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In response to Beijing’s increased control over Hong Kong, global law firm Latham & Watkins has adjusted its policies regarding access to international databases for its Hong Kong-based lawyers. This move highlights the evolving challenges faced by multinational firms in navigating the regulatory landscape of the region.
Policy Changes and Implications
Latham & Watkins ranked as the world’s second-highest-grossing law firm, has informed its staff that automatic access to its international databases will no longer be granted to lawyers based in Hong Kong. While access to documents about China will remain accessible by default, starting this month, individuals in Hong Kong will require specific permission to view content from other regions, as disclosed by two sources familiar with the matter.
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This decision reflects the growing complexity of global entities operating within Hong Kong, historically renowned as an international financial center. It follows the enactment of new anti-espionage and data legislation by Beijing, which imposes restrictions on the flow of information out of China.
Operational Adjustments
Under the revised policy, Hong Kong lawyers are excluded from default access to content in databases covering the US, Europe, the Middle East, and other parts of Asia. By treating Hong Kong akin to mainland China in terms of database access, Latham & Watkins underscores its cautious approach amidst increasing regulatory scrutiny.
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Additionally, the firm is segregating its Hong Kong office database from other Asian offices, such as those in Seoul, Singapore, and Tokyo. This restructuring aims to establish a distinct “Greater China” database shared with the Beijing office, aligning with evolving regulatory requirements and operational considerations.
Regulatory Concerns and Response
Concerns over the implications of Hong Kong’s security law amendments are palpable within the legal community. The alignment of data laws between Hong Kong and mainland China underscores the need for heightened vigilance regarding data management and access control.
Furthermore, recent developments, such as the closure of Latham & Watkins’ Shanghai office and advisories against bringing work laptops to mainland China, indicate a broader trend of regulatory risk mitigation by multinational firms operating in the region.
Context and Industry Response
Beijing’s tightening grip on Hong Kong, exemplified by the imposition of a sweeping national security law in 2020, has reverberated across industries. The erosion of civil liberties and the revocation of Hong Kong’s special trade status by the US have catalyzed strategic shifts among foreign companies.
Amidst geopolitical tensions and evolving regulatory landscapes, businesses are reassessing their presence in Hong Kong and recalibrating operational strategies to mitigate risks and adapt to changing circumstances. This trend is further accentuated by the enduring impact of the COVID-19 pandemic on economic dynamics in the region.
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