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No 65 March 2012 Lexisnexis (A Division of Reed Elsevier (Greater China) Ltd) No 65 March 2012 LexisNexis (a division of Reed Elsevier (Greater China) Ltd) Publisher Adam Jordan IPBA JOURNAL Editor The Official Publication of the Inter-Pacific Bar Association Wilda Fong Editorial No 65 March 2012 CY Mak Design Zoe Yau IPBA News Advertising Sales 4 The President’s Message Jennifer Luk 5 The Secretary-General’s Message Tel: 852-2965-1432 Fax: 852-2976-0840 6 The IPBA 22nd Annual Meeting and Conference Email: [email protected] 8 IPBA Event Calendar 9 IPBA Moderators’ Highlights from the Conference An imprint of LexisNexis Legal Update (a division of Reed Elsevier (Greater China) Ltd) 16 The Best Paper Prize Winner 3901, 39/F, Hopewell Centre, ‘What’s in a Name’… John Doe Arrives in India 183 Queen’s Road East, The winning article of the 2nd Annual Best Paper Prize Program examines the Hong Kong origins of the John Doe order, also known as a ‘rolling’ Anton Piller order, and Tel: 852-2965-1400 considers the various approaches used by different jurisdictions in using these Fax: 852-2976-0840 orders as a means of enforcing intellectual property rights. This article then analyzes the usage of John Doe orders and further initiatives taken by the Indian Courts Internet: www.lexisnexis.com.hk 26 The Gambling Business in Vietnam: What can Foreign Email address: Investors Expect? [email protected] Vietnam is poised to become a major destination for gambling business investors. However, under Vietnamese law, gambling is discouraged. This article examines the ISSN 1469-6495 pros and cons to opening the casino business in Vietnam and the uncertainty that exists in the country’s gambling regulations IPBA Journal is the official journal of the Inter-Pacific Bar Association. 31 Financial Responsibility for Non-financial Directors Copyright in all material published in In a recent Federal Court of Australia decision, non-financial directors are now required to actively survey financial information provided by management and the journal is retained by the IPBA. assess the implications of such information with a ‘questioning’ mind. This article No part of this journal may be discusses the global trend of increasing corporate board diversity, in relation to reproduced or transmitted in any (minimum) statutory obligations that board directors have with respect to reviewing form or by any means, including and signing off financial statements recording and photocopying without the written permission of the copyright 36 Doing Business in the Philippines: Capital (Re) Defined and Analyzed holder, application for which should The Philippine Supreme Court’s interpretation of the term ‘capital’ decision in be addressed to the IPBA. Written Gamboa v Teves has far-reaching implications to the national economy and to permission must also be obtained before future generations of Filipinos. This article examines the jurisprudence behind the any part of this publication is stored decision and its effect on foreigners doing business in the Philippines in a retrieval system of any nature. The journal does not accept liability for 41 The New Brazilian Labour Law: Providing Clarity to Remote Workers? any views, opinions, or advice given in The amendment to Brazil’s Labour Law seeks to cover employees who render the journal. Further, the contents of services to the employer remotely. This article argues that the amendment merely the journal do not necessarily reflect clarifies the scope of the employment relationship as it relates to remote work and the views or opinions of the publisher the need for employers to review remote employee job duties and responsibilities to avoid overtime liability and no liability is accepted in relation thereto. 44 Is this the End of Banking Secrecy? Single back issues: HK$280 (US$36) The Foreign Account Tax Compliance has given rise to many complications for those in the global financial community. This article examines how compliance is To order back issues in direct conflict with the Brazilian Constitution, namely the rights to privacy and call +852 2965 1407 or private data protection email [email protected] 46 Members’ Notes IPBA Leadership (2012–2013 Term) Officers Malaysia: Dhinesh Bhaskaran Cross-Border Investment President Shearn Delamore & Co, Kuala Lumpur Yong-Jae Chang Lalit Bhasin Lee & Ko, Seoul Bhasin & Co, Advocates, New Delhi New Zealand: Neil Russ Buddle Findlay, Auckland Jose Cochingyan III President-Elect Cochingyan & Peralta Law Offices, Makati City Pakistan: Badaruddin Vellani Young-Moo Shin Dispute Resolution and Arbitration Shin & Kim, Seoul Vellani & Vellani, Karachi Mohanadass Kanagasabai Mohanadass Partnership, Kuala Lumpur Vice President Philippines: Aleli Angela G. Quirino William A Scott Angara Abello Concepcion Regala & Cruz Stikeman Elliott LLP, Toronto Juliet Blanch (ACCRALAW), Makati City Weil, Gotshal & Manges, London Secretary-General Singapore: Vi Ming Lok Alan S Fujimoto Employment and Immigration Law Rodyk & Davidson, Singapore Goodsill Anderson Quinn & Stifel, Honolulu Fiona Loughrey Simmons & Simmons, Hong Kong Deputy Secretary-General Switzerland: Hanspeter Wüstiner Wai Ming Yap Wyler Wolf Nötzli Wüstiner Rechtsanwälte, Energy and Natural Resources Stamford Law Corporation, Singapore Zurich Robert Kwauk Blake, Cassels & Graydon LLP, Beijing Program Coordinator Thailand: Anuphan Kitnitchiva Christopher To Dherakupt International Law Office, Ltd, Environmental Law Agustina Supriyani Kardono Construction Industry Council, Hong Kong Bangkok Soewito Suhardiman Eddmurthy Kardono, Jakarta Deputy Program Coordinator UK: Roger Best Allan Leung Insolvency Clifford Chance LLP, London Hogan Lovells, Hong Kong Byung-Joo Lee Shin & Kim, Seoul Committee Coordinator USA: Ken Stuart Ada Ko Becker, Glynn Melamed & Muffly LLP, New York Insurance Garvey Schubert Barer, Seattle Angus Rodger Steptoe & Johnson, London Deputy Committee Coordinator At-Large Council Members Intellectual Property Sylvette Tankiang China: Yunchuan Jing Villaraza Cruz Marcelo & Angangco, Taguig Juan Carlos Marquez Beijing Gaotong Law Firm, Beijing Stites & Harbison, PLLC, Alexandria Membership Committee Chair Suresh Divyanathan Hawaii & South Pacific Islands: Mark Shklov International Construction Projects Messrs Oon and Bazul LLC, Singapore Shklov & Wong, LLP, Honolulu Keith Phillips Watt, Tieder, Hoffar & Fitzgerald, LLP, McLean Membership Committee Vice-Chair India: Sumeet Kachwaha Mitsuru Claire Chino Kachwaha & Partners, New Delhi International Trade Itochu Corporation, Tokyo Jeffrey Snyder Latin America: Shin Jae Kim Crowell Moring LLP, Washington, DC Publications Committee Chair TozziniFreire Advogados, São Paulo Caroline Berube Rafael Vergara HJM Asia Law & Co LLC, Guangzhou Osaka: Hiroe Toyoshima Carey y Cia, Santiago Nakamoto Partners, Osaka Publications Committee Vice-Chair Legal Practice Maxine Chiang Satoshi Moriguchi Webmaster: TBD Lee, Tsai & Partners, Taipei Nagashima Ohno & Tsunematsu, Tokyo Hee-Chul Kang Jurisdictional Council Members Regional Coordinators Yulchon, Seoul Asia-Pacific: John West Australia: Bruce Lloyd Barrister at Law, Sydney Maritime Law Clayton Utz, Sydney Timothy Elsworth Europe: Jean-Claude Beaujour Stephenson Harwood, Singapore Canada: Robert Wai Quon Smith Violet, Paris Fasken, Martineau DuMoulin LLP, Vancouver Scholarship Varya Simpson North America: Cedric Chao China: Audrey Chen San Francisco Morrison & Foerster LLP, San Francisco Jun He Law Offices, Beijing Tax Law Sri Lanka and Bangladesh: Mahinda Haradasa France: Patrick Vovan Michael Butler Varners, Colombo Vovan & Associes, Paris Finlaysons, Adelaide Technology and Communications Germany: Gerhard Wegen Edgar Chen Gleiss Lutz, Stuttgart Committee Chairpersons Tsar & Tsai Law Firm, Taipei Aviation Law Hong Kong: Annie Tsoi TBD Women Business Lawyers Deacons, Hong Kong Priti Suri Banking, Finance and Securities PSA, Legal Counsellors, New Delhi Hajime Ueno India: Praveen Agarwal Nishimura & Asahi, Tokyo Agarwal Jetley & Company, New Delhi Competition Law Committee Vice-Chairpersons Indonesia: Nini N Halim Harumichi Uchida Aviation Law Hutabarat Halim & Rekan, Jakarta Mori Hamada & Matsumoto, Tokyo Kala Anandarajah, Rajah & Tann, Singapore Scott D Cunningham, Condon & Forsyth LLP, Japan: Ryosuke Ito Corporate Counsel Los Angeles TMI Associates, Tokyo Anne Durez Total SA, Paris Banking, Finance and Securities Korea: Chang-Rok Woo Mee-Hyon Lee, Lee & Ko, Seoul Yulchon, Seoul Robert Postema, Piper Alderman, Sydney Kazuto Yamamoto, Daiichi Law Office, PC, Gerold W Libby (2008-2009) Jan Peeters, Stibbe, Brussels Osaka Zuber & Taillieu LLP, Los Angeles Mona Bhide, Dave & Girish & Co, Mumbai Jaime Castillo, Calderon y De La Sierra y Cia, SC, Mexico Zongze Gao (2007-2008) Competition Law Daniel Ying Sin Lim, Stamford Law Corporation, King & Wood Law Firm, Beijing H Stephen Harris Jr, Baker & McKenzie LLP, Singapore Washington, DC Jaime Chang, Lee, Tsai & Partners Attorneys-at- James McH FitzSimons (2006-2007) Shawn CD Neylan, Stikeman Elliott, Toronto Law, Taipei Clayton Utz, Sydney Shigeyoshi Ezaki, Anderson Mori & Tomotsune, Tokyo International Construction Projects Felix O Soebagjo (2005-2006) Anand Pathak, P&A Law Offices, New Delhi Nusrat Hassan, DH Law Associates, Advocates & Soebagjo, Jatim, Djarot, Jakarta Solicitors, Mumbai Corporate Counsel Sang-Kyu Rhi (2004-2005) Grant Tao, Nokia Siemens Networks (China) Ltd, International Trade Rhi & Partners, Seoul Beijing Jong Ku Kang, Bae, Kim & Lee LLP, Seoul Aseem Chawla, Amarchand & Mangaldas & Takamiki Nishikawa, Ralph Lauren KK, Tokyo Suresh A Shroff & Co, New
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