Corporate & Commercial
Hong Kong’s Competition Bill
By Christopher Hooley, Partner
Hong Kong's Competition Bill (the Bill) was gazetted on 2nd July 2010. The Bill aims to prohibit conduct that has the purpose or effect of preventing, restricting or distorting competition in Hong Kong and to prohibit mergers that could substantially lessen competition in Hong Kong.
If enacted, the Bill will have far reaching implications for all companies conducting business in Hong Kong.
The Companies (Amendment) Ordinance 2010 and the Business Registration (Amendment) Ordinance 2010
By Christopher Hooley, Partner
The Companies (Amendment) Ordinance 2010 was published in the Gazette on 16th July 2010. It is likely to come into force upon the implementation of Phase II of the Integrated Companies Registry Information System (ICRIS II) by the Companies Registry early in 2010.
Under the Companies (Amendment) Ordinance 2010, a number of provisions are amended to facilitate on-line applications for company registration, for example, to allow the signing of the incorporation forms using passwords, streamline the attestation requirements for signatures by founder members, and facilitate the issue of certificates of incorporation by the Registrar of Companies through electronic means.
Hong Kong Tax Agreements
By Christopher Hooley, Partner
Hong Kong signed comprehensive agreements with the UK and Ireland on the avoidance of double taxation in June 2010.
These are the 12th and 13th comprehensive double tax agreements Hong Kong has signed with trading partners, following those with Belgium (2003), Thailand (2005), China (2006), Luxembourg (2007), Vietnam (2008), Brunei (2010), the Netherlands (2010), Indonesia (2010), Hungary (2010), Kuwait (2010) and Austria (2010).
Implications of the Bribery Act 2010
By Christopher Hooley, Partner
The Bribery Act (the “Act”) which received Royal Assent in the United Kingdom (“UK”) on 8th April 2010 will come into force in the Spring of 2011.
The Act reforms the UK’s current criminal anti-bribery law and covers instances of bribery committed both within and outside the UK.
Investing in an Idea
By Jade Tang
A friend tells you that he has had a “brilliant idea” that will make him “millions. You wonder whether this idea could be commercialized and if so, how you can invest in it?
An idea by itself is rarely protectable but as soon as that idea can be transformed into intellectual property, that intellectual property can be protected.
The standard way of investing in an idea is for the related intellectual property to be transferred to a limited liability company which would then act as the joint venture vehicle between the creator of the intellectual property and any investors (“JV Co”).

Corporate & Commercial