Deacons Employment and Pensions Newsletter - December 2014

By: Cynthia Chung and Iris Cheng

Submitted by Firm:
Firm Contacts:
Cynthia Chung
Article Type:
Legal Update

Cyber-bullying and Personal Data Protection, by Vickie Leung

Nowadays, we live in an information age (also known as the computer age, digital age or new media age) and the advancement of technologies has facilitated information flow and communication through social media. On one hand, people have easy and quick access to others' information, enabling interaction with one another. However, the free flow of information and wide participation in social media networks also exposes a person to various risks or dangers. Notable examples of such risks or dangers are the loss of privacy and cyber-bullying. Full article

Impacts of FATCA Intergovernmental Agreement on ORSO Schemes in Hong Kong, by Vickie Leung and Lily Tam

Further to our article entitled "Updates on impact of FATCA final regulations on ORSO/MPF Schemes in Hong Kong" in our June newsletter (Issue 3 of 2013), on 13 November 2014, Hong Kong and the US have formally signed a Model 2 intergovernmental agreement ("IGA") that will facilitate compliance with the US Foreign Account Tax Compliance Act (the "FATCA") and cover exemptions from FATCA compliance by the financial institutions in Hong Kong. Full article

Is an employer liable for the conduct of its contractor? HKSAR v The Hong Kong and China Gas Company Limited (HCMA 125 / 2013), by Cynthia Chung and Gladys Ching

Summary: This was a magistracy appeal to decide whether The Hong Kong and China Gas Company (the "appellant") had breached its obligations under the Occupational Safety and Health Ordinance (the "Ordinance") with respect to the safety and health of its employee. Full article

Summary and highlights on the Guangdong Provincial Regulations on Collective Contract of Enterprises, by Iris Cheng and Irina Chan

On 25th September 2014, the Standing Committee of the People's Congress of Guangdong Province issued the finalised version of the Guangdong Provincial Regulations on Collective Contract of Enterprises (hereinafter the "Regulations"). The Regulations will take effect on 1st January 2015. The Regulations reflect a number of amendments made to the draft version ("Draft Regulations") previously issued in October 2013, on which the public has submitted opinions. This update provides a summary and highlights of the salient features of the Regulations and amendments made to the Draft Regulations. Full article

Raised Threshold for Employment of Foreigners in Beijing, by Iris Cheng

On 4 June 2014, Beijing Human Resources and Social Insurance Bureau, Foreign Affairs Office of the People's Government of Beijing Municipality and Beijing Municipal Commission of Education jointly issued the Notice on Further Strengthening the Employment of Foreigners in Beijing ("Notice") which aims at regulating the employment of foreigners, protecting the rights of both the employer and the employee and further raising the threshold for employment of foreigners in Beijing. Set out below is a summary of the salient points of the Notice: Full article