By Alex Maschmedt and Matthew Gardner. King & Wood Mallesons’ Melbourne office.

Two of the key policy bodies for road and vehicle use in Australia, AustRoads and the National Transport Commission (NTC), have jointly developed new “Guidelines for Trials of Automated Vehicles in Australia” (Guidelines), published on 24 May 2017.

The Guidelines are the first step in framework for reform of Australia’s transport regulatory systems to accommodate the rise of automated vehicles. Continue Reading New Automated Vehicle Trial Guidelines

By King & Wood Mallesons

King & Wood Mallesons (KWM) was recognised with two awards at the 2017 Financial Times Asia-Pacific Innovative Lawyers Awards in Hong Kong last Thursday, including the prestigious ‘Innovation in Legal Expertise’ and ‘Innovation in the Business of Law’ categories.

KWM’s role on the World Bank’s first Special Drawing Rights (SDR) – denominated bond in the Chinese Inter-Bank Bond Market saw the firm win the Innovation in Legal Expertise category, against significant competition from leading global and regional law firms. Continue Reading KWM continues success at the FT Asia-Pacific Innovative Lawyers Awards

作者：金杜律师事务所

上周四在香港举行的2017年度《金融时报》“亚太创新律师”颁奖晚宴上，金杜律师事务所（“金杜”）收获两项大奖，包括备受瞩目的“法律专业创新大奖”和“商法创新大奖”。

金杜凭借其在世界银行首发特别提款权债券（中国银行间债券市场上的人民币债券）中的出色表现，从全球和亚太众多优秀律所中脱颖而出，一举斩获法律专业类创新大奖。

该项目于2016年9月2日发行了本金总额为5亿元特别提款权债券，标志着在中国首次发行以人民币计价的特别提款权债券。这项交易扩大了特别提款权的使用，促进了中国国内资本市场的发展，进一步展示了人民币国际化的新进展，是中国债券市场的突破性发展。 Continue Reading 金杜再获《金融时报》亚太创新律师大奖

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.
jiang_junluliang_lindaxu_xiaodan
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.
jiang_junluliang_lindaxu_xiaodan

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