Announcements
Announcements
OLN participates in the ABL Conference in Mumbai (2-6 May 2012)
The ABL (Alliance of Business Lawyers) network connects lawyers in Europe, North America and across the world. OLN joined ABL in 2011 (http://www.alliance-of-business-lawyers.com/en/).
The conference was hosted by a Mumbai based member of ABL, law firm Dave & Girish with the active participation of Bangalore (MMB Legal) and New Delhi (Singh& Associates) members. Participants interacted with a number of high-profile speakers, notably Dr. Mr. Veerappa Moily, Union Minister for Corporate Affairs of the Government of India. In more than one occasion, speakers highlighted the opportunities for investments in India, especially in infrastructures, green energy, and chemical industry.
India ranks as Hong Kong seventh largest trading partner in volume. The average annual growth rate in bilateral trade between Hong Kong and India was 25% from 2006 to 2010; and +39% between 2009 and 2010, to HK$ 146.2 billion.
OLN was invited to make a presentation on “Doing business in Hong Kong” which can be downloaded by clicking on the following link:
To discuss your legal needs in relation with investments and businesses with Indian partners please contact:
Maëva Slotine – Head of OLN French Practice: maeva.slotine@oln-law.com
who attended the ABL Conference in Mumbai on behalf of OLN
and/or
Gordon Oldham – Founding Partner: gdoldham@oln-law.com
Globalaw, a downpour of exchange
The Globalaw 2012 Asia Pacific Regional Meeting was recently held in Hong Kong and hosted by Oldham Li & Nie.
The event took place from the 19th to the 21st of April, 2012. There were 33 Globalaw member firms represented, most members from the Asia Pac region, from Korea to NZ and many from further afield with a strong presence from dedicated members from across the USA, England, Netherlands and France.
There were very interesting talks by Itzik Amiel, Richard Healy, Christopher Hooley, Rickesh Kishnani, Philippe Koutouzis, Gordan Oldham, Mike Rowse, Arthur Shay and Vera Sung.
In the year of the Dragon, specifically the rain dragon, the weather was very apt. However the tropical downpours, which limited sightseeing visibility at the Peak and cancelled the afternoon hike, did not dampen the spirits.
The Globalaw members were treated to various activities around Hong Kong including a trip on the Aqua Luna boat, which sailed around the Hong Kong harbour, before dropping guest off at the world renowned Hutong restaurant in Tsim Sha Tsui. Sightseeing tours included the Big Buddha (largest bronze Buddha in the world, 34m high), the Po Lin Monastery, the Peak, Stanley Market and a hiking trip led by Gordon Oldham.
We would like to thank all of the Globalaw members who travelled across the globe to attend this event and ANT Trust & Corporate Services for helping sponsor this event.
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Travailler ensemble in Hong Kong
Associate foreign law firm Ginestié Magellan Paley-Vincent (GMPV) and Oldham, Li and Nie took part on 27 March 2012 to the second edition of "Travailler ensemble in Hong Kong", a forum organized by the French Chamber of Commerce and Industry in Hong Kong (FCCIHK). The purpose of this forum was for French large companies having business in Hong Kong (such as Veolia Environment, Bachy Soletanche, Ibis etc.) to meet and develop working relationships with Hong Kong based French SME's. This event marked the first time that Ginestié Magellan Paley-Vincent and Oldham, Li and Nie introduced themselves jointly to highlight the advantages of cross boarder practices covering both French and Hong Kong law and the wealth of experience with issues such as foreign direct investment in China. Maëva Slotine participated in her capacity of Head of GMPV Hong Kong Office; Tracy Yip represented OLN Finance, Company and Commercial Department and Adam Hugill OLN Employment and Dispute Resolution.
Mainland Chinese lawyers required to take an oath of loyalty to the Communist Party
By Richard Healy, Partner.
You may have read recently that the People's Republic of China ("PRC") Ministry of Justice has recently issued a directive requiring lawyers in mainland China to take an oath of loyalty to the Communist Party. Accordingly, all newly admitted lawyers, or lawyers renewing their practicing licences are required to swear an oath of loyalty which includes the following wording:
"I promise to faithfully fulfill the sacred mission of socialism with Chinese characteristics….. be loyal to the motherland its people and to uphold the leadership of the Communist Party of China."
The justification for requiring this oath is that it is supposed to increase the integrity of Chinese lawyers. Whilst that aim seems doubtful, this requirement has drawn criticism from many quarters within China suggesting that it will hinder the development of the Chinese legal system and damage the rule of law in the PRC.
This situation should, however, be contrasted to situation in Hong Kong, which has the status of a Special Administrative Region within the PRC and applies principles of "one country two systems". The Hong Kong rules of professional conduct do not require the taking of any such oath and indeed the fundamental principles of professional practice emphasize the duty to the client as set out in Rule 2 of the Solicitors' Practice Rules:-
"A solicitor shall not, in the course of practicing as a solicitor, do or permit to be done on his behalf anything which compromises or impairs or is likely to compromise or impair-
(a) his independence or integrity;
(b) the freedom of any person to instruct a solicitor of his choice;
(c) his duty to act in the best interest of his client;
(d) his own reputation or the reputation of the profession;
(e) a proper standard of work; or
(f) his duty to the court."
It should also be noted that common law principles that still apply in Hong Kong, including the principle of confidentiality between lawyer and client and legal professional privilege. The directive by the Chinese Ministry of Justice requiring lawyers to swear an oath of loyalty to the Chinese Communist Party perhaps does no more than reiterate what many overseas have long suspected, that mainland Chinese lawyers first and foremost obligation is to the State and the Chinese Communist Party. For this reason many overseas clients prefer to take advice as to their overall strategy and structuring of China operations from Hong Kong lawyers where they know they will receive independent advice based solely upon the client's best interests.
OLN can assist you with PRC matters
OLN is happy to assist you with China related matters. With our team of experienced lawyers and our years of experience in helping our clients strategize and structure deals in China, OLN is able to serve your needs comprehensively.
OLN offers a wide range of services including the establishment and maintenance of business presences in China and all that is associated with such a business.
OLN team wins CWS City Challenge
OLN entered two teams into the Child Welfare Scheme (CWS) City Challenge.
The event, which was held on the 18th of February 2012, is an "Amazing Race" themed challenge were participants navigate Hong Kong island in a scavenger hunt. The race included tests on Nepalese general knowledge and fun challenges along the way.
One of the OLN teams, led by Adam Hugill won the corporate challenge.
The following article interviews another OLN team leader, Chris Hooley, head of the Corporate and Commercial Practice.
Click to enlarge
