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Digitalization and technological trends have rejuvenated the global marketing landscape in the most drastic and unpredictable ways. We are seeing an uprise in the number of companies, big and small, engaging KOLs as part of their marketing strategies. In this interactive session presented in Cantonese, Baker McKenzie associates have explored and discussed currently-trending types of KOL engagement, relevant laws in mainland China and Hong Kong, emerging legal risks, recent cases and experience, and insights on mitigating legal risks.

The Stock Exchange of Hong Kong Limited has amended its Listing Rules, including the Corporate Governance Code, to enhance the corporate governance framework and promote good governance among issuers. The amendments follow a consultation period and the conclusions drawn in the published Consultation Conclusions.

Cyber fraud remains a significant risk to businesses and individuals. In the 11 months to November 2021, over 500 phishing scams, worth more than HKD 1.4 billion in losses, were reported to the Hong Kong Police. The Police have been developing and will soon launch a free software to assist businesses in identifying phishing scams.

The financial services industry is undergoing sweeping changes driven by regulatory developments, rapidly advancing technology, ESG concerns and continued consolidation in the sector. The far-reaching impact of financial reforms, intricacies in their implementation, and conflicting regulations in different jurisdictions can expose businesses to increased regulatory risk.

Hong Kong controls dual-use items under the Import and Export Ordinance and its corresponding subsidiary legislation, the Import and Export Regulations. On 17 September 2021, an order to amend the list of strategic commodities under relevant schedules to the IESCR came into effect. The amendments aim to align Hong Kong’s control list with international non-proliferation regimes, including the Wassenaar Arrangement.

On 1 August 2021, the regulatory framework for Advanced Therapy Products (ATPs) came into operation in Hong Kong. ATPs, which are innovative medical products based on genes, cells and tissues that have been subject to ‘substantial manipulation’ or are intended for non-homologous use, have been added to the definition of ‘pharmaceutical products’ under the existing Pharmacy and Poisons Ordinance and its subsidiary legislation, the Pharmacy and Poisons Regulations.

The Securities and Futures Commission recently released its Consultation Conclusions on Proposed Enhancements to the Competency Framework for Intermediaries and Individual Practitioners. Changes to the existing Guidelines on Competence and Guidelines on Continuous Professional Training will take effect in January 2022. These changes impact the competence and ongoing training requirements for new and existing Responsible Officers and Licensed Representatives of Licensed Corporations, as well as Executive Officers and Relevant Individuals of Registered Institutions.