ESG Regulation in Hong Kong

The Hong Kong Securities and Futures Commission (SFC) issued its Consultation Conclusions on the Management and Disclosure of Climate-related Risks by Fund Managers (Conclusions), requiring fund managers managing collective investment schemes to take climate-related risks into consideration in their investment and risk management processes and make disclosures regarding those investment and risk management policies and processes. The Fund Manager Code of Conduct (FMCC) will be formally amended to incorporate the new requirements. The SFC also issued a circular to licensed corporations to set out expected standards for complying with the FMCC. This guest article by Anne-Marie Godfrey and Ruby Ho, attorneys at Akin Gump, reviews the Conclusions’ new climate-related risk requirements and their application to fund managers based in Hong Kong. For more on developments in Asia, see “The Global Hedge Funds Landscape: Europe, Asia and the Middle East (Part Two of Two)” (Jul. 15, 2021); “Reformed QFII/RQFII Programs Facilitate Investment in China” (Apr. 8, 2021); and “Key Legal and Structural Considerations for Asian Equity Investments” (Sep. 10, 2020).

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