June 2017

By Linda Liang and Li Ruowei King & Wood Mallesons’ Commercial & Regulatory group

梁燕玲Enterprises’ management over employees is by no means limitless, but is, to varying degrees in different circumstances, restricted by employees’ individual rights. For example, the law provides that an employer can ask an employee for information directly related to the employment contract, but if an employer requests information beyond this category, such as personal medical records or parent information, it may be considered a violation of the employee’s privacy. However, although privacy is a statutory right of citizens, its scope and content always vary with the changes of a person’s social roles. For instance, the scope of an individual’s privacy towards his or her family is narrower than that towards strangers. So, based on the personal dependency characteristics of employment relationships, to what degree should employees’ privacy rights be subject to employers’ management?
Continue Reading How to Draw a Line Between Employers’ Management and Employees’ Privacy Rights?

作者:梁燕玲 李若维 金杜律师事务所商务合规部

liang_linda企业对员工的管理权并非是无限的,在不同情形下受到员工个人权利不同程度的制约。举例说明,法律规定企业可以了解与员工劳动合同直接相关的信息,但是如果要求提供的信息超出这个范畴,常见的比如个人病历、父母信息等,则有可能被认为是侵犯员工隐私。然而,隐私权虽然是公民的法定权利,其范围和内容总是随着个人社会角色的变化而有所不同。比如,个人对亲人享有的隐私权与其相对陌生人享有的权利范围相比要狭窄。那么基于劳动关系的人身依附属性,劳动者的隐私权在多大程度上受制于企业管理呢?
Continue Reading 以案说法:企业管理权与员工个人隐私权界限何在?

By Peter Bullock, Neil Carabine, Urszula McCormack and Donovan Ferguson. King & Wood Mallesons’ Hong Kong office.

We gathered senior legal, IT and infrastructure professionals representing transport, TMT, energy and consulting businesses for a roundtable discussion in Hong Kong (on an unattributable basis) around the opportunities for, and blockers to, Smart City development. We found reasons for optimism that Smart City technology would win through, along with frustration at the pace of progress.
Continue Reading Who will lead Smart Cities — SMEs, MNCs or Governments?

This article was written by King & Wood Mallesons’ Labor law group.
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We have split the explanation of Beijing’s Answers to Questions Concerning the Application of Law in Adjudication of Employment Disputes (the “Answers”) published on the 24th of April 2017 into three parts, so that the main provisions can be easily understood. This is the third in our series and starts from point 8 of the Answers.
Continue Reading Summary of Beijing’s Answers to Questions About the Application of Law in Adjudication of Employment Disputes (Part Three)

This article was written by King & Wood Mallesons’ Labor law group.
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We split the explanation of Beijing authorities’ Answers to Questions of Law Application in the Handling of Employment Disputes published on 24 April 2017 into three parts, in order that the Answers’ main provisions can be easily understood. This is the second part of our explanation.

The circumstances constituting “major changes in objective circumstances” 

The Answers provides that“a major change in objective circumstances” means a change after the conclusion of an employment contract that could not be foreseen at the conclusion of the contract, and renders the employment contract or its main articles unenforceable, or makes continued performance result in unfair situations such as excessive cost, which will then in turn make the purpose of the contract difficult to be achieved.
Continue Reading Summary of Beijing Authorities’ Answers to Questions of Law Application in the Handling of Employment Disputes (Part Two)

By Susan Ning, Wu Han, Zhao Yangdi, Chen Linlin King & Wood Mallesons’ Commercial & Regulatory group

untitledThe Cyberspace Administration of China (“CAC”) announced on 2 May 2017 the Measures for Security Review of Network Products and Services (Tentative) (the “Review Measures”), which will be formally implemented from 1 June 2017. The 16 articles of the Review Measures set up an institutional framework for the security review of network products and services. This is an integral part of the whole cybersecurity regime established by the Cybersecurity Law of the People’s Republic of China (the “Cybersecurity Law”). The Review Measures represents a further step and makes improvements to the CAC’s Measures for Security Review of Network Products and Services (Draft Review Measures) (the “Draft Review Measures”) which was released on 4 February 2017. This article will canvas the main provisions of the security review system for network products and services, the highlights of the Review Measures and the issues to be addressed, to provide guidance to companies in terms of cybersecurity compliance.
Continue Reading Building an Institutional Framework for Cyber Security Review — Understanding the Measures for Security Review of Network Products and Services (Tentative)

By King & Wood Mallesons

King & Wood Mallesons (KWM) has advised Hong Yang Group Company Limited (Hong Yang) as their US, HK and PRC counsels on its offering of US$250 million 7.875% guaranteed senior notes due 2020. It is the debut international bond offering by Hong Yang and also the first bond transaction in which one global law firm provides legal advice under US, HK and PRC laws. 
Continue Reading King & Wood Mallesons leads the way in high yield issuances in Hong Kong

作者:金杜律师事务所

金杜律师事务所担当弘阳集团有限公司(简称“弘阳集团”)的美国法、香港法及中国法顾问,协助其成功发行2.5亿美元票面利率为7.875%于2020年到期的担保优先债券。该项目是弘阳集团首次发行国际债券,也是首单由一家全球性律师事务所同时就美国法、香港法及中国法为其提供法律服务的债券交易。
Continue Reading 金杜引领香港高收益债券发行法律服务

作者:Max Bonnell、Ruimin Gao和Erin Eckhoff 金杜律师事务所悉尼办公室

bonnell_m中国提出的“一带一路”倡议是一个高瞻远瞩的政策计划,旨在通过丝绸之路经济带和21世纪海上丝绸之路沿线五大线路,连接亚洲、欧洲和非洲的60多个国家。“一带一路”倡议覆盖近44亿人口,约占全球总人口的63%,经济总量逾20万亿美元,约占全球经济总量的30%。这一宏大的倡议预计将带动大量基础设施等项目建设,但是与之相伴的是无法预知的风险。

自中国国家主席习近平2013年年底宣布实施“一带一路”倡议以来,中国企业在“一带一路”沿线国家已签署超过600份工程项目合同。[1] 未来将会签署更多跨境合同,特别是在2010 – 2020 期间,预计仅在亚洲就需要约8万亿美元的基础设施建设项目。[2] 除基础设施建设及相关项目外,在“一带一路”沿线地区,物流和海事领域也可能迎来大力发展。
Continue Reading “一带一路”机遇下的风险管理

By Max Bonnell, Ruimin Gao and Erin Eckhoff  King & Wood Mallesons’ Sydney office.

bonnell_mChina’s Belt and Road Initiative is a visionary policy that aims to connect over 60 countries in Asia, Europe and Africa along five main routes of the Silk Road Economic Belt and 21st Century Maritime Silk Road. Affecting a total population of some 4.4 billion (approximately 63% of the world’s population) and generating an aggregate GDP of over USD20 trillion (approximately 30% of global GDP), it is an ambitious framework that is projected to see significant numbers of infrastructure and other projects set up under its auspices. However, with such strikingly ambitious vision comes unchartered risks.
Continue Reading Managing Risk along the Belt and Road of Opportunity