The introduction of a crosssector competition law is a new initiative for hong kong. Facts in november 2004, the subchartered oil tanker mt athos i allided with an abandoned nineton ship anchor during a journey from venezuela to new jersey. The strategy follows the publication by hm treasury of an independent report on the state of competition in digital markets in march this year, draws together the various strands of work the cma has already done in the digital space and sets out its ambitions for the future. In part ii, we seek to answer the question why hong kong needs a crosssector competition law. Consultation paper on detailed proposals for a competition law. With local lawyers on the ground, we have the ability to flag potential pitfalls in each country, advise on cultural differences and nuances, offer vital auxiliary advice in such areas as employment and competition law and manage even the most demanding due diligence exercise. The hong kong competition ordinance ordinance is now into its second year after coming into full effect on 14 december 2015. The university of hong kong and the chinese university of hong kong in particular were awarded top spots in international university rankings. The professional conference circuit will likely put competition on the same footing as antimoney laundering and fatca foreign account tax compliance act as the hot conference topics. Hkiac hoping to cash in on increased ip arbitration law360.
We have again invited contributions on the law of leading maritime nations, including both major flag states and the countries in which most shipping companies are located. The law redefines the relationships between the government and firms, between large firms and smes, and between firms and consumers. The role of law in the peoples republic of china as reflecting mao tsetungs influence shaochuan leng during the heyday of the cultural revolution 196669 in the peoples republic of china, mao tsetung called for the smashing of kungchienfa public security, procuratorate, and judicial organs and he was also. Enacted in 2012, the hong kong competition ordinance represents the first crosssector competition legislation governing the hong kong special administrative region. Hong kong s competition ordinance was passed in 2012. Conference enforcing competition law in hong kong and the european union. Conference enforcing competition law in hong kong and the. Democracy in hong kong council on foreign relations. A graduate of hku and the university of chicago, he taught briefly at the hku faculty of business and economics before joining the faculty of law in august 2012. Among them, only 10 cases have moved into indepth investigation. Copublished feature hong kongs competition law landscape. Furthermore, the government is currently devoting a lot of its attention and resources to strengthening the region as an education hub. A ship under any flag may be arrested in hong kong and security arrests are permitted. Statutory bodies and hong kongs proposed competition law.
Chinese provincial flag consisting of a red field background bearing, at its centre, a stylized fivepetaled white flower with a fivepointed red star in each petal. Update on competition law in hong kong the longawaited competition ordinance has come into full force as of 14 december last year after a decade and a half of public discussion and debate. Stipulations for the display and use of the national flag and national emblem and the regional flag and regional emblem pdf. Reflecting on year 1 of hong kong competition enforcement. Sep 30, 2019 the sinobritish joint declaration of 1984 dictated the terms under which hong kong was returned to china. In the absence of a right of standalone private action under hong. Pdf notices, enforcement and the making of the hong kong. Division 3amendment to legislation publication ordinance cap. The role of law in the peoples republic of china as. Hong kongs competition law regime does not include cross sector. Hong kongs universities and other legal education and training bodies will likely add new modules on the competition law and practice. The sfc also disciplined two licensed representatives for their responsibility for the sponsor failures.
The law of hong kong is unique, being a common law system preserved, after the handover to china in 1997, within the civil law system of the peoples republic of china prc, under the principle of one country, two systems. The institutional provisions of the ordinance will come into force first to enable the establishment of the competition commission commission, competition tribunal tribunal and preparation of. In addition, the commission has further published a number of guidance notes and policy documents on specific issues. The competition ordinance 2012 was adopted by the hong kong legislative council on june 14 and signed into law by the chief executive on june 21. Hong kong antitrustcompetition law mayer brown 3 jun 2016. Liberalisation and deregulation of the sector have facilitated the entry of new firms, which in turn has had a positive impact on competition and innovation. Competition law in hong kong is the law that sustains the market competition through controlling the companies anticompetitive conduct. Britain acquired hong kong island from china in 1841. The hong kong competition commission is actively investigating cases to enforce compliance with the ordinance and has already brought its first case before the competition tribunal. Hong kong is justifiably proud of its reputation for having one of the most thriving and dynamic economies in the world. Competition june 2009 statutory bodies and hong kongs proposed competition law exempt or exposed.
The hong kong court of first instance rejected a claim that it had jurisdiction to determine whether a trade association violated the competition ordinance. Macaura v northern assurance co ltd 1925 ac 619 appeared before the house of lords concerning the principle of lifting the corporate veil. Competition policy regional policy european commission. We were proud to be the first law firm in hong kong to issue and update to our clients following the publication of the longawaited draft implementation guidelines by commission in october 2014 with our legal update at long last. While beijing has pledged to honour basic law in hong kong until 2047, scepticism still remains. Impact on construction contracting article pdf available in journal of legal affairs and dispute resolution in engineering and construction 62. Speakers biography competition law series fighting. Hong kong is currently the sixthbusiest container port in the world behind. Since then, the hong kong competition commission commission has initiated initial assessment of 111 cases.
The national flag, national anthem, national emblem and the capital. A flag with a white 5petalled flower design on solid red background. After three rounds of public consultation and debate, and several false starts1, the government appears committed to moving forward with proposals it. The ordinance gives hong kong its first general competition law that applies to all sectors of the economy. A new belgian competition law is due to be adopted in 2019, dealing mainly with procedural points such as the. The design of the flag comes with cultural, political, and regional meanings. The implementation of competition law in hong kong and the role of judges talk to the hong kong competition association1 lord neuberger, president of the supreme court september 2016 introductory 1.
The cma has today released its eagerly anticipated digital markets strategy. Why did they play the british anthem, and raised the flag that was similar to the british national flag. International economic law from the chinese university of hong kong. Iclg enforcement of foreign judgments laws and regulations hong kong covers common issues in enforcement of foreign judgments laws and regulations through the detailing of the general enforcement regime, enforcement regime applicable to judgments from certain countries, and methods of enforcement in 35 jurisdictions. Fair competition under laissezfaireism lingnan university. Hong kong officially the hong kong special administrative region of the peoples republic of. Date 19 january 20 10 april 2010 tuesday evening s time 6. The precise use of the flag is regulated by laws passed by the 58th. Cathay pacific and its subsidiaries employ some 27,500 people worldwide more than 20,000 people in hong kong.
Kelvin kwok second from left, assistant professor of university of hong kong and barristeratlaw, ms. Reflecting on year 1 of hong kong competition enforcement by jessica hoke vandermiller, squire patton boggs us llp december, 2016, 11. These national laws apply in hong kong by the hong kong legislature legislating on the same matter. Macaura v northern assurance co ltd project gutenberg self. Airline competition air transport has radically evolved over the last two decades. Click here for easytofollow brochures to help you understand the competition ordinance.
This article critically evaluates the peculiar aspects of the competition ordinance. For hong kongs protesters, their citys unique identity is. And having hong kong carry the flag forward on this issue may encourage other countries to adopt similar laws. Kelvin kwok, assistant professor of law, university of hong kong hku, specialises in competition law, intellectual property law, tort law, and law and economics. The hong kong government is proposing to introduce a crosssector competition law. How to prepare protecting personal privacy is vital for any high net worth individual, in or out. The design of the flag is enshrined in hong kongs basic law, the territorys. The prohibitions in the law are expected to come into effect when the new competition commission and tribunal have been established, which the administration estimates may take approximately 12 months. Why do shipowners prefer them and what is charterers position.
Butterworths hong kong competition law handbook special edition of halsburys laws of hong kong on competition law corporate and commercial nd butterworths hong kong company law handbook 22 edition butterworths hong kong contract law handbook fourth edition butterworths hong kong partnership law handbook second. The fcr applies to all undertakings including selfemployed persons that engage in economic activity. For more detail, see the vademecum on state aid pdf. Created by the hong kong competition ordinance 2012 ordinance, the infringement notice and the warning notice are novel tools of competition law enforcement. Before hong kong s transfer of sovereignty, between 20 may 1987 and 31 march 1988, a contest was held amongst hong kong residents to help choose a flag for postcolonial hong kong, with 7,147 design submissions, in which 4,489 submissions were about flag designs. On 14 june 2012 hong kongs legislative council voted to enact hong kongs first crosssector competition law, the competition ordinance co. The longawaited competition ordinance has come into full force as of 14 december last year after a decade and a half of public discussion and debate. A competition law for hong kong competition policy. The basic law of the hong kong special administrative region of the peoples. The eastern city and subsequent case law has confirmed that unqualified safeberth clauses represent a warranty of safety for charterers nominated loading and discharge ports. Hong kong passed its first comprehensive competition law competition ordinance in june 2012, and the law came into full effect in december 2015. This is a significant breakthrough in hong kong s economic policy. As mentioned in our previous articles, if the hong kong competition commission the commission proceeds to a formal investigation, it will have at its disposal a full arsenal of investigative tools. Yet the registry held on to the fourth place in the global stage without much danger as its close competitors did not fare much better either.
It has been deeply committed to its home base over the last seven decades, making substantial investments to develop hong kong as one of the worlds leading international aviation centres. Parknshop merger will prove hong kongs competition law is a joke. Hong kong has an energy about it that is hard to describe. What you need to know about hong kong competition law part 1 general overview 14 october 2015 the implementation of the new competition ordinance chapter 619 of the laws of hong kong the competition ordinance on 14 december 2015 will mark the first time that hong kong has a general and crosssector competition law. Hong kong has been part of the territory of china since ancient times, but it was under the british rule in 1996. The hong kong competition ordinance competition ordinance went into full implementation on december 14, 2015. Hong kongs new competition law is now in effect and applies to all. Mark jephcott first from left, partner, herbert smith freehills, mr.
If you want to match the order of words, specify near apple, lemon, 2, true a percent sign % can be used to match zero or more characters. In december 2015, new competition laws went into force in hong kong. Air hong kong passenger, cargo and other airlinerelated services in mainland china, and is the major shareholder in ahk air hong kong limited air hong kong, an allcargo carrier offering scheduled services in the asian region. Legal 500 germany 2019 handbook puts taylor wessing in tier 1 in nine categories. Its design was adopted on 4 april 1990 at the third session of the seventh national peoples congress. Hong kongs competition commission will need much more enforcement experience than it currently possesses to make major adaptations to the citys draft competition guidelines, released on 9 october, says thomas cheng, a member of the commission. Iclg shipping laws and regulations covers common issues in shipping laws and regulations including marine casualty, cargo claims, passenger claims, arrest and security in 44 jurisdictions. The flower in the centre is a bauhinia blakensis, a species unique to hong kong. Hong kong is a free and open economy, with few restraints to trade in goods. Test is whether the conduct has the purpose or effect of preventing or substantially restricting competition. We first rebut various misconceptions about competition policy. This is the first crosssector competition law in hong kong, which is one of the last developed economies to adopt such law. Hong kong is known the world over as a glamorous city and a top choice for luxury shopping. Cipo once again extends deadlines this time until june 1.
Aba section of antitrust law international committee july. Oocls comments on the new competition law focus on. Ubs securities hong kong limited also had its type 6 licence to advise on corporate finance partially suspended which prevents it from acting as sponsor to any hong kong listing application for one year. International schools and the education system in hong kong. On december 14 2015, the hong kong competition ordinance became fully effective. But this citystate is steeped in culture and history, and has a lot more to offer than mouthwatering dim sum and an impressive skyline. Draft hong kong competition law guidelines published. We are highly competitive globally in the areas of financing services, business and commerce, logistics and professional services. Unusually, the request to do so was in this case made by the corporations owner. The cathay pacific group operated 203 aircraft at 30th june 2017. Hong kongs competition law now in force tips for financial. Cma releases its digital markets strategy and opens new. Parknshop merger will prove hong kongs competition law is.
Further details can be found on the individual pages of each guideline. The flag claimed the thirdgreatest share in the bulker. Enforcement of foreign judgments 2020 hong kong iclg. The new south wales experience and lessons for hong kong john burke and hao dong volume 17 number 1 2009. The aim of the criminal law of the peoples republic of china is to use criminal punishments to fight against all criminal acts in order to safeguard security of the state, to defend the state power of the peoples democratic dictatorship and the socialist system, to protect property owned by the state, and property collectively owned by the. Clara ingenhousz third from left, antitrust partner, linklaters, mr. A flag carrier is a transportation company, such as an airline or shipping company, that, being locally registered in a given sovereign state, enjoys preferential rights or privileges accorded by the government for international operations historically, the term was used to refer to airlines owned by the government of their home country and associated with the national identity of that country. In that report, the cprc advocated the adoption of a crosssector competition law that would, at least initially, run in parallel with the existing sectorspeci. The ordinance, which is hong kongs first crosssector competition law, is modeled on various experienced competition regimes, including that of the european union. Penalties for failing to comply can be severe a company group may be fined up to 10% of its annual turnover in hong kong for each contravention.
Hong kong competition law guide hong kong s new competition law came into full effect on 14 december 2015 and now applies to all businesses in hong kong. The global, award winning team at hogan lovells is ready to help you identify and solve the most complex competition matters. Cartel conduct is considered one of the most serious violations of competition law and the hong kong competition ordinance treats it as such. Hong kong competition law capabilities mayer brown.
Parr article on competition law independent hong kong. Mergers and acquisitions services dla piper global law firm. Our prospective thinking brings us at the forefront of developments in the law. What you need to know about hong kong competition law. The declaration and hong kongs basic law, the citys constitutional document. But if you are expecting the same sort of regulatory scrutiny in hong kong under the. Hong kong competition association competition commission and hong kong competition association invite you to a seminar on aspects of the hong kong competition law regime date. Sep 04, 2019 hong kong exists as a special administrative region controlled by the peoples republic of china and enjoys its own limited autonomy as defined by the basic law. She studied competition law during the autumn semester of 20 and now works for deacons as a paralegal. Dec 10, 2018 04 maisie cheng, director, marine department, hong kong. Competition law is now a key feature of doing business in or with companies in hong kong. The significance of the hong kong competition commissions. This is the first crosssector competition law in hong kong, which is.
During her studies, she nurtured her interest in the subject and she is now researching the topic of big data and competition law together with prof. The regional flag of the hong kong special administrative region of the peoples republic of. Hong kong has grown increasingly resentful about its potential role under chinas shadow. The competition ordinance is designed to promote competition and prohibit anticompetitive practices. Competition policy and updating vehicles for the delivery of legal services. Day to day oversight of the enforcement, legal, and administrative functions of the hong kong competition commission, which is responsible for enforcement of hong kong s competition ordinance. Cartel conduct is caught by the ordinances first conduct rule fcr. The introduction of a crosssector competition regime to hong kong is an important step in safeguarding our shared value of fair competition. According to the united nations convention on the law of the sea 1982 unclos, every ship should sail under a states flag and every state even states which have no marine borders, like mongolia has the right to have vessels flying its flag. Prepare and circulate a competition law compliance manual and dos. Near apple, lemon, 2, false means to find documents having apple within 2 words apart from lemon. Nov 14, 2019 hong kong has increasingly resisted beijings ongoing efforts to impose national policies from a draconian national security law to patriotic education that many in the territory. The implementation of competition law in hong kong and.
These fears, coupled with a semiauthoritarian regime, have some worried that hong kong could, very well. Competition commission conducts training by international competition law experts for public sector. Hong kong competition law oocls position oocl strongly believes that an appropriate competition policy is one that should facilitate and promote international trade, on which the success of the hong kong economy relies. On may, the canadian intellectual property office cipo once more extended most deadlines in the period beginning march 16 and ending may 31, 2020, to the next working day or until june 1, 2020. The court reasoned that determination of a breach of the competition ordinance was reserved for the competition tribunal. The hkco prohibits anti competitive agreements first conduct rule, abuse of a substantial degree of market power second conduct rule and anticompetitive mergers merger rule although this is currently only applicable to mergers involving a party that owns or directly or indirectly controls a telecommunications carrier licencee in hong kong. The competition ordinance ordinance, enacted on 14 june 2012, introduces a cross sector competition law in hong kong for the first time. Hong kongs fleet slightly dropped in 2018 and it lost further ground to liberia. A flag carrier is a transportation company, such as an airline or shipping company, that, being locally registered in a given sovereign state, enjoys preferential rights or privileges accorded by the government for international operations.
The first modern competition was organised in 1976, and overseas teams. Hong kong is an international financial, transportation and trade centre, as well as an international offshore renminbi business hub and asset management centre. Apple is good means to find documents having the exact phrase apple is good. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by any means, electronic. Sfc imposes record fines for sponsor failures hong kong law. Basic law the source of hong kongs progress and development pdf. Welcome to aplr online version welcome to lexisnexis. Flag of hong kong chinese provincial flag britannica. The guidelines provide guidance on how the commission and the communications authority intend to interpret and give effect to the provisions of the ordinance. The regional flag of the hong kong special administrative region of the peoples republic of china depicts a white stylised fivepetal hong kong orchid tree bauhinia blakeana flower in the center of a chinese red field.
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