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- SOLE PROPRIETORSHIP OR PRIVATE LIMITED COMPANY?
Sharon McEneff , director of DB-based T8 Corporate & Business Services, outlines what you need to know The choice you make for the type of company you are forming will largely shape the future of your business. So it’s crucial to choose wisely from the get-go. There are many types of business entities you can form – private limited company, unlimited liability partnership, sole proprietorship, public company – but most people opt for either a private limited company or a sole proprietorship. In this article, we will explore why setting up a private limited company is preferred over a sole proprietorship. PROS AND CONS Firstly, let’s outline what these companies are and how they function. A private limited company is an organisation which is held privately, meaning its shares are not tradable to the general population. To start a private limited company, a minimum of one director who is a natural person, ie an individual, is required and shareholders could be up to 50 (body corporate or natural persons). By contrast, a sole proprietorship, as the name suggests, is a form of business in which there is only one sole owner/ trader doing business with the aim of earning profits. In a private limited company, the risk to the personal assets of a director/ shareholder is limited to the extent of their shareholding. The advantage here is that personal assets of a director/ shareholder cannot be acquired to clear company debts. In a sole proprietorship, on the other hand, the owner has unlimited liability meaning he/ she is liable to pay for the losses of the company from his/ her personal assets. Likewise in a sole proprietshorship, there is a single bearer of profit and loss – profit and loss are borne by the individual only. Any profit that a business earns or any debts that a business incurs is borne by the sole proprietor only and the responsibility cannot be transferred to anyone else. Consider too that private limited companies are a body corporate, a separate legal entity, which means the directors can sue, be sued, or dispose of company property. In a sole proprietorship, however, the trader is the one with the business, so any legal proceeding against the company is viewed like a proceeding against the individual. Perpetual succession is another factor worth considering. A private limited company does not cease to exist after the departure of directors due to any reason. By contrast, there is no provision of perpetual succession in a sole proprietorship and no one can take over the company in the event of death, bankruptcy or insolvency of the owner. THE RIGHT CHOICE Sole proprietorships have a slight edge over other companies because of their less stringent compliance requirements – the registration procedure is very easy and has fewer formalities. However, the benefits of a private limited company, as outlined above, surpass the ease of compliance requirements of a sole proprietorship. Private limited companies have smooth structure of operations and separation of both assets as well as identity, which are important when viewed from a long-term perspective. Moreover, in a private limited company, the trading of shares is done in a restricted manner, which reduces the risk of a hostile takeover. In addition, there are many provisions for relieving the tax burden with lower tax rates on private limited companies within the confines of the Income Tax Act, 1961. Private limited companies have been granted many exemptions for compliances and operations and hence need less maintenance. For all these reasons, private limited companies are definitely proving to be the right choice for entrepreneurs. Sharon McEneff is the director of T8 Corporate & Business Services in DB North Plaza. T8 delivers COMSEC and business administration services to support clients of all sizes, and with all needs. For more information, email sharon.m@t8corporate.com or visit www.t8corporate.com .
- Family-friendly festival! CELEBRATING CNY WITH KIDS
The lead-up to the holiday is the perfect time to start teaching children some of the traditions surrounding Chinese New Year. Samantha Wong takes a look PHOTOS COURTESY OF Pexels We’re getting ready to usher in Chinese New Year (CNY), the Year of the Tiger on February 1, and there’s a lot for kids to look forward to – three days off school, family gatherings, new clothes, lucky red packets… There’s also a lot of fun stuff for them to learn if they are to get the most out of the holiday. First off, at CNY, we wish each other good luck, happiness and wealth. Kids will need to be able to say Gong Hei Fat Choy (pronounced Gong-hee-faatchoy) in Cantonese, and Gong Xi Fa Cai (pronounced Gong-she-faa-tsai) in Mandarin. Both are wishes for a prosperous New Year. THE RED PACKETS Over CNY, children look forward to receiving lai see, those little red packets filled with a crisp dollar note. They need to know how to accept lai see politely – with both hands, head bowed and a simple doh jeh (thank you) – and they must never open the packet in front of the giver. The origin of lai see-giving, the legend of Ang Pow, is a fun one for kids to learn. It harks back to the Song Dynasty, when an evil dragon terrorised the people of a village called Chang-Chieu. No one was able to drive off the dragon or kill it. The villagers lived in fear until one day a young man named Ang Pow slayed the beast with his magic sabre. Out of gratitude and in the hope of warding off evil in the future, the elders of Chang-Chieu gave Ang Pow a red envelope filled with money. Top tip: Children should not give lai see – it would be considered insulting by the adult recipient – kids receive only. For young kids, HK$10 is acceptable. For older kids and young adults, it’s HK$20 to HK$50. Lai see is a blessing, a wish for good luck; it’s not about giving a large amount of money. FUN TRADITIONS Kids love the social aspect of CNY; the way families and friends get together to celebrate at each other’s homes. The dressing up required for these occasions – in new (ideally red or gold) clothes – is the icing on the cake. At CNY, everything from the food we eat to the flowers we buy has a special meaning, and children are often intrigued by all the traditions. Teach them, for instance, that certain flowers have ‘super powers’ and that this is why we gift them at CNY. Miniature kumquat trees, with their tiny orange fruits bring the recipient money, peonies bring true love, bamboo stems good luck. And why do we buy live potted plants at this time of year rather than fresh-cut flowers? Because potted plants symbolise growth and fresh starts. Tell children that the family will have a lucky year if a flower blooms on Chinese Lunar New Year’s Day, and they will watch excitedly, waiting to see if it happens. Children are also delighted to learn that the dishes we make or have made for us at CNY represent blessings for the year to come. We eat spring rolls because they look like bars of gold, and are therefore a wish for prosperity and wealth. And we eat dumplings, shaped like ancient gold and silver ingots, for the same reason. If you are making dumplings with your kids, place a coin in one of them – teach them that whoever picks that dumpling is guaranteed good luck in the coming year. Teach kids that steamed fish is an absolute must at CNY since it symbolises surplus and wealth. It’s unlucky to flip the fish – we eat one side of it for dinner and the rest the next day in order to prolong the surplus and make sure the coming year is prosperous. Why don’t we eat the head and tail? This is a reminder to finish everything you start and to wish for positive results. A whole steamed chicken represents a harmonious and united family, and it’s another CNY staple. Teach kids that eating the chicken wings will help them succeed (fly higher), and eating the bones will help them achieve their goals. You can also explain why we eat extra-long ‘longevity noodles’ at CNY – the longer the noodles, the longer our life will be. We must not cut our noodles for obvious reasons, but we are free to slurp! THE ZODIAC ANIMALS CNY is based on the lunar rather than the Gregorian calendar, which is why Chinese Lunar New Year’s Day can fall any time between January 21 and February 20, but what’s more interesting to kids is that in the Chinese zodiac calendar, each year has an animal as its symbol. 2022 ushers in the Year of the Tiger, one of 12 animals of the Chinese zodiac, the others being the Rat, Ox, Rabbit, Dragon, Snake, Horse, Goat, Monkey, Rooster, Dog and Pig. Children love the ancient folk story that explains how these creatures made the final cut to be immortalised in the zodiac: The Jade Emperor called a Great Race, decreeing that the first 12 animals to swim across a fast-flowing river would each have a year named in their honour. Thirteen animals lined up on the riverbank; however, the cat was pushed into the water by the rat, and was excluded from the final line-up. Once children have grasped that each year is affiliated with one of the 12 animals of the Chinese zodiac, they will want to find out which animal heads up their own birth year. (Google it.) Kids find it entertaining to learn that people are thought to display certain characteristics unique to their zodiac animal, for example Roosters are practical and honest, Goats are creative, while 2022’s hide of Tigers are brave, competitive and charming. Famous Tiger Year people include Lady Gaga, Tom Cruise and Leonardo diCaprio. Top Tip: Kids can discover more about CNY in a fun and humorous way by picking up Hong Kong author Sarah Brennan’s Chinese zodiac series of children’s books. This fast-paced and funny series is the perfect CNY primer with illustrations by Harry Harrison. The Tale of Pinyin Panda is a hilarious take on the Great Race and explains exactly why the Panda didn’t make it into the Chinese zodiac. Of Brennan’s 12 Chinese Calendar Tales, the one to pick up this year is The Tale of Temujin, which describes what happens when Temujin the Tiger, the Terror of the East, collides with tantrum-throwing Princess Precious at a grand imperial palace. Top tip: When celebrating at home, a good way to involve the kids is to have them set out the traditional candy trays – eight varieties of dried fruit (or sweets) – to ensure everyone’s CNY gets off to a sweet start. They can also fill up the bowls of oranges (for good health and long life), tangerines (for fruitful, lasting relationships) and persimmons (for happiness and wealth).
- Top Tips! How to Move Your Rental
Got a flat for rent in DB? There are ways to maximise its market appeal in 2021, but aiming for the height of home fashion isn’t among them. Elizabeth Kerr reports PHOTOS COURTESY OF Pexels We all have our tastes and demands and personal quirks. She likes her steak medium and he likes his well-done (even though that’s just wrong). Some of us can’t abide synthetic fabrics, while others couldn’t live without the ease of a dry cleaner-free wardrobe. Rubber thingy on the end of your toothbrush or not? Needless to say, such preferences extend to our homes. Even with the work-heavy lives most families lead, up to two-thirds of our time can be spent at home on any given day, sometimes more. You want it to look nice. Research by most of the high-end international property agencies represented in Hong Kong – Savills, Colliers, Knight Frank, Jones Lang LaSalle and so on – rarely lumps Discovery Bay in with the SAR’s premier residential locations. As far as pricing is considered, it sits squarely between the mass market and the luxury sector. This is something of an enigma given that the area’s most prominent features (greenery, relatively low-density planning and limited traffic) are precisely what drive rents and sales prices up in Mid-Levels and Island South. The issue for DB is its relative inaccessibility, though that’s arguably an advantage too. KNOW YOUR MARKET You could have drywall and bare wires hanging from the ceiling, and still rent your DB flat out for a hefty price if, say, it came with a really big private terrace. But back in the real world, if you are considering buying to rent, there are some practicalities worth considering. The first thing to keep in mind is the make-up of the local rental market. There are a lot of families in DB, certainly a larger proportion than other areas of Hong Kong, so rentals with a number of bedrooms and bathrooms are a good bet. What’s more, its expatriate residents frequently require creature comforts and environments similar to those they have left behind. Rare is the American, Canadian or Australian who will suffer a lack of outdoor space for barbeques, or settle for archaic or poorly functioning fixtures and fittings. Potential investors should also bear in mind the types of properties that attract renters to DB. Those who have just relocated here prefer apartments facing the water near the pier – in villages such as La Costa and Hillgrove or in prime developments like Chianti and Siena 2. Beach Village is still very popular as it is in close proximity to the pier, DB Plaza and so on. And it can be accessed by foot without the need for a bus. Likewise, villages like Amalfi and Positano near DB North Plaza rent well. It’s a good idea to also consider a flat’s position in relation to the main DB schools. For instance, Siena 1 is popular because of its proximity to Discovery College. PRIORITISE PRACTICAL DESIGN But there’s much more to a successful rental than simply location. Style matters. For better or worse, the cosmetic touches count and they can often be an indicator of what lies beneath. It is no secret that a nicely renovated property will attract renters over a tired looking one. The sleeker and more modern the decor the better – and new, large windows are a bonus. A properly finished outdoor space is a definite plus. Open plan layouts which see the living and dining areas combined are another good bet but be wary about opening up the kitchen. This kind of layout is popular and no doubt it can make an apartment feel bigger but it’s definitely not for everyone. Being unable to close the door on the kitchen (and the dirty dishes in the sink) is a dealbreaker for some. When decorating keep your colours light and bright, for example matte-white walls and ceilings, except in the kitchen and bathroom. This provides a clean, blank canvas, and will also make the touch-up procedure much easier. Lay the same flooring throughout the property apart from in the bathroom. This allows rooms to flow into each other. A durable wood or laminate floor will be easiest to maintain. Keep kitchens practical, modern and bright. Avoid work surfaces that damage easily, and install splashbacks for sink and stove to protect from grease and general dirt. Clean, white bathroom suites always look the part. Position plenty of tiled splash-back areas, and pay special attention to the fixtures and fittings. Intensely novel styling is best avoided. A decor that’s too individualised can be a problem. You’re better off creating an unobtrusive backdrop. Potential tenants may be put off by anything radical… or colourful. FURNISHED OR UNFURNISHED? The personal style preference is what makes unfurnished flats the better option as well. Simply put, the furniture you choose may not appeal. Long-term renters will also want the option to move in with their own stuff. Built-in cabinetry, for example, may seem like a boon in storage lean Hong Kong, but immovable items are often a dealbreaker when potential tenants have near and dear cabinets of their own. And let’s face it, people want to sleep in their own beds. If you do decide to go the furnished or part-furnished route, opt for durable pieces that can withstand wear and tear. Choose wood- or aluminium-based furniture and dark upholstery fabrics. Either way, don’t forget the invisible touches. As omnipresent as it seems to be, broadband internet is an unusual inclusion because of service provider contract demands, but perks like recreation club memberships are popular. PROVIDE SOME SERVICES If you are looking to rent out an apartment short term – 28 days being the legal minimum – there are different requirements. Short-term lets, ideal for those who want to try DB before renting long term or purchasing, or for people jetting in to visit family (soon we hope) come fully inclusive of furniture and utilities, and as often as not, they are fully serviced. First, consider the concept of service. You need to be on call to hand over the keys, and deal with any issues (burst water mains, a broken light fixture) that crop up during a tenant’s stay. Second, make sure you approach each rental on the basis that everything can be negotiated. If cleaning is required during the lease period make sure it’s included; if a tenant requires a welcome hamper and some basic toiletries on arrival, provide them… for a small fee. Short-term renters travel light. They won’t be moving in with beds and sofas, or sheets and cushions for that matter, so the flat needs to be fully kitted out, right down to the cutlery drawer. Again, focus on setting up a durable, unobtrusive backdrop and pay particular attention to the kitchen and bathrooms, which need to be top-notch. Then add in key pieces of furniture and a smattering of stylish accessories. A serviced flat needs to be both fully functioning and clutter-free. Take your inspiration from a favourite hotel room, and shop IKEA.
- Recycle! Reuse! NEW YEAR’S RESOLUTION
Now’s the time for all of us to recommit to recycling, ensuring more of our waste stays out of landfill and gets a new lease of life. The EPD’s new pilot scheme on food waste collection can help us with that. Ray Robertson reports PHOTOS BY Baljit Gidwani - www.evoqueportraits.com & courtesy of Discovery Bay Services Management Ltd Over the years, Discovery Bay Services Management Ltd (DBSML), as the manager of Discovery Bay, has made every effort to enable residents to live green. There are communal separation bins at all villages, clearly labelled for glass, plastic, paper and metal, and we can head to the Green Icon@DB on Tuesdays to dispose of ‘harder to recycle’ items, such as polyfoam, liquid cartons, rechargeable batteries and energy-saving lightbulbs. Initiatives like these are boosted by flea markets and beach clean-ups, and green-related workshops supported by the DB landscape team at Community Green Square. Launched in April last year, Community Green Square serves to highlight the natural beauty of DB, while encouraging residents to join together in healthy and eco-friendly outdoor activities. In view of the intense pressure on landfill sites in Hong Kong, we all need to use less, re-use what we can and, most importantly perhaps, treat our waste like the waste industry sees it – as a resource. Consequently, as we move into 2022, DBSML has stepped up its commitment to food waste handling, boosting the measures already in place in DB by implementing the Environmental Protection Department’s (EPD) new pilot scheme on food waste collection. “A green lifestyle in DB is established – over the years, we have done a lot to make DB an ecofriendly place to live – and now is the time to focus on food waste handling and reducing waste generation at source,” opens Ernest Lee, Assistant Director of DBSML. “The EPD’s new pilot scheme on food waste collection takes what we have been doing in DB to another level. It is a responding solution for tackling the huge social challenge – the burden to the landfill sites – that we are facing in Hong Kong. At the same time, it benefits and enables eco-aware residents who want to reduce the amount of waste they generate.” NEW PILOT SCHEME The new pilot scheme, in place since December 1, 2021 expands the scope of food waste collection in DB, and all residential units have been invited to participate. Interest from residents has been keen. “Over 1,000 households were enrolled in the scheme as of the end of November, and the number of participants is increasing. DBSML has received an overwhelming response from residents,” says Ernest. “Auberge Discovery Bay Hong Kong, Discovery Bay Recreation Club and Fusion are now also participating.” With the support of City Owners’ Committee (COC), 54 designated purple bins for collecting domestic food waste have been placed in 17 villages in DB. The aim is to have 1,000 kilogrammes of food waste collected per day. “The City Owners’ Committee unanimously supports the new pilot scheme on food waste collection,” says Baby Hefti, Chairlady of the COC’s Environmental Protection Sub-Committee. “Most DB residents are very keen on reducing and recycling with an aim to alleviate the adverse impact on the environment. The food waste collection scheme is helping to relieve the pressure on landfill sites across Hong Kong. By participating in the scheme, parents can teach their children that we should handle our own food waste in an eco-way.” A series of training sessions including how to source separate recyclable food waste were provided by the EPD prior to the commencement of the scheme. The food waste collection bins are leak-proof, impervious to moisture and fitted with lids that close tightly and securely. Residents are tasked with keeping the collection points in each village clean and tidy, and disposing of their food waste properly. The EPD collects domestic food waste on a daily basis from DB and transports it to O•PARK1 in Siu Ho Wan (Hong Kong’s first organic resources recovery centre) for recycling. “DB is one of the pioneer properties to join this pilot scheme rolled out by the EPD to help progressively tackle the challenge of domestic food waste recycling,” Cary Wan, Senior Environmental Protection Officer of EPD says. “The EPD appreciates the support from Hong Kong Resort Company Ltd, DBSML, the COC and participating residents and merchants, and will facilitate the early achievement of the 1 tonne per day target.” THINK BEFORE YOU TRASH DB’s existing food waste collection drives will work in tandem with the new EPD pilot scheme. DBSML introduced its first Food Waste Collection Programme almost a decade ago, in 2012, to enable residents to dispose of their domestic food waste more productively. “Under the original programme, food waste collected by residents is transformed into fertiliser, which the DB landscape team uses for composting,” says Ernest. “This initiative is a powerful example of what can be achieved if our community works together to recycle, repurpose and reuse. The new pilot scheme on food waste collection will further propagate the concept of sustainable development in DB.” In addition, DBSML is already well ahead of the curve with regard to the Municipal Solid Waste (MSW) Charging Scheme, which is expected to be fully implemented in Hong Kong in March 2023. In line with the ‘polluter-pays’ principle, charges will be based on the quantity of waste generated by each household. The idea is that as people become more aware that waste disposal comes with a cost, they will work harder to reduce and recycle. “DBSML launched a trial on the MSW Charging Scheme at Siena 2 and Headland Village in August 2021,” says Ernest. “Under the trial, participating residents are not required to pay but they can experience how the scheme operates and predict how much they will need to pay when it is in place.” One thing’s for sure, there are numerous ways all of us can live greener, as long as we are prepared to make the effort. Our actions on a daily basis have the potential to positively impact our environment. In 2022, why not recommit to boosting your existing recycling regime by committing to the new pilot scheme on food waste collection? NEW PILOT SCHEME ON FOOD WASTE COLLECTION KNOW MORE & ENROL NOW - HERE
- COULD AN ALCOHOL-FREE MONTH BE THE BUILDING BLOCK TO AN ALCOHOL-FREE LIFE?
If you seem to be having trouble with your drinking, or if your drinking has reached the point of where it worries you, you may be interested to know something about Alcoholics Anonymous Simply put, “ Once I start drinking, I can’t stop, and if I stop, I can’t stay stopped .” Perhaps you may know of someone like this. For these people, an alcohol-free life may be the answer. It begins as simply as one day at a time. For over 50 years in Hong Kong, a fellowship of sober alcoholics has been helping others recover from alcoholism by offering their experience, strength and hope at no cost and with no obligation. Our primary purpose is to stay sober and help other alcoholics to achieve sobriety. Alcoholics Anonymous (A.A.) does not tell you if you are an alcoholic, only you can make that decision. A.A. in Hong Kong has grown to more than several hundred members and hosts almost 50 meetings each week in person and online. In person meetings take place all over the territory: on Hong Kong Island, in Kowloon and on the outlying island communities of Lamma and Discovery Bay. Our fellowship is diverse and includes people of every race, faith, age and profession. You can find men’s meetings, women’s meetings, LGBT+ meetings, atheists and agnostics, and Hong Kong online meetings with worldwide attendance. The only requirement for membership is a desire to stop drinking. There is no registration required or dues and fees. To join, all you have to do is attend any of our meetings. Some meetings are ‘open’ (to non-alcoholic visitors), others are ‘closed’ (for alcoholics and those who think they might have a drink problem) – all meetings will list details about this. Newcomers are encouraged to attend as many meetings throughout Hong Kong as possible to find a place they feel comfortable to get sober. A newcomer can soon discover how much time in a day they will have to achieve the things they want to achieve. FREQUENTLY ASKED QUESTIONS Why me? “ The explanation that seems to make sense to most A.A. members is that alcoholism is an illness, a progressive illness, which can never be cured but which, like some other diseases, can be arrested. Going one step further, many A.A. members feel that the illness represents a combination of a physical sensitivity to alcohol and Alcoholics Anonymous a mental obsession with drinking, which, regardless of consequences, cannot be broken by willpower alone .” Will everyone know I am an alcoholic if I come into A.A.? “ Anonymity is and always has been the basis of the A.A. programme. Most members, after they have been in A.A. awhile, have no particular objection if the word gets around that they have joined a fellowship that enables them to stay sober… And no one has the right to break the anonymity of another member. This means that the newcomer can turn to A.A. with the assurance that no newfound friends will violate confidences relating to his/ her drinking problem .” Getting sober isn’t easy but you need not do it alone. The A.A. fellowship will be with you throughout the world. A.A. is not allied with any sect, denomination, politics, organisation or institution; does not wish to engage in any controversy; neither endorses nor opposes any causes. If you are in need of help, you can contact the A.A. 24-hour English-speaking hotline (9073 6922) which can also provide support in Hindi, Nepali, Tamil, French and Flemish, as well as various dialects of Chinese. Find more information about A.A. in Hong Kong at www.aa-hk.org. A self-assessment is available at www.aa.org/pages/en_us/ is-aa-for-you-twelve-questionsonly-you-can-answer .
- ACCRUAL OF UNTAKEN ANNUAL LEAVE DURING COVID
Pauline Fong , an Assistant Solicitor at Payne Clermont Velasco Solicitors, outlines what you need to know As a result of the pandemic and travel restrictions, many employees prefer to accumulate their annual leave and carry it forward. However, accumulating large amounts of accrued annual leave can create concerns for employers. It is a potential financial liability for the company, as accrued annual leave usually needs to be paid out when an employee ceases employment. Equally, employees should be careful that, in their wish to accrue annual leave, they don’t inadvertently forfeit it. Both employers and employees need to know whether it is permissible for employees to carry forward untaken annual leave and whether it is lawful for employers to forfeit untaken annual leave. First, one must understand that there are two types of annual leave: statutory and contractual. Statutory annual leave is the minimum days of paid annual leave prescribed by the Employment Ordinance. An employee’s entitlement to statutory annual leave increases progressively from seven days to a maximum of 14 days according to one’s length of service. For example, an employee who has worked for one year is entitled to seven days of annual leave in the following year. Contractual annual leave is any additional annual leave granted to the employee pursuant to the employment contract. Contractual annual leave is governed by the terms and conditions of the employment contract. If the employment contract makes no distinction between contractual and statutory annual leave, the Court may construe the contractual annual leave as the same as statutory annual leave, which imposes obligations on the employer under the Employment Ordinance. Consequently, employment contracts need to be carefully drafted to distinguish between contractual and statutory annual leave. CAN YOU CARRY IT FORWARD? Statutory annual leave cannot be forfeited. In fact, an employer must ensure that employees take all their accrued statutory annual leave within the following year. It is an offence under the Employment Ordinance to fail to grant statutory annual leave within the prescribed period. The untaken statutory annual leave should, at the election of the employee, be taken at a time agreed by the employer or paid in lieu. There is a lot more flexibility in dealing with contractual annual leave as there are contractual rights to be mutually agreed by the parties. The key is to draft the relevant terms and conditions clearly. For example, an employment contract can provide that any accrued annual leave in addition to statutory annual leave can be forfeited or carried forward to the next year with the permission of the employer if not taken within a year after it has been accrued. To provide more certainty, the employment contract can also state the maximum annual leave days that can be carried forward. Under the Employment Ordinance, an employer is entitled to ask the employee to take statutory annual leave by giving at least 14 days prior written notice. With regard to contractual annual leave, the arrangement is governed by the terms of the employment contract. In the absence of such terms, the contractual annual leave is likely to be treated as statutory annual leave. During the pandemic, when employees have little incentive to take annual leave, employers should nonetheless make sure employees take their statutory annual leave within the prescribed time. For the more generous contractual annual leave, when and how it should be taken would be governed by the relevant terms of the employment contract. Pauline Fong is an Assistant Solicitor at Payne Clermont Velasco Solicitors in Sheung Wan. The firm has considerable experience acting for both employers and employees in employment disputes. For more information: 2527 9538, enquiry@payneclermont.com , www.payneclermont.com .
- Armchair Travel! Whistler Wonderland
Dreaming of skiing trips to come… PHOTOS COURTESY OF Pexels WHISTLER IS THE LARGEST SKIABLE AREA in North America, encompassing more than 8,000 acres over two mountains, Whistler and Blackcomb. It’s a paradise for adventure sport lovers all year round but thanks to roughly 12 metres of annual snowfall, it exists because of skiing. With over 200 runs, you can spend weeks without going down the same run twice CHALET-STYLE WHISTLER VILLAGE gets busy throughout the winter season (November to May) and there are varied accommodation options including ski-in, ski-out resorts. Compact and fully pedestrianised, it’s easy to get around with great shops, restaurants and après-ski. BOBSLEDDING IS BIG AT WHISTLER , as is Luge (where you ride a sled on your back, feet first). Skeleton is another must for powder hounds. Sliding down a frozen track on a small sled headfirst, while lying face down, you can reach speeds of up to 100 kilometres per hour. BEGINNERS FIND THE BUNNY HILLS entertaining and there are instructors on hand offering lessons. Once you have mastered how to get onto a chair lift, turn and stop, you can venture onto any of the green runs. AT WHISTLER TUBE PARK youngsters (and the young at heart) can race down the slopes on inflatable tubes. Further familyfriendly activities include snowshoeing, tobogganing and baseboarding. A ZIP-LINE TOUR provides a totally different view of the mountains, glaciers, forests and village. Flying through the trees, it’s as if you’re alone in the wilderness. The experience will have you screaming as you zip between Whistler and Blackcomb peaks on a wire. TWENTY DOUBLE BLACK DIAMOND RUNS provide a challenge for expert skiers, and for an even bigger adrenalin buzz, there’s heli-skiing. A 10-person helicopter takes you to a part of Whistler Mountain where lifts just don’t go. From here you can make your own fresh tracks down.
- 2022! New Year Reset
It’s time for alternative therapies to take a more regular place beside our existing medical treatments, and DB residents Susan Smith, Angie Tourani and Adina Wong are going to prove it. Elizabeth Kerr reports PHOTOS BY Baljit Gidwani - www.evoqueportraits.com Susan Smith is standing in the sun at the Discovery Bay ferry pier, a light jacket draped over her arm, unnecessary despite the breeze and the sudden dryness that’s blanketed the city. “I thought I needed it this morning,” she quips with a Manchester lilt that hasn’t thinned in her 28 years in Hong Kong. On the way up to her apartment, we run into India-born Angie Tourani, herself a 27-year Hong Kong resident and a recent acquaintance of Susan. After a couple of minutes, native Hongkonger Adina Wong, a 15- year DB resident, turns up and parks herself on the sofa. They’re the kind of eclectic trio that’s very typical of Hong Kong and DB. One of the things that unites these ladies is an interest in alternative healing and a shared determination to expand the work they do in DB in the coming year. Introduced by alternative medicine practitioner Dr Sue Jamieson of the Integrative Medical Practice in Central, they finally met up a few months ago to put their heads together to see what they could do to spread the gospel of healing outside the box. THE HEALERS The short version: Susan is an energy healer, with a specialty in reiki and its more powerful sibling, sekhem, both of which she found herself drawn to 25 years ago while still working as an educator with ESF schools. Angie is an advanced certified BodyTalk practitioner, and Hong Kong’s only advanced certified instructor, which she describes as the practice of using the body’s innate wisdom to correct itself. “BodyTalk is about helping the body to heal from the inside out. It’s not about looking at symptoms but rather why the problem is there.” Adina rounds out the triumvirate with her hypnotherapy and past life regression therapy, in addition to energy healing. “It increases your general awareness and helps in making decisions and taking action,” explains Adina. For the sceptics out there, Susan, Angie and Adina couldn’t look farther from new-agey if they tried; there isn’t a whiff of patchouli (or frankincense) about them. Susan, who retired to DB 18 months ago, is sporty looking, with vaguely spiky bronze hair. Angie has movie star locks and a relaxed, confident demeanour. Draped in an elegant shawl, Adina looks like an artist – or possibly an art dealer. None has any religious affiliations – a common misconception – although all three admit to a spiritual element to their practices. COURTING CONVENTION Alternative therapy is becoming increasingly mainstream but the DB trio are fully aware of lingering misconceptions of their industry. Adina jokes about assuring people she’s not going to mesmerise them into forking over their bank account information. Susan is more laissez faire, arguing, “For someone who doesn’t really want to be there the energy isn’t as strong. You have to be open to giving it a go. It’s different strokes for different folks.” They brush aside accusations of quackery and snake oil peddling, but are quick to respect anyone’s scepticism. And despite all three agreeing there’s a growing interest in alternative health therapies in Hong Kong, critics with valid arguments still abound, among them the Journal of the American Medical Association and the UK’s Advertising Standards Authority . That said, a lengthy 2019 report by the World Health Organisation stated that: “Traditional and complementary medicine is an important and often underestimated health resource with many applications, especially in the prevention and management of lifestyle-related chronic diseases, and in meeting the health needs of ageing populations.” “We don’t replace doctors, and I make that very clear,” states Susan. “We can help, and if someone is refusing traditional medicine, I like to remind them I’m a healer.” That’s particularly important now, when COVID misinformation and vaccine conspiracy theories are rampant worldwide. “Absolutely,” says Adina when asked if they have a responsibility to be extra vigilant about expectations these days. Angie points out that many of her clients have been referred by so-called ‘real doctors;’ she works with people who could use extra support with medical treatment as we know it. “Western medicine is amazing, and crucial, for acute diseases and surgeries, but with chronic conditions it has limited scope,” argues Angie, who discovered BodyTalk while living in South Africa in 2005 and seeking alternative healthcare for her young children, now 21 and 22. “It’s a complement, not a replacement.” Susan, Angie and Adina claim they can assist with end-stage cancer pain elimination, management of chronic back trouble, stress relief, dealing with past sexual assaults, trouble conceiving and kids with ADHD among other ailments. WORKING WITH ENERGY Like Angie and Susan, Adina has a personal connection to her disciplines. As a kid, she developed an interest in hypnotherapy by watching it (inaccurately) portrayed on TV. However, Adina refers to herself as a seeing-isbelieving type; she prefers experience to description. “Hypnotherapy helped me overcome a lot of barriers in the past, and it led me to past life therapy. I had so many questions without answers until I finally visited a past life therapist. I just wanted to answer my questions, solve my issues and move forward. I started my spiritual journey there.” Adina’s treatments are designed to help us learn important lessons we don’t necessarily realise we need; this is important karmically, since missed lessons are carried forward “until you solve the problem or it grows more serious.” BodyTalk is a whole healthcare system but it’s essentially about communication networks, about our trillions of cells working together and how illness and disease result from those networks breaking down due to environmental stressors – which can range from schoolyard bullying to food poisoning. It’s a consciousness-based, non-diagnostic therapy that stimulates the body’s ability to balance and heal itself. Energy healing is every bit as complicated, but it’s rooted in the concept of universal energy and its power to heal. “I work as a conduit for energy. That sounds bizarre when you talk to someone who’s never been through it,” says Susan with a chuckle. “Clients lie down, fully clothed, and we discuss what their issue might be. The notion is that behind every physical issue there’s some kind of emotional or mental issue – from childhood, or a past life – and we have a blocked energy channel because of it.” Native Hongkonger Adina chimes in to note that what happens in a therapy session stays there: “Locals care about what people think so I keep it really low key,” she assures. “If I see someone in a shop, I just leave them be. Privacy is really important.” TIME TO REBOOT To kick off 2022 – and the Year of the Tiger – Susan (sused.ltd@gmail.com), Angie (www.bodytalksystem. com.hk) and Adina (www.nadihealings.com) have some pricing specials on offer for DB residents until mid-February. Adina runs a monthly workshop in DB North Plaza, Angie works out of Integrated Medicine Institute (IMI) in Central, and all three have unsurprisingly shifted some of their work online since 2020. Equally unsurprising, Susan prefers hands-on treatment (no pun intended), though she can switch to distance healing if she meets clients in person at least a few times. So the $64,000 question becomes: Why start the year with energy healing, hypnosis and BodyTalk rather than a spa weekend and a few bottles of Pinot Noir? “I think it depends on what you want in life. If you just want to chill, I’d go with the spa and the wine,” says Susan, whose small wine fridge peeks out of the kitchen. “But if it’s something deep that’s making you feel anxious or uncomfortable none of those things is going to make a substantial difference.” Angie agrees. “It’s a long-term strategy. It’s looking at the roots, healing from the inside out and solving the problem versus masking it with a temporary fix."
- Eat Drink & Be Merry!
Spectacular Holiday Desserts Want to really push the boat out this year? These time-honoured showstoppers capture the essence of traditional Christmas baking and are sure to wow your guests Photos Courtesy of Adobe Stock CHRISTMAS TRIFFLE Serves 6 5 trifle sponge cakes Raspberry jam 225g frozen raspberries 55ml sherry 550ml double cream 3 egg yolks 25g caster sugar 1tsp cornflour 2 small bananas, peeled and sliced thin 50g flaked almonds Break the sponge cakes into pieces and spread a little raspberry jam on each piece. Place them in a large glass bowl and sprinkle the frozen raspberries and sherry over. Stir well. To make the custard, heat 275ml double cream in a small saucepan. Blend the egg yolks, sugar and cornflour together in a basin, and when the cream is hot pour it over the egg mixture, stirring constantly. Return the custard to the saucepan and stir over a very low heat until thick. Leave to cool. Sprinkle the bananas in amongst the raspberries and pour the custard over the top. Garnish with the remaining (whipped) cream, additional berries and the almonds. Cover and chill well before serving. BAKED ALASKA Serves 8 300g caramel ice cream 200g black cherry conserve 400g vanilla ice cream 5 egg whites 200g caster sugar 400g Christmas cake (with icing removed) Line a 900ml pudding basin with a double layer of cling film. Scoop the caramel ice cream into the bowl, patting it down well. Top with the conserve, followed by the vanilla ice cream. Pat down firmly, cover with cling film and freeze for at least 2 hours. Heat the oven to 200°C. Whisk the egg whites until stiff, then slowly whisk in the sugar until firm and glossy. Slice the cake and arrange on a parchment-lined baking sheet, to make a round the same size as the top of the ice-cream bowl. Press together well to make sure there aren’t any gaps. Lift the ice cream out of the bowl, remove the cling film and turn onto the cake. Spread the meringue evenly over the ice cream and cake, making sure there are no gaps. Bake for 4-5 minutes until nicely coloured. Serve immediately
- Armchair travel! A Truly Cool Yule
Feeling nostalgic for Christmases past in Salzburg PHOTOS COURTESY OF Sarah Muirhead & Unsplash HOME TO APPLE STRUDEL , The Sound of Music and Mozart, Salzburg really is the perfect place for a Christmas vacation. Stay in the old town, with its beautifully preserved baroque architecture backed by the snow-capped Austrian Alps. SALZBURG CHRISTKINDLMARKT IS ONE OF THE MERRIEST and oldest Christmas markets in the world. An annual event in Cathedral Square since way back in the 15th century, it’s all about nostalgia for Christmases past. Treat yourself to mulled wine and stollen as you shop, and then go for a spin on the outdoor ice rink. WITH ITS MIGHTY DOME AND MARBLE FACADE, SALZBURG CATHEDRAL (Salzburger Dom) is an impressive tribute to the early baroque. The three gates stand for Faith, Love and Hope, with the middle gate (for Love) somewhat larger. The seven bells also have names, ranging from Salvator (the biggest) to Barbara (the smallest). WOLFGANG AMADEUS MOZART WAS BORN in 1756 at the Hagenauer Haus on Getreidegasse in Salzburg. Mozart’s Geburtshaus is now one of the most frequently visited museums in the world, somewhere fans gather to learn about the composer’s early life. MIRABELL PALACE GARDENS are incredibly beautiful even in winter and they boast fabulous views of Salzach River, the old town and fortress skyline. As you stroll the grounds, you will likely recognise the Pegasus Fountain, which Maria and the von Trapp kids danced around in The Sound of Music SALZBURG’S STORYBOOK CHRISTMAS MARKETS are a world away from the commercialised glitz of a Hong Kong mall. Each year, hundreds of vendors set up wooden huts at various locations throughout the old town from which to dole out traditional crafts, local produce and Christmas ornaments.
- Good Counsel! Pre-nuptial Agreements
ANISHA KUMAR RAMANATHAN , SENIOR ASSOCIATE AT WITHERS, DISCUSSES THE BENEFITS OF A PRE-NUPTIAL AGREEMENT More and more couples are discussing getting a Pre- Nuptial Agreement (PNA) in anticipation of marriage. Such agreements are already very common in the US and in Europe, and their popularity in Asia continues to grow. Though not yet legally binding in Hong Kong per se, since a Court of Final Appeal ruling in 2014, the presumption is that Family Courts should uphold PNAs if they are fair and both parties fully understand the implications. A properly drafted PNA is crucial to protect the assets of the party bringing the most wealth into the marriage or to safeguard any potential inheritance or business interests. For most, the challenging aspect of a PNA is broaching the subject with their partner in the first place. It is a sensitive and awkward topic which could lead to a negative reaction during a time meant to be filled with happiness and excitement. Strong marriages are built on good communication so the best way to avoid awkwardness is to broach the subject as early as possible in a relationship, and to have a frank and open discussion about your future together. DOS AND DON’TS TO CONSIDER Be fair and honest. One of the fastest ways for a PNA to be invalidated is if one of the parties has not fully disclosed their assets. A schedule of assets should be attached to the PNA so the parties are ‘full and frank’ with each other about their financial position when entering into the marriage. Do not allow emotions to prevail. If the drafting of the PNA is causing undue stress and arguments, take a short break from the process. This is why it is advisable to start the process early. It is better to wait until you are able to put your emotions aside and proceed with your best interests in mind. Treat it as insurance. You would insure against burglary or upon entering a business contract, in the hope that nothing bad will happen. It should be the same for a marriage. Encourage review. Both parties should know exactly what the PNA says and what the terms require. Often one party will have the document drafted by his or her lawyer first and then sent to the other for review. You should encourage your partner to obtain independent legal advice and review the document as it is important that they also have their interests protected. Do not include anything that is illegal or would be considered unconscionable and do not include anything that may encourage or trigger divorce. A good lawyer will advise against this as it would defeat the purpose of having a PNA in the first place. Do not leave it until the last minute. If the PNA is drafted too close to the wedding, the spouse may try to invalidate it. It is always wise to have the agreement signed and sealed at least 28 days before the big day. The document can then be filed away and in ideal circumstances, forgotten about. However, if the worst does happen, the PNA will be an excellent insurance. For more information on PNAs and protecting yourself in the unfortunate event of a divorce, reach out to Anisha Kumar Ramanathan, Senior Associate at Withers, at anisha.ramanathan@withersworldwide.com . Withers, 30/F United Centre, 95 Queensway, Admiralty, 3711 1600, www.withersworldwide.com .
- Xmas Made Easy!
Kate Farr hacks the hassle out of choosing a tree, decking the halls and serving up a gourmet Christmas lunch PHOTOS COURTESY OF Pexels Christmas in Hong Kong can be a magical time of year. It can also be a frankly stressful one, with food, decorations and gifts to arrange… that’s before you even start thinking how to fill the school holidays. Here are a few helpful hints to making the festive season fun and hassle-free this year. TRIM THE TREE One of the biggest Hong Kong Christmas dilemmas comes from choosing a tree. While many swear that nothing compares to the scent of a real spruce, others cite environmental concerns (not to mention all those spiky needles) as a reason to fake it through the festive season. Whether you’re on team real or team reusable, there are a few crafty shortcuts to make your tree a towering success. Order your real tree well in advance to avoid disappointment; they tend to get snapped up quickly from the beginning of December. Look for Nordmann Firs – a special breed that not only has softer needles, but also sheds less as it dries out, making it a friendlier option for those with young kids or pets. Don’t forget accessories such as tree stands and wreaths; Garden Plus in Mui Wo stocks everything you need, along with the ultimate in convenience – a removal service. Keep the tree in a cool and draughty spot to minimise the needle fall. If you prefer plastic and its shed-free durability, then City super’s luxury artificial trees will see you through year after year. Failing that, good old Japan Home Centre (JHC) has an abundance of cheap and very cheerful trees – you can also find every possible permutation of lights and tinsel here for pocket-change prices. Missing the authentic scent of the season? Splash out on a few scented candles (in pine, cinnamon and winterberry) that will more than compensate for the lack of puncture marks in your feet. DECK THE HALLS Aside from the aforementioned JHC tinselfest, Christmas decor opens up all kinds of opportunities for young kids to get crafty with an abundance of glitter glue, pipe-cleaners and felt. If they’ve brought home sackfuls of art projects from school, consider collating them all into an artwork print – a beautiful personalised memento which you can bring out for years to come. For little ones who want to get hands-on, empty yoghurt pots can be decorated with Christmassy stickers – poke a small hole in the base and hang a button for an instant ‘bell.’ Spray pinecones in gold or silver and make strings of gingerbread men – a couple of coats of varnish will make them last for years to come. Store everything away safely for next year in empty egg boxes and wind Christmas lights around a coat hanger to keep them tangle-free. WINING AND DINING Craving an old-fashioned Christmas dinner with all the trimmings, but stuck with a tiny Hong Kong-sized kitchen? Before you Google ‘how to microwave a 21lb turkey,’ don’t panic – there are always crafty cheats to ensure that both your dinner, and more importantly, you, are beautifully presented on the big day. The ultimate hack is, of course, to forgo slaving away in the kitchen altogether and head out for Christmas lunch. However, if your big day wouldn’t be complete without a heated debate over the gravy boat, then you can pre-order turkey and all the trimmings from Discovery Bay Recreation Club (club members get a discount) and some DB restaurants. The Auberge’s Christmas Takeaway looks like a particularly good bet with party canapes and salads, as well as festive mains and desserts available through December 27. And what’s Christmas without a tipple or two? Watson’s Wine right here in the South Plaza is offering discounts on champagne and wine throughout the holiday season, and Two More Glasses delivers for free in Discovery Bay for orders over HK$1,200. Forgotten to stock the fridge and have guests arriving? You can speed-chill your drinks in one of two ingenious ways. The first is to wet a tea towel, wrap it around your bottle and then place it in the freezer for 10 to 15 minutes. The cold travels faster through water than through air, resulting in a nicely icy bottle. The second is to fill an ice bucket (or at a pinch, a washing up bowl) with water and ice, then add a generous handful of salt. Salt water chills your drink considerably faster than fresh water, leaving you ready to pour in record time. DARE TO BE DIFFERENT No doubt, Christmas is a time for sharing gifts with our nearest and dearest; but in our eagerness to treat our loved ones to something special, it can be easy to lose sight of the true meaning of Christmas. How about trying a few festive alternatives that put over-consumption firmly back in its box? Begin by asking questions such as ‘What do the children have?’ ‘What do they need?’ and ‘What is our financial situation like?’ Once you have those answers, it’s easier to decide on – and stick to – a budget for gifts. Another trick worth employing when it comes to Christmas shopping for children comes in the form of an easy mantra: “Something they want, something they need, something to wear, something to read.” This leaves plenty of scope for practical gifting with a few treats that will be genuinely well-received. Give simple stockings filled with small gifts including things like a piece of fruit… try something different. If you refuse to buy into the societal pressure of having to have a ‘perfect’ Christmas, you can relax and enjoy the time together, while reminding children what Christmas is about, according to your own philosophy. And if you’re looking for alternatives to the traditional avalanche of gifts in favour of making lasting memories, the options are endless: Decorate your apartment and Christmas tree together, involve the kids in Christmas dinner preparation, head to festive events such as carol services or theatre shows as a family, do something for charity or take a special family outing.
