40 41 Welcome to the ALB Guide to the Greater Bay Area 2024. In the throbbing heart of economic dynamism, the Greater Bay Area stands as a testament to innovation, connectivity, and growth. As legal practitioners, business leaders, and stakeholders immerse themselves in this multifaceted region, our guide serves as a compass, providing insights and expertise across seven essential chapters. In Chapter 1, we explore the compliance system of private enterprises through a case analysis. It intricately navigates diverse dimensions, encompassing the reshaping of corporate governance structures, the establishment of sophisticated compliance organizational frameworks, and the meticulous construction of robust institutional systems. This meticulous examination serves as an exhaustive reference, offering businesses a sophisticated blueprint to construct a stalwart and dependable compliance foundation amidst the intricacies of contemporary business landscapes. Chapter 2 delves into the intricate landscape of Data Compliance, where the digital era has reshaped the operational fabric of businesses, presenting myriad challenges in data governance and privacy. Our contributors, experts in their fields, adeptly unravel the complexities of navigating data compliance frameworks. From regulatory nuances to the critical imperative of robust risk management, this chapter stands as a guiding beacon for businesses aiming to responsibly harness the power of data. EDITOR’S NOTE Moving forward to Chapter 3, we shift our focus to effective dispute resolution strategies, exploring recent developments in Hong Kong’s legal landscape driven by the Central People’s Government’s strategy outlined in the National 14th Five-Year Plan. The section underscores Hong Kong’s efforts to fortify its global legal hub status, in harmony with the Central People’s Government’s vision, and addresses the evolving regional dispute resolution dynamics shaped by the Greater Bay Area development. In Chapter 4, we examine the complexities of litigation, with a specific focus on navigating legal nuances related to actions that may not strictly fit the legal definition of ‘investment.’ The chapter underscores the need for lawyers to discern these nuances, accurately assess relationships, and determine fund nature in scenarios such as equity acquisition, capital increase, and borrowing for project investment by civil and commercial entities. Emphasizing the distinct legal relationships arising from these actions, the chapter advocates for a nuanced approach, steering clear of broad and indiscriminate application of general legal concepts. In Chapter 5 of Intellectual Property, we examine how the court evaluates contested trademarks, focusing on factors like usage patterns, frequency, promotional scope, and industry practices. The evidence in this case is considered symbolic rather than substantial proof of actual trademark usage in the legal sense. The chapter also analyzes strategies for enterprises facing a three-year non-use revocation application by third parties, considering aspects such as trademark usage, frequency, promotional reach, industry conventions, and other relevant factors. Unfolding in the realm of International Investment, Chapter 6 explores the impact of the ‘One Country, Two Systems’ policy and relevant laws on investors from Hong Kong and Macau participating in mainland China investments. Despite notable alignment in organizational structures since the implementation of the Foreign Investment Law in 2020, factors such as industry encouragement, taxation, fund connectivity, and dispute resolution persist as pivotal influencers shaping cross-border investment decisions. In the concluding section of our guide, we address challenges tied to the retirement age for female workers in China, influenced by a job-based differentiated system. Disputes, especially regarding female workers in varied roles, are common. The evolving legal framework shifts from identity to job position determination, with agreements on position nature distinguishing managerial and non-managerial roles. The ALB team extends its heartfelt gratitude to the insightful contributors whose expertise enriches the pages of this guide. Whether you are a legal professional, a business leader, or an enthusiast eager to grasp the legal nuances of the Greater Bay Area, the ALB Guide serves as your companion in navigating this dynamic landscape. Ranajit Dam Managing Editor, Legal Media Group Thomson Reuters
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