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Howse Williams 何韋律師行 | Hong Kong | 15 Aug 2018

Preventing employment discrimination versus upholding status of marriage

The Basic Law states that "the freedom of marriage of Hong Kong residents and their right to raise a family freely shall be protected by law". This protection is understood to be limited to marriage between monogamous heterosexual couples, which has led to debate on the equal treatment of homosexual couples. The principal issue is that treating same-sex relationships differently is......
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Howse Williams 何韋律師行 | Hong Kong | 10 Jul 2018

Hong Kong Insurance Authority launches consultation on draft enterprise risk management guideline

The Hong Kong Insurance Authority recently released a draft guideline on enterprise risk management as part of Hong Kong's move towards a risk-based capital regime. The draft guideline considers the recent consultation and review of the relevant insurance core principles by the International Association of Insurance Supervisors and aims to nurture a strong risk culture which reflects the......
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Howse Williams 何韋律師行 | Hong Kong | 20 Jun 2018

First Conduct Rule breaches: not just anti-competitive, but illegal

The Competition Commission recently issued an advisory bulletin on the potential risks that could arise under the Competition Ordinance (Cap 619) in the employment context. The commission identified a number of practices between employers which are at risk of contravening the First Conduct Rule of the ordinance – specifically, wage-fixing and non-poaching agreements and the exchange of......
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Howse Williams 何韋律師行 | Hong Kong | 30 May 2018

With great power comes great responsibility

In a recent case, a senior employee was found to have acted as a de facto director of the plaintiff company as a result of her position and responsibilities within the company. Consequently, the employee was held to have breached the fiduciary duties which she owed to the company by diverting business opportunities away from it and making unauthorised use of its resources.
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Howse Williams 何韋律師行 | Hong Kong | 22 May 2018

Lawmakers building HK$1 million safety net for policyholders

Lawmakers recently met to discuss a new bill to establish a policyholders' protection scheme to protect policyholders' interests in case an insurer becomes insolvent. This safety net will cover individuals, small and medium-sized enterprises and building owners' corporations. All authorised insurers in Hong Kong will have to participate and pay an initial levy to build up the two compensation......
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Howse Williams 何韋律師行 | Hong Kong | 3 Apr 2018

Complaint channels for insurance policyholders

If a policyholder is dissatisfied with the conduct of an insurer, agent or broker, there are various channels for making a complaint. One such channel is the Insurance Claims Complaints Bureau, which was recently revamped to provide Hong Kong's insurance industry with improved methods of settling personal insurance claims and disputes by providing policyholders with an alternative dispute......
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Howse Williams 何韋律師行 | Hong Kong | 30 Jan 2018

'Insurtech' initiatives in Hong Kong

The Insurance Authority has launched two new initiatives to promote the use of 'insurtech' in Hong Kong and encourage insurers and technology companies to team up to develop innovative insurance technology in light of recent market trends. The initiatives aim to promote the development of new technologies in Hong Kong's insurance sector and maintain Hong Kong's competitiveness in the Asian......
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Howse Williams 何韋律師行 | Hong Kong | 14 Nov 2017

New insurance levy to be introduced

The Insurance Authority will begin to collect a levy from policyholders through premium payments to insurers from January 1 2018. Holders of life insurance policies and general insurance policies (eg, travel, motor, property and household) will be required to pay the levy; however, reinsurers, policies underwritten by captive insurers and marine, aviation and goods-in-transit businesses are......
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Howse Williams 何韋律師行 | Hong Kong | 5 Sep 2017

Court quashes payment order made against AIA and order costs against tribunal

The Insurance Agents Registration Board recently initiated disciplinary proceedings against a former AIA International Limited agent for breaches of the Code of Practice issued by the Hong Kong Federation of Insurers. The resulting disciplinary action included a payment order of HK$806,200 against AIA; however, this decision was reversed by the Court of First Instance following a judicial review.
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Howse Williams 何韋律師行 | Hong Kong | 4 Jul 2017

Hong Kong and China insurance regulatory bodies team up

The Office of the Commissioner of Insurance and the China Insurance Regulatory Commission recently signed an agreement to conduct an equivalence assessment on the insurance solvency regulatory regimes of Hong Kong and mainland China, as well as to implement procedures and transitional arrangements to increase cooperation between the two insurance regulatory bodies.
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