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Susana Ng

Of Counsel

Hong Kong

Ng Susana
Susana Ng

Of Counsel

Hong Kong

Susana is an Of Counsel in Allen & Overy’s Hong Kong office and co-heads our China Employment Practice.

Susana has significant on-the-ground experience advising numerous financial institutions and multinational corporations on China and Hong Kong employment matters, including labour contract and employee handbook review, senior executive employment structuring, dual contract arrangements, issues relating to the employment of expatriates, employee issues arising out of corporate restructuring and redundancy, employment termination and negotiation of separation packages, implementation of equity-based employee incentive schemes, employee personal data issues, issues relating to the enforcement of restrictive covenants and employee inventions. Susana has worked closely with local counsel in labour disputes before the labour arbitration commissions in China and has advised extensively on employment issues arising out of mergers and acquisitions. She has been advising on numerous multi-jurisdictional deals and employment related projects.

Susana has published numerous articles on employment law appearing in local newspapers and journals. She has also contributed to a chapter on Remuneration for "Employment Law and Practice in Hong Kong" (Sweet & Maxwell) and to “Hong Kong Practice Series: Minimum Wage Ordinance” (Sweet & Maxwell). Susana was invited by the World Bank to speak at an international conference on global employment issues.

Susana is ranked by Chambers Asia Pacific (2013 and 2014) as one of the Up-and-Coming employment individuals and notable practitioner. She is qualified in Hong Kong and New York. She is fluent in English, Mandarin and Cantonese.

Related articles

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Publications: 12 January 2022

What are technology investors doing to retain and incentivise key personnel in their acquisitions?

With many technology companies using transactions to acquire talented people, as well as products and services, it is no surprise that employment issues are at the top of their due diligence agendas.

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Publications: 17 December 2021

Formalising home and mobile work arrangements - what tricky issues do employers need to manage?

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Publications: 26 November 2021

Cyberspace Administration of China (CAC) publishes draft regulations for network data security management

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Publications: 03 November 2021

China consults on security assessments for cross-border transfer of data

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Office

Hong Kong

Allen & Overy
9th Floor, Three Exchange Square, Central
Hong Kong

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Qualifications

Professional

Admitted as solicitor, Hong Kong, 1999

Admitted to the bar, State of New York, USA, 2002

Academic

LLB, The University of Hong Kong, 1995

LLM, London School of Economics and Political Science, 1997

Other noteworthy experience

Advising:

  • Ferrero, a well-known Italian manufacturer of chocolate and other confectionery products, in relation to its substantial expansion of its operations in China following detailed business and employment analysis by A&O and the structuring of its workforce in China to streamline its operations. The matter involves complex strategic considerations in balancing corporate and regulatory compliance (eg social insurance, tax structuring) issues and practical considerations in response to routine requests from senior executives and the local workforce. A&O also advises Ferrero extensively on numerous employment issues relating to the factory newly set up by Ferrero in China and its operations in Hong Kong. These include issues relating to employee investigations, trade union, the use of outsourced workers, employment policies relating to blue collar workers, the use of training bond arrangements, restrictive covenants, workplace injuries, issues arising out of occupational health and safety etc.
  • Colfax Corporation on the issues relating to the restructuring of its workforce and the relocation of plant premises and related redundancy issues in China.
  • A global investment holding company on numerous contentious and non-contentious employment matters relating to their operations in Hong Kong and mainland China, including its newly operations in Shanghai. These include the legal implications arising out of cross-border dual employment arrangements and matters arising out of the termination of an employee who returned from maternity leave. Further, we assisted with effective transfer of employees within the Group and with devising various company policies, including an insider trading policy. Transaction is ongoing.
  • A leading private financial institution on employment issues in China and Hong Kong in response to its business reorganization.
  • Crayola on setting up its operations in China and related employment matters.
  • ING on issues arising out of its divesture of its insurance and investment management businesses in Asia covering eight jurisdictions including Hong Kong, Singapore, Japan, Thailand, Korea, Malaysia, Taiwan and India. Employment issues are one of the key aspects of the deal and include unilateral change of employment terms, redundancy and employee personal data.
  • Zalando on Hong Kong and PRC employment and immigration related matters.
  • BCG Digital Ventures on its employment related matters including the preparation of employment and secondment documentation for its newly established WFOE in China.
  • Capital (Beijing) Investment Consultancy Company on the general employment matters in China, including employment contract review.
  • China Unicom on a wide variety of employment matters ranging from employment contract and internal HR policy review, advice on anti-bribery related matters and investigation, employee investigations, intragroup transfer of employment and immigration and tax issues arising out of the arrangement, HR data privacy matters. Allen & Overy assisted China Unicom to coordinate local advice on issues which may impact on its global HR strategies. Allen & Overy also provides trainings to the Legal and Compliance teams of China Unicom in Hong Kong on topics involving summary dismissal and bribery.

Published work

  • Regular contributions to South China Morning Post & Career Times and other publications
  • Contributing Editor, "Employment Law and Practice in Hong Kong, First Supplement", First Edition, Sweet & Maxwell, 2012 (to be updated in 2016)
  • Contributing Author, "Hong Kong Practice Series: Minimum Wage Ordinance Commentary and Annotations", Sweet & Maxwell, 2012