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Zeitschriftenartikel zum Thema "Disclosure of information Law and legislation Australia"
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Hamin, Zaiton. „Recent changes to the AML/CFT law in Malaysia“. Journal of Money Laundering Control 20, Nr. 1 (03.01.2017): 5–14. http://dx.doi.org/10.1108/jmlc-04-2015-0013.
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Purpose The aim of this paper is to examine some of the recent changes to the old anti-money laundering and anti-terrorism financing law, which is now known as the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. The paper will highlight the newly consolidated money laundering offences and the newly created offences including structuring of transactions or “smurfing”. Also, the transgression of cross-border movement of cash and negotiable instruments and tipping off about a money laundering disclosure will be assessed. Design/methodology/approach The paper uses a doctrinal legal research and secondary data, with the new AML/CFT legislation as the primary source. For comparative analysis, legislations in the UK, Australia and New Zealand are also examined. Secondary sources include case law, articles in academic journals, books and online databases. Findings The review of the AML/CFT law is timely and indicates the Malaysian government’s efforts to adhere to international standards set by the financial action task force. However, it is imperative that the Malaysian government addresses the remaining instrumental and normative deficiencies in the AML/CFT law to ensure that the recent legal changes are sufficiently comprehensive to prevent and regulate money laundering and terrorist financing within Malaysia. Originality/value This paper is a useful source of information for legal practitioners, academicians, law enforcement, policymakers, legislators, researchers and students.
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Kucherenko, Oleksii. „FRANCHISING AGREEMENT UNDER THE LEGISLATION OF FOREIGN COUNTRIES“. Scientific Notes Series Law 1, Nr. 9 (2020): 33–37. http://dx.doi.org/10.36550/2522-9230-2020-1-9-33-37.
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The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).
3
Bartlett, Francesca, und Linda Haller. „Disclosing Lawyers: Questioning Law and Process in the Admission of Australian Lawyers“. Federal Law Review 41, Nr. 2 (Juni 2013): 227–63. http://dx.doi.org/10.22145/flr.41.2.2.
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Australian lawyers are assessed and admitted to practise at a state and territory level. An important part of that assessment is an applicant's ‘suitability’ for professional practise; also referred to as the ‘character test’ of personal morality. This test requires applicants for admission to disclose relevant information about themselves including past conduct and (in at least one state) mental health status. Very little information about the process of admission is available. Around the country, we do not know how the character test is currently administered, how many applicants reveal past conduct, and how many are refused admission. This article focuses on the three largest jurisdictions of New South Wales, Victoria and Queensland. It traces their varying approaches to admission; from legislative provision, court interpretation to administrative approach. It also examines some rare data about disclosure patterns on applying for admission. The resulting analysis raises concerns about a range of matters relating to admission to legal practice in Australia. It is argued that the secrecy of process is unjustified; and there is lack of confidentiality, certainty, and possibly fairness, ensured for applicants, particularly where issues of mental health arise. Finally, it is argued that there is a great difference in law and process between the states considered. While the ostensible goal of protection of the public is the same, the approach is far from that.
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Ireland-Piper, Danielle, und Jonathan Crowe. „Whistleblowing, National Security and the Constitutional Freedom of Political Communication“. Federal Law Review 46, Nr. 3 (September 2018): 341–65. http://dx.doi.org/10.1177/0067205x1804600301.
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Whistleblowers promote the values of responsible government and the rule of law by drawing attention to criminal or other forms of wrongdoing in publicly accountable organisations. This article explores the relationship between whistleblowing, national security and the implied freedom of political communication under the Australian Constitution. Legislation such as the Crimes Act 1914 (Cth) (‘ Crimes Act’), the Australian Security Intelligence Organisation Act 1979 (Cth) (‘ ASIO Act’) and the Australian Border Force Act 2015 (Cth) (‘ Border Force Act’) makes it an offence to reveal certain types of information obtained as a Commonwealth officer. The Public Interest Disclosure Act 2013 (Cth) (‘ PIDA’) offers limited protection to whistleblowers in the Commonwealth public sector, but this protection does not extend to information relating to intelligence operations. We argue that blanket criminalisation of unauthorised disclosure by Commonwealth officers or contractors under s 70 of the Crimes Act, along with similar prohibitions in s 35P of the ASIO Act and s 42 of the Border Force Act, offend the implied freedom of political communication by failing to strike an adequate balance between national security and organisational secrecy, on the one hand, and public debate and discussion, on the other. The courts should read down these laws to protect disclosures that hold significant public interest for discussion and debate over government policy or the performance of government officials.
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Stoop, Philip N., und Chrizell Churr. „Unpacking the Right to Plain and Understandable Language in the Consumer Protection Act 68 of 2008“. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, Nr. 5 (17.05.2017): 514. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2447.
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The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and generally aim at ensuring transparency. Transparency in relation to the terms of a contract relates to whether the terms of the contract terms accessible, in clear language, well-structured, and cross-referenced, with prominence being given to terms that are detrimental to the consumer or because they grant important rights. One measure in the Act aimed at addressing procedural fairness is the right to plain and understandable language. The consumer’s right to being given information in plain and understandable language, as it is expressed in section 22, is embedded under the umbrella right of information and disclosure in the Act. Section 22 requires that notices, documents or visual representations that are required in terms of the Act or other law are to be provided in plain and understandable language as well as in the prescribed form, where such a prescription exists. In the analysis of the concept “plain and understandable language” the following aspects are considered in this article: the development of plain language measures in Australia and the United Kingdom; the structure and purpose of section 22; the documents that must be in plain language; the definition of plain language; the use of official languages in consumer contracts; and plain language guidelines (based on the law of the states of Pennsylvania and Connecticut in the United States of America).
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McDonald, Margaret. „Developments in Adoption Information Legislation in Australia“. Adoption & Fostering 16, Nr. 3 (Oktober 1992): 38–42. http://dx.doi.org/10.1177/030857599201600311.
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The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.
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Беляева, Ольга, und Olga Byelyayeva. „Contract System: Main Problems of Law Enforcement and Ways of their Overcoming“. Journal of Russian Law 3, Nr. 7 (25.06.2015): 0. http://dx.doi.org/10.12737/11741.
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The author analyzes institutional and practical shortcomings of the Law on contract system, in particular, legal status of pseudo-customers, examination, information disclosure, warranty obligations, the Blacklist of suppliers. The author draws the conclusion on uselessness of tightening the legislation in relation to public procurement. The author considers “conditional application of the law” to be unacceptable: the applicable law is chosen depending on the background of the origin of money. The author suggests cancellation of the institute of examining contract performance results; and establishment of accurate differentiation of contractual and post-contractual obligations. The article notes truncated application of information disclosure norms and bad regulation of the Blacklist of suppliers. The author arrives at the conclusion of uselessness of tightening the legislation in relation to procurements.
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Ainsworth, Frank, und Patricia Hansen. „Confidentiality in child protection cases Who benefits?“ Children Australia 35, Nr. 3 (2010): 11–17. http://dx.doi.org/10.1017/s1035077200001127.
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Child protection legislation in every Australian state and territory prohibits the disclosure of the identity of a person who acts as a mandatory reporter. There is also provision in most child protection legislation that prevents the naming of children and families in protection cases. It is argued that disclosure is not in the interests of the child, the family or the general public. Children's Court proceedings in most states and territories in Australia are closed to the public so that, unlike in most other jurisdictions, interested parties are not able to observe the proceedings. Child protection authorities also have considerable power to collect information about children and families from many sources. This power to obtain information is compounded by legislation which removes confidentiality provisions from professional codes of ethics. Furthermore, the rules of evidence do not ordinarily apply in the Children's Court. This article uses New South Wales as the exemplar state and raises questions about all of these issues.
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Beck, Luke. „Fair Enough? That National Security Information (Criminal and Civil Proceedings) Act 2004“. Deakin Law Review 16, Nr. 2 (01.12.2011): 405. http://dx.doi.org/10.21153/dlr2011vol16no2art108.
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The need to combat terrorism has resulted in a need for changes to the legal process to take account of the realities of national security. One important change has been the introduction of legislation to govern the disclosure of national security-sensitive information to participants in legal proceedings. This, of course, raises a number of issues including concerns about ensuring fairness to the participants. This article considers whether the National Security Information (Criminal and Civil Proceedings) Act 2004 is consistent with the right to a fair trial found in the International Covenant on Civil and Political Rights to which Australia is a party. The conclusion is that the legislation is consistent with that right.
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Fedorova, E. A., Yu I. Grishchenko, A. V. Grishchenko und P. A. Drogovoz. „Evaluation of information disclosure in annual reports of extractive industry companies“. Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, Nr. 4 (2021): 172–76. http://dx.doi.org/10.33271/nvngu/2021-4/172.
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Purpose. To assess how public annual reports of Russian extractive industry issuers comply with the requirements for disclosure of information. To examine how the introduction of Corporate Governance Code affects the level of information disclosure in extractive industries. Methodology. The paper presents the dictionary compiled by the authors using text analysis. The dictionary contains 186 terms which are to be disclosed in compliance with the requirements of Russian law. To evaluate the level of information disclosure in annual reports of extractive industry issuers, the authors calculate mandatory disclosure index. Findings. In this work, based on the standards for disclosing non-financial information in public annual reports of issuers, the following results were obtained: 1. On the basis of regulatory enactments, key terms are identified that are subject to mandatory disclosure in the annual report of the issuer. 2. A methodology is developed for assessing the level of disclosure of non-financial information on the selected blocks based on textual analysis. 3. Assessment of information disclosure in the public annual reports of mining companies in accordance with the legislation of the Russian Federation was carried out. The rating of information disclosure has been built. Originality. The authors are the first to assess mandatory disclosure in 120 public annual reports of 12 largest extractive industry companies whose shares were traded in Moscow Exchange from 2009 to 2018. On the basis of regulatory enactments, key terms are identified that are subject to mandatory disclosure in the annual report of the issuer. A methodology is developed for assessing the level of disclosure of non-financial information on the selected blocks based on textual analysis. The assessment of information disclosure in the public annual reports of mining companies in accordance with the legislation of the Russian Federation was carried out. Practical value. The created library in Package R enables to evaluate disclosure of information in public annual reports for any period.
Dissertationen zum Thema "Disclosure of information Law and legislation Australia"
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Golding, Greg. „The reform of misstatement liability in Australia's laws“. Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.
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Cupido, Robin Vicky. „Misrepresentation by non-disclosure in South African law“. Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80261.
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Thesis (LLM)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: This thesis investigates the approach to non-disclosure as a form of misrepresentation in South African law. The primary focus is the question of liability, and whether parties should be able to claim relief based on non-disclosure. In order to determine this, attention is also paid to the standards which have traditionally been employed in cases of non-disclosure, and it is questioned whether a general test can be formulated which could be used in all such instances. The point of departure in this discussion is a general historical and comparative overview of the law relating to non-disclosure. This overview places the position in modern South African law in context, and highlights some of the similarities between our current position regarding non-disclosure and the position in other jurisdictions. The overview also sets out the provisions relating to non-disclosure in international legal instruments, which could be of use in interpreting concepts used in our law. The study then shifts to an exploration of the specific situations, such as the conclusion of insurance agreements, or agreements of sale involving latent defects, where South African law automatically imposes a duty of disclosure. These instances are the exception to the general rule against imposing duties of disclosure on contracting parties. The study reveals that certain principles are applied in more than one of these exceptional cases, and attention is paid to each in order to determine which principles are most prevalent. It is suggested that the nature of the relationship between the parties is the underlying reason for always imposing duties of disclosure in these circumstances. Attention is then paid to the judicial development of the law relating to non-disclosure, specifically in those cases which fall outside the recognised special cases referred to above. The remedies available to a party when they have been wronged by another’s non-disclosure are identified and investigated here, namely rescission and damages. A distinction is drawn between the treatment of non-disclosure in the contractual sphere and the approach taken in the law of delict. The different requirements for each remedy are explored and evaluated. A detailed examination of the key judgments relating to non-disclosure shows us that the judiciary apply similar principles to those identified in the discussion of the exceptional instances when deciding to impose liability based on non-disclosure. Reliance is also placed on the standards set out in the earlier historical and comparative discussion. The most prevalent of these standards are the nature of the relationship between the parties and the good faith principle. It is then considered whether all of these principles and elements could be used in order to distill one general standard that could be used to determine whether non-disclosure could give rise to relief. The conclusion is drawn that it may not be advisable to adopt such a standard, and that the seemingly fragmented treatment of non-disclosure in South African law thus far has enabled its development and will continue to do so. A number of key considerations have been identified as possible standards, and these considerations can be applied by the judiciary on a case by case basis.
AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek wanvoorstelling deur stilswye in die Suid-Afrikaanse kontraktereg. Die primêre fokus is op wanneer stilswye aanleiding gee tot aanspreeklikheid, en watter remedies daaruit voortvloei. Om dit vas te stel, word aandag geskenk aan die standaarde wat tradisioneel gebruik word in gevalle van stilswye, en word veral bevraagteken of 'n algemene toets formuleer kan word wat in al sulke gevalle toepassing sou kon vind. Die ondersoek begin met ‘n algemene historiese en regsvergelykende oorsig, wat die konteks verskaf vir die analise van die posisie in die moderne Suid-Afrikaanse reg, en ooreenkomste tussen hierdie posisie en die benadering in ander jurisdiksies na vore bring. Die bepalings van sekere internasionale regsinstrumente wat spesifiek met stilswye handel, word ook ondersoek om te bepaal hulle van nut kan wees by die uitleg van konsepte wat in die Suid- Afrikaanse reg gebruik word. Die fokus van die studie verskuif dan na spesifieke, uitsonderlike gevalle waar die Suid- Afrikaanse reg outomaties ‘n openbaringsplig tussen partye erken. Prominente voorbeelde is versekeringskontrakte en koopkontrakte waar die merx ‘n verborge gebrek het. Hierdie gevalle is uitsonderings op die algemene reël dat kontrakspartye nie openbaringspligte het nie. Dit kom voor dat sekere gemeenskaplike beginsels van toepassing is in sekere van die uitsonderingsgevalle, en dit word ondersoek hoekom hierdie beginsels gereeld na vore tree. Dit word ook voorgestel dat die aard van die verhouding tussen die partye die onderliggende rede is waarom ons reg openbaringspligte in hierdie spesifieke omstandighede oplê. Aandag word dan geskenk aan die regterlike ontwikkeling van die regsposisie ten opsigte van stilswye in gevalle wat nie by een van die bogenoemde erkende uitsonderings tuisgebring kan word nie. Die remedies beskikbaar aan partye wanneer hulle deur ‘n ander se stilswye benadeel is, word hier geïdentifiseer en ondersoek. Hierdie remedies is die kontraktuele remedie van aanvegting (moontlik gevolg deur teruggawe) en die deliktuele remedie van skadevergoeding. ‘n Onderskeid word ook getref tussen die hantering van stilswye in die kontraktereg en die benadering wat in die deliktereg gevolg word. Aan die hand van hierdie onderskeid word die vereistes vir albei remedies bepreek. Die belangrikste uitsprake van die howe in gevalle wat nie by die spesifieke, uitsonderlike kategorieë tuisgebring kan word nie, word dan oorweeg. Dit is duidelik dat die howe in die konteks van hierdie residuele gevalle soortgelyke beginsels geïdentifiseer het as dié wat voorgekom het by gevalle soos versekering en koop. Uit hierdie uitsprake blyk dit ook duidelik dat die howe ag slaan op soortgelyke standaarde as dié wat in die historiese en vergelykende oorsig na vore getree het. In dié verband is die aard van die partye se verhouding en die goeie trou beginsel veral prominent. Ten slotte word oorweeg of die beginsels en elemente wat hierbo geïdentifiseer is, gebruik kan word om ‘n algemene standaard te ontwikkel wat gebruik sal kan word om te bepaal of ʼn openbaringsplig ontstaan. Die gevolgtrekking word bereik dat so ‘n algemene standaard nie noodwendig die beste oplossing is nie. Die oënskynlik gefragmenteerde hantering van stilswye in die Suid-Afrikaanse het tot dusver tog regsontwikkeling bevorder, en sal waarskynlik ook voortgaan om dit te doen. ʼn Aantal kernoorwegings kan wel geïdentifiseer word, wat dan sou kon dien as moontlike standaarde wat regsontwikkeling verder sou kon bevorder, en wat deur die howe toegepas sou kon word na gelang van die spesifieke omstandighede van elke saak.
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Lehmann, Caron Mary. „An evaluation of the time frame of the disclosure process in the evidence of 97 child witnesses in cases in the Belville sexual offences court“. Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1279.
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When children are sexually abused it usually takes place in concealment. This means that unless the child reveals the abuse, it will remain hidden. This study commences with an examination of the reasons as to why a child may delay the disclosure of sexual abuse. The result of research indicates that there are certain recognisable reasons, which are frequently encountered, as to why a child may either delay telling anyone about his or her experience or as to why s/he may never tell anyone. Traditional assumptions of what are considered normal reactions to sexual abuse are tested. The discussion then moves on to considering the approach of the South African courts in regard to evaluating the manner and timing of a child’s revelations, as well as to considering the impact which a delay may have on the acceptance of that child’s evidence. Intrinsic to this analysis is the progress made in our courts, and by the legislature, in recognising factors that influence a child to either blurt out the information immediately or conceal it for a period of time. Thereafter, the testimony of 97 child victims of sexual abuse is analysed with a view to determining whether these children fit the profiles raised in research on the subject and described in some of the case law. The rate of attrition in cases of sexual offences against children is considered as well as the role that cross-examination plays in either enhancing or reducing a child’s ability to accurately describe an acceptable motivation for the delay in disclosure. The study concludes with a discussion of how well child victims are served in a legal environment designed to provide a forum for eliciting the truth from a child witness. The use of intermediaries and the impact of cross-examination is discussed as well as the ability of judicial officers to adjudicate in matters requiring highly specialized knowledge and experience.
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Lin, Devin Sen, und 林森. „Regulation of sales descriptions and information disclosure in off-plan sales in Hong Kong“. Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B50491283.
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廖志漢. „論澳門保密制度的刑事立法保護及其完善“. Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2537980.
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錢程. „中國海上保險法中告知義務與英美法系最大誠信原則下相關內容之比較“. Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1643664.
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Honigsberg, Colleen Theresa. „The Surprising Benefits of Mandatory Hedge Fund Disclosure“. Thesis, 2016. https://doi.org/10.7916/D83T9HFP.
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Regulators have long disagreed whether regulation would reduce hedge funds’ financial misreporting. On the one hand, critics have stated that hedge funds are unlikely to misreport because their investors are highly sophisticated financial players who can detect and deter financial misconduct. On the other hand, recent changes in the composition of hedge funds’ investors have led many to question this argument. In this paper, I test whether hedge fund regulation reduces misreporting by using a quasi-natural experiment in which a subset of hedge funds was regulated, deregulated, and then regulated again. Unique features of the setting permit me to study not only whether hedge fund regulation reduces financial misreporting—but, if so, why the regulation reduces misreporting. The results show that regulation reduces misreporting at hedge funds and that the imposition of disclosure requirements, even without other concurrent changes in regulation, can reduce hedge funds’ misreporting. The result seems surprising, because hedge funds’ investors are commonly thought to have access to far more information than is required by disclosure rules. Further inquiries suggest that disclosure requirements led funds to make changes in their internal governance, and that these changes in governance induced funds to report their financial performance more honestly and accurately.
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Bagwandeen, Lynelle. „A critical analysis of the role of disclosure in strengthening corporate governance and accountability“. Thesis, 2010. http://hdl.handle.net/10413/5565.
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This dissertation critically analyses the role of disclosure in strengthening corporate
governance and accountability to determine whether a prescriptive system of disclosure is
of greater efficacy than a voluntary regime. The research undertaken has been done on a
qualitative and theory building basis. The purpose of the study is to examine how current
and future legal reform can curb corporate governance shortcomings and contribute to a
new more dependable mode of corporate governance.
This requires a comparative analysis of the South African and English models which are
voluntary ('comply or explain') regimes compared to the prescriptive American model of
corporate governance ('comply or else'). The foundational basis, definition and
jurisdictional evolution of corporate governance is examined and analysed to ascertain
the role of disclosure in relation to good governance. To facilitate this investigation a
critical review of the legislative framework and reforms enacted locally (and offshore
where applicable) is also undertaken.
Disclosure as a concept is probed in terms of both a mandatory disclosure and voluntary
disclosure regime to determine the more prudent mode of dissemination and how it
impacts the efficacy of corporate governance and accountability.
To ensure a holistic VIew of the role of disclosure is comprehensively critiqued its
influence on corporate social responsibility is embarked upon. It is contextualized against
the shareholder (contractarian) theory of governance versus that of the stakeholder
(communitarian) theory of governance. This will involve a study of the competing
requirements of disclosure in terms of these two theories and its impact on securing
accountability.
The tenuous relationship between shareholders and directors is considered to determine
whether corporate governance regimes safeguard shareholder rights and how these
measures contribute to strengthening governance. The codified role of directors in enhancing disclosure to shareholders is also undertaken. To exatrune the interplay
between these concepts corporate governance failures are dissected to determine the
shortcomings of disclosure practice.
The recommendation of this dissertation is that a mandatory disclosure regime is of
greater efficacy in strengthening corporate governance and accountability but to remedy
recurring corporate governance shortcomings a disclosure regime that is holistic and
principles based is required. It should also be supported by a dedicated and empowered
regulatory system with sufficient penal measures to curb fraudulent behaviour but
sufficient flexibility so as not to curtail industrial fortitude.Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2010.
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„Market supervision by Hong Kong regulators on disclosure of interests and insider dealing“. 1999. http://library.cuhk.edu.hk/record=b5889471.
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by Hui Lok Yee Connie.Thesis (M.B.A.)--Chinese University of Hong Kong, 1999.
Includes bibliographical references (leaves 92-95).
ABSTRACT --- p.iv
ACKNOWLEDGEMENT --- p.v
TABLE OF CONTENTS --- p.vi
Chapter
Chapter I. --- INTRODUCTION --- p.1
Objectives of Securities Regulations --- p.3
Regulatory Framework of the Hong Kong Securities Market --- p.5
Objectives of This Study --- p.6
Methodology --- p.7
Chapter II. --- DISCLOSURE OF INTERESTS --- p.8
Development of Securities (Disclosure of Interests) Ordinance in HK --- p.8
Disclosure of Interests in Shares --- p.9
Commentary --- p.17
Recommendations --- p.23
Chapter III. --- INSIDER DEALING --- p.29
Development of Securities (Insider Dealing) Ordinance in HK --- p.29
Overview of the Supervision of Insider Dealing Activitiesin Hong Kong and Singapore --- p.30
Circumstances of Insider Dealing --- p.32
Consequences of Insider Dealing --- p.36
Case Studies --- p.39
Commentary --- p.51
Recommendations --- p.55
Chapter IV. --- CONCLUSION --- p.60
APPENDICE --- p.63
Appendix 1 --- p.64
Appendix 2 --- p.68
Appendix 3 --- p.72
Appendix 4 --- p.76
Appendix 5 --- p.77
Appendix 6 --- p.85
Appendix 7 --- p.90
Appendix 8 --- p.91
Appendix 9 --- p.92
BIBLIOGRAPHY --- p.93
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„Disclosure standards of Chinese companies: a comparative study of companies with both A and H shares Listings“. Chinese University of Hong Kong, 1997. http://library.cuhk.edu.hk/record=b5889002.
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by Lee Pui-Wah, Josephine.Thesis (M.B.A.)--Chinese University of Hong Kong, 1997.
Includes bibliographical references (leaves 41-42).
ABSTRACT --- p.ii
ACKNOWLEDGEMENTS --- p.iii
TABLE OF CONTENTS --- p.iv
Chapter
Chapter I. --- INTRODUCTION --- p.1
Purpose of Study --- p.3
Chapter II. --- METHODOLOG --- p.4
Approach --- p.4
Time Horizon Covered in the Paper --- p.5
Assumption --- p.5
General Problems of Studies in China --- p.5
Chapter III. --- CHINESE SHAREHOLDING REFORM AND OPERATING ENVIRONMENT --- p.6
Chinese Legal System --- p.6
Hong Kong Stock Market - H Shares Profile --- p.7
Chinese Stock Market - A Shares Profile --- p.8
Chapter IV. --- THEORIES RELATED TO STOCK MARKET REGULATION --- p.12
Market Failure Theory --- p.14
Public Choice Theory --- p.15
COMPARATIVE ANALYSIS --- p.17
Information Disclosure Related to Important Transactions --- p.18
Information Disclosure Related to Takeover and Merger --- p.20
Financial Information --- p.23
Disclosure of Directors' and Substantial Shareholders' Interests --- p.24
Chapter V. --- EVALUATION --- p.25
Depth and Breadth of Information --- p.25
The Quality of Information --- p.26
Difficulties that Issuers Confront --- p.27
Cultural Influence --- p.27
Lack of Motivation --- p.28
Lack of Education and standards --- p.28
The Importance of Information in a Speculative Market --- p.29
Nature of Reform --- p.30
Chapter VI. --- CONCLUSION --- p.31
APPENDIX --- p.34
BIBLIORGRAPHY --- p.41
Bücher zum Thema "Disclosure of information Law and legislation Australia"
1
Trotman, Lindsay G. S. Fair trading: Misleading or deceptive conduct. 2. Aufl. Wellington, N.Z: LexisNexis NZ, 2013.
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2
Ramsay, Ian M. Political donations by Australian companies. Victoria, Aust: Centre for Corporate Law and Securities Regulation, University of Melbourne, 2000.
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3
O'Reilly, James T. Federal information disclosure. 3. Aufl. [St. Paul]: West Group, 2000.
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4
O'Reilly, James T. Federal information disclosure. 2. Aufl. [St. Paul, Minn.]: West Group, 1990.
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5
Law, International Institute for the Unification of Private. Model franchise disclosure law. Rome: International Institute for the Unification of Private Law, 2004.
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6
Akindemowo, Olujok`e. Information technology law in Australia. Sydney: LBC Information Services, 1999.
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7
Disclosure, Toronto Stock Exchange Committee on Corporate. Toward improved disclosure: A search for balance in corporate disclosure. Toronto: Toronto Stock Exchange, 1995.
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8
Alastair, Munt, Hrsg. The disclosure referencer. Haywards Heath, West Sussex: Bloomsbury Professional, 2013.
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9
Tucker, Greg. Information privacy law in Australia. Melbourne, Australia: Longman Professional, 1992.
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John, Cartwright. Misrepresentation and non-disclosure. London: Sweet & Maxwell, 2002.
Den vollen Inhalt der Quelle findenBuchteile zum Thema "Disclosure of information Law and legislation Australia"
1
Urbas, Gregor. „Substantive and Procedural Legislation in Australia to Combat Webcam-Related Child Sexual Abuse“. In Information Technology and Law Series, 135–82. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_4.
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2
„The freedom of information legislation“. In Government and Information Rights: The Law Relating to Access, Disclosure and their Regulation. Bloomsbury Professional, 2019. http://dx.doi.org/10.5040/9781784518998.chapter-001.
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„Exempt Information“. In Macdonald on the Law of Freedom of Information, herausgegeben von John MacDonald und Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0007.
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It should come as no surprise that legislation providing for the disclosure of information as a ‘right’ contains extensive exempting provisions. Some of the exemptions are absolute, protecting a class of information entirely, others rely on the application of a prejudice test or upon other harmful consequences of disclosure. Chapter 5 considers in turn the nine absolute exemptions and the eighteen qualified exemptions, including the formulation of government policy and legal professional privilege. The chapter lists the principles in relation to the operation of the public interest test which can be derived from the decisions of the tribunals and the courts. It identifies where it is appropriate to redact part of the information sought. The chapter refers throughout to the guidance given by the Information Commissioner and the Ministry of Justice in applying the exemptions.
4
„Whistle-Blowing“. In Macdonald on the Law of Freedom of Information, herausgegeben von John MacDonald und Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0027.
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The principal focus of Chapter 19 is on the statutory protection from victimization of employees and other ‘workers’ who disclose information in the public interest under the provisions introduced into employment legislation by the Public Interest Disclosure Act 1998. It describes the purpose and scheme of the provisions (in their original form and as amended in 2013), and explains key concepts such as ‘protected disclosure’, ‘qualifying disclosure’ and ‘worker’. It then outlines the procedures and remedies applicable in the event of unfair dismissal or subjection to detriment for making a protected disclosure. How the legislation works in practice is illustrated by reference to cases decided in employment tribunals, the Employment Appeal Tribunal, and the higher courts. The chapter also takes a brief look at whistle-blowing duties imposed on auditors and actuaries of financial institutions and persons involved in administering pension schemes following the BCCI and Maxwell affairs in the 1990s.
5
„Money Laundering“. In Macdonald on the Law of Freedom of Information, herausgegeben von John MacDonald und Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0028.
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This chapter charts the development at European and national levels of legislation to combat the laundering of proceeds of crime, with particular reference to those provisions which require or permit the disclosure of relevant information to the appropriate authorities. It describes the three primary money laundering offences under the Proceeds of Crime Act 2002, and how a potential defendant may escape liability by making an ‘authorized disclosure’. It summarizes the positive obligations to disclose suspicions of money laundering, and to operate customer due diligence measures, imposed on persons working in the regulated sector by, respectively, the 2002 Act and the Money Laundering Regulations 2007. The ‘tipping off’ offences are outlined. Reference is also made to comparable provisions in the Terrorism Act 2000 concerning terrorist offences and related property. Finally, the chapter addresses the interrelationship of those statutory provisions with duties of confidentiality, especially those owed by bankers and lawyers.
6
Will, Pearce. „Part II UK Securities Markets, 5 UK Listing, Prospectus, and Disclosure Regime“. In Financial Markets and Exchanges Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198827528.003.0005.
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This chapter talks about the current UK listing regime that stems from the EU legislation that was enacted as part of the European Commission's action plan for the Capital Markets Union (CMU) and Financial Services Action Plan (FSAP). It describes the aims of the CMU and the FSAP in order to achieve a single financial services market with no obstacles to cross—border activity and a sound supervisory structure. It also highlights the key EU legislation that governs the UK listing regime, which includes the prospectus regulation that regulates the prospectus to be published when a company's securities are to be offered to the public or admitted to trading on a regulated market in the European Economic Area (EEA). This chapter discusses the Market Abuse Regulation (MAR), which covers the disclosure and control of inside information and the offences of market manipulation and insider dealing. It also mentions the Transparency Directive that harmonizes transparency requirements for issuers whose securities are admitted to trading on a regulated market.
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„The Right to Know in Australia, Canada, Ireland, New Zealand, and the United States“. In Macdonald on the Law of Freedom of Information, herausgegeben von John MacDonald und Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0035.
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It was acknowledged in the 1997 White Paper Your Right To Know that the United Kingdom could learn much from the experience of other countries with established FOI regimes. The draftsman of the Freedom of Information Act 2000 had regard to the statutory schemes of five such countries whose jurisprudence has precedent value in our courts: Australia, Canada, Ireland, New Zealand, and the United States. Chapter 25 looks at their different approaches to the fundamental elements of any FOI regime, and gives examples of how their courts have interpreted and applied the respective statutes. The chapter notes common themes and recurrent sources of controversy, notably delays in responding to requests, charges for access, and the position of affected third parties. It traces how the legislation in each country has been adapted over the years, and where there is pressure for yet further reforms.
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Jackson, Emily. „4. Informed Consent“. In Medical Law, 195–236. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0004.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the issue of ‘informed consent’, i.e. how much information must be provided to patients before they consent to medical treatment. It first considers the ethical justifications for informing patients about their medical treatment and then examines the legal framework that protects patients’ interests in information disclosure, with particular emphasis upon the implications of the recent landmark Supreme Court case of Montgomery v Lanarkshire. The chapter also explores some alternatives to the law of tort, and the importance of the guidance produced by the medical profession.
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„Privacy and the Internet“. In Macdonald on the Law of Freedom of Information, herausgegeben von John MacDonald und Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0020.
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Chapter 14 deals with privacy, surveillance, and the right to know in the context of the internet. Edward Snowden’s disclosures of thousands of classified documents from the US National Security Agency served as a wake-up call. People are beginning to realize that government surveillance is widespread and intrusive, and that this intrusive power needs to be subject to legal safeguards. The chapter considers the legal constraints governing UK legislation and the impact of the decision in the Digital Rights Ireland case that EU Directive 2006/24/EC, which provided for the mass retention and disclosure of individuals’ online traffic data, is invalid. It considers the recent English cases and concludes by examining the framework which has been suggested for regulating the turbulent digital age in which we now live, drawing on David Anderson QC’s report ‘A Question of Trust’ and the European Court’s decision in the Google Spain case.
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Duncan, George T., und Stephen F. Roehrig. „Mediating the Tension between Information Privacy and Information Access“. In Public Information Technology, 94–119. IGI Global, 2003. http://dx.doi.org/10.4018/978-1-59140-060-8.ch005.
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Government agencies collect and disseminate data that bear on the most important issues of public interest. Advances in information technology, particularly the Internet, have multiplied the tension between demands for evermore comprehensive databases and demands for the shelter of privacy. In mediating between these two conflicting demands, agencies must address a host of difficult problems. These include providing access to information while protecting confidentiality, coping with health information databases, and ensuring consistency with international standards. The policies of agencies are determined by what is right for them to do, what works for them, and what they are required to do by law. They must interpret and respect the ethical imperatives of democratic accountability, constitutional empowerment, and individual autonomy. They must keep pace with technological developments by developing effective measures for making information available to a broad range of users. They must both abide by the mandates of legislation and participate in the process of developing new legislation that is responsive to changes that affect their domain. In managing confidentiality and data access functions, agencies have two basic tools: techniques for disclosure limitation through restricted data and administrative procedures through restricted access. The technical procedures for disclosure limitation involve a range of mathematical and statistical tools. The administrative procedures can be implemented through a variety of institutional mechanisms, ranging from privacy advocates, through internal privacy review boards, to a data and access protection commission.
Konferenzberichte zum Thema "Disclosure of information Law and legislation Australia"
1
Mateeva, Zhivka. „NATURE OF THE CONTROL OVER THE PROTECTION OF CLASSIFIED INFORMATION, CARRIED OUT BY THE STATE COMMISSION OF INFORMATION SECURITY“. In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.263.
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The report examines the control activities of the State Commission of Information Security, as one of the bodies ensuring compliance with the rules for protection of classified information. Undoubtedly, the fast and efficient protection of classified information is a matter of great public importance, and the unregulated disclosure or disclosure of information, as well as illegal access to it can damage the interests of the state and its security to varying degrees. The control performs basic public functions such as the lawful application of the legislation governing the protection of classified information. Based on the performed analysis, conclusions are made regarding the effectiveness of the control activity of the commission for compliance with the legislation for protection of classified information.