Establishment of Asset Management Firms by Insurance Companies
China — The China Insurance and Regulatory Commission has given approval on the application of the People’s Insurance Company (PICC), China’s biggest non-life insurance company, to set up an asset management firm.

Insurance companies are setting up asset management companies to manage bad assets of the parent company while the other company will go for listing with the best assets. PICC is expected to be listed on the Hong Kong Stock Exchange as soon as the registration process at the State Administration for Industry and Commerce is completed.

In order to establish an asset company, the applicant has to satisfy the requirements of having followed standard corporate governance and have competent personnel and high efficiency. (Source: www.isinolaw.com)

New Directive for Treatment of SARS and AIDS Patients
China — The Ministry of Health has issued a new directive for the treatment of SARS and AIDS patients. This includes HIV carriers suspected to have been infected with SARS. The new rules would require hospitals to give immediate medical treatment to those patients suspected to have the above. Hospitals may be prosecuted for failing to do so. (Source: www.isinolaw.com)

Convictions on Cable Piracy
Hong Kong — A High Court here has found guilty five defendants for copyright infringement when they ‘imported, possessed and supplied’ unauthorised satellite TV equipment. The Cable & Satellite Broadcasting Association of Asia (‘Casbaa’) has described the decision as ‘ground breaking’.

The pay-TV industry suffered a US$40m loss last year due to unauthorised reception and Casbaa had urged the government to step up its actions against infringement through legislation. The loss of millions of dollars in the value chain has led to undercutting of investments in domestic content.

Casbaa would further its fight by taking on new actions in other markets such as the Philippines and Thailand. (Source: www.thestandard.com.hk)

Spying on Staff E-mails
UK — Staff must be informed in advance that their emails, phone calls and internet use would be monitored and the reason for monitoring, warned the Information Commissioner. Employers are also required to first carry out audits to ensure the benefits of monitoring would out weigh the intrusion into privacy. The code of guidance issued recently allows for monitoring of staff electronic communications without the knowledge of the staff only in circumstances where criminal conduct and equivalent malpractice was suspected.

Under the Data Protection Act and ‘lawful business practice regulations’, employers who fail to inform employees that their electronic communications would be intercepted could face enforcement action. Employers are also required to comply with Article 8 of the European Convention on Human Rights which requires employers to inform staff of the monitoring.

A survey found that over 20% of firms carried out daily monitoring including some who broke the law by not telling their staff about it. Disciplinary action was taken against more employees last year for email and internet abuse than in comparison to the total of those, for dishonesty, violence and health and safety breaches. (Source: www.guardian.co.uk)

Families of Victims Included in Sentencing Laws Debate
UK — The parents of Sarah Payne, James Bulgar and Damilola Taylor are having their opinions and experience taken into consideration by more than 100 delegates currently proposing changes to the Criminal Justice Bill. Parents of the child victims want life sentences to mean life sentences and not those that last for only 15 to 25 years.

Families of victims have been included for the first time in the discussion as many have come forward to state that the needs of the victims’ families where often not taken into consideration during sentencing. The Home Minister, Lord Falconer said, ‘the voice of the victim has got to be heard much more in the criminal justice system’.

The Home Secretary announced last month that punishment for murderers would better fit their crimes. The proposal is to serve as guiding principles for judges in England and Wales to determine how long an offender should spend in prison before being considered for release on licence. These include the principle that anyone who abducts and murders a child should never be released from prison. Whole-life terms will also be imposed for terrorist murder or multiple murders that are premeditated, sexual or sadistic. He further added that the Sexual Offences Bill would also increase the maximum sentences for having sex with a girl of 13 and over from two years to 14 years. (Source: www.news.bbc.co.uk)

Port Law to be Scrapped
Bangladesh — In response to a boycott by foreign ship owners, the Shipping Minister has informed that the cabinet has agreed to drop a provision in the Bangladesh Flag Protection Ordinance that protected local shipping companies from foreign competition.

90% of cargo in Bangladesh is loaded onto foreign-flagged vessels. However, in accordance with the 20 year old law, a foreign vessel can only load or unload cargo after having received permission. Currently there are only three domestic shipping companies that operate a feeder service between Bangladesh and Singapore.

The decision to change the law resulted from the discovery that domestic vessels could only handle 20% of the total containers routed through Chittagong. (Source: www.news.bbc.co.uk)