Conference Program
Please note that the below is a preliminary conference program and subject to change. Information correct as at 16 September 2019.
CPD Accreditation for Hong Kong SAR delegates
A maximum of 14 CPD points will be awarded for attendance of the full programme
Please note that the conference will be held across two different venues: The JW Marriott Hotel and the Hong Kong Convention & Exhibition Centre (HKCEC).
| Monday, 4 November 2019 | |||
| 1400 – 1800 | LAWASIA Executive Committee Meeting ExCo Members only |
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| Tuesday, 5 November 2019 | |||
| 1000 – 1600 | Annual LAWASIA Council Meeting LAWASIA Council Members only. This event is by direct invitation only. |
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| 1800 – 2000 | Presidents’ Dinner Invitation only |
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| Wednesday, 6 November 2019 | |||
| 0830 – 0930 | Registration JW Marriott Hotel |
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| 0930 – 1030 | Opening Ceremony JW Marriott Hotel |
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| 1030 – 1100 | Morning Refreshments & Networking JW Marriott Hotel |
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| 1100 – 1230 | Plenary Session JW Marriott Hotel |
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| 1300 – 1430 | Lunch & Guest Speech Renaissance Harbour View Hotel – Note: One-way coach transfer from the JW Marriott Hotel to the Renaissance Harbour View Hotel will be provided. |
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| 1800 – 2200 | Update on Global Legal Landscape and Welcome Reception & LAWASIA Cup Happy Valley Racecourse |
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| Thursday, 7 November 2019 | |||
| 0800 – 0900 | Registration continues HKCEC |
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| 0900 – 1030 | ALTERNATIVE DISPUTE RESOLUTION Risk Management in Mediation and Arbitration for International and Cross-border Disputes Room S421, Level 4, HKCEC Have you wondered how ADR – with its standardised (albeit well intended) rules and procedure – be better applied to increasingly complex and fact-specific cross-border disputes? How the seemingly rival demands of delivering an effective and efficient ADR service and complying with regulatory and professional conduct rules be reconciled? To discuss these concerns and how risk management1 plays a key role in any ADR practice, LAWASIA warmly invites you to this must-attend session. Our distinguished panel will discuss risk identification, evaluation and mitigation in mediation and arbitration of international commercial disputes. Leading lawyers, mediators and arbitrators will share invaluable insights and tips as part of a proactive, holistic strategy to better manage common risks and conduct ADR, e.g.: confidentiality; privilege; conflicts of interest; independence and control; due diligence (e.g. AML); budgets; timetables; resources; third party funding context; and other conduct/practice pitfalls. After the session, delegates may expect to takeaway tactics to boost their ADR toolbox and practice. Indeed, risk comes from not knowing what you are doing2 ! 1. Maximising and minimising areas where we have some control over the outcome or where we have absolutely no control over the outcome, respectively (Peter L Bernstein, 2012) Moderators Speakers |
TAXATION Taxing the digital economy: where do we stand now & what’s next? Rooms S423 – S424, Level 4, HKCEC In March 2018, the OECD issued a preliminary report discussing the challenges of taxing the digital economy. Drawing strength from Action 1 of the BEPS report, this recent report studies the characteristics of digital businesses including its remote presence, reliance on intangibles and data, and heavy user participation. Having said this, the notion of how to tax the digital economy remains a difficult question for countries worldwide. Despite the urgency on the part of tax authorities wanting to tax the digital economy, there is still no common global on how to achieve this. The new business models that the digital economy creates remain elusive from the taxation net and this is partially contributed to the fact existing tax laws and framework are not suited to effectively tackle this. With international pressure and interest in this area, this session aims to discuss how tax authorities in this region are preparing to address the question of taxing the digital economy, which has revolutionised the manner in which people today live and conduct their daily lives including businesses. This session will also analyse the unilateral approaches taken by some governments are effective or are these pure interim measures. Moderator Speakers |
ANTI-TRUST Making Leniency Great Again – the Challenges of Cross-border Cartel Enforcement Rooms S426 – S427, Level 4, HKCEC Cartel enforcement by competition agencies across the region remains a priority. However, detection of anti-competitive conduct is increasingly becoming more challenging – as the benefits of immunity/ leniency programmes for companies and individuals no longer give sufficient bright-line incentives to cooperate with enforcement authorities. This panel will address the risks, benefits and incentives of leniency – and how both private sector and competition agencies view global trends and the impact on future enforcement. Moderator Speakers |
| 1030 – 1100 | Morning Refreshments & Networking HKCEC |
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| 1100 – 1230 | COMMUNICATIONS, TECHNOLOGY & DATA PROTECTION The extra-territorial impact of the General Data Protection Regulation (GDPR) on businesses in the Asia Pacific region. Room S421, Level 4, HKCEC Privacy / Data protection is really a battle between individualism and right to information. The European Union has introduced the General Data Protection Regulation (GDPR) in May 2018, which is not only applicable to the European Economic Area (EEA), but also claims for applicability to third country data processors once EEA personal data is processed. The changes in the GDPR has also affected the enforcement of IP rights by brand-owners. This session will discuss when and how to comply with the GDPR, and enforcement risks for non EU or EEA processors under the GDPR. The session will also focus on the UK experience as an EU member and Switzerland’s experience of dealing with both Swiss national privacy law and GDPR as a non EU or EEA member state – as it is the case for Asian countries. Furthermore, this session will provide for inputs on how Japanese companies comply with GDPR in addition to the Japanese law maintaining good balance between GDPR and national privacy laws in Japan, on regulation of false information spreading on social networks with willful agenda in Taiwan, and application of GDPR in countries under Belt and Road and Hongkong. Moderators Speakers |
SPORTS LAW Sports Contracts Management and Sports Dispute Resolution Rooms S423 – S424, Level 4, HKCEC Sports law, like the special characteristics and dynamics of sports, continues to grow and evolve over the years. As sports emerge as a global industry, stakeholders such as governments, sporting bodies, clubs, agents, managers and players are gaining awareness over the potential of criminality and abuses. Stricter laws are called to deal with cases in relation to corruption, match fixing and doping. In this session, experts are invited to analyse how sports disputes are different from commercial disputes and discuss the projected changes in sports law and their implications towards the sports industry over the coming years. Moderator Speakers Commentator |
UNCITRAL Harmonised regulation of E-Commerce in Asia and current UNCITRAL initiatives Rooms S426 – S427, Level 4, HKCEC This session will focus on the adoption and implementation of UNCITRAL’s e-Commerce Conventions and model laws, with particular emphasis upon the requirements of the revamped Trans Pacific Partnership and approaches within ASEAN to the regulation of electronic commerce. Moderator Speakers |
| 1230 – 1345 | Lunch & Networking Renaissance Harbour View Hotel |
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| 1400 – 1530 | BANKING & FINANCE Fintech, Cryptocurrency and Initial Coin Offering Room S421, Level 4, HKCEC Fintech is revolutionising financial services globally. It has changed the nature of commerce and end-user expectations for payments and financial services. With this rise of technology, cryptocurrencies and initial coin offerings (ICOs) have been increasingly used as means for capital raising and investment, while the nature of bank has also been changed in that “virtual” banks are now in reality.Accompanying the potential to improve efficiency for funding and financial inclusion, frauds and hacking incidents are more prone to happen with these digital assets and new mode of doing business, as laws and regulations always trail behind technology developments.In this session, speakers will discuss the opportunities and risks entailed in this continuing trend of fintech, what should be done by the market players and regulators in better protecting the interests of public and developing the related infrastructure. Moderator Speakers Commentator |
ENVIRONMENTAL LAW Legal responsibility of enterprises for climate change and its consequences Rooms S423 – S424, Level 4, HKCEC •Legal responsibilities and business risks of enterprises and their directors for the contribution and exposure of the enterprises’ activities, goods and services to climate change and its consequences Speakers |
EMPLOYMENT LAW Employees Protection: Sexual Harassment, Equality and Diversity Rooms S426 – S427, Level 4, HKCEC With the rise of the #MeToo movement and its overwhelming impact across the globe, the movement has awakened the world to the prevalence of sexual harassment, especially in the workplace. It has also given a voice to silenced women and raises concerns of gender equality.Aside from the above, as we live in a world that comprises of people from different race, sexual orientations, family status etc., it is therefore vital for employers to take positive steps to ensure equality and diversity in the workplace in order to provide safe and level playing fields for all their employees.In this session, speakers will discuss (1) how law in different jurisdictions handles issues relating to sexual harassment, equality and diversity in the workplace; (2) what employers can do to protect themselves from being caught in claims arising from these issues; (3) what employers should do if they encountered these issues; and (4) the way forward. Moderator Speakers |
| 1530 – 1600 | Afternoon Refreshments & Networking HKCEC |
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| 1600 – 1730 | BELT & ROAD Building A Community of Common Destiny: BRI Legal Cooperation in the Asia Pacific Region Room S421, Level 4, HKCEC Since its inception in 2013, the Belt and Road Initiative (BRI) has attracted a lot of attention and secured wide participation from the international community. To date, some 170 countries and international organisations have signed BRI cooperation documents. Pilot projects such as China-Pakistan Economic Corridor, China-Laos Railway and Jakarta-Bandung High-speed Railway have steadily progressed. A few developed countries have expressed their interest in conducting mutually beneficial cooperation with China as well as with any third party. The Belt and Road Initiative is opening up even broader prospects for development. As the Belt and Road Initiative develops, there is an increase in the number of disputes arising from various fields such as investment, trade, taxation, finance, land and labour, which entails an urgent need to improve legal services and international dispute settlement mechanisms and strengthen international cooperation in relevant fields. This session will: (1) discuss major legal risks and problems faced in Belt and Road Projects; (2) explore different routes to develop and improve international dispute settlement mechanisms within Asian-Pacific region; (3) summarise the practice and experience of transnational legal service; (4) discuss the role of lawyers and law firms in legal advice and dispute resolution and potential for further collaboration. Moderators Speakers Commentator |
HUMAN RIGHTS Human Rights Issues (including modern slavery) in the 21st Century Tackled at its Source Rooms S423 – S424, Level 4, HKCEC Through the implementation of International Covenants and constitutional instruments, every legal jurisdiction ensures that the human rights of their citizens and residents are protected. In the modern era of advanced technology, multi-dimensional connectivity, enormous wealth and new paradigms of innovation, human suffering continues to increase through poverty, lack of education, discrimination and slavery in all its forms. Speakers will consider the strengths, weaknesses and perspectives in their respective legal jurisdictions and provide possible solutions through local and international examples. Moderator Speakers |
IN-HOUSE LAWYERS Legal Professional Privilege in In-house Environment – local and international challenges Rooms S426 – S427, Level 4, HKCEC It is important that clients are able to share information freely with their lawyers. The principle of legal professional privilege (LPP) prevents such information from being used against the clients themselves subsequently. In-house lawyers’ communications are protected the same way as those of lawyers in private practice. However, the applicability of LPP may not be clear where in-house lawyers are seeking to retain privilege in documents, whilst they are performing roles of employees, legal advisers and business advisers. In this session, speakers will share their experiences from the perspective of in-house lawyers on the challenges encountered and pitfalls to avoid. Moderator Speaker |
| 1930 – 2200 | Gala Dinner The Grand Stage • Western Market – Note: One-way coach transfer from the HKCEC to The Grand Stage will be provided. |
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| Friday, 8 November 2019 | |||
| 0800 – 0900 | Registration continues HKCEC |
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| 0900 – 1030 | LAW FIRM MANAGEMENT Managing a Law Firm in an Era of Increased Competition Room S421, Level 4, HKCEC This panel will discuss the strategies that law firm leaders can adopt, particularly in the mergers and acquisitions field, in the face of a return to the legal industry by law firms backed by the Big Four, and increased competition from alternative legal service providers. Competition can be tough, given that the new comers may provide a one-stop-shop package of legal and other professional services as opposed to the single dimensional legal services that traditional law firms provide. Moderators Speakers |
FAMILY LAW Law on Child Protection in a cross-border context Rooms S423 – S424, Level 4, HKCEC In the name of the child, parents and all connected parties are fighting for the best interest of the child in their perspective. Children are taken across the border away from their ordinary daily life at a time when they witness their own family breaking up. The 1980 Hague Convention established an international mechanism for signatories states to curb abduction of children without the consent of the other parent. How it works? What if the children are taken to non-signatories countries?Other children are abducted from their parents for their personal gains. What legal protections are available for these children? Moderator Speakers |
CORPORATE SECURITIES AND INVESTMENT Legal and Regulatory Regimes regarding Asset Management Practice Rooms S426 – S427, Level 4, HKCEC This session will introduce to practitioners’ various recent initiatives in Hong Kong and Asia Pacific to develop the asset management industry. For example, Hong Kong has introduced various initiatives such as the new legal framework for open-ended fund companies, enhancements to asset management regulation and point-of-sale transparency, as well as new guidelines on online distribution and advisory platforms. Moderator Speakers |
| 1030 – 1100 | Morning Refreshments & Networking HKCEC |
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| 1100 – 1230 | INSOLVENCY Reorganisation Alternatives for Cross-Border Insolvency in Asia Room S421, Level 4, HKCEC
Gold Session Sponsor This session will examine existing Cross-Border Insolvency regimes in Asia, and contrast the approaches to reorganisation under Hong Kong, Singapore, South Korean and Australian law, particularly in light of the 2017 Singapore legislative amendments. It is hoped to draw upon Judicial speakers for this session. Moderator Speakers
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CRIMINAL LAW Anti-corruption and Anti-money Laundering in the Asia Pacific Region: Trends in Policy, Practice and Technology Rooms S423 – S424, Level 4, HKCEC In recent years, more sophisticated ways have been deployed by the criminals in corruption or money-laundering activities, against the background of increasing international trades and rapid development of fintech. Speakers in this session will give participants an overview of the latest developments on anti-corruption and anti-money-laundering in their home jurisdictions, including the current regulatory and law enforcement environment, and what to look out for. Speakers will also examine how regtech may help combat corruption and money-laundering. Moderator Speakers |
FINAL MOOT COMPETITION |
| 1230 – 1345 | Lunch & Networking Renaissance Harbour View Hotel |
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| 1400 – 1530 | INTELLECTUAL PROPERTY LAW Enforcement of IP rights, with a focus on counterfeiting activity in the Asian region Room S421, Level 4, HKCEC The session will focus on: • Enforcing IP Rights in PRC – What Options Are Available & What is Most Effective • Counterfeiting and Remedies – Is enforcement effective? • Litigation v Mediation – What is best for IP Disputes • Domain Name Arbitration – Is the System still delivering effective results? Moderators Speakers
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CONSTITUTIONAL LAW The Importance of the Interpretation and Implementation of the Constitution in the Maintenance of the Rule of Law Rooms S423 – S424, Level 4, HKCEC A Constitution creates government and its various branches, apportioning appropriate functions and powers to each. It also establishes principles for protection of the rights of the citizens and forms a blue print for the values of its jurisdiction. The application of constitutional principles and the proper interpretation of the constitution by an independent judiciary ensure the maintenance of the Rule of Law. Speakers will illustrate through examples how the courts have interpreted the constitution in their respective jurisdictions and provide suggestions on possible interpretive principles that could be adopted to understand and apply the constitution to issues that may arise. Moderator Speakers |
YOUNG LAWYERS Masterminding the Future: Age of Millennials and Gen-Z Lawyers Rooms S426 – S427, Level 4, HKCEC Young lawyers representatives from different jurisdictions will share their thoughts and experiences with individual presentations, focusing on practical tips and techniques for the modern young lawyer to thrive in today’s competitive legal environment, in particular in relation to client management, use and/or understanding of technology within the law firm and exploration of future paths including partnership and in-house opportunities.The session serves to inspire and equip young lawyers to decode the legal matrix and mastermind their own unique blueprint to their ideal legal career. Experienced practitioners are welcome to participate. Moderator Speakers Commentator |
| 1530 – 1600 | Afternoon Refreshments & Networking HKCEC |
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| 1600 – 1700 | Closing Ceremony, including moot presentations and 2020 conference announcement HKCEC |
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| 1700 | End of Conference HKCEC |
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