Employees may sustain injuries when working. This is particularly the case in the construction industry. In the following, we will show you a brief overview of when may an employee succeed in their compensation claim and what should both employees and employers do to treat compensation. 1 | Situations you can claim compensation In Employee’s Compensation Ordinance (Cap. 282) (“ECO”), compensation can be claimed if a personal injury is caused by an “accident arising out of and in the course of the employment”. So what does that mean? It means as long as the employee acts for the employer’s business and its causes, the accidental injury caused by the such act would fall into the scope of compensation. The fact that the employee was acting against the law or without the employer’s instructions does not matter. 2 | Situations which your claim MAY FAIL Despite suffering from an accidental injury, employees’ claims for compensation may still fail. In the following situation provided by ECO section 5 (2), no compensation will be given if: The injury does not incapacitate the employee from earning full wages at workThe incapacity or death results from a deliberate self-injuryThe employee falsely claimed to the employer that they do not suffer from incapacity or death caused by the injury The injury, not resulting in death or serious and permanent incapacity, is caused by an accident which is directly attributable to the employee’s addiction to drugs or use of alcohol. 3 | What should the employee and employer do? Employees should notify the employer of the work injury immediately. Additionally, they should receive medical treatment and send original medical certificates to the employer for compensation purposes. But employees should keep copies. To avoid disputes, employees should record the employment information (e.g. proof of employer-employee relationship). Employers ​​are obliged to notify Labour Department within 14

Employers may encounter a sudden increase in orders and require employees to work on holidays. However, do you know whether an employee could be paid or not? We will list common FAQs to solve the question.  Difference between statutory holidays and rest days Effective from 2022, The Employment Ordinance (Cap. 57) requires all employees in Hong Kong could enjoy 13 statutory holidays, regardless of their working experience. In The Employment Ordinance, rest days are defined as “a continuous period of not less than 24 hours” which are applicable to employees employed under a “continuous contract”. The effect of rest days is: that employees have the right to not work for the employer for 24 hours. The employer can decide whether the rest day is fixed or not. If the rest day is fixed, the employer will notify the rest day arrangement one time. For irregular rest days, the employee will be notified monthly.  Difference between statutory holidays and public holidays According to General Holidays Ordinance (Cap.149), public holidays include all Sundays and 17 festivals (e.g. Ching Ming Festival, Easter Monday). However, the Employment Ordinance lists that only 13 statutory holidays are allowed. In 2022, the Legislative Council passed Employment (Amendment) Bill 2021. The statutory holidays will increase one day every two years, such that the difference is being eliminated in 2030. The Birthday of the Buddha has been made a statutory holiday in 2022. Other days include:  the first weekday after Christmas DayEaster MondayGood Fridaythe day following Good Friday Rights to work on a statutory holiday?  If the employer requires the employee to work on statutory holidays, they must serve notice at least 48 hours before that day. Additionally, the employee must be substituted a holiday within 60 days before/after the working statutory holiday. If both parties agree, the employer can arrange a substitute holiday before/after the working

I. What is National Security Law in HKSAR? Ever since Hong Kong’s return to China on 1st of July 1997, article 23 of the Basic Law of HKSAR (“BL”) has been awaiting to be satisfied. Article 23 of the BL stipulates that Hong Kong SAR is obligated to enact its own laws to prohibit acts of treason, secession, sedition, subversion against the Central People's Government, theft of state secrets, and ties between Hong Kong’s political bodies with foreign political bodies. In 2003, the Hong Kong Legislative Council tried to satisfy Article 23 but failed. Later, on 30th of June 2020, the National Security Law of HKSAR ("NSL") was passed unanimously by the Standing Committee of National People’s Congress ("NPCSC") after consulting the Committee for the Basic Law of the Hong Kong Special Administrative Region and the Government of the Hong Kong Special Administrative Region. The NSL was directly promulgated in HKSAR through Annex III of the Basic Law. II. Institutions created from National Security Law in HKSAR The National Security Committee The National Security Committee of the HKSAR has been established.[1] It is led by the Chief Executive and heads of government departments under CPG’s supervision. The decisions made by the Committee cannot be judicially reviewed. The work of the Committee is confidential and is not influenced by other institutions of the HKSAR. The National Security Office The National Security Office has also been established by the CPG in Hong Kong.[2] Its functions include collecting and analysing national security information, and processing national security cases. The Office is not governed by the HKSAR and any other law enforcement agencies in Hong Kong. The National Security Department within the Hong Kong Police Force A new National Security Department has been set up within the Hong Kong Police Force.[3] Police are now given a wide range of power to investigate. For example, the police can intercept

Singapore recently overhauled its copyright regime to adopt a new act in 2021. The 1987 Act was entirely reorganized to enhance protection of copyright in view of the various technological developments, which have greatly impacted how copyright works are created, shared, accessed and used. The new law also aims to future-proof the regime to cater to future technological developments. The aim has also been to restructure and reword the legislation in plain English, to enhance its clarity and accessibility. The Act adopts a more intuitive, thematic structure and provides illustrations to show how provisions should be applied in particular situations. Differences between the Singapore Copyright Act, 2021 (SG Law) and the HK Copyright Ordinance - Cap. 528 (HK Law) are elaborated below:1. Ownership of Copyright in Commissioned Works Under the HK Law, literary, dramatic, musical and artistic works created on a commission basis, are governed by the commissioning agreement between the author and the commissioner of the work[1]. Irrespective of the commissioning agreement between the parties, the person/ organisation who commissioned the work, would still have an exclusive right to exploit the commissioned work for the reasonably contemplated purposes of commissioning work. Moreover, he even has the power to restrain others from exploiting the commissioned work for any purpose[2]. Under SG Law however, creators of photographs, portraits, engravings, sound recordings, songs, computer graphics, books, or films will by default be the first owner of copyright, even if they were commissioned to make those works. The parties do have the freedom to contract to the contrary[3]. 2. Illicit media streaming devices or services HK Law does not have any provision under the copyright law which governs the manufacture, distribution or sale or offering of illicit media streaming devices or services which facilitate access to unauthorised copy of a copyrighted work. SG Law

The employer usually provides its form of employment contract template to the employee. This gives the employer significant advantages of including terms in favour of the employer into the employment agreement, as most employees would not seek to negotiate such employment agreement. Most employers, whether first time or seasoned, would want to ensure that all the key and relevant terms have been included in the employment contract to avoid issues and disputes in the future. This guide discusses the key terms to be included in the employer's basic employment contract template, as well as go through a list of frequently asked questions by the employer relating to employment law. A. What is an Employment Contract? An employment contract is a legally enforceable agreement between an employer and an employee where specific employment terms and conditions are being made clear. Generally, an employment contract contains details such as the employee's duties, duration of the contract, health insurance policy, wages and entitlements, grounds for termination, termination procedures, confidentiality provisions, etc. Employment Ordinance (Cap 57 of the laws of Hong Kong) (the “EO”) is the primary legislation governing the terms and conditions of employment in Hong Kong. It sets out the rights, duties and benefits of the employees and employers such as the probationary period, annual level, maternity leave, paternity leave, termination of employment, notice for termination etc. The terms and conditions of the employment contract should be in compliance with the EO. If any term of an employment contract violates the provisions of the EO or reduces any benefits conferred upon the employee by this EO will be void. Therefore, an employment contract forms a vital part of an employment relationship as it manages expectations between parties and clearly sets out the terms and conditions of the employment. We understand writing an employment contract from scratch

As a small business/startup your priority is to grow your business and maximise profits – it is easy to neglect the legal aspects that are tedious, but equally as important. A lot of start-ups even rely merely on trust and verbal agreements when conducting business in their relationships with shareholders, partners, suppliers, and customers rather than taking time to draft contracts. You must understand that failure to document these agreements and understandings properly can prove fatal to business and brand image in the event of a dispute/litigation. What are the Essential Business Documents for a Small Company/Startup in Hong Kong? Most small business owners/ start-up founders are unaware of which contracts their businesses need to protect their relationships with other parties. This is understandable – don’t worry, we have a list of the 10 essential business documents for start-ups and small businesses while starting and conducting business operations in Hong Kong: Shareholders AgreementInvestment AgreementConfidentiality AgreementService AgreementEmployment Contract and Offer Letter ​​Contractor AgreementMemorandum of UnderstandingJoint Venture / Partnership AgreementLease Agreement / Tenancy AgreementPrivacy Policy Where do I get these Essential Business Contract Templates? It is crucial to have templates of common business contracts. However, most business owners do not know where to obtain templates. The most obvious way is to instruct a law firm to prepare business contract templates for you. However, this costs upwards of tens of thousands of dollars and many start-ups do not have the financial resources for this. For businesses that would like to save on time and costs or without a legal budget, an alternative is to create business documents through DocPro. We will be providing you with links to all the relevant business contract templates you need. They are completely customizable, meaning you can tailor them

Hong Kong is a special administrative region of China and the legal system is based on the rule of law and independence of the judiciary. Below, we expand on and discuss what it means for Hong Kong to be a “Special Administrative Region” in terms of its legal system: Hong Kong, the Special Administrative Region of the People’s Republic of China A Brief History A Collection of Small, Nameless Islands (Before 1841) Hong Kong, as we now know it, was once a collection of small islands among a couple hundred islands of Canton (Guandong) Province. At that time, Hong Kong was merely inhabited by a few thousand fishermen, farmers, and stonecutters. Hong Kong was under the administration of the Qing dynasty in China by the Great Qing Legal Code. British Hong Kong (1841 – 1997) During the First Opium War (1839 – 1842), the collection of small, nameless islands, which we know as Hong Kong today, was used by the British as a naval outpost. In 1841, modern Hong Kong was founded by the British. By the Treaty of Nanking (1842) between Qing China and the United Kingdom, the territory of Hong Kong was officially ceded to the British Crown. Soon thereafter, Hong Kong became a Crown Colony. Consequently, the English common law tradition was extended to Hong Kong and formed the foundation of British Hong Kong’s constitution. During British rule, the laws of England were in full force in Hong Kong, except where certain laws were inapplicable to the local circumstances or had been subsequently modified by laws passed by the legislature. Hong Kong, the Special Administrative Region of the People’s Republic of China (1997 – Present) By the Sino-British Joint Declaration (1984) between the United Kingdom (“UK”) and the People’s Republic of China (“PRC”), Hong Kong was to be governed under Chinese sovereignty after 1 July 1997. Thus, after the handover on 1 July 1997, Hong Kong was returned to China and became the Hong Kong Special

Are you looking to start a business with one or more partner(s) in Hong Kong? If so, you might want to consider conducting your business in the form of a partnership by entering a partnership agreement. A partnership agreement is an agreement between multiple partners that sets out the terms and conditions of the partnership for the business. The general idea behind a partnership is that each owner owns a portion of the business’ assets and liabilities and contributes to the business with their diverse skills and expertise. Having a partnership agreement alongside this arrangement helps to govern and formalise their relations to avoid dispute. It also ensures that the firm is overall running smoothly. We will be discussing everything you need to know about partnerships and how you can prepare a partnership agreement. Make sure to stay to the end as we have attached a partnership agreement format for downloading. A. What is a partnership? A partnership is a formal arrangement between multiple partners who share the management and profits of a joint business/venture. As per the Partnership Ordinance (Cap. 38 of the laws of Hong Kong), “Partnership is the relation which subsists between persons carrying on a business in common with a view of profit.” In partnership, the rights and obligations of the partners are governed by their partnership agreement and the Partnership Ordinance. The agreement may be oral or written The primary features of partnership are as follows: Each partner is an agent of the firm and the other partners i.e. the partners have the power to bind the firms and the other partners for any actions carried out in the course of the partnership business. Every partner may be held jointly liable with other partners for debts/liabilities of the business.There is a fiduciary relationship between partners – this means they owe a duty of good faith towards each other.   The partners have three key duties to the firm i.e.

Businesses need commercial property to generate profit through their sale of goods or services. However, for businesses to rent that property, they need to sign a commercial lease agreement. A commercial lease is a legally binding contract made between the company (the ‘tenant’) and the commercial landlord. Since commercial leases are different from residential leases, it is important to understand how to negotiate such a contract such that you do not get into an undesirable lease, and that the agreed terms between the landlord and tenant are reflected on the final lease. Here is everything you need to know about commercial leasing. How does a Commercial Lease differ from a Residential Lease? Commercial and residential leases are governed by different sets of rules. In most jurisdictions, residential leases receive a higher level of protection than commercial leases. This is because to secure a commercial lease and confirm the lease term(s), prospective tenants must go through rounds of negotiation. In contrast, the average consumer signing a residential lease does not. As such, residential leases offer additional protection for security deposits and rules for residential leases protecting the tenant’s privacy. Commercial leases are also typically more flexible, which will help ensure that the commercial spaces (e.g. office space)in question are fit for the specific purposes they are rented for. An agreement for commercial lease is more complicated because of the legal terminologies used in it. A copy of the commercial lease can be found ​​here and you can customize it as per your requirements. Relevant Hong Kong Laws The principal legislation governing commercial and residential leases in Hong Kong is the Landlord and Tenant (Consolidation) Ordinance (Cap. 7). It deals with matters relating to the rights and obligations of landlords and tenants; and Part V of the Ordinance covers non-domestic tenancies. Another relevant

Email marketing is an essential marketing strategy for brands who wish to directly market their product/good and increase their sales. Email marketing involves companies targeting their consumers directly to increase brand awareness and the prospects of consumer loyalty. While email marketing has clear benefits such as being low cost, flexible and effective, consumer privacy is at stake – companies must be hyperaware to ensure that they do not cross the line between email marketing and unsolicited spamming. But what exactly are the legal requirements you must comply with for email marketing campaigns, and what are the associated risks? We will be giving you some pointers on how you can comply with the privacy laws of your jurisdiction and avoid legal liability relating to unsolicited spam mails. You should also note that the laws and regulations of each jurisdiction may well be different and you may want to consult a local lawyer to obtain the most accurate and professional legal advice. A. Email Marketing / Advertising Management 1. What is Email Marketing / Advertising Management? Email Marketing also called Email Direct Marketing (EDM), is one of the effective digital marketing channels. It involves targeting past and potential customers by sending emails to promote products and services. Email marketing is one of the most common and effective online marketing strategies. There is a lot of content you can promote via email marketing. Some examples include: New products or servicesDiscountsEngagement activities/Call-to-actionEducational articlesBrand awareness articles 2. Why Email Marketing / Advertising Management? Advantage #1: Email Has The Most Number Of Active Users Statistics show that 296 billion emails are sent and received each day, and 3.4 million emails are sent every second (a few million were sent just as you read this paragraph.) It is also currently projected that the number of active email users will reach

Businesses often set up their own websites to expand their outreach. Once you have an online presence then it is likely that you will collect and use customer personal data such as the customer’s email address, name, purchase records, search enquiries etc. This implies that the data privacy laws will apply to your business and you need to understand your obligations to protect customer personal data to ensure compliance. Any failure to comply with the data privacy regulations can: result in hefty fines and penaltiesdamage our business’s reputation and brand value. cause damage to your business as consumers are aware of the value of their personal data and failure to protect will make customers lose their trust in your businessresult in complaints from customers in the event of data breach The law governing personal data and privacy in Hong Kong is the Personal Data (Privacy) Ordinance (Cap. 486) (the “PDPO”).  It is applicable to both the private and the public sectors. This article provides guidance to the online business owners on complying with the requirements under the PDPO. A. Data Protection and Privacy 1. Key Terms You Need to Know Before we go any further, it is important to understand basic terminologies used in the PDPO: (a) Personal Data means any data relating directly or indirectly to a living individual; from which it is practicable, directly or indirectly, to ascertain the the identity of the individual; and in a form in which access to or processing of the data is practicable Some common examples of customer personal data collected in an online business and subject to the PDPO are customer’s name, email address, sex, age etc. (b) Data Subject refers to an individual who is the subject of the data (c) Data User refers to a person who, either alone or jointly controls the collection, holding, processing or use of the data. 2. The Six Data Protection Principles The PDPO provides for six data

Businesses often set up their own websites to expand their outreach. Once you have an online presence then it is likely that you will collect and use customer personal data such as the customer’s email address, name, purchase records, search enquiries etc. This implies that the data privacy laws will apply to your business and you need to understand your obligations to protect customer personal data to ensure compliance. Any failure to comply with the data privacy regulations can: result in hefty fines and penaltiesdamage our business’s reputation and brand value. cause damage to your business as consumers are aware of the value of their personal data and failure to protect will make customers lose their trust in your businessresult in complaints from customers in the event of data breach The law governing personal data and privacy in Hong Kong is the Personal Data (Privacy) Ordinance (Cap. 486) (the “PDPO”). It is applicable to both the private and the public sectors. This article provides guidance to the online business owners on complying with the requirements under the PDPO. A. Data Protection and Privacy 1. Key Terms You Need to Know Before we go any further, it is important to understand the basic terminologies used in the PDPO: (a) Personal Data means any data relating directly or indirectly to a living individual; from which it is practicable, directly or indirectly, to ascertain the identity of the individual; and in a form in which access to or processing of the data is practicable Some common examples of customer personal data collected in an online business and subject to the PDPO are customer’s name, email address, sex, age etc. (b) Data Subject refers to an individual who is the subject of the data (c) Data User refers to a person who, either alone or jointly controls the collection, holding, processing or use of the data. 2. The Six Data Protection Principles The PDPO provides for six data

Without pre-empting potential legal issues, business owners can easily find themselves embroiled in costly and time-consuming legal disputes. This is particularly important for small business owners, who likely do not have the funds nor the reputation to survive legal battles. Although legal issues are often industry and jurisdiction-specific, we have identified the most common legal issues in businesses and how you can avoid them:  1. Business structure Whilst many new business owners typically give a lot of thought to matters such as customer drivers, trademarks, employees, and management, choosing a business form is either not prioritised or entirely skipped. However, defining your business structure is a critical first step in setting up your business. It has wide implications for your earning potential, taxes, and personal liability, and may often spell the difference between success and failure in today’s competitive market. Common business structures include: Sole proprietorship A sole proprietorship is the most common type of entity. The basic premise is that the business is carried out in the sole owner’s name, meaning that the owner has total control over business operations and is personally liable for all liabilities/obligations of the business. If you are running the business on your own, a sole proprietorship is the simplest form of legal entity to set up. All sole proprietorships must register with the Inland Revenue Department’s Business Registration office. The business should be registered within one month from the date of commencement of business. If your business is yet to commence operation then your application for business registration will not be accepted by the IRD. The documents required for registration are as follows: Complete the application form i.e. Form 1(a)Pay the business registration fee and levySubmit identity proof. If you are the owner, you can submit your Hong Kong identity card. If you

Consumers are generally provided with unfair contracts in relation to goods and services. The contract terms tend to be one-sided and in fine print. Most consumers do not care about these unfair contract terms until something blows up, in which case it is arguable whether these terms are enforceable. A term or notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer; An unfair term is not binding on the consumer unless he/she chooses to rely on it. While unfairness of terms can be a problem in both contracts between businesses and between businesses and consumers, it is undeniable that most consumers tend not to read the terms carefully which may lead to contractual disputes. In most common law jurisdictions, there are legislation to offer statutory protection for consumers against unfair contract terms (please see the table below). For the purposes of this article, consumer protection laws in the Hong Kong and the UK will be discussed in greater detail. JurisdictionRelevant legislationAustralia: Australian Consumer Law - Competition and Consumer Act 2010 (Cth) (CCA) (applicable to new contracts entered into on, or after 1 July 2010 and terms of existing contracts renewed or varied on or after 1 July 2010Canada: British ColumbiaBusiness Practices and Consumer Protection ActCanada: OntarioConsumer Protection ActHong KongThe Unconscionable Contracts Ordinance (Cap. 458)SingaporeConsumer Protection (Fair Trading) ActNew ZealandFair Trading ActUnited KingdomConsumer Rights Act 2015 The main piece of legislation governing the relationship between businesses and consumers in the United Kingdom is the Consumer Rights Act 2015 (CRA 2015) which protects consumers against traders. It covers all terms in the contract except the main subject matter which has been made prominent and transparent. In this article, we will be

Employment has undergone significant change in recent years – being ‘self-employed’ is more common than ever. But what does the term mean? Self-employment is an umbrella term that simply refers to an individual who is not ‘traditionally’ employed or subject to the oversight of an employer. Instead, they work for themselves and are their own bosses. Under the category of ‘self-employed’ include freelancers, independent contractors, and sole proprietors. On the other hand, employees are subject to the control of an employer, meaning that they do not fall into the same category. Employee What are employees? An employee is an individual who is hired by an employer to take up a particular job. Employees perform specific tasks or responsibilities for employers and are awarded compensation in return. Terms of employment are set out in the employment contract and govern the relationship. Employee manuals/handbooks are also created by the employer and handed to the employee. They outline policies, guidelines, and other important information defining the employee-employer relationship. Check out our customizable template for an employee manual here. How do employees work? Since employees are hired by employers, they are subject to oversight by employers and are bound by the terms of employment set out by the employer in their employment contract. Employment contracts are crucial as they govern the employment relationship. To have employee status, the following factors are typically present: The employee is obliged to carry out the task personally and cannot simply find or send a substitute.The employer is obliged to set work for the employeeThe employer has a certain level of control over how the employee does the work. What rights do I have as an employee? Employment Ordinance (Cap 57 of the laws of Hong Kong) (the “EO”) is the primary legislation governing the employment and labour related matters in Hong Kong. It sets

By HENRY YU & ASSOCIATES On 28 January 2022, the Securities and Futures Commission (the “SFC”) and the Hong Kong Monetary Authority (the “HKMA”) published the “Joint circular on intermediaries’ virtual asset-related activities” (the “Joint Circular”), which would supersede the “Circular to intermediaries: distribution of virtual asset funds” dated 1 November 2018 (the “2018 Circular”). Noting the rapid evolution of the virtual asset (singularly “VA” and plurally “VAs”) landscape, the Joint Circular sets out the SFC and the HKMA’s updated regulatory framework on the distribution of VA-related products and the provision of VA dealing services and VA advisory services. A. Distribution of VA-related products In the Joint Circular, the SFC and the HKMA have reiterated their view that VA-related products are very likely to be considered “complex products”1 (the “Complex VA-Related Products”), the distribution of which would be subject to the followings:- (a) Compliance with the existing requirements relating to the sale of complex products (the “Existing Complex Product Regime”), including various suitability tests and due diligence obligations;2 and (b) Complex VA-Related Products shall only be offered to professional investors3 (the “Professional Investor-Only Restriction”);4 and (c) Except for institutional professional investors5 and qualified corporate professional investors,6 intermediaries should conduct a virtual asset-knowledge test (the “VA Knowledge Test”) to assess whether the client possesses sufficient knowledge of investing in VAs or VA-related products7 prior to effecting a transaction in VA-related products on the client’s behalf (the “VA Knowledge Test Requirement”).8 Certain VA-related derivative products, which are either traded on regulated exchanges specified by the SFC or are permitted by the regulator for offering to retail investors in a designated jurisdiction,

As a small business/startup your priority is to grow your business and maximise profits – it is easy to neglect the legal aspects that are tedious, but equally as important. A lot of start-ups even rely merely on trust and verbal agreements when conducting business in their relationships with shareholders, partners, suppliers, and customers rather than taking time to draft contracts. You must understand that failure to document these agreements and understandings properly can prove fatal to business and brand image in the event of a dispute/litigation. What are the Essential Business Documents for a Small Company/Startup in Hong Kong? Most small business owners/ start-up founders are unaware of which contracts their businesses need to protect their relationships with other parties. This is understandable – don’t worry, we have a list of the 10 essential business documents for start-ups and small businesses while starting and conducting business operations in Hong Kong: Shareholders AgreementInvestment AgreementConfidentiality AgreementService AgreementEmployment Contract and Offer Letter ​​Contractor AgreementMemorandum of UnderstandingJoint Venture / Partnership AgreementLease Agreement / Tenancy AgreementPrivacy Policy Where do I get these Essential Business Contract Templates? It is crucial to have templates of common business contracts. However, most business owners do not know where to obtain templates. The most obvious way is to instruct a law firm to prepare business contract templates for you. However, this costs upwards of tens of thousands of dollars and many start-ups do not have the financial resources for this. For businesses that would like to save on time and costs or without a legal budget, an alternative is to create business documents through DocPro. We will be providing you with links to all the relevant business contract templates you need. They are completely customizable, meaning you can tailor them

What is an unfair contract term? Consumers are generally provided with unfair contracts in relation to goods and services. The contract terms tend to be one-sided and in fine prints. Most consumers do not care about these unfair contract terms until something blows up, in which case it is arguable whether these terms are enforceable. A term or notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer; An unfair term is not binding on the consumer unless he/she chooses to rely on it. While unfairness of terms can be a problem in both contracts between businesses and between businesses and consumers, it is undeniable that most consumers tend not to read the terms carefully which may lead to contractual disputes. In most common law jurisdictions, there are legislation to offer statutory protection for consumers against unfair contract terms (please see the table below). For the purposes of this article, consumer protection laws in the Hong Kong and UK will be discussed in greater details. JurisdictionRelevant legislationAustralia: Australian Consumer Law - Competition and Consumer Act 2010 (Cth) (CCA) (applicable to new contracts entered into on, or after 1 July 2010 and terms of existing contracts renewed or varied on or after 1 July 2010Canada: British ColumbiaBusiness Practices and Consumer Protection ActCanada: OntarioConsumer Protection ActHong KongThe Unconscionable Contracts Ordinance (Cap. 458)SingaporeConsumer Protection (Fair Trading) ActNew ZealandFair Trading ActUnited KingdomConsumer Rights Act 2015 The main piece of legislation governing the relationship between businesses and consumers in the United Kingdom is the Consumer Rights Act 2015 (CRA 2015) which protects consumers against traders. It covers all terms in the contract except the main subject matter which has been made prominent and

Are you looking to start a business with one or more partner(s) in Hong Kong? If so, you might want to consider conducting your business in the form of a partnership by entering a partnership agreement. A partnership agreement is an agreement between multiple partners that sets out the terms and conditions of the partnership for the business. The general idea behind a partnership is that each owner owns a portion of the business’ assets and liabilities and contributes to the business with their diverse skills and expertise. Having a partnership agreement alongside this arrangement helps to govern and formalise their relations to avoid dispute. It also ensures that the firm is overall running smoothly. We will be discussing everything you need to know about partnerships and how you can prepare a partnership agreement. Make sure to stay to the end as we have attached a partnership agreement format for downloading. A. What is a partnership? A partnership is a formal arrangement between multiple partners who share the management and profits of a joint business/venture. As per the Partnership Ordinance (Cap. 38 of the laws of Hong Kong）, “Partnership is the relation which subsists between persons carrying on a business in common with a view of profit.” In partnership, the rights and obligations of the partners are governed by their partnership agreement and the Partnership Ordinance. The agreement may be oral or written The primary features of partnership are as follows: Each partner is an agent of the firm and the other partners i.e. the partners have the power to bind the firms and the other partners for any actions carried out in the course of partnership business. Every partner may be held jointly liable with other partners for debts/liabilities of the business.There is a fiduciary relationship between partners – this means they owe a duty of good faith towards each other. The partners have three key duties to the firm i.e. the