Meet the Co-chairs - TAG-SP
Scopelitis, Garvin, Light, Hanson & Feary, P.C
International Trade and Customs
Author: Susan Kohn Ross; Mitchell Silberberg & Knupp LLP (Los Angeles, California, USA)
There is a general understanding that the Fifth Amendment to the U.S. Constitution gives a person the right not to incriminate him- or herself, and that understanding comes, in large measure, from movies and television programs showing police officers reading suspects their Miranda rights. What gets lost in the drama of these shows is that that right is not absolute. It only attaches when one is a suspect and does not apply to corporations, only individuals.
Contact: By Susan Kohn Ross; Mitchell Silberberg & Knupp LLP (Los Angeles, California, USA)
The Trade Descriptions (Unfair Trade Practices) (Amendment) Ordinance (the “Amendment Ordinance”) will come into force in around mid-2013. Key changes of the Amendment Ordinance include widening of the definition of “trade description” to prohibit false trade descriptions to services as previously; the trade description was only applicable to goods. The Amendment Ordinance also introduces new unfair trade practices and enforcement mechanisms.
The Draft Enforcement Guidelines (the “Guidelines”), jointly issued by the Customs & Excise Department and the Communications Authority (either of them as the “Enforcement Agency”), shed light on what activities may be caught under the new law and how enforcement measures will be taken. The Guidelines are not to be regarded as laws or subsidiary regulations, and are currently under consultation until 17th March 2013.
The Amendment Ordinance sets out a number of new offences, which will apply to trades with end consumers, i.e. business-to-business trading is not covered. The offences shall apply even if the end consumer is not in Hong Kong, and will thus be applicable to online trades where trader is in Hong Kong or where Hong Kong is the trader’s usual place of business. Services rendered by certain registered professionals such as lawyers or doctors, are specifically excluded.
Contact: Att. Berna Aşık Zibel; Erdem & Erdem (Turkey)
Turkish Commercial Code No. 6102 (“TCC”) regulates the principles regarding group companies under Articles 195 to 209 for the first time in Turkish law. These provisions set forth the definition of the group, impose registration, notification, reporting and auditing obligations to group companies, determine the liabilities and sanctions regarding the abuse of dominance and establish rules on some special situations.
The Trade Registry Regulation (“TRR”), published in the Official Gazette dated 27 January 2013 and numbered 28541, entered into force within the scope of secondary legislation regarding the TCC with respect to the trade registry. The TRR also sets forth regulations on group companies.
Contact: Prof. Dr. H. Ercument Erdem;
Erdem & Erdem(Turkey)