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Asia
Our experienced Asia legal team regularly publishes articles
and updates - the full list of publications appears below. With our broad
regional network, we keep you abreast of recent reforms, regulatory changes and
trends across the Asia Pacific. If you'd like to be notified when we add new publications to the site, please go to our
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Scroll down to view our latest publications
or, for more about our experience within Asia, please download a brochure:
Asia Pacific Network (85 KB
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Cambodia (30 KB pdf)
Indonesia (42 KB pdf)
Greater China (60 KB pdf)
Japan (42 KB pdf)
Papua New Guinea (52 KB pdf)
Korea (74 KB pdf)
Singapore (57 KB pdf)
Vietnam (84 KB pdf)
Thailand, Siam Premier (68 KB pdf)
See also Allens Arthur Robinson's Vietnam
Laws website, featuring an online searchable database of English
translations of over 3,000 Vietnamese laws and our monthly Vietnam Legal Update
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The PRC State Council has set the thresholds for when notification is required of mergers and acquisitions under China's new Anti-Monopoly Law, which came into effect on 1 August 2008. Partner Nigel Papi and Senior Associates Ross Keene and Katherine Yu discuss the new thresholds and other issues in relation to the review of mergers and acquisitions under the new law |
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On 1 August 2008, China's Anti-Monopoly Law came into force. Its key provisions will be broadly familiar to businesses operating in Australia, Europe and the USA in that it prohibits anti-competitive ('monopoly') agreements and abuse of a dominant market position, and requires notification of mergers and acquisitions ('concentrations') that meet certain thresholds. However, the Chinese Government is yet to release regulations or final guidelines on a number of aspects of the law that require clarification |
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In September 2007, we reported on the progress of the agreement signed in July 2006 by the governments of the Hong Kong Special Administrative Region and the People's Republic of China to implement laws to recognise the judgments of each other's courts. This milestone agreement led to the Mainland Judgments (Reciprocal Enforcement) Bill being passed by the Hong Kong Legislative Council and the PRC Supreme People's Court Judicial Interpretation being issued on 3 July 2008. Partner Simon McConnell, Senior Associate Mun Yeow and Trainee Solicitor Stanley Li look at this latest development |
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An internal circular issued by the Ministry of Commerce states that, as of 1 July 2008, the power to verify foreign-invested real estate projects will be delegated to the provincial level. Partner Nigel Papi and Senior Associates Ross Keene and Maggie Ma comment on the key changes brought about by the circular |
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On 7 July 2008, the Hong Kong Securities and Futures Commission and ASIC signed a Declaration on Mutual Recognition of Cross-Border Offering of Collective Investment Schemes to expedite the public offering of retail funds into each other's markets. We look at what these arrangements mean for both Australian and Hong Kong funds |
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The Legislative Affairs Office of China's State Council has issued a circular seeking feedback on draft regulations for the PRC Labour Contract Law. The draft regulations interpret and clarify a number of provisions of the PRC Labour Contract Law , which came into effect on 1 January 2008, and suggest how the law may be implemented in practice. Partner Campbell Davidson and Senior Associates Ross Keene and Katherine Yu discuss |
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The Chinese Ministry of Science and Technology, the Ministry of Finance and the State Administration for Taxation have released the Administrative Measures for the Recognition of High and New Technology Enterprises which sets out the procedures and requirements for PRC enterprises to be recognised as high-technology enterprises. Partner Campbell Davidson, Lawyer Justin Chin and Paralegal Michelle Ding report |
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The Thai Government recently enacted the country's first product liability legislation. The Unsafe Goods Liability Act B.E. 2551 (2008) is groundbreaking legislation as it empowers the court, for the first time, to grant punitive damages to injured parties. International Partner Marcus Clark, Senior Associate Rawat Chomsri and Associate Jeffrey Sok report |
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The Supreme People's Procuratorate and the Ministry of Public Security have jointly announced new rules to regulate the stock, securities and futures markets and to combat securities fraud in the People's Republic of China. Partner Simon McConnell and Senior Associate Mun Yeow look what the new regulations mean |
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The Hong Kong Financial Services and Treasury Bureau has initiated a major review of the Hong Kong Companies Ordinance. Partner Simon McConnell and Lawyer Eric Cheung look at what changes are being contemplated |
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The PRC Labour Dispute Mediation and Arbitration Law took effect on 1 May 2008. Partner Campbell Davidson and Senior Associates Ross Keene and Katherine Yu outline the key changes resulting from the new law, and its impact on employers in the PRC |
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As a result of the Vietnamese Government's continuing economic reform agenda, foreign investors are likely to be given the opportunity to become strategic investors in major Vietnamese State-owned enterprises in the telecommunications industry as part of the country's 'equitization' process. Senior Associate Ian Stewart and Lawyer Daniel Allender comment on the current state of play and potential further developments |
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The Securities and Futures Commission of Hong Kong recently laid criminal charges over insider dealing activities for the first time. Partner Simon McConnell and Senior Associate Mun Yeow also look at some of the challenges to the Commission's powers of investigation and the resultant court cases |
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A New South Wales Government discussion paper foreshadows wide-ranging amendments to the Retail Leases Act 1994. If the proposals identified in the discussion paper are adopted, there will be a significant impact on how landlords lease, operate and manage their assets, and potentially on the value of those assets. Partner Grant Higgins and Lawyer Mark Ryan look at what will change. |
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The Securities and Futures Commission recently issued a circular to licensed corporations and associated entities on anti-money laundering and combating terrorist financing. The circular provides some answers on identification and handling of high-risk customers and politically exposed persons. Partner Matthew Barnard and trainee solicitor Brian Chen look at what the circular says and it implications |
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The regulator of Singapore's securities industry, the Monetary Authority of Singapore, has undertaken consultation with a wide range of stakeholders on proposed amendments to the principal legislation governing the securities industry - the Securities and Futures Act and the Financial Advisors Act. AAR TSMP Partners Robert Clarke and Stefanie Yuen Thio, and Senior Associate Krista Bowie, provide a brief overview of the proposed legislative amendments |
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The Singapore Exchange has warned directors and financial advisers of listed companies to pay particular attention to the interests of shareholders when assessing the commercial terms of acquisitions supported by profit guarantees. Partners Robert Clarke and Stefanie Yuen Thio, Senior Associate Ian Stewart and Lawyer Jonathan Teo report on the use of profit guarantees and the recommendations of the Singapore Exchange |
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The Hong Kong Department of Justice recently released its consultation paper and draft legislation for reforming Hong Kong's arbitration law. Partner Simon McConnell and Lawyer Kieran Humphrey discuss the background and likely impact of these reforms. |
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In light of suppressed regional share markets and below net asset value trading in the Singapore listed real estate investment trust space, Partners Robert Clarke, Stefanie Yuen Thio, and Senior Associates Ian Stewart and Andrew Emslie of AAR TSMP reflect on the current framework and highlight some of the key issues potential acquirers are likely to face |
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In January 2008, the Hong Kong Securities and Futures Commission released a consultation paper that proposes the removal of current pre-publication approval requirements on certain notices and advertisements issued by collective investment schemes. Partner Tim Manefield and Senior Associate Andrew Shiu look at what will change |
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At the ceremonial opening of the 2008 legal year, Chief Justice Andrew Li said that justice reform legislation intended to change the civil rules and procedures will be operational by April 2009. Partner Simon McConnell and Senior Associate Mun Yeow look at the proposed changes |
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Consistent with its policy on foreign collective investment schemes, the Australian Securities and Investment Commission has released a class order that provides conditional exemptions allowing some Singaporean collective investment schemes to be offered in Australia. Senior Associate Rebecca Devon and Vacation Clerk Judith Hammerschlag report |
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The National Development and Reform Commission and the Ministry of Commerce issued on 31 October 2007 a revised version of China's Foreign Investment Catalogue, which sets out the industries for which foreign investment is encouraged, restricted or prohibited. The amendments to the Catalogue took effect on 1 December 2007. Partner Nigel Papi and Senior Associates Maggie Ma and Ross Keene look at the impact of the changes on the real estate sector |
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The Shanghai Housing and Land Resources Bureau has issued a new circular on bidding for residential land that appears designed to take some of the heat out of public bidding for land. Partner Nigel Papi and Senior Associates Maggie Ma and Ross Keene comment on the new circular |
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The Thai authorities have turned their attention to the insurance industry in an ongoing campaign to reform and strengthen financial institutions. The recent suspension of a major motor vehicle insurer, Samphan, and adverse findings against a number of other insurers over capital adequacy concerns has given new impetus to reforms designed to strengthen the regulator and promote industry consolidation in readiness for more competition. |
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On Friday 28 September 2007, the Monetary Authority of Singapore released revised Property Fund Guidelines. The amendments to the Property Fund Guidelines seek to enhance the regulatory regime governing REITs in Singapore. Allens Arthur Robinson TSMP Director Stefanie Yuen Thio, Partner Robert Clarke and Lawyer Brooke Griffin look at some of the key amendments |
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More regulations to give effect to measures implemented under the Federal Government's 'Simpler Regulatory System' legislation have now been made. Partner Susan Burns and Senior Associate Justine Woodford report on the latest developments |
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The People's Republic of China Anti-Monopoly Law was passed by the Standing Committee of the National People's Congress on 30 August 2007 (having been under consideration for 13 years) and will come into force on 1 August 2008. Although anti-competitive conduct is already subject to a degree of regulation in the PRC by different agencies and under different laws, the new law sets out a broader definition of monopolistic conduct and creates a commission to oversee this area. |
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The Federal Government has finally announced new regulations enabling financial services providers to incorporate by reference some of the information required to be included in retail disclosure documents. Consultant Derek Heath and Senior Associate Justine Woodford discuss the implications of this welcome development and the other measures introduced under these regulations |
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Last year, we reported on a groundbreaking agreement signed in July 2006 by the governments of the Hong Kong Special Administrative Region and the People's Republic of China to implement laws to recognise the judgments of each other's courts. Legislative changes are now underway in Hong Kong to implement this arrangement. Partner Simon McConnell, Senior Associate Mun Yeow and Lawyer Amanda Andreazza look at the Mainland Judgments (Reciprocal Enforcement) Bill and its implications |
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On 29 June 2007, the PRC Labour Contract Law, having undergone further revision since the second draft was reviewed by the Standing Committee of the National People's Congress. The law will take effect on 1 January 2008. Partner Campbell Davidson, Senior Associate Ross Keene and Consultant Katherine Yu outline the key differences of relevance to employers in the PRC between the second draft and the final version of the law |
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The merger provisions of the Competition Act (Chapter 50B) of Singapore came into force on 1 July this year. Allens Arthur Robinson TSMP Director Stefanie Yuen Thio and Allens Arthur Robinson TSMP Partner Robert Clarke and Lawyer Brooke Nicholls look at some of the key features. |
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