Britain in Hong Kong March-April 2024

C O N T E N T S

HONG

CHAIR'S MESSAGE

Dear Members,

Kung Hei Fat Choi! May the Year of the Dragon bring success to your businesses and health and happiness to all.

In the period since my last message, there has been a lot of activity within the Chamber, in addition to all the festivities surrounding Christmas and the New Year’s holidays. We continue to enjoy the reconnection and restoration of the wonderful traditional gatherings around Chinese New Year which allow us to gear up for the traditionally busy spring months

A recent event that was full of energy and highly engaged was the successful BritCham DEIB (Diversity, Equity, Inclusion and Belonging) Symposium, which took place in February 2024. Thank you to the executive team and Women in Business who organised this event, bringing together individuals from diverse backgrounds to engage in thought-provoking and practical applications of discussions on diversity, equality, inclusion, and belonging in the workplace. The Symposium featured a keynote address by The Honourable Mrs Regina Ip Lau Suk Yee, Convenor of the Non-Official Members of the Executive Council; insightful panel discussions on managing diversity in a global business context; mental health, well-being, and what organisations can do to create a psychologically safe space to work; and LGBTQ+ inclusion in the context of belonging and workplace culture A design thinking workshop, networking opportunities, live music, and the chance to make new connections I extend my heartfelt gratitude to our amazing sponsors, partners, speakers, moderators, emcees, and supporters for their invaluable contributions to this outstanding event. Special thanks go to the Women in Business Committee for their tremendous effort in organising this brilliant symposium.

As part of our ongoing review of the governance of the Chamber and the evolution of the operations, I am pleased to announce we have introduced a quarterly meeting of all the individual committee chairs, to work more closely together across aspects of mutual and shared interests, and to endeavour to reach wider audiences and interest groups within the Chamber and beyond Thanks to our Vice Chair Jeremy Sheldon who has taken up the role of chairing the Committee Chairs Group meetings More will be shared in the coming months

As part of our ongoing external engagement with professional bodies, we enjoyed the company of the President of the Institution of Civil Engineers Anusha Shah when she visited Hong Kong in January. One of the key themes of her Presidential Address and for her year in office relates to sustainability in the design and delivery of projects, a highly relevant topic in Hong Kong and across the globe. The ICE Presidential Reception provided valuable networking opportunities and facilitated knowledge sharing among our members The meeting with the President of the Law Society allowed us to strengthen our partnerships and advocate for the

interests of our members effectively I am also pleased to share that the joint chamber event with Dr Pang, the Commissioner for Primary Healthcare, was a great success, providing valuable insights into the healthcare sector and fostering meaningful connections among professionals. Thanks to the Healthcare Committee for their ongoing engagement and sharing of practices across many jurisdictions.

The Mentorship Scheme Networking Drinks hosted by Counsel-General Brian Davidson CMG, marked the exciting kick-off of our 2024 Mentorship Scheme. This is particularly important to me as nurturing and empowering young leaders has always been a vital aspect of our work, and never more so than in the current day The resilience of the Chamber relies on us moving with the times and evolving to create an organisation that will endure and thrive and that remains culturally and contextually relevant, and thus the power of mentorship to shape the future of businesses in our community is vital. By connecting seasoned professionals with emerging talent, we aim to provide the guidance and support necessary for young leaders to flourish.

As we are entering the year of Dragon, I would like to express my thanks for the many invitations to participate in the Chinese New Year celebrations, including the Yantai Chinese New Year Dinner in Hong Kong which the Executive Director attended, and the Hong Kong Economic and Trade Office (HKETO) Chinese New Year celebration in London which I was delighted to attend and where I met many HK friends from both Hong Kong and London These events were wonderful opportunities to celebrate the Chinese New Year and strengthen our ties with various stakeholders.

This year, we will continue to explore opportunities

within the Greater Bay Area (GBA) and the development of the Northern Metropolis, unlocking the immense potential they offer for our members Embracing technology is another key focus, particularly in the realms of Finance, Healthcare, Sustainability, Innovation, and Infrastructure. We aim to empower our members to leverage technological advancements to stay ahead in a rapidly evolving business landscape. Lastly, we recognise the vital role of the Creative Industries in driving economic growth and will continue to support and promote this vibrant sector. Together, we will create a dynamic and inclusive business ecosystem that thrives on diversity, embraces innovation, and fosters collaboration across various industries

Looking ahead, the return of the BritCham & KPMG Rugby Dinner in April promises to be an evening filled with camaraderie, networking, and the celebration of sportsmanship We look forward to welcoming you all to this memorable event.

We are committed to working together to “get business done” and as we evolve and reshape our events and activities, we look forward to hearing your thoughts, suggestions and feedback, so please do get in touch.

Wishing you a prosperous Year of the Dragon filled with success in your business endeavours and the continued growth and prosperity of Hong Kong

Ir Dr Anne Kerr Chair The British Chamber of Commerce in Hong Kong

BRITCHAM'S STERLING MEMBERS

WELCOME OUR NEW MEMBERS

The Chamber held a half-day Social Sustainability Symposium in February 2024. In today's global business landscape, having a diversity, equity, inclusion, and belonging (DEIB) strategy is not just a checkbox it is the very pulse of a forward-thinking corporate culture. It shapes success, creates competitive advantage, and draws in customers, employees, and top-tier talent.

With the theme "Belonging by Design - A Journey of Inclusion", the Symposium will explore what it takes to proactively build a culture of belonging and inclusion, transcending boundaries, offering actionable insights on global DEIB perspectives, and harnessing the power design thinking for real-world impact.

Our industry experts from all sectors shared their opinions and offered valuable insights across the following three panels:

1) Global Perspectives on Diversity

2) Mental Health and Well-being

3) LGBTQ+ Inclusion

INNOVATION DRIVES HEALTHCARE REVOLUTION IN HONG KONG AND THE GBA

By Candy Au Yeung, Chief Customer Operations and Health Officer, Prudential Hong Kong Limited

Few question the transformational impact of technology on peoples’ lives over the past decade, but often theadvancesmedicalscienceandtreatmentsthathaveoccurredalongsidegounnoticed.Yet,itisnowthe fusionofthismedicalanddigitalinnovationthatisreshapingtheentirehealthcarelandscape,offeringnew possibilitiesforbothinsurersandcustomers.

The rapid advances seen in medical care and technology complement the insurance industry’s commitment to adapting health strategies to meet the evolving needs of customers. What’s clear is that great customer experiences build loyalty for lifetime value creation. The focus is, therefore, to respond swiftlytochangingmarketdynamicswhileoperatingatscaleacrosskeymarkets

For Prudential, investment in innovation and technology centres around three strategic pillars: enhancing customer experiences; transforming the health business model; and technology-powered distribution It is imperative that customers, sales channels and servicing systems are all interconnected and empowered seamlesslybynewtech,processesandideas

In Hong Kong, while demand for cancer care is high, more than half of people lack sufficient medical protection to cover their hospital expenses [1] For both Hong Kong and the Chinese Mainland, during the firsthalfof2023,Prudentialdatashowsthatcanceraccountedfor67%ofcriticalillnessclaims Lung,liver, stomach, breast are top cancers in both regions The financial burden of cancer treatment can have farreaching consequences for patients and their families Hence, the importance of early detection and swift accesstotreatmentcannotbeoverstated

Collaboratingtomeetrisingcross-borderdemand

There-openingoftheborderafterthepandemiclastyearsawasharpincreaseintravelwithintheGreater Bay Area (GBA) In a survey conducted by Prudential in December last year, seven out of ten Chinese

[1]https://wwwprudentialcomhk/en/galleries/pdf/promotion/individual-life-claim-report-2023pdf

respondents said that they intend to visit Hong Kong in the next twelve months As well, weekend north-bound travel has now become routine for many Hongkongers It means that a substantial increase in demand for cross-border medical treatment is very likely Therefore, some insurers have established collaborations with medical facilities across the border

Take Prudential as an example We partnered with the Hong Kong Integrated Oncology Centre (HKIOC) and Zhongshan Chenxinghai Hospital of Integrated Traditional Chinese and Western Medicine (CXH) to launch a Cross-Border Cancer Treatment Service in the GBA. Riding on the Cancer Patients Shared Care model, this market-first collaboration allows Prudential’s customers more options for connected cancer treatment in both Hong Kong and Zhongshan, with pre-authorisation and direct billing service making treatment as hassle-free as possible.

This innovative approach of integrating cross-border medical services leverages the expertise of doctors and healthcare professionals from both regions. The model helps Prudential deliver a patient-centric healthcare experience that spans the entire cancer treatment process. Drawing on the collective knowledge of doctors from HKIOC and CXH, personalised treatment plans are developed for each patient to ensure the best possible outcomes. Eligible Prudential customers can choose to receive cancer treatment services from either oncology centre through face-to-face or remote video consultation

To take it to the next level, we, in late February, announced a first-of-its-kind collaboration with Shenzhen New Frontier United Family Hospital (“UFH”), where eligible customers can make use of our Medical Expenses Direct Billing Service when seeking medical treatment at UFH without worries on payments and settlement, giving them total piece of mind to focus on recovery and rehabilitation.

Additionally, Prudential also offers the Medical Green Channel, a booking service that allows customers to secure priority bookings for outpatient and/or hospitalisation appointments at the selected hospitals in the Chinese Mainland. This matters when time is of the essence.

Prudential data shows that four out of five claims for medical expenses incurred in the Chinese Mainland were from hospitals on its hospital list. It points to a compelling need for insurance companies to collaborate with local healthcare services In fact, with an expanded hospital list covering over 4,200 hospitals in the Chinese mainland, Prudential is the first life insurer in Hong Kong to cover all Class 3 public hospitals across the mainland and selected Class 2A hospitals in 15 Chinese cities

Innovation enhances efficiency and customer experience

To help drive efficiency in a way that is truly supportive to customers, it is important that insurance companies focus on improving customer experience even at the beginning of the customer relationship.

For Prudential, we streamlined the insurance application process using innovative tools such as One Signature, which allows customers to review all their application materials on their own devices anytime and provide just one digital signature instead of multiple signatures, shortening the onboarding time of the insurance application process potentially to as little as 25 minutes, allowing customers faster access to insurance coverage.

Another example of how technology is revolutionising the industry is the deployment of technology-enabled tools to help traditional distribution teams improve productivity, while elevating customer experience. From time to time, Prudential has launched different digital tools to help our financial consultants engage customers with relevant and timely insights

For example, the Critical Illness Calculator allows our financial consultants to conduct critical illness needs assessments with customers to provide the necessary solutions to help the bridge their protection gap. Our all-in-one mobile app, PRUForce, offers instant access to information on all our products and services, and latest news relevant to health and protection, so that our financial consultants can engage in productive and effective conversations with customers.

Ecosystem partnership to promote health journey

The role of insurers has evolved from purely a “payor” to being a “health enabler” Often when people get sick, they seek advice from their insurance agent on which doctor to see or which hospital to go. Major insurers like Prudential have established their own ecosystems to help customers navigate their health journey.

At Prudential, we understand that onboarding can be a cumbersome experience for many people, especially for those on a short stay in the city It’s why we introduced our innovative medical examination service (ME) called Satellite ME, a one-stop medical examination service that enables customers to complete all medical examinations required for underwriting in one of the many partner satellite clinics in Hong Kong, administered by highly skilled Prudential-trained nurses, and connected to our doctors through digital technology. Customers can reduce medical examination times from weeks to days, providing a far faster way to obtain cover

Price matters, value-added features please

Convenience matters – and so does the price. Prudential’s approach has been to introduce a preferred medical network that can provide customers with medical treatment in a more predictable, manageable way. In tandem, its Medical Expenses Direct Billing Service makes it easier to plan for medical expenses in advance and enjoy pre-authorised, eligible cashless medical treatment in times of need

Besides contacting their financial consultants, Prudential customers can also get easy access to healthcare, including priority appointments with panel doctors, support with pre-authorisations, and scheduling hospital treatment using the PRUNurse PRUHealthChat service via WhatsApp.

The Hong Kong Special Administrative Region (HKSAR) Government is actively pursuing a strategy to position Hong Kong as a healthcare hub within the GBA with a focus on raising the quality of healthcare services, elevating crossborder services, and maintaining high efficiency within the healthcare system. With continuous innovation, development and deployment of technology in the sector, driven by the health needs from the GBA, the Hong Kong insurance industry is well-prepared to help position Hong Kong as the region’s leading healthcare hub.

Candy Au Yeung Chief Customer Operations and Health Officer

Prudential Hong Kong Limited

About Prudential

Prudential has been serving the Hong Kong citizens since 1964. Through Prudential Hong Kong Limited and Prudential General Insurance Hong Kong Limited, we provide various financial planning services and products including individual life insurance, investment-linked insurance, retirement solutions, health and medical protection, general insurance and employee benefits. In 2023, Prudential has established the Macau branch, offering life and health insurance solutions.

Disclaimer:

Cross-Border Cancer Treatment Service, Medical Green Channel and Medical Expenses Direct Billing Service are provided by third-party service providers designated by Prudential Hong Kong Limited (“Prudential”) and are subject to the terms and conditions of the service providers Prudential makes no representation, warranty or undertaking as to the quality or availability of the services and shall not accept any responsibility or liability for the services provided by the service providers

THIS MARCH, BRITCHAM SUPPORTS: INTERNATIONAL WOMEN'S DAY

We are seeing a paradigm shift in the provision of healthcare, a shift which is being fuelled by advancements in genomic sequencing and AI-driven analytics. Imagine a world in which healthcare is targeted to a specific individual's needs Treatments tailored to a specific genetic makeup promise improved outcomes and reduced side effects The future is already here, and the pace of change is accelerating

Current State of the Art:

Today, personalised medicine is revolutionising patient care in several key areas, notably oncology, rare diseases, and pharmacogenomics. In oncology (study, diagnosis and treatment of cancer), the advent of targeted therapies, which are tailored to the genetic makeup of individual tumours, has led to treatments that are significantly more effective and less toxic The development of trastuzumab for HER2-positive breast cancer is an example of this approach, significantly improving survival rates in a previously challenging subset of breast cancer

In the management of rare diseases, understanding the genetic pathway has paved the way for targeted

therapies that are remarkably specific. A notable example is the use of gene therapy in treating spinal muscular atrophy, a rare neuromuscular disorder, which has shown promising results.

Moreover, pharmacogenomics, the study of how genes influence a person's response to drugs, is increasingly integral in personalising treatment plans A case in point is the use of pharmacogenomic testing in prescribing certain cardiovascular drugs, where genetic variations can significantly impact drug efficacy and safety

Technology at Play:

CRISPR, a revolutionary gene-editing tool, has been vital in enhancing our ability to manipulate and understand genetic material, showing potential in treating genetic disorders such as sickle cell anaemia CRISPR's impact will eventually extend beyond treating specific genetic disorders as its ability to precisely edit genes holds transformative potential across various medical fields For instance, CRISPR is being explored in cancer research to engineer immune cells to target and destroy cancer cells more effectively. This technology also opens

avenues in preventive medicine, potentially allowing us to correct genetic anomalies before they manifest as diseases.

AI-driven predictive models are increasingly vital in deciphering the vast amounts of genetic data, enabling the prediction of disease risk and treatment outcomes with unprecedented precision For example, AI algorithms have been used to predict breast cancer risk based on genetic and clinical data Combined with the ever-improving speed and costeffectiveness of next-generation sequencing technologies, the analysis of genetic information, essential for the personalised medicine era, is more available than ever.

Breakthroughs in Hong Kong:

While Hong Kong might not be leading global discovery in these areas, progress is still being made locally In a landmark study by HKUMed (2021), researchers identified 531 rare pharmacogenetic variants in 108 genes among the Hong Kong Chinese population, many previously unreported in global databases. This study underscores the importance of considering ethnic-specific genetic profiles in personalised medicine, especially in pharmacogenetics, focusing on how genetic differences affect individual responses to drugs.

Challenges and Opportunities:

Despite its promise, the widespread adoption of personalised medicine has unique challenges Ethical considerations around informed consent and genetic privacy are paramount Additionally, healthcare access disparities and the potential for bias in genetic data, especially among underrepresented populations, are pressing issues that need addressing. However, the opportunities are vast, from improving patient outcomes to enhancing the efficiency of healthcare systems.

About OT&P Healthcare

OT&P Healthcare was established in 1994 by founders Dr Tim Trodd and Dr David Owens, providing medical services to both the expatriate and local communities in Hong Kong OT&P Healthcare is the first clinic group in Hong Kong to be awarded the Australian Council of Health Services (ACHS) accreditation endorsed by the International Society for Quality in Health Care (ISQua). Built on the mission of providing pre-eminent private health care, OT&P Healthcare spans across seven clinics in Hong Kong focused on delivering a diverse range of excellent medical services. In 2020, OT&P was also conferred with the HK Government’s Social Capital Builder Award, recognising its contribution to the social capital development of Hong Kong

Dr David Owens Founding Partner & Specialist in Family Medicine OT&P Healthcare

The swift progression of technology has left an indelible mark on various industries, and healthcare is no exception. In recent years, we have borne witness to an unparalleled transformation in patient care, as technology continues to redefine the healthcare landscape. From artificial intelligence and telemedicine to wearable devices and precision medicine, these innovations are reshaping healthcare delivery and patient experiences. In this article, we explore the pivotal ways in which technology is revolutionising patient care and transforming healthcare as a whole.

I. Artificial Intelligence and Machine Learning:

Artificial intelligence (AI) and machine learning (ML) are propelling substantial advancements in healthcare, offering improvements in diagnostic accuracy, administrative efficiency, and patient outcomes These technologies have the potential to analyse vast amounts of medical data, identify patterns, predict outcomes, and contribute to informed decision-making

A noteworthy impact of AI is observed in medical imaging, where algorithms analyse X-rays, CT scans, and MRIs, aiding radiologists in detecting abnormalities and enhancing diagnostic accuracy. This not only expedites diagnoses but also reduces the likelihood of human error, preventing unnecessary invasive tests.

Moreover, machine learning algorithms contribute to predicting disease progression and personalising treatment plans based on individual patient data, a concept known as precision medicine. This approach holds great promise for delivering targeted therapies and improving overall patient outcomes.

Furthermore, AI applications extend beyond diagnosis Robotic-assisted surgeries, powered by AI, offer surgeons enhanced precision and control, leading to faster recovery times and reduced risks for patients As AI continues to evolve, its transformative role in healthcare is set to expand further

II. The Rise of Personalised Medicine:

Advancements in genomics and molecular biology have laid the foundation for personalised medicine, tailoring treatments to individual genetic profiles. This targeted approach not only improves treatment efficacy but also minimises adverse reactions, signifying a substantial leap forward in patient-centred care.

Through analysing a patient's genetic makeup, healthcare providers can prescribe medications that are more likely to be effective for that specific individual, moving away from a one-sizefits-all approach to a more personalised one.

III. Telemedicine and Remote Patient Monitoring:

Telemedicine has emerged as a game-changer in healthcare, especially in the wake of the COVID-19 pandemic. Utilising telecommunication technology, healthcare professionals can provide virtual consultations, making healthcare more accessible and convenient for patients. This has proven particularly useful for patients in remote areas or those with limited mobility.

Additionally, remote patient monitoring devices enable healthcare providers to track patients' vital signs, symptoms, and medication adherence from a distance. This technology is especially valuable for elderly patients and in managing chronic conditions such as high blood pressure and diabetes It enables early detection of potential complications and allows timely interventions while helping patients maintain independence This also reduces the need for frequent hospital visits, allowing healthcare systems to allocate resources more effectively

IV. Wearable Devices and Health Apps:

The proliferation of wearable devices and health apps has empowered individuals to take control of their health and wellbeing. Ranging from fitness trackers to smartwatches, these devices can monitor various health parameters such as heart rate, sleep patterns, and physical activity levels

By collecting and analysing data over time, wearable devices provide valuable insights into an individual's health status, enabling proactive self-care They motivate users to adopt healthier lifestyles, track progress towards fitness goals, and even alert users to potential health issues Furthermore, these devices

facilitate remote patient monitoring, enabling healthcare providers to intervene when necessary.

Health apps, often integrated with wearable devices, offer a wealth of information, personalised recommendations, and resources to support users in managing their health From nutrition and exercise guidance to mental health support, these apps have the potential to improve overall well-being and empower individuals to make informed decisions about their healthcare

V. Blockchain and Data Security:

In an era of digital healthcare, data security and privacy are paramount. Blockchain technology, with its decentralised and tamper-proof nature, holds promise in ensuring secure storage and sharing of medical data.

Blockchain enhances interoperability, allowing different healthcare providers to access and share patient information securely This can improve care coordination and reduce duplication of tests or procedures Moreover, patients can have better control over their health records and grant access to healthcare providers as needed

By leveraging blockchain, healthcare organisations can also enhance the security of sensitive patient data, protecting it from cyber threats and unauthorised access This technology has the potential to build trust and confidence in the healthcare system while ensuring patient privacy

VI. Challenges and Ethical Considerations:

While the integration of technology into healthcare brings about numerous benefits, it also raises ethical considerations and challenges.

Foremost among these concerns is the safeguarding of data privacy The digitisation of health records and the widespread use of electronic health systems demand stringent measures to protect sensitive patient information As healthcare becomes increasingly interconnected, the risk of data breaches and unauthorised access amplifies, necessitating robust protocols and cybersecurity frameworks to ensure the confidentiality and integrity of personal health data

Another critical facet in the ethical discourse surrounding healthcare technology is the potential for algorithm biases As artificial intelligence assumes a pivotal role in diagnostics, treatment planning, and decision-making processes, it becomes essential to scrutinise and rectify any biases inherent in algorithms. Unintended prejudices in these algorithms could lead to disparities in healthcare outcomes, exacerbating existing inequalities and undermining the principle of equitable healthcare access. Rigorous testing, transparency, and ongoing scrutiny are imperative to mitigate algorithmic biases and ensure fair and unbiased application of healthcare technology.

The digital divide poses yet another ethical quandary in the integration of technology into healthcare. While cutting-edge medical technologies promise ground-breaking advancements, there exists a risk of leaving certain segments of the population behind due to disparities in access to technology The socioeconomic and demographic factors contributing to this digital divide need to be addressed to ensure that advancements in

healthcare technology benefit all strata of society. Initiatives aimed at enhancing digital literacy, reducing technological barriers, and promoting inclusive healthcare solutions are vital in bridging this divide and fostering an environment where everyone can reap the benefits of technological progress in healthcare.

Conclusion:

Technology is revolutionising healthcare and transforming the way patient care is delivered. Artificial intelligence, telemedicine, wearable devices, and blockchain are just a few examples of the transformative power of technology in healthcare. These innovations have the potential to improve diagnosis accuracy, enhance patient outcomes, increase access to care, and empower individuals to take charge of their health.

However, as we embrace these advancements, it is crucial to ensure that technology integration is ethical, patient-centric, and backed by robust regulations Collaboration between technology companies, healthcare providers, regulators, and patients is vital to harness the full potential of technology in healthcare and create a future where cutting-edge innovations are seamlessly integrated into patient care, improving outcomes and transforming lives

Dr Andrew K.M. Kong

General Practitioner

Fellow, Royal Australian College of General Practitioners

Fellow, Hong Kong College of Family Physicians

Cross-border transfer of evidence in litigation or arbitration proceedings is no longer an easy process in today’s world, with countries frequently at odds with each other over data security regulations. This was unexpected a decade ago.

Mainland China was relatively slow to adopt data laws but the pace of legislation has gained substantial momentum in recent years In rather quick succession it introduced the Cybersecurity Law in 2017, followed by the Data Security Law (DSL) and Personal Information Protection Law (PIPL) in 2021 (altogether the PRC Data Laws) At the level of administrative regulations and departmental rules, there are the Measures for the Security Assessment of Outbound Data Transfer (Assessment Measures), introduced by the Cyberspace Administration of China (CAC) in September 2022; the Measures on the Standard Contract for Cross-border Transfers of Personal Information; as well as multiple consultation drafts –such as the Provisions on Regulating and Promoting Cross-border Data Transfers (Draft on Easing Data Transfer). The consultation drafts – though not yet in effect – serve as benchmark reference for Chinese regulators in scrutinising cross-border data transfer activities Alongside prevailing laws, regulations and departmental rules, they form the legal framework for cross-border data transfers and security in Mainland China

In litigation or arbitration, evidence is often viewed as “data” – and consequently wrapped up in this tug-ofwar. This Legal Update reviews cross-border commercial dispute resolution scenarios, delving into compliance obligations, practice developments and compliance insights regarding the transfer of evidence from Mainland China

Compliance Obligations

The PRC Data Laws define “data” quite broadly to include any record of information in electronic or other forms [1]. Similarly, personal information refers to all kinds of information related to identified or identifiable natural persons recorded electronically or by other means, but excluding data that is anonymized [2].

Regarding overseas judicial activities, Article 36 of the DSL and Article 41 of the PIPL stipulate that data or personal information stored within the territory of Mainland China shall not be provided to foreign judicial or law enforcement agencies without approval from the competent authorities

The Assessment Measures, however, provided a clearer pathway for the outbound transfer of data by outlining in Article 4 the following circumstances where a security assessment and approval are required:

1. where an operator of a critical information infrastructure or a data controller who has processed personal information of over one million people provides personal information abroad;

where a data controller provides Important Data (see discussions below) abroad;

2. where a data controller who has provided abroad the personal information of over 100,000 people or the sensitive personal information of over 10,000 people cumulatively since January 1 of the previous year provides personal information abroad; and

4.

3 any other circumstance determined by the CAC.

Put simply, for overseas judicial or law enforcement activities, certain data or personal information stored in Mainland China can only be transferred overseas after undergoing a data security assessment and obtaining approval from competent authorities.

Practice Developments

Data Types Requiring Prior Approval before Outbound Transfer

Article 36 of the DSL and Article 41 of the PIPL do not set any qualifications on the types of “data” or “personal information” that require approval for outbound transfer. This has led to the interpretation by some practitioners that all data and personal information stored in Mainland China, regardless of its nature and quantity, cannot be provided for overseas judicial proceedings without prior approval, and that this would apply even to trivial information such as an email or a photograph

Meanwhile, it was reported that the Ministry of Justice of Mainland China (“MOJ”) previously indicated that, in principle, evidence not involving “Important Data” –and not falling under circumstances set out in the above-mentioned subparagraphs (2) to (3) of Article 4 of the Assessment Measures – could be transferred overseas directly without approval. However, the absence of legal documents confirming this exemption creates a compliance risk.

The approval requirement is clear for the outbound transfer of Important Data and personal information caught by subparagraphs (2) to (3) of Article 4 of the Assessment Measures However, defining “Important Data” poses difficulties due to the breadth of its definition [3] Article 2 of the Draft on Easing Data Transfer now provides that data that has not been notified or published as Important Data by the competent authorities does not require security assessment, suggesting that applicants can presume they do not process Important Data unless notified otherwise

Restrictions have also been imposed on the export of certain specific types of data, mainly relating to state secrets, healthcare data, surveying and mapping results, and information on human genetic resources [4]. These would require special approval from the relevant competent authorities before they can be transferred overseas [5].

Scope of “Foreign Judicial or Law Enforcement Agencies”

Courts, law enforcement agencies and securities authorities outside Mainland China are generally considered as falling within the scope of “foreign judicial authorities or law enforcement agencies”. Opinions differ in practice on whether international arbitration institutions and arbitral tribunals are included.

Some argue that arbitral institutions, such as the HKIAC, SIAC and LCIA, are all independent and nonadministrative bodies They are established as limited liability companies under the laws of their respective jurisdictions and shall therefore not be subject to Article 36 of the DSL and Article 41 of the PIPL

However, there are conflicting views among relevant governmental departments on this issue In a recent arbitration case handled by Mayer Brown, the MOJ considered the arbitral tribunal a “foreign judicial body” – and therefore required approval for the disclosure of Important Data to it.

Quite separately, from a jurisdictional perspective, Hong Kong SAR, Macao SAR and Taiwan Region should all be considered “foreign” territories for the purpose of Article 36 of the DSL and Article 41 of the PIPL [6].

Competent Authority, Process and Timeframe for Approval

The competent authorities that are supposed to process the approval application for cross- border data transfer relating to overseas judicial requests are not specified in the DSL and PIPL, while Articles 5 and 6 of the DSL suggest multiple competing responsibilities of governments at central and local levels, authorities of various industries and functions over data security supervisions. This inevitably presents challenges for applicants.

The lack of established protocols, inconsistent instructions and the passing of responsibilities between relevant authorities create further confusion and delays in the application process

Reviewing one of our recent cases, the application process can be briefly divided into the following steps [7]:

Compliance Insights

Early Assessment and Planning

In the initial stages of the proceedings, Chinese parties should start to determine the scope and nature of their evidence, and understand the applicable laws and regulations, the competent authorities, application procedures and timeframes involved. This enables a good evaluation of the compliance risk – and the adoption of appropriate compliance strategies to avoid data risks that may arise from the resolution of crossborder disputes.

Parties not based in Mainland China and involved in disputes that may necessitate the cross-border transfer of evidence, should keep an eye on developments in relation to PRC Data Laws, seek legal advice and deploy countermeasures, taking into account the overall strategy of the case

Effective Communication to Enhance Procedure Predictability

2.

1 Subsequently, the MOJ, in conjunction with the Supreme People's Court and the competent cyberspace administration, will review the submitted evidentiary materials. There is no definite timeline for the review, but this may take months depending on the significance and complexity of the case.

4

First, the applicant submits a written application to the MOJ with supporting materials.

As mentioned above, if parties are unsure whether approval is required for the outbound transfer of evidentiary material, the nature of the data involved (e.g., whether it is “Important Data”), or the nature of the arbitral tribunal, they should actively communicate with the MOJ and the competent authorities of their industries for guidance They should promptly relay the same to their lawyers, judicial and law enforcement agencies and counterparties

Upon approval, the MOJ will issue a letter of approval to the applicant

3. The applicant can then transfer the evidence across the border in accordance with the letter of approval

For international arbitrations, given the principle of party autonomy, parties can negotiate necessary alternative measures for the discovery stage. The arbitral tribunal can also adjust the provisional timetable with reference to the procedures and timeframe required for the cross-border evidence transfer, to allow sufficient time and enhance procedure predictability.

Avoiding Extremes

Chinese parties should not disregard compliance obligations on outbound data transfers and directly submit evidence to foreign judicial bodies or law enforcement agencies If the evidence involves Important Data or a large amount of personal information, a violation of the PRC Data Laws can have serious consequences [8].

On the other hand, before consulting the MOJ and relevant authorities – or submitting an application – it is essential to first narrow down the scope of the evidence. Submitting all evidentiary materials without careful consideration can result in ineffective communication, application refusal, and delays in the review process It may be wise to involve legal advisors at an early stage to conduct an initial assessment of the documents

Proper Management of Potential Adverse Effects from Inability to Provide Evidence

If it is indeed impossible to submit important evidence due to compliance obligations on crossborder data transfers, parties and their legal teams should proactively take measures to properly manage the potential adverse impact. This may include always adhering to good faith principles, demonstrating due diligence, and actively discussing and proposing alternative measures to minimise the adverse impact

See

3

economic security, social stability, public health and safety

4

This is reflected to in subparagraph (4) of Article 4 of the Assessment

Measures

5

See Art 30, Law of the People’s Republic of China on Guarding State Secrets, Art 30, Measures on the Standards, Safety and Service of National Healthcare Big Data (Trial Implementation), Art 34, Surveying and Mapping Law of the People’s Republic of China, and Art 57, Biosecurity Law of the People’s Republic of China

6

This is evidenced in Art 89 of Mainland China’s Exit and Entry Administration Law, Art 13 of the Network Data Security Management Regulations (Consultation Draft) and Art 549 of the Interpretations on the Civil Procedural Law of the People’s Republic of China, effective on 10 April 2022

7

This application was made in around the fall of 2022 It is unclear if the same process applies to subsequent applications

See, for example, Art 48(2) of the DSL

About Mayer Brown

Mayer Brown is a leading international law firm positioned to represent the world’s major corporations, funds and financial institutions in their most important and complex transactions and disputes. We are committed to delivering excellence in everything we do by:

Delivering the best legal advice and service

Leveraging our deep commercial instincts to serve as our clients’ strategic partners and trusted advisors

Building diverse teams of lawyers from our marketleading practices to help achieve our clients’ goals

Solving our clients’ most complex problems with creative and innovative ideas

Collaborating across offices to deliver the best of our knowledge, wherever in the world it’s needed

Using technology to develop new ways to deliver timely and efficient client service

Please visit mayerbrown.com for comprehensive contact information for all our offices.

Evan Zhou

Registered Foreign Lawyer (The People’s Republic of China)

Tom Fu Partner

Raymond Yang Partner

THIS APRIL, BRITCHAM SUPPORTS: EARTH MONTH

With forthcoming new legislation on single-use plastic bottle reduction, glass bottle levies and municipal waste charges coming into play, Belu is excited about the opportunities for business growth in Hong Kong, as more businesses look to move away from singleuse bottles to refillable options when it comes to guest or workplace drinking water solutions.

Belu launched in Hong Kong in 2021 after an approach from The Upper House, who were seeking a sustainable water solution for their restaurant, Salisterra, and were attracted by Belu’s purpose-led business model. Belu jumped at the chance to ‘go global’ with Swire, a group that cares about sustainability by branching out into Hong Kong For Belu, business growth means positive impact for people and planet through their innovative Social Enterprise business model.

Filter in Action

Founded in London in 2002 , to bring an environmentally improved bottled water proposition to market, Belu expanded into filtered water dispensers from 2015 and introduced a range of adult soft drinks in 2021 to the British market Due to their environment-first approach Belu will only offer ‘Belu

Filter in Action’, their filtered water dispenser offering outside of the UK to minimise footprint.

Through the partnership, Belu has enabled The Upper House to serve guests premium still and sparkling water on tap in reusable jugs, reducing waste and carbon footprint, saving on storage and deliveries and supporting Belu’s bold purpose ‘to change the way the world sees water’.

Belu offers filtered water solutions with leading carbon filter technology for a range of hospitality needs from front to back of house and now has over 60 filtered water systems in Hong Kong with plans to double growth this year.

The Belu HK Collective

A range of trailblazing Hong Kong hospitality venues have joined its ‘Filter in Action Collective’ including more Swire Group businesses, Mandarin Oriental, Maximal Concepts, Pizza Express HK, OVOLO Group, SpiceBox Organics, Bar Leone and Shady Acres, all serving Belu premium filtered water in reusable glass bottles.

Some venues invite customers to pay a small charge

for unlimited still and sparkling free flow filtered water, which often results in better value for guests than paying for mineral or spring water in single-use bottles.

The switch can positively affect a restaurant’s bottom line too; Mr and Mrs Fox, part of EAST in Quarry Bay, saw a 72% uplift in water sales from the prior year

Thinking ‘Environment First’

The UN Sustainable Development Goals (particularly 6, 12 and 13) underpin Belu’s purpose

As a social enterprise on a mission to do business differently whilst helping to solve some of the world’s problems at the same time, Belu invest 100% of profit in pursuit of their purpose. That means investing to reduce emissions, supporting water stewardship projects, advocating a circular economy and bringing clean water, decent toilets and good hygiene to everyone everywhere in partnership with WaterAid

Belu gives all net profit to WaterAid

Belu believes that everyone should have access to clean water, however in today’s world, 1 in 10 people still do not have clean, safe water to drink in poor communities worldwide and every minute a newborn dies from infection caused by lack of safe water

Since 2011, Belu has committed 100% of net profits to WaterAid, totalling £5.5million (HK$ 55m), transforming over 366,808 lives worldwide with clean water, decent toilets and good hygiene

Belu gives to WaterAid on an unrestricted basis, based on trust in the leading global charity’s ability to allocate funds where they are needed most to fund work across 27 countries from South and Southeast Asia to Sub-Saharan Africa and Latin America.

Communities are transformed because they no longer face water-related diseases and the challenge of having to collect water, often from miles away, every day.

Clean, secure water sources are important for health, dignity, safety and economic progress

It makes business sense to invest in Global Goal 6 ‘Clean water and sanitation for all’, for every US$1 invested in water and toilets, $4 is returned in saved medical costs, averted deaths and increased productivity (WHO)

Making a positive impact in Hong Kong

Belu remains optimistic about growth in Hong Kong, proving that when given the choice, people will embrace ethical and sustainable options

Komola Munda, collects clean water at a Rainwater Harvesting System pump, Kolbari, Bangladesh, 2023. Credit WaterAid/ Fabeha Monir

Prior to installing their Belu water filtration machines, the restaurant at The Upper House was purchasing 30,000 glass bottles of imported water per year. Since 2021, their switch to Belu has saved over 90,000 single use glass bottles being shipped across the world, minimising their water service carbon footprint

Every bottle of Belu filtered water served in Hong Kong, saves more than 5kg of CO2 emissions* and one single use glass bottle going to waste. Every 500 refills saves almost as many CO2 emissions as a flight from Hong Kong to London.

Maximal Concepts, the global F&B group behind some of Hong Kong's top restaurants says:

Partnering with Belu was an easy choice when striving to be more sustainable throughout multiple brands in our restaurant group. There are so many advantages to this partnership from reducing our carbon footprint, minimising transportation and shipping costs, and reducing waste. Not to mention it is a product that not only our guests love, but our staff is proud to be serving.

- Matt Reid, Co-Founder/ Director, Maximal Concepts

Team Belu

Belu is headed by two female Co-CEO’s (inspired by Shine theory), London Mayoral Independent Candidate Natalie Campbell MBE and Charlotte Harrington, both based in the UK.

Global Director, Claire Pearson, is currently based in Hong Kong, and the first local full-time Belu Hong Kong Lead has recently been recruited, with further support from Belu’s central office in London

Belu adopts a local partnership approach to ensuring efficiencies and best-in-class service. Hong Kong based technical support partner Metagroup, has partnered with Belu since 2021, ensuring efficient servicing and maintenance of Belu Filtration systems, Foxtrot Partner supports the business with corporate governance, with accounts support from Fresh Accounting

Belu’s Purpose P&L™

Belu’s carbon savings, monies to WaterAid and investment in nature all feed into the brand’s transparent and trademarked ‘Purpose P&L’

Showing exactly where the money flows and impact delivered, published annually in their Impact Report. Belu use their Purpose P&L as a blueprint for best practice and through their networking and thought leadership activities, it’s inspiration for others to do business differently.

Taking steps to a zero carbon future

Since 2010, Belu has reduced the carbon intensity of its business by 59%, and for 10 years, was certified to British Standard Institute PAS 2060 for carbon neutrality; making a forward commitment to carbon reduction and offsetting remaining emissions

Belu plans to launch into corporate workplaces

In 2022, agreeing with a report from WWF and Boston Consulting Group, Belu changed its approach to Carbon Management, feeling that buying carbon credits to offset remaining emissions was not the right way to go.

Belu is aiming for a zero carbon future through investing in climate resilience and nature-based solution impact investments to regenerate and restore biodiversity and working closely with supply chain partners to remove emissions over the long term

Investments include their partnership with Blue Marine Foundation, a global NGO, to support research into kelp forests along coastlines. Maintaining kelp forests is important because many plants and animals use them as shelter and protection from predators and storms Just one kelp plant can support up to 80,000 individual animals

What next for Belu?

In Hong Kong, Belu continues to invite more likeminded partners in the food, beverage and workplace sectors to join them in changing the way the world sees water and will also be launching a beautiful new reusable bottle for retail and corporate gifting

Supporting the Hong Kong workplace sector’s Supplier Diversity goals

With Supplier Diversity strategies a focus for multinational corporations, Belu is planning to launch into the workplace sector this year, after success in the UK where they partner with a range of businesses from large investment banks and insurance firms to coworking spaces, supplying hot and cold filtered water taps to keep teams and guests hydrated with purpose

Taking Belu Global

Hong Kong’s food scene, environmental goals and overall vibrancy made it the natural first global port of call for Belu Now, Belu is ready to scale further across the globe starting in APAC then further afield

Next stop is Singapore, to help the hospitality and business communities with their sustainability goals, where Belu will again partnering with the British Chamber of Commerce

At Belu, we feel that the opportunity to grow Belu Filter Action is endless; the move to refill and reuse when it comes to water service is a case of ‘when’ not ‘if’ for businesses worldwide. We enjoy doing business for good with good people, helping businesses at whatever stage of their own sustainability journey they’re at.

The more our business can grow, the more positive impact for people and planet we can achieve together, through saving lives through our partnership with WaterAid and minimising impact on the planet.

- Claire Pearson, Global Growth Director

Claire Pearson Global Growth Director

To find out more visit belu.hk or contact

Claire Pearson directly

clairep@belu.org

+852 6084 7627

[*compared to importing 3 standard Belu bottles of water]

HONGKONG’SGREENAGENDA

TheSpecialAdministrativeRegionistakingstepstoachievecarbonneutralitybefore2050

Increasingly common extreme weather conditions underscore the reality that the clock is ticking for the world to transition to a low-carbon environment.

The Hong Kong Special Administrative Region (SAR) has pledged to achieve carbon neutrality before 2050 and has an interim target of reducing Hong Kong’s carbon emissions by 50% before 2035 compared with 2005 levels

Action plan

In order to achieve its pledge, the government has launched a series of initiatives. Key among them is the Climate Action Plan 2050, which was launched in 2021. This outlines four major decarbonisation strategies and measures: net-zero electricity generation, green buildings, green transport and waste reduction.

Of course, global protocols and standards inform the responses of individual countries. Among different measurements of carbon emission, the most commonly adopted is the Greenhouse Gas Protocol, established in 1998 as an international standard for corporations to account and report GHG emissions.

The newly released IFRS Sustainability Disclosure Standards, issued by the International Sustainability Standards Board, require listed companies to adopt the GHG Protocol to calculate carbon emission generally, unless there is any local regulatory requirement

At the same time, in addition to reporting on their scope 1 and 2 emissions, large companies are now being pushed to calculate their scope 3 emissions, which include indirect emissions from their supply chain Scope 1 emissions are from sources owned or controlled by the company, while scope 2 emissions are generated indirectly from the consumption of purchased electricity, heat or steam This has led many companies to work with their suppliers to measure and reduce their emissions, as well as to educate them on the importance of emissions reduction.

International centre

With finance one of the key pillars of Hong Kong’s economy, accelerating the SAR’s development as an international centre for green and sustainable finance can help with the low-carbon transition.

In 2020, the Hong Kong Monetary Authority and the Securities and Futures Commission established the Green and Sustainable Finance Cross-Agency Steering Group (CASG) in order to coordinate the efforts of financial regulators, government agencies, industry stakeholders and academia in capacity building and policy development, and to serve as a repository for resources.

The government also launched the Green and Sustainable Finance Grant Scheme in May 2021 to provide subsidies for eligible bond issuers and loan borrowers Since then, more than 220 related debt instruments have received grants

Talent is key

During the transition towards a low-carbon economy, there is a critical need to expand the talent pool and enhance the relative capacity for professionals from diverse backgrounds.

Christina So, head of ACCA Hong Kong and Greater Bay Area (GBA) lead notes that there is a growing need for finance professionals to understand the impact of ESG factors on businesses and their clients. ‘In a world where key stakeholders are demanding more from companies and their net zero objectives, green finance has become a ‘must-have’ skill for accounting and finance professionals to create long-term value, driving the migration to sustainable economies and businesses. With talent development at the core, we empower Hong Kong’s talent to upskill for a sustainable future and shape a better world ’

Climate Finance course

The collaboration between ACCA and CFA Institute marks a step forward in environmental, social and governance capacity building, helping professionals to get the necessary knowledge and skills to support the transition to a low-carbon and sustainable economy

The ACCA and CFA Institute Climate Finance course provides an introduction to climate change and its related economic and environmental impacts, as well as climate solutions. It covers climate change, carbon pricing, sustainable business models, and climate risk and opportunities in the context of business as well as portfolio construction and investment analysis.

The course has been included as one of the Eligible Programmes under the Pilot Green and Sustainable Finance Capacity Building Support Scheme. Eligible applicants may claim up to 80% of the reimbursable fees (full-time students may enjoy up to 100% reimbursement)

Certificate in Sustainability for Finance

Individuals with expertise in sustainability are highly sought after To equip finance and accounting professionals with the sustainable development skills and enable them to tackle related challenges with confidence, ACCA has introduced the Certificate in Sustainability for Finance. This certificate covers key topics such as sustainability fundamentals, climate risk and reporting, the impact of the Sustainable Development Goals (SDGs), ESG performance and metrics, and sustainability analytics. For individuals who already possess professional accountancy qualifications, this certificate can be counted towards their Continuing Professional Development (CPD) hours, ensuring they remain up-to-date with the latest industry developments

This course has also been included as one of the Eligible Programmes under the Pilot Green and Sustainable Finance Capacity Building Support Scheme Eligible applicants may claim up to 80% of the reimbursable fees (full-time students may enjoy up to 100% reimbursement)

About ACCA

We are ACCA (the Association of Chartered Certified Accountants), a globally recognised professional accountancy body providing qualifications and advancing standards in accountancy worldwide

Founded in 1904 to widen access to the accountancy profession, we’ve long championed inclusion and today proudly support a diverse community of over 247,000 members and 526,000 future members in 181 countries.

ACCA now has over 29,000 members and 148,000 future members in China, with 11 offices in Beijing, Shanghai, Guangzhou, Shenzhen, Chengdu, Shenyang, Qingdao, Wuhan, Changsha, Hong Kong SAR and Macau SAR.

Our forward-looking qualifications, continuous learning and insights are respected and valued by employers in every sector. They equip individuals with the business and finance expertise and ethical judgment to create, protect, and report the sustainable value delivered by organisations and economies

Guided by our purpose and values, our vision is to develop the accountancy profession the world needs Partnering with policymakers, standard setters, the donor community, educators and other accountancy bodies, we’re strengthening and building a profession that drives a sustainable future for all

Find out more at accaglobal com/hk or follow ACCA Hong Kong on social media: www facebook com/ACCA HongKong | www instagram com/acca hk | www linkedin com/showcase/acca-hong-kong | WeChat ID: ACCA China

The ancient myth of “El Dorado” speaks of a lost city made up entirely of gold. The very prospect of such a place inspired several unsuccessful expeditions throughout history, these were long, strenuous and reaped no rewards – “El Dorado” remains resigned to our imaginations.

Unlike El Dorado, there will be no struggle to locate to Hong Kong and, although the territory comprises of bricks and mortar rather than gold, the prosperity opportunities exist in abundance It is a magnificent place to live with numerous benefits for individuals and businesses alike, including a straightforward tax system, inexpensive business start-up costs and access to an eclectic international business community.

Hong Kong is feasible for many through multiple friendly immigration routes with government visa fees costing a mere HK$230 (US$30)! So, what are some of these “friendly immigration routes” and how best to utilise them?

General Employment Policy

This carries two pathways, the Employment as Professionals route and the Investment as Entrepreneurs route

Employment as Professionals

Visa applicants need to show “good education background” (normally, but not always, a degree from a reputable university) and there must be a genuine job vacancy with a salary at market rate Additionally (and perhaps most importantly), it must be shown that the foreign applicant will not be acquiring a job that could readily be taken up by a local

The latter may be satisfied by showing genuine failed attempts to fill the role with the local workforce. We would recommend that strong evidence of attempts be shown (if possible), such as local job advertisements. Regardless, employers will need to have a good explanation as to why a certain foreign individual is necessary alongside evidence of the individual’s specialist skills/experience that are specifically required to fill the role.

The sponsorship process is relatively straightforward but, for first-time sponsors, involves providing extensive company information - proof of financial standing, details/evidence of company background and for newly incorporated companies - a detailed business plan (see Investment as Entrepreneurs below)

The good news is that, once the sponsorship hurdle has been overcome for one applicant, any future visa sponsorships will be much simpler (provided 2 years has not lapsed) as the reference number of the previous visa sponsorship can instead be provided

Investment as Entrepreneurs

You will need to provide a viable 2-year business plan

We find that the importance of this element is often (surprisingly) overlooked by many clients. As goes with potential business investors, a half-hearted and undercooked plan is not going to win over the Immigration Department! Alongside the business plan, proof of the following will need to be provided:

business turnover; number of jobs created locally; financial resources/investment sum; and introduction of technology or skills (if applicable)

Of course, many of the above elements can be contained within the business plan itself This should produce an all-encompassing document and hopefully help to ensure that, commercially, you have all your ducks in a row

There is a requirement to have a physical office premises in Hong Kong which often sparks panic as many new business ventures initially lack office space. However, in our experience renting a “WeWork” type workspace should suffice in the first instance – the main concern should be “selling” the business idea.

The sponsor stipulations for this visa type are simple

and provide the choice of having a company or individual acting as the sponsor. The main requirements are standard for sponsors of any Hong Kong visa type, being that:

they must be in some way acquainted with the applicant;

an individual sponsor must be a Hong Kong resident over the age of 18; and a company sponsor should be registered in Hong Kong

Sponsors of Investment as Entrepreneur visas do not need to provide widespread information - the sponsor’s main burden will be to take responsibility for the applicant’s repatriation should they violate their stay conditions.

Top Talent Pass Scheme

You must fulfil one of the following requirements:

an annual income of at least HK$2 5 million; a degree from one of the world’s top universities with at least three years work experience over the past five years; or a degree from one of the world’s top universities within the last five years but less than three years work experience (annual quota of 10,000).

In our experience, an individual needs to demonstrate effectively why exactly they are a “top talent” that will benefit the Hong Kong economy. Work experience coupled with education should all be relevant to the “talent”

If you have already secured employment in Hong Kong, it is likely that the Employment as Professionals route will be best for you as the eligibility requirements are less demanding and there is no quota.

However, the main benefit of this route is that no sponsorship is required. It may be that you lack sponsor options and/or can fulfil one of the requirements easily, in which case this will be a great option

Individuals should be aware that this scheme could end in future, as it was originally introduced to fill the void caused by the exodus of foreign talent during the COVID-19 pandemic

Quality Migrants Scheme

The Quality Migrant Scheme is similar in concept to the Top Talent Scheme and also possesses the benefit of having no sponsorship requirement It is based on two separate points-based systems - one being the General Points Test Applicants where applicants need to score at least 80 points out of a possible 245 points in order to achieve a successful outcome Points are awarded for work experience, education, age, language abilities, families education/background and more

Alternatively, applicants can use the Achievementbased Points Test. 245 points may be awarded under this test if the applicant has received an award of exceptional achievement or can show that his/her

work has been acknowledged by his/her peers or has contributed significantly to the development of his/her field.

If you think you can apply under one of the other visa routes, we will usually advise utilising these over the Quality Migrant Scheme as it is quota based and will involve a lot of scrutiny. Consequently, it usually takes several months for a visa to be issued via this scheme whereas with the Top Talent Pass Scheme, for example, it can sometimes take just several days

Immigration Arrangements for Non-local Graduates (IANG)

This visa route is aimed at those who have studied in Hong Kong and wish to try secure local employment or have already secured local employment.

Applications without an offer of employment can only be made within six months of the individual graduating from a local Hong Kong university Other non-local graduates will need to secure an offer of employment in order for their application to be consideredemployers will need to provide company information similar to that required for employer sponsors of Employment as Professionals visas (see above).

If an option, this route usually should be utilised over other routes (such as the Employment as Professionals) as the process is simple, efficient and can be less demanding, particularly if you graduated from a local university within the preceding 6 months.

Dependants

If this visa route is an option, it will likely be the best visa route for you, regardless of whether you are eligible for another visa route or not. It offers the most freedom. Again, this always depend on the specific circumstances – for instance, you may not want your visa to be dependent on someone else.

You will be eligible for a Dependant Visa if you are a dependant of a Hong Kong local or someone who has a valid Hong Kong visa Eligible dependants include spouses (including same-sex spouses), children under the age of 18 and parents over the age of 60

This a great visa option if you are eligible as you will be free to take up employment as you please, as well as have the freedom to start your own business venture should you wish. The visa application process is also straightforward should you meet all the eligibility requirements.

Capital Investment Entrant Scheme

At the time of writing, the government have not provided full details but indicated that it is set to be introduced in mid-2024 However, the clue as to what will be needed is in the name – capital. We expect this route will not require any sponsorship and will be viable for investors willing to invest at least around HK$30 million into Hong Kong real estate and/or specified financial assets.

Conclusion

Hong Kong’s business opportunities are bountiful, and the territory actively welcomes talented and motived individuals. The advantages are two-fold, foreign talent can bear the fruits of what Hong Kong has to offer whilst local businesses can benefit from expertise overseas bringing about new insights.

Whilst the visa schemes are “friendly”, complications can arise if applications are blindly approached. Individuals and companies alike should research from the outset to be clear on what visa route is best

About Hugill & Ip

Hugill & Ip is an independent law firm in Hong Kong providing bespoke legal services and exceptional client service to individuals, families, entrepreneurs and businesses, locally and internationally

Angus Maclean Registered Foreign Lawyer

About Angus Maclean

Angus is a Registered Foreign Lawyer qualified in England & Wales. Working in Hong Kong and the UK, Angus has gained a global perspective in specific legal sectors including Corporate & Commercial, Employment & Business Immigration. He has Hong Kong and UK Immigration experience, working on complex private client visa applications, as well as assisting Corporate clients. Angus has also supported SMEs with legal matters whilst they strive to achieve their business goals, helping to devise legal structures and drafting the appropriate accompanying commercial documents.