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HOME > Publications > Newsletter > Personal Data (Privacy) (Amendment) Bill 2021 – Proposed Amendments to Combat Doxxing Acts

Personal Data (Privacy) (Amendment) Bill 2021 – Proposed Amendments to Combat Doxxing Acts

 2021-08-31353

ISSUING AUTHORITY:

Government of the Hong Kong Special Administrative Region

DATE OF GAZETTAL:

July 16, 2021

 

On July 16, 2021, the Personal Data (Privacy) (Amendment) Bill 2021 (“Bill”), which seeks to amend the Personal Data (Privacy) Ordinance (“PDPO”), was gazetted. On July 21, 2021, the Bill was introduced into the Legislative Council for first reading.

 

The Bill aims to combat doxxing acts that are intrusive to personal data privacy through (1) criminalising doxxing acts; (2) empowering the Privacy Commissioner for Personal Data (“Commissioner”) to conduct criminal investigation and institute prosecution for doxxing cases; and (3) empowering the Commissioner to issue cessation notices demanding the cessation or restriction of disclosure of doxxing contents.

 

In particular, the Bill makes it an offence for any disclosure of personal data without the data subject’s consent with an intent to cause certain harm or recklessness as to whether certain harm would be or likely be caused to the data subject or the data subject's family member.

 

The Bill also empowers the Commissioner to serve a cessation notice if the Commissioner has reasonable ground to believe that there is a written or electronic message by which personal data is disclosed without the data subject’s consent in some circumstances, and that a certain person (which may be a service provider outside Hong Kong in the case of an electronic message) is able to take action to cease or restrict such disclosure.

 

Reference:

Personal Data (Privacy) (Amendment) Bill 2021

 


 

First Application by Hong Kong Liquidators Seeking Recognition and Assistance in the Mainland under the Cooperation Mechanism

 

ISSUING AUTHORITY:

Court of First Instance, High Court of Hong Kong

DATE OF DECISION:

July 20, 2021

 

In the case of Re Lai Kar Yan (Derek) and Ho Kwok Leung Glen as the Joint and Several Liquidators of Samson Paper Company Limited (In Creditors’ Voluntary Liquidation) [2021] HKCFI 2151, the Hong Kong Court issued the very first letter of request to the Shenzhen Intermediate People’s Court. This is the first application made by Hong Kong liquidators under the new cross-border cooperation mechanism for mutual recognition of and assistance to insolvency proceedings between the Mainland and Hong Kong Courts introduced on May 14, 2021 (“Cooperation Mechanism”).

 

Samson Paper Company Limited (“Company”) is incorporated in Hong Kong and was wound up by its shareholders on the grounds of insolvency. The Company’s liquidators (“Liquidators”) formed the view that they would need to obtain recognition and assistance in order to deal with the Company’s substantial assets in the Mainland, which are principally located in Shenzhen. The Hong Kong Court was satisfied that it is desirable that the Liquidators’ appointment be recognised and assistance provided in Shenzhen by the Shenzhen Court.

 

In reaching its decision, the Hong Kong Court noted the jurisdictional constraint under the Cooperation Mechanism that the centre of main interests of the debtor company shall have been in Hong Kong continuously for at least six months. The Hong Kong Court also set out the principles governing the grant of a letter of request, the procedure for recognition specified in the opinion issued by the Supreme People’s Court, and the Hong Kong liquidators’ function and powers.

 

Reference:

Re Lai Kar Yan (Derek) and Ho Kwok Leung Glen as the Joint and Several Liquidators of Samson Paper Company Limited (In Creditors’ Voluntary Liquidation) [2021] HKCFI 2151

 


 

SFC Published Revised Guidelines on Competence and Revised Guidelines on Continuous Professional Training

 

ISSUING AUTHORITY:

Securities and Futures Commission of Hong Kong (“SFC”)

DATE OF GAZETTAL:

June 25, 2021

EFFECTIVE DATE:

January 1, 2022

 

On June 18, 2021, the SFC published the Consultation Conclusions on Proposed Enhancements to the Competency Framework for Intermediaries and Individual Practitioners (“Consultation Conclusions”). Having incorporated industry feedback received as summarised in the Consultation Conclusions, the revised Guidelines on Competence (“Competence Guidelines”) and the revised Guidelines on Continuous Professional Training (“CPT Guidelines”) (together, “Revised Guidelines”) were gazetted on June 25, 2021.

 

Key amendments to the Competence Guidelines include:

● raising the minimum academic qualification requirements for individuals and broadening the scope of recognised academic qualifications;

● introducing full exemption from obtaining recognised industry qualifications for temporary SFC licence applicants;

● elaborating on the relevant industry experience requirements;

● clarifying the management experience requirements for responsible officers (ROs); and

● enhancing the competence requirements for individuals who intend to advise on matters in relation to the Codes on Takeovers and Mergers and Share Buybacks.

 

With regard to the CPT Guidelines, a key amendment is that environmental, social and governance (ESG) issues will be included as a relevant topic for CPT purposes.

 

The Revised Guidelines will become effective on January 1, 2022.

 

References:

Consultation Conclusions on Proposed Enhancements to the Competency Framework for Intermediaries and Individual Practitioners

Revised Guidelines on Competence, Guidelines on Continuous Professional Training, and Fit and Proper Guidelines

 

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