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Hong Kong 2025

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Simon Lai

Chief Legal Officer | Chow Tai Fook Enterprises

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Hong Kong 2025

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Simon Lai

Chief Legal Officer | Chow Tai Fook Enterprises

How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure organisational resilience?

There is obviously no one size that fits all, but I may briefly share what I do in the context of our group, and the below is not in any order of priority.

First, I maintain an open, frank and continuous dialogue with and between the C-Suite.  I find this critical.  Without understanding business, management, social and political concerns, it is not possible to prioritise and allocate resources appropriately.  Setting the risk appetite also helps in shaping the corporate culture.

I collaborate closely and regularly meet with the C-Suite and other members of our executive management team to gain a comprehensive understanding of their goals and challenges.  I find this helpful in developing targeted strategies to mitigate legal and other related risks.  I also try to set clear strategies for our risk profile, which includes extracting and collating relevant information from different stakeholders within and sometimes outside the organisation.  The legal department will be involved in setting some of the questions.

Second, during times of uncertainty, we need to react promptly and effectively.  This means preparation in advance and not just when a specific event or incident is imminent or has happened.  I would be involved in reviewing investments regularly with the executive committee and adjusting the investments, especially pipeline investments, in appropriate situations.  A standing item in all meetings is to share market or other related news or rumours which different people might have heard.

 Third, I advocate and adopt a cross-disciplinary approach to issues.  Legal issues in these changing times are no longer solely a matter of legal technicality.  We can win a legal battle or lose the war.  It is critical to have input from a multitude of experts, and I find it increasingly important in these times to line up and obtain input from specialist firms capable of advising on government and public relations.  I have found this especially important when operating in overseas jurisdictions, or where the investment involves critical infrastructure or requires foreign investment or antitrust approvals.

 Fourth, I prefer working with teams that I know and feel comfortable with.  We maintain regular contact with cross-disciplinary teams in the different jurisdictions where we operate.  I have found this important, particularly when dealing with emerging crisis and keeping watch over a fluid situation.

What do you see as the biggest challenge or opportunity for in-house legal teams in 2025, and how are you preparing for it?

I fear that I see more challenges than opportunities. The regulatory environment is increasingly complex.  With investments in different parts of the world (we have on-site offices in well over thirty jurisdictions), our in-house legal team will need to keep abreast of changes in regulations.

Geopolitical tension is another major factor contributing to unpredictable regulatory environments. In-house teams must be ready to monitor and react to these challenges and ensure compliance with international and local laws.

AI and technology pose another major challenge.  In-house legal teams should be aware of the technology available to secure privileged and other confidential information of the group.  This has application across the board from M&A transactions to day-to-day operational compliance, such as compliance with applicable data privacy and cybersecurity laws. 

Technology is also important for document control and record maintenance.  IT service providers keep churning out new software packages on documents and record control.  In-house teams should keep themselves abreast of the kind of software that is available in the market.

Where a business involves adherence to house forms (such as franchising or leasing), the legal team must be alerted to material deviations, and technology can ensure elevation to the legal team, and elevation will no longer be dependent upon the integrity of the business team involved. 

Then, there is also the use of technology in litigation, discovery, court hearings, M&A transactions, due diligence, document drafting, regulatory investigations etc., so there is a lot for in-house lawyers to come to grips with. 

At the same time, the effective adoption of technology, especially AI tools, may also result in a reduction of headcounts, and I see this applying to in-house teams in much the same way as external law firms.

Simon Lai - Hong Kong 2024

Chief legal officer | Chow Tai Fook Enterprises

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