Edward Tung, legal counsel for Hong Kong-based venture capital firm ORI Capital, discusses his firm's response to U.S. sanctions on Chinese companies, U.S. restrictions targeting foreign companies, artificial intelligence laws in China, and new ESG guidelines.
No Chinese companies have successfully listed overseas due to tight scrutiny from domestic regulators; A Beijing company succeeds in making a SCC filing for the cross-border transfer of data; and China announces measures to open up free trade zones in order to lure back foreign investors.
Shake Shack and Starbucks were summoned by Shanghai for excessive data collection; Hong Kong rules that trustees of keepwell trusts can gain monetary compensation for contractual breaches; and European Union firms blame regulatory hurdles and limited market access for record low investment into China.
The U.S. government is debating whether to renew the U.S.-China Science and Technology Agreement; AstraZeneca plans to break up its business in China and list it separately in Hong Kong; the Italian government applies Golden Power regulations to limit the influence of China's Sinochem on tyremaker Pirelli
China's data security laws lead to increasing costs for firms; CFIUS clarifies rules regarding the "completion date" for filing and requests for information from foreign investors; fewer firms are choosing Hong Kong for international arbitration due to the National Security Law
Chinese tech entrepreneurs are considering moving out of China in order to overcome U.S. tech restrictions; Hong Kong publishes guidelines for virtual asset operators and the licensing process; and China's proposal to impose restrictions on private securities funds causes controversy.
British firms in China are concerned about the way China introduces new regulations and the vagueness of its laws; the European Union introduces additional product safety-related requirements for businesses selling products online to domestic consumers; Hong Kong seeks to allow offerors and their concert parties to vote in a shareholders' meeting regarding a firm's privatization.
For some patent holders, the new system will present multiple benefits. But others are likely to be leery of the power that the Unified Patent Court wields to nullify patents across multiple jurisdictions.
Shipping firms are demanding their Chinese counterparts include break clauses in contracts over concerns about sanctions; Florida and Montana have introduced laws restricting Chinese nationals from owning land; and China is investing in training and research of blockchain technology despite its harsh cryptocurrency crackdown;.
Speculation is growing about the potential extent of U.S. and China decoupling, which brings increased costs and regulatory restrictions. Thinking creatively about supply chain solutions, including building overseas factories local to the end consumer, may mitigate those effects, write Scott Yu and Frank Jiang of Zhong Lun Law Firm
