Hong Kong: Sex Discrimination (Amendment) Ordinance 2014 in force and Contracts (Rights of Third Parties) Ordinance 2014 delayed

The Sex Discrimination (Amendment) Ordinance 2014—Ordinance No. 19 of 2014 came into force on 12 December 2014. The amended ordinance can be found here. The amended Ordinance provides that it is unlawful for anyone to sexually harass a woman who provides, or will provide, goods, facilities or services.  The amended Ordinance also limits its jurisdictional … Read more

Labour Tribunal’s exclusive jurisdiction averted by separate commission agreement

A recent Hong Kong case has highlighted the important point that the Labour Tribunal’s exclusive jurisdiction does not extend to dealing with matters which arise outside of an employee’s contract of employment and beyond the scope of the Employment Ordinance. In Lee Man Yee Norman v International Contractors Supply Limited, the Court of First Instance … Read more

China: Social Media posts recognised by PRC Courts as evidence in employment cases

Given the growing popularity of social media websites and applications in China, employees are increasingly releasing employment-related photographs and posts onto social media networks. Employers are in turn increasingly relying on social media posts made by their employees as evidence against their employees in employment-related disputes. Chinese Courts have recently recognized social media posts as … Read more

Proposed changes to Hong Kong’s discrimination laws leave existing gaps unaddressed

Hong Kong’s discrimination laws have once again come under the spotlight following the commencement of a three month Discrimination Law Review of the current anti-discrimination laws by the Equal Opportunities Commission (“EOC“) as well as the recent introduction of the Sex Discrimination (Amendment) Bill 2014 into the Legislative Council. The Discrimination Law Review could result … Read more

Practical tips for employers on protecting confidential information

Confidential information and trade secrets are increasingly valuable assets for any business in today’s market. A recent judgment of the Hong Kong Court of First Instance, Dextra China Limited v Lam Wing Kit, highlights the difficulty employers face when trying to protect that information from misuse by disgruntled or overly ambitious employees. The decision serves … Read more