Eugene Lim more information.

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📢eMPF Platform will be launched on June 26, 2024 The Mandatory Provident Fund Schemes Authority today announced that the eMPF Platform will be launched on June 26 The authority called for the co-operation of employees and employers throughout the 18-month onboarding schedule and reminded them to pay close attention to important information in communication packs sent by their trustees. The first two MPF trustees to join the platform – YF Life Trustees and China Life Trustees – will be onboarded on June 26 and July 29, respectively. The remaining MPF schemes will join the platform in ascending order of the value of MPF assets under management by the trustees. All schemes are expected to complete onboarding by the end of next year. The user-friendly platform enables employers to handle administration tasks electronically, saving manpower and time while also enhancing efficiency and averting human errors. Every employee will have only one eMPF account. They can view the MPF balances of their schemes under different trustees clearly via this single account. Currently, the process of consolidating different MPF accounts usually takes up to between two and three weeks, but after all MPF schemes get onboard the platform, the process time will be shortened by half. 📌More Details:  https://lnkd.in/gCPA2t6A #FlexSystem #DigitalTransformation #eMPF #eMPFPlatform

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Yuen Law’s Dispute Resolution Practice Group, led by our Director, Amos Cai, recently secured a favorable ruling for the Singapore subsidiary of a global confectionary conglomerate in a commercial dispute with a local distributor. We successfully argued that the failure of the distributor to furnish a banker’s guarantee amounted to a material breach, entitling our client to terminate the Distribution Agreement. As a result, the Court allowed our client’s claim and dismissed the distributor’s counterclaim for wrongful termination. This case highlights how certain contractual obligations such as the furnishing of security have to be strictly complied with. Should such obligations not be complied with, the counterparty may have a right to terminate the commercial agreement. Read more about the case and our approach in the full article here: https://lnkd.in/g8aK2Gt4 #CommercialDisputes #DisputeResolution #LegalExpertise #ContractLaw #SingaporeLaw #YuenLaw

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On 26 June 2024, the Inland Revenue (Amendment) (Tax Concessions for Intellectual Property Income) Bill 2024 (Bill), together with a committee stage amendment (CSA), was passed by the Legislative Council of Hong Kong. The CSA seeks to clarify the commencement date of the three-year transitional period. The Bill is expected to be gazetted as an amendment ordinance on 5 July 2024, which will take retrospective effect from the year of assessment 2023/24. Find out more about our observations: https://lnkd.in/gGR2yhwj #PwC #PwCHK #Tax #PatentBox #IntellectualProperty

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How unverified claims in advertising can be regulated is a developing legal issue in Japan. What makes this issue complicated is its bearing on the freedom of speech. Depending on how one feels about the degree to which the freedom of speech should extend to commercial speech, there can be various ways to regulate suspected unverified advertisements. This article provides a summary of the recent Supreme Court ruling (In re Dainichi-do, Supreme Court, March 8, 2022, Hanta 1500 at 76) on the validity of the review mechanism in light of an advertiser’s constitutional claims based on freedom of speech and freedom of enterprise. Toshiyuki Arai   #advertising #freedomofspeech #JapaneseSupremeCourt

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📢 Partner with Us: Supplying Manpower to Hong Kong Businesses under the Supplementary Labour Scheme (SLS) 🌏 The Hong Kong Visa Application Center is actively seeking partnerships with experienced manpower supply firms to provide skilled and unskilled workers to Hong Kong businesses under the Supplementary Labour Scheme (SLS). Not only that we won’t charge you for our services but we will pay you 10,000 HK$ per person recruited. With a vast pool of pre-vetted candidates from South Asia, we specialize in industries like construction, hospitality, logistics, and healthcare. Our focus is to bridge the labor demand in Hong Kong with reliable, job-ready workers while ensuring compliance with all legal and ethical standards. Why Partner with Us? ✅ Extensive Candidate Pool: We provide ready-to-deploy talent with the skills and experience needed for Hong Kong’s dynamic job market. ✅ Streamlined Process: We handle visa applications and compliance, allowing you to focus on your clients’ workforce needs. ✅ Collaborative Growth: Join us in addressing Hong Kong’s labor shortages while expanding your reach and services. ✅ Not only that we won’t charge you for our services but we will pay you 10,000 HK$ per person recruited. Ideal Partner: We’re looking for firms with experience in manpower supply and established relationships with Hong Kong businesses. A strong understanding of the SLS process and local labor market dynamics is essential. 💡 Let’s connect and discuss how we can collaborate to meet Hong Kong’s workforce demands! 📧 Reach out to us at [[email protected]] or DM us directly here on LinkedIn. Together, let’s create opportunities and drive success! #Recruitment #ManpowerSupply #HongKongJobs #PartnershipOpportunities #SupplementaryLabourScheme

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Hong Kong Law Firm Salary Guide 2024-2025 is now available for download. Our guide provides valuable insights into the evolving landscape of the Hong Kong law firm market including salary data for the Hong Kong legal market including PRC firms, Magic Circle law firms, US law firms, international law firms, and offshore law firms Download your copy: https://lnkd.in/gvcrtanN #TaylorrootHK #Lawfirmsalaries #lawyer #legalsalaries #HongKong #legaltrends Samantha Fong | Holly Lau | Mudita Valakati

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[可能得我覺得有趣XD] The Calm Before the Storm Typically, the weather before a typhoon is calm, but this can change drastically. A Typhoon Signal No. 8 is expected in HK this afternoon. I recently came across an interesting news that I thought would be nice to share before we leave the office to prepare for the impending storm. Yusuf Dikec's Trademark Move Yusuf Dikec, Turkish Olympic pistol silver medal winner, has taken an important step to safeguard his iconic shooting pose that gained global attention during the Paris Games. He has officially submitted a trademark application for this pose to the Turkish Patent and Trademark Office (TURKPATENT). [source: https://shorturl.at/Haadv]. Dikec’s coach, Erdinc Bilgili, confirmed this decision noting that it was prompted by the discovery of several unauthorized attempts to register the trademark without Dikec's knowledge. The viral popularity of Dikec’s pose has led to the production of various merchandise featuring his likeness. However, even with a registered trademark, there may still be competing applications that attempt to imitate logos that are confusingly similar. A well-known example is the “Jumpman” logo associated with Michael Jordan. In 2020, Jordan won a long-standing legal battle (for nearly a decade!) against Qiaodan Sports Co., Ltd. in China, where the Supreme People’s Court ruled to revoke the trademark for “Qiaodan and Device” (Qiaodan is the Chinese transliteration of Jordan). Silhouette Trademarks Registration Can you think of other silhouette trademarks? James Bond certainly comes to mind. How about the victory pose of Usain Bolt? Regarding the registration of a "pose" as a trademark in HK, according to Section 3(2) of the Hong Kong Trademark Ordinance ("HKTMO"), "... a trade mark may consist of words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of goods or their packaging and any combination of such signs." According to Section 11(1)(b) of the HKTMO, one of the absolute grounds for refusing trademark registration is a lack of distinctiveness. Therefore, it is crucial to evaluate whether a trademark, including silhouette trademarks, possesses sufficient distinctiveness before applying for registration. If the mark is deemed distinctive, it has a higher chance to be registered (subject to relative grounds). The challenge lies in determining who will be the first to file an application to register that "pose" as a trademark. (note: The first-to-file trademark system is the approach adopted by the majority of countries worldwide, including China, most EU nations, and the UK. ) The athletes and their managers may underestimate the value of intellectual property rights associated with something as simple as a pose during a sporting event. Before the storm arrives, it's wise to seek out a good shelter, wouldn’t you agree? Secure your trademarks before someone else does! #trademark #IPrights

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[𝗖𝗼𝗻𝘁𝗲𝗻𝘁 𝗨𝗽𝗱𝗮𝘁𝗲] The looseleaf series: 𝗛𝗼𝗻𝗴 𝗞𝗼𝗻𝗴 𝗘𝗺𝗽𝗹𝗼𝘆𝗺𝗲𝗻𝘁 𝗢𝗿𝗱𝗶𝗻𝗮𝗻𝗰𝗲: 𝗔𝗻 𝗔𝗻𝗻𝗼𝘁𝗮𝘁𝗲𝗱 𝗚𝘂𝗶𝗱𝗲 – Issue 50 was updated by Patricia Yeung, Partner at Howse Williams 何韋律師行 to provide updates including: 1. Updated Part I, Part VIII with first weekday after Christmas as statutory holiday from 2024 per Employment (Amendment) Ordinance 2021. Commentary in section 3 amended. 2. Part II updated on right to terminate employment by notice, disciplinary procedures before termination, and restrictions on notice/payment in lieu. Commentary for section 9 revised with Hum Matthew TA v Allied Way Security Management Ltd [2024] case. 3. Part IIA clarifies annual bonus/payment presumed contractual, not gratuitous, for post-27 June 1997 contracts unless stated otherwise. Section referencing corrected. 4. Part VA updated with commentary, examples on severance payment rights, exclusions, and calculations. Contact us for the collection of Hong Kong Employment Ordinance: An Annotated Guide: https://buff.ly/47nBlN5

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The Court of Appeal has recently established that if the director-general of industrial relations (DGIR) is unable to resolve an employee's dismissal complaint, it is necessary to refer the matter to the Industrial Court. Read more on the insights by our Senior Partner, Leonard Yeoh and Jing Xuan Goh as featured by The Edge Malaysia, the leading business, investment and economic weekly newspaper in Malaysia and Singapore. Links: https://lnkd.in/gctV-zec For more information on Dispute Resolution and Labour & Employment Law, please contact our Head of Practice, Leonard Yeoh #TayPartners #breakingnews #headlines #employmentlaw #labourlaw #laborlaw #labourandemployment #industrialrelations #HR #humanresources #humanresource #IRA #wrongfuldismissal #disputeresolution #newspaper

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A Hong Kong Court has convicted and issued a $3,200 fine (HKD 25,000) to practicing solicitor Tse Yin Fung (Principal of Hong Kong law firm O Tse & Co) for disclosing Hong Kong SFC (Securities & Futures Commission) restriction notice confidential information to 2 individuals in 2021, breaching the secrecy provision.  The restriction notice is related to a suspected ramp-&-dump scheme. Read - https://lnkd.in/grQqfmTN follow Caproasia | Driving $28 trillion assets in Asia. For top institutional investors, professional investors, financial advisors, private bankers, family offices, investment bankers, leaders & CEOs. A Hong Kong Court has convicted and issued a $3,200 fine (HKD 25,000) to practicing solicitor Tse Yin Fung (Principal of Hong Kong law firm O Tse & Co) for disclosing Hong Kong SFC (Securities & Futures Commission) restriction notice confidential information to 2 individuals in 2021, breaching the secrecy provision.  The restriction notice is related to a suspected ramp-&-dump scheme. Hong Kong SFC (2/1/25): “A Hong Kong practicing solicitor, Mr Tse Yin Fung, was convicted today at the Eastern Magistrates’ Courts for violating the secrecy provision under the Securities and Futures Ordinance (SFO) following a prosecution brought by the Securities and Futures Commission (SFC).  Tse, the principal of the law firm, O Tse & Co., pleaded guilty to one count of contravention of the secrecy provision and was fined $25,000. He was also ordered to pay the SFC’s investigation costs.  The Court heard that Tse, acting as the legal representative of an individual, received confidential information regarding a restriction notice that the SFC had disclosed to that individual (Note 1). The confidential information was subject to the secrecy provision under the SFO. After receiving the confidential information, Tse disclosed the information to two other individuals on 9 February 2021 (Note 2).  This marks the first occasion in which a Hong Kong practicing solicitor has been convicted of an offence for contravening the secrecy provision under the SFO. The investigation into this breach originated from the SFC’s investigations of suspected ramp-and-dump cases concerning a sophisticated syndicate (Note 3)."

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Managing a legal team is challenging enough. Imagine that one day the C-suite draws a line that puts another team or department under legal in the organizational flowchart. Jessie Loong, group senior vice president and corporate secretary of Changi Airport Group in Singapore, doesn't have to imagine such a scenario. Loong recalls having to take aboard a team specializing in insurance issues, a discipline with its own complexities and peculiarities. She embarked on a crash course in insurance matters, peppering brokers with questions. "I guess I was really learning things on the fly," Loong said during a panel discussion at the Association of Corporate Counsel annual meeting in Nashville, Tennessee, this week. She was among four corporate lawyers who recalled how they faced the daunting challenges of managing lawyers and other professionals from multidisciplinary teams. "Part of the way we've done it was to ask a lot—a lot—of questions … being very, very inquisitive," Loong added. Panelists likened leading multidisciplinary teams to being a coach or mentor who ensures that a diverse team completes its goals. "Be curious and willing to consider different views by taking the time to ask questions, actively listening to what people are saying, and empathetically delving into diverse perspectives," states an excerpt from a slide presentation by the panel. Jason L. Brown, vice president, general counsel and secretary of Haier's GE Appliances division, had corporate security functions put under his umbrella. "As a leader, you need to come with that humble sense and not to pretend that I, as a lawyer, know the best way," he said. That would have probably been pointless, as that team included ex-Secret Service agents and Army Rangers. "These guys don't need to me tell them what they're doing," Brown said. Full story from Chris O'Malley: https://lnkd.in/eSJWuas8

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[𝗡𝗲𝘄 𝗔𝗠𝗣 𝗺𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻 𝘀𝘂𝗰𝗰𝗲𝘀𝘀] “The parties met for the first time at the mediation and had the opportunity to directly communicate with each other in their own words. The sincere tone of the interaction was in sharp contrast to the typical hardline stance conveyed through the lawyers' correspondence,” shared Ms Sok Ling MOI, who mediated this latest case under the WIPO-Singapore ASEAN Mediation Programme (AMP). With a quick and amicable resolution reached in under 8 hours, both parties enjoyed business continuity as well as significant time and cost savings, as compared to a litigation process that could take up to 2 years.   More businesses are seeing the benefits of mediation, as a pragmatic, flexible path to resolving an IP dispute, and “with malicious intent ruled out and misunderstanding unravelled, the dispute can be cleared for resolution ... like magic”.   Find out how you can tap the AMP to manage your IP disputes at www.ipos.gov.sg/mediation.   More about this latest mediation success here: https://lnkd.in/gSeQhZux

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The Minister of Manpower has issued Circular Letter Number M/6/HK.04/XII/2024 concerning the Implementation of National Holidays and Collective Leave. With this new regulation, all previous provisions on collective leave and national holidays are now revoked. Check out our post below for more info! #NationalHolidays #CollectiveLeaves #MinistryofManpower #SEMenaker

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The Association of Corporate Counsel Hong Kong (ACCHK) co-hosted a workshop themed “Accelerating contracting processes” with Radiant Law on 24 September at The China Club. The workshop aimed to address issues in contract handling that can affect company performance and business relationships. Radiant Law’Serena Wallace-Turner and Ian Teague shared their knowledge on refining contracting practices within large organisations. Discover more legal news updates on Asia Business Law Journal. 📲 Sign up for the latest updates in the legal industry: https://lnkd.in/gE3VgXQx #ablj #asia #hongkong #legalevent #corporatelaw #legalnews #corporatecounsel #inhousecounsel #business #legalprofession #lawfirms #lawyers #legal #law #lawdotasia

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The NRIC issue has literally made front page news. I shared my thoughts with Lianhe Zaobao 联合早报's Poh Lay Hoon. There is always some risk of identity theft or fraud with the disclosure of any personal information. This is a risk that cannot be completely eliminated- for example, many individuals give out their full names and mobile numbers for business purposes, such as on business cards (I receive so many scam calls). To reduce risks of malicious use, organisations such as banks which may significantly affect individuals’ affairs should put in place a robust authentication process, such as implementing 2FA authentication policies.  In any event, many businesses do not need to verify customers by NRIC numbers, or at all. If they have to verify their customers to a high degree of fidelity, they should not rely solely on NRIC numbers for verification and authentication. This may mean asking individuals to prove their identity by passwords, organisation-issued QR code, relying on biometric data or sighting physical NRICs (without necessarily retaining copies). Like any personal identifier, the NRIC number is currently still subject to data protection obligations. As an analogy, just because our names (which are also not secret) are allowed to be collected for healthcare purposes or research purposes does not mean that there are no data protection measures around such collection. For example, the use of personal data about an individual for a research purpose may be allowed under an exception under the PDPA (Second schedule, Part 2, Division 3) but conditions will apply to such use. One such condition is that if the results of the research are published, the organisation should publish the results in a form that does not identify the individual- that would include our names and NRIC numbers. Consistent with usual password security policies, individuals should not use their NRIC numbers as passwords. If anyone has done so, they should change their passwords immediately. Similarly, individuals shouldn’t use easily guessable numbers or words for their passwords, such as their birth dates or their mobile numbers. #DataProtection #DataPrivacy #Cybersecurity

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In a decision handed down by Wilson Chan J on 12 March 2024 in 𝘏𝘎 𝘗𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘐𝘯𝘷𝘦𝘴𝘵𝘮𝘦𝘯𝘵 𝘏𝘒 𝘓𝘪𝘮𝘪𝘵𝘦𝘥 v 𝘊𝘩𝘦𝘯𝘨 𝘔𝘦𝘪 𝘏𝘰𝘭𝘥𝘪𝘯𝘨𝘴 𝘓𝘪𝘮𝘪𝘵𝘦𝘥 & 𝘖𝘳𝘴 [2024] HKCFI 750, the Court dismissed the plaintiff’s application for amendment of pleadings and joinder of the intended 4th defendant for a fraudulent conveyance claim. Importantly, whilst acknowledging that the test is whether there is a bona fide claim and a proper question to be tried as between the plaintiff and the intended defendant that is necessary or just and convenient for resolution between them as well as between the plaintiff and the defendants in the present proceedings, Wilson Chan J emphasized that joinder ought to be disallowed if the parties opposing establish that it is plain and obvious that the plaintiff has no case against the proposed defendant. He observed that, likewise, if the proposed amendments are bound to fail, no leave to amend should be granted. Read more at https://lnkd.in/gBGVEWMZ Jenkin Suen SC instructed by Deacons, acted for the Intended 4th Defendant. The full judgment of the Court of First Instance is accessible here: https://lnkd.in/gY9NJupU #DVC #DesVoeuxChambers #Casehighlight

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Anglo-German law firm CMS has strengthened its Hong Kong funds practice with the hire of Helen Wang as a partner from Mayer Brown, where she was a counsel. Wang's practice focuses on focuses on the formation, maintenance and restructuring of investment funds, including private equity funds, hedge funds and hybrid funds. She advises asset managers, banks, state owned enterprises, professional trustees and fund administrators, as well as family offices and start-ups, in Hong Kong, Mainland China, Taiwan, Japan, and Australia. "Helen's appointment, alongside the recent addition of Paul and Gigi, demonstrates our ambitious growth plans in the funds market," said Caryn Miller, CMS partner and joint managing director for Asia and the Middle East, in a statement. 🔗Here's more: https://lnkd.in/g5chf_74

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