Employment

HONG KONG: COURT OF FINAL APPEAL REJECTS POLICY ON DEPENDANT SPOUSAL VISAS FOR SAME-SEX COUPLES

A landmark decision of the Hong Kong Court of Final Appeal (CFA) has upheld the decision of the Court of Appeal (discussed here) that the Hong Kong Director of Immigration’s policy of refusing to grant dependant visas to same sex … Continue reading

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Filed under Constitution, Employment, Evidence, Government proposals and consultations, Hong Kong, Judicial review, Jurisdiction, Remedies

HONG KONG: UNLAWFUL DISMISSAL REINSTATEMENT RIGHTS FROM OCTOBER

Amendments to the Employment Ordinance (“EO“) which strengthen the Labour Tribunal’s (“LT“) powers to make an order for reinstatement or re-engagement where an employee has been unreasonably and unlawfully dismissed have been passed and are to take effect from 19 … Continue reading

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Filed under ADR, Employment, Hong Kong, Jurisdiction, Mediation, Mediation (General), Miscellaneous, Remedies

Hong Kong: who owns employees’ work product

The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how … Continue reading

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Filed under Employment, Hong Kong

Hong Kong: immigration win for same-sex couple

In a landmark ruling, the Court of Appeal held that the Immigration Department’s visa policy, insofar as it denies same-sex couples eligibility for consideration for a dependant visa, breaches the right to equality enshrined in article 25 of the Basic … Continue reading

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Filed under Employment, Hong Kong

Hong Kong: is it time to refresh your disciplinary procedure?

When was the last time you looked at your organisation's disciplinary procedures? Is it time for a refresh? Earlier this year, a decision of the Court of First Instance of Hong Kong ("CFI") caused many HR professionals to reassess their … Continue reading

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Filed under Employment, Hong Kong

PRC: local courts’ observations on labour disputes

Local courts in Beijing and Shanghai have recently issued whitepapers setting out their observations of employment cases and their positions regarding certain common employment legal issues for the year of 2015. Given Beijing and Shanghai are two of the biggest … Continue reading

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Filed under China, Employment

Impact of CJEU decision in Schrems v DPC on the implementation of cross-border data transfer provisions in Hong Kong

Organisations in the European Union with operations in the United States have, for over a decade now, taken comfort that the transfer of personal data to the United States would be lawful if the recipient had subscribed to the US … Continue reading

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Filed under Data protection, Employment, Hong Kong

You can’t keep a good man down

In the recent case of Eastern Athletic Association Football Team Ltd v Alessandro Ferreira Leonardo (HCA 2383/2015), the High Court refused to grant an interlocutory injunction to a football club, Eastern Athletic Association ("EAA"), to restrain one of its players … Continue reading

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Filed under Employment, Hong Kong

Hong Kong Court of Appeal finds TVB manager guilty of bribery in high profile case

On 26 October, the Court of Appeal handed down its long-awaited judgment regarding bribery charges against former TVB general manager and TV presenter, Stephen Chan and his assistant, Tseng Pei-kun. The men had twice been acquitted but now face jail … Continue reading

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Filed under Employment, Investigation and compliance

New class action law in Thailand

The Thai Civil Procedure Code has been amended to allow for class action suits to be brought by large groups of plaintiffs for breach of civil wrongs, including breach of tort, breach of contract and breach of labour rights. The … Continue reading

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Filed under Class actions, Contract, Employment, South East Asia