It has been over two years since the introduction of the revised PRC Law of Guarding Secrets in 2010. Now is, therefore, a good time for a recap on the risks associated with dealing with counterparties' confidential commercial information in China and in particular those classes of information which may fall within the scope of State secrets. This presentation covers:
• The fundamentals on State secrets, including an outline of the PRC Law of Guarding State Secrets, types of information protected, the relevant criminal offences and previous State secrets prosecutions (which sets the scene in terms of key lessons on what not to do);
• A discussion of the recent developments in 2011 and 2012, including the latest prosecutions and the recently published Draft Implementing Regulations;
• Risk management tips for dealing with this area in China.
May Tai specialises in all types of cross-border China-related dispute resolution, including international arbitration, litigation and regulatory investigations. She divides her time between Herbert Smith’s Shanghai and Beijing offices and has previously practised in Herbert Smith's London, Singapore and Tokyo offices.
Damien specialises in international arbitration, commercial litigation and corruption and information risk related work in China. He has had extensive experience in many different types of contractual disputes in mainland China , Hong Kong, the UK and Australia.
