Publications - Deacons

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Male employees to enjoy five days’ paternity leave

21 November 2018, Employee Benefits & Incentives , Employment & Pensions, Newsletter, by Elsie Chan,

The Secretary for Labour and Welfare has recently, by notice published in the Gazette, appointed 18 January 2019 as the day on which the Employment (Amendment) (No.3) Ordinance… LEARN MORE

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Data protection: Is compliance good enough?

21 November 2018, Data Protection & Privacy, Newsletter, by Cynthia Chung,

The massive recent leakage of customer personal data by international airlines, along with other alarming data leakage incidents by social media platforms have once again put… LEARN MORE

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Employment law update: Hong Kong and Singapore

16 October 2018, Employee Benefits & Incentives , Employee Disputes , Employment & Pensions, Newsletter

New changes under the Employment (Amendment) (No.2) Ordinance 2018 Cynthia Chung, Partner and Head of Corporate Commercial, recently authored an article for the autumn edition… LEARN MORE

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Civil partner and same-sex spouse now eligible for dependant visa

16 October 2018, Employee Benefits & Incentives , Employee Disputes , Employment & Pensions, Newsletter, by Vickie Leung,

Revised policy On 18 September 2018, the Hong Kong government announced a revision to the immigration policy for entry of non-local dependants (Policy). Under the revised Policy,… LEARN MORE

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Substantial changes to the PRC Individual Income Tax Law

16 October 2018, China Trade & Investment , Cross-Border Employment, Newsletter, by Minning Wei, Edwarde Webre,

The Standing Committee of the National People's Congress of China issued its Decision to Amend the PRC Individual Income Tax Law (IIT Law) on 31 August 2018. The amended… LEARN MORE

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2018 Policy Address – how it affects employers and employees?

16 October 2018, Employee Benefits & Incentives , Employee Disputes , Employment & Pensions, Newsletter, by Elsie Chan,

On 10 October 2018, the Chief Executive Carrie Lam released the 2018 Policy Address, in which she put forward various proposals which aim to benefit employees in Hong Kong. A. … LEARN MORE

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The SFC’s asset management strategy for Hong Kong

21 September 2018, SFC Compliance & Licensing , Securities and Futures Commission , Authorised Funds & Products , Regulatory , Investment Funds, Newsletter, by Ming Chiu Li,

On 19 September 2018, Mr Ashley Alder, Chief Executive Officer of the Securities and Futures Commission (SFC), addressed members of the Hong Kong Investment Funds Association… LEARN MORE

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Policies and procedures under the FMCC

19 September 2018, Alternative Investments , Hedge Fund Services , Private Equity Funds , SFC Compliance & Licensing , Securities and Futures Commission, Newsletter, by Mary Nieto,

The SFC’s revised Fund Manager Code of Conduct (FMCC), which comes into effect on 17 November 2018, makes reference to a number of policies, guidelines and procedures which a… LEARN MORE

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Enforcing Mainland judgments in Hong Kong

17 September 2018, Litigation & Dispute Resolution, Newsletter, by Michelle Li, Peter So,

In agreements that select the PRC as the place for resolution of any disputes, it is common to see wording such as “parties should file a lawsuit at the people’s court which has… LEARN MORE

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The Prosecution does not have a right to reply where an unrepresented defendant gives evidence without calling any witness

17 September 2018, Litigation & Dispute Resolution, Newsletter, by Peter So, Rita Li,

In the recent case of HKSAR v Leung Chun Kit Brandon, [2018] HKCFA 30, 4 July 2018, the Court of Final Appeal has clarified that the rule excluding the prosecution’s right of… LEARN MORE

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MEDIA CONTACT

1	It is often necessary for individual clients or (where clients are businesses, incorporated or otherwise) their individual representatives (including without limitation directors, other officers, employees and staff members of client businesses) (in this statement these individual representatives will, for the sake of brevity, also be referred to generally as “clients” and, in paragraph 4.7(b) below, as "Representatives") to supply Deacons with data about themselves in connection with Deacons’ provision of legal advice and services to those clients. These data may include copies, and other details, of identity documents, proof of address, other contact details, and proof of authority to instruct Deacons.

2	Failure to supply such data may result in Deacons being unable to provide clients with the legal services, or generally to give clients the legal advice, requested.

3	It is also the case that Deacons collects data from clients in the ordinary course of the client-solicitor relationship on an ongoing basis.

4	The purposes for which personal data relating to a client may be used are as follows:

	Obligatory purposes - a client does not want Deacons to use his personal data for any of the purposes listed in paragraphs 4.1 to 4.6 below (inclusive), Deacons will not be able to provide the legal services, or give the legal advice, requested

	all kinds of personal data about a client will be used for -

		4.1	the provision of legal advice and services to the client in accordance with the instructions of the client and as Deacons may otherwise deem appropriate or necessary;

		4.2	designing legal services or related products for clients’ use;

		4.3	collection of outstanding fees from clients;

		4.4	meeting the requirements to conduct client identification and verification and to make disclosure under the requirements of any law, guideline, code of practice or practice direction binding on, or applicable to, Deacons or any of its branches or associated firms or offices including, but not limited to, any such law, guideline, code or practice direction relating to anti-money laundering and anti-terrorism;

		4.5	purposes specifically provided for in any particular service offered by Deacons;

		4.6	purposes directly related to any of the above;

			the client's name and contact details (including but not limited to office address, telephone number and email address) provided by the client to Deacons will be used for -

		4.7	marketing Deacons' own legal services and/or related products.

			If a client does not want Deacons to use his personal data for the purposes mentioned in paragraph 4.7 above, he may write to or email the officer named at the end of this statement, indicating his decision and/or return a copy of this statement to that officer.

			IMPORTANT NOTES about Deacons marketing:

			4.7.1	Deacons may continue to use personal data of clients for its marketing purposes after 1 April 2013 without their express consent if, prior to 1 April 2013, it had (i) sent them a copy of its Personal Information Collection Statement and (ii) used their personal data for marketing purposes without objection. However, these clients still have the right at any time to send a notice to Deacons requesting Deacons to cease using their personal data for these purposes and Deacons will honour such requests promptly.

			4.7.2	All marketing in relation to Deacons legal services and related products to Representatives is sent to them in their official capacity as representatives of the client business for whom they work or represent and not in their individual capacity.

5	Data held by Deacons relating to a client will generally be kept confidential but Deacons may provide such information for the above purposes to:

		5.1	any other branch or associated firm or office of Deacons;

1	For people intending on applying for jobs within Deacons you should aware that it is necessary for staff members ('data subjects') to supply the Firm with data about themselves and sometimes also their family members from time to time in connection with their employment.

2	Failure to supply such data will result in the Firm being unable to operate its practice properly and may affect a data subject's employment prospects with the Firm and even result in dismissal.

3	The purposes for which data relating to data subjects are to be used are as follows:

	3.1	identification and determination of eligibility for employment in Hong Kong generally and qualifications relevant to data subject's employment with the Firm in particular;

	3.2	assessing work performance, attendance and disciplinary record;

	3.3	reviewing salaries, bonuses and other benefits;

	3.4	consideration of eligibility for staff loans;

	3.5	providing employee references;

	3.6	disclosure to immigration authorities - in relation to employment visa, where required;

	3.7	disclosure to tax authorities in the ordinary course of business;

	3.8	all other matters relating to employment of a data subject.

4	Data held by the Firm relating to data subjects will be kept confidential but the Firm is authorised to provide such information to:

	4.1	any person when the Firm is compelled to make disclosure under the requirements of any law binding on it or any of its branches, including, without limitation, tax authorities;

	4.2	any person with the express or implied consent of the data subject;

	4.3	any person where the interests of the Firm require disclosure;

	4.4	any person where the public interest requires disclosure;

	4.5	any agent, contractor, or third party service provider who provides administrative, telecommunications, computer or other services to the Firm in connection with the operation of its practice;

	4.6	any other person under a duty of confidentiality to the Firm including member of Deacons and other associated law firms and related business which has undertaken to keep such information confidential;

	4.7	persons seeking employee reference;

	4.8	Personnel Department staff of the Firm and supervisors of the data subject during the course of his/her employment; and