Legislative Update

Insurance Authority publishes an Explanatory Note on “Regulated Activity”
Insurance Authority publishes an Explanatory Note on “Regulated Activity” 1400 788 Charing
An important consideration for currently unregulated entities providing insight into IA’s assessment whether activities will or won’t fall under regulatory regime of Insurance Ordinance.

Public Consultation on HK’s Copyright Regime
Public Consultation on HK’s Copyright Regime 1400 788 Kelly
This much-anticipated consultation is based on the key proposals contained in the 2014 Bill, which could not survive the previous legislative process.

SFC’s Revised Guidelines on Competence effective on 1 January 2022 – Part II
SFC’s Revised Guidelines on Competence effective on 1 January 2022 – Part II 1401 788 Charing

We return with the second part to our two-part series on the Consultation Conclusions on Proposed Enhancements to the Competency Framework for Intermediaries and Individual Practitioners published on 18 June…

SFC’s Revised Guidelines on Competence effective 1 January 2022
SFC’s Revised Guidelines on Competence effective 1 January 2022 1401 788 Charing
Following the Securities and Futures Commission’s (“SFC”) publication of the Consultation Conclusions on Proposed Enhancements to the Competency Framework for Intermediaries and Individual Practitioners on 18 June 2021, the proposed enhancements will be reflected in the revised Guidelines on Competence (“Competence Guidelines”) and the revised Guidelines on Continuous Professional Training (“CPT Guidelines”), both of which will become effective on 1 January 2022.  In this two-part series, we will focus on the key changes under the Competence Guidelines for Responsible Officers and Licensed Representatives.

Guideline on Submission of Business Plan by Applicant of a Money Lenders Licence
Guideline on Submission of Business Plan by Applicant of a Money Lenders Licence 1401 786 Hauzen
Further to our article on the publication of the Guideline on Fit and Proper Criteria for Licensing of Money Lenders, on 29 January 2021, the Companies Registry published another Guideline on Submission of Business Plan by Applicant of a Money Lenders Licence.

HKMA’s Guideline on Certification of Funds for Carried Interest Tax Concession
HKMA’s Guideline on Certification of Funds for Carried Interest Tax Concession 1401 789 Hauzen
The Hong Kong Monetary Authority on 16 July 2021 issued a Guideline on Fund Certification for Carried Interest Tax Concession under Schedule 16D to the Inland Revenue Ordinance (Cap. 112).

Bills for re-domiciliation of foreign investment funds gazetted
Bills for re-domiciliation of foreign investment funds gazetted 1400 788 Charing
On 2 July 2021, the Government gazetted the Securities and Futures (Amendment) Bill 2021 and the Limited Partnership Fund and Business Registration Legislation (Amendment) Bill 2021  (collectively, the “Bills”).  The Bills sets out the respectively scheme for foreign investment funds to be re-domiciled and registered in Hong Kong as open-ended fund companies (“OFC”) or limited partnership funds (“LPFs”).

Launch of grant scheme for open-ended fund companies and real estate investment trusts
Launch of grant scheme for open-ended fund companies and real estate investment trusts 1401 788 Hauzen
Hong Kong’s Financial Secretary announces subsidies for open-ended fund companies to set up in or re-domicile and Real Estate Investment Trusts to list in HK.

Enforcement of Civil Judgments of Matrimonial and Family Cases in Hong Kong and Mainland China
Enforcement of Civil Judgments of Matrimonial and Family Cases in Hong Kong and Mainland China 1400 787 Hauzen
Hong Kong’s Legislative Council passed the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance

Proposed amendments to PDPO to combat doxxing activities
Proposed amendments to PDPO to combat doxxing activities 1400 787 Charing
Proposed amendments include “A person commits an offence if the person discloses any personal data of a data subject without the data subject’s consent,”
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