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Simon Hui

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Simon Hui is a partner and leads Baker McKenzie’s Dispute Resolution Group in Shanghai. Mr. Hui is ranked among the leading lawyers for dispute resolution/regulatory and compliance in China by Chambers Asia Pacific, Chambers Global and Legal 500 Asia Pacific. He has conducted complex internal investigations for a large number of multinational companies across a range of industries. He is also a skilled investigator and has experience in dealing with PRC government authorities and regulators such as PSB, SAMR, NSB and SPP. He has been interviewed by leading business media, such as the Financial Times, for his work on assisting the SOE in the establishment of compliance system as the country pushes for its SOEs to participate in the Belt & Road Initiatives.

The Guide to Doing Business in China provides an introduction to selected aspects relating to investment and business operations in the People’s Republic of China under current Chinese laws and policy during the COVID pandemic, including a summary of important areas of concern to all investors in China: mergers and acquisitions, data privacy issues, antitrust and competition issues, taxation, employment, intellectual property protection, trade and import and export rules, financial services, as well as anti-bribery compliance and dispute resolution issues.

In today’s global marketplace, disputes are growing in number and complexity. Businesses are facing intense competition and must manage the risks and challenges in doing business locally and internationally. Higher accountability standards and tighter regulatory scrutiny increase exposure and vulnerability.

China has strengthened its commitment to protect personal information by adopting the new Personal Information Protection Law (PIPL 《中华人民共和国个人信息保护法》) which gives data subjects the power to control and determine how, with whom and for what purposes their personal information can be shared, analyzed or handled. Our Firm has previously released a more detailed discussion on the PIPL, which took effect on 1 November 2021.

China has strengthened its commitment to investigate commercial bribery offenses, as indicated by two recent legislative developments — Guiding Opinions on Establishing a Mechanism for Third-party Supervision and Evaluation of the Compliance of Enterprises Involved in Cases (for Trial Implementation) (“Third-Party Mechanism Guiding Opinions,” 《关于建立涉案企业合规第三方监督评估机制的指导意见(试行)》, issued in June 2021) and Opinions on Further Promoting the Investigation of Bribery and Acceptance of Bribes (“Opinions on Dual Investigations,” 《关于进一步推进受贿行贿一起查的意见》, issued in September 2021). These significant developments indicate China’s latest enforcement trends with a renewed focus on bribe givers and commercial bribery, while balancing the need to protect legitimate business interests.

The Supervisors Law of the People’s Republic of China was recently promulgated by the Standing Committee of the National People’s Congress on 20 August 2021. Together with other legislation and enforcement activities, the Supervisors Law aims to strengthen President Xi’s anti-corruption campaign and is scheduled to take effect on 1 January 2022.

The Measures for the Supervision and Administration of Anti-Money Laundering and Counter-Terrorist Financing of Financial Institutions recently promulgated by the People’s Bank of China came into effect on 1 August 2021. Among other things, the Measures expand the scope of applicable entities, provide specific details of internal control and risk management requirements and increase PBOC’s supervision and administration powers. The new Measures are a significant development, demonstrating China’s efforts to improve and enhance its anti-money laundering and counter-terrorist financing regime.

Hong Kong and Mainland China are common destinations for embezzled funds In today’s global marketplace, disputes are growing in number and complexity. Businesses are facing intense competition and must manage the risks and challenges in doing business locally and internationally. Higher accountability standards and tighter regulatory scrutiny increase exposure and…

Effective from 1 January 2021, the Shanghai Anti-Unfair Competition Regulations (“Regulations”) require all business operators in Shanghai to strengthen their internal controls and compliance management. 

Our alert discusses the implications of this significant development, which is the first time that the concept of a compliance program has been introduced into Chinese laws and regulations. 

Read publication In this cover story by Asian-Mena Counsel,* four Baker McKenzie lawyers and two thought-leading GCs talk about key issues in sanctions and investigations. Mini vandePol (Hong Kong), head of Baker McKenzie’s Asia Pacific Compliance & Investigations Group; dispute resolution and compliance and investigations lawyer Celeste Ang (Singapore); Simon Hui, leading lawyer for…

Hong Kong and Mainland China are common destinations for embezzled funds. In today’s global marketplace, disputes are growing in number and complexity. Businesses are facing intense competition and must manage the risks and challenges in doing business locally and internationally. Higher accountability standards and tighter regulatory scrutiny increase exposure and vulnerability.