[{"id":"0b5d2936-e352-4c5b-b7c6-282a16f12c7b","order":1,"text":"MUTUAL SEPARATION AGREEMENT","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"6a56c448-d9da-490c-a672-89842f0ecb2a","order":2,"text":"(EXECUTED AS A DEED)","fontSize":"14","textAlign":"center","bold":true,"underline":false,"marginBottom":"26","cflou":false,"active":true},{"id":"9e843e19-678d-4216-ac69-59ef4c224af0","order":3,"text":"THIS DEED is made on [Date of this Deed].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"d2afee6c-c9a9-46d8-b1f0-9557867c893d","order":4,"text":"BETWEEN:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5cd5a56a-bf64-4230-afac-e1627dbbd63b","order":5,"text":"(1) [Full legal name of the Employer], a company incorporated in Hong Kong with limited liability under Company Registration Number [Company Registration Number], whose registered office is situate at [Registered office address] (the \"Employer\"); and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9d37545d-245d-49f6-b21f-d280df9e74d6","order":6,"text":"(2) Mr [Full name of the Employee], holder of Hong Kong Identity Card No. [HKID number], of [Residential address of the Employee] (the \"Employee\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fabd1091-1453-47ef-8712-d9c87f19442a","order":7,"text":"The Employer and the Employee are in this Deed together referred to as the \"Parties\" and each as a \"Party\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"416814b6-dbcc-4da4-97cf-30a9728a2634","order":8,"text":"WHEREAS:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7ff0d403-1f64-44b1-82f4-d47879a21823","order":9,"text":"(A) The Employee has been employed by the Employer under a continuous contract of employment in the position of [Job title], which commenced on [Commencement date of employment] (the \"Employment Contract\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1d702af9-e6ba-4155-a724-a20898434434","order":10,"text":"(B) The Parties have agreed that the employment of the Employee with the Employer shall terminate by mutual agreement with effect from the close of business on [Termination date] (the \"Termination Date\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"035f1e3f-7444-4b34-a8d4-97fbc8472e5a","order":11,"text":"(C) The Parties wish to record in this Deed the terms upon which the employment comes to an end, to provide for the payment of all sums due to the Employee, and to achieve a full and final settlement of all claims arising out of or in connection with the employment and its termination.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cea48192-4a05-4e43-a03c-883ac281fd20","order":12,"text":"(D) This Deed is executed as a deed so that the releases, waivers and undertakings contained in it bind the Parties notwithstanding any question as to the adequacy or sufficiency of the consideration given for them.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"16128bc1-bb53-41e3-8eae-7bb832c038f6","order":13,"text":"NOW THIS DEED WITNESSES, and it is hereby agreed and declared, as follows:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f586f227-0ab7-49db-9e8b-4ff33e2f76b6","order":14,"text":"1. INTERPRETATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S01"},{"id":"7e2e3f0a-aeed-46e8-9b9f-b32c1be49628","order":15,"text":"In this Deed, unless the context otherwise requires, the following expressions have the meanings set out in this clause.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1b709b3e-901f-43b0-a94c-e1e679e0629b","order":16,"text":"\"Claims\" means any and all claims, demands, complaints, actions, proceedings, awards, compensation, damages, costs, expenses and liabilities of whatever nature, whether contractual, statutory, tortious or otherwise, whether known or unknown to the Parties, whether or not presently in the contemplation of the Parties, and whether arising in Hong Kong or elsewhere.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9191bd91-fae8-45f7-9e49-403394f7fd8b","order":17,"text":"\"Confidential Information\" means all information of a confidential or proprietary nature relating to the business, finances, clients, customers, suppliers, employees, pricing, methods, know-how, technology, trade secrets, business plans or affairs of the Employer or of any Group Company which the Employee acquired or had access to in the course of the employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"60233548-08be-4507-bfd7-7f5680ab9a78","order":18,"text":"\"Employment Ordinance\" means the Employment Ordinance (Cap. 57 of the Laws of Hong Kong).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"967428f2-f408-49f3-811a-cf9ac970731e","order":19,"text":"\"Group Company\" means the Employer, any holding company of the Employer, and any subsidiary of the Employer or of any such holding company, each within the meaning of the Companies Ordinance (Cap. 622).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9f76c7d8-fead-4370-9e96-ebf1346c515a","order":20,"text":"\"MPF Ordinance\" means the Mandatory Provident Fund Schemes Ordinance (Cap. 485).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"45eea496-9ee2-4c2d-b1bb-aa51c000cb41","order":21,"text":"The headings in this Deed are for convenience only and do not affect its construction. Words importing the singular include the plural and vice versa, and words importing one gender include every gender. A reference to an Ordinance includes any subsidiary legislation made under it and any amendment, consolidation or re-enactment of it. A reference to a clause by its heading is a reference to the clause of this Deed bearing that heading.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"88322be0-ae38-411c-af31-336060bbfebe","order":22,"text":"2. TERMINATION OF EMPLOYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S02"},{"id":"2e72e6fb-f253-4061-91c9-b5e714694413","order":23,"text":"The employment of the Employee with the Employer, and the Employment Contract, shall terminate by mutual agreement with effect from the close of business on [Termination date], being the Termination Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"44beff02-280e-49ba-9946-a00eb49a3d54","order":24,"text":"The Parties agree and acknowledge that the termination of the employment is effected by mutual agreement, and is neither a dismissal by the Employer nor a resignation by the Employee, save that the characterisation of the termination in this Deed shall not operate to diminish, exclude or reduce any entitlement of the Employee which arises by operation of law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"44f49355-60f9-4821-a83c-7bf18400ee2d","order":25,"text":"With effect from the Termination Date, the Employee shall cease to hold any position with the Employer or with any Group Company and shall cease to have any authority to act for, represent or bind the Employer or any Group Company.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8a745cf3-5b32-44b4-a8ac-a0236cf5d847","order":26,"text":"The Employment Contract shall determine on the Termination Date, save for those provisions which are expressed to survive its termination and those obligations which are reaffirmed, varied or imposed by this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8d08a815-035d-4fa0-9df1-f689a1edfce4","order":27,"text":"3. NOTICE AND FINAL WORKING ARRANGEMENTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S03"},{"id":"6e436ac7-5ea2-4a18-a635-537c27f47a4e","order":28,"text":"The Parties have agreed the arrangements set out in this clause in respect of notice of termination of the employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f18738b0-69c0-4968-97a4-54822f05feb3","order":29,"text":"The Employee shall remain in employment until the Termination Date and shall continue to discharge the duties of the position, or such other duties consistent with that position as the Employer may reasonably require, until that date. The Employer may at its discretion require the Employee to remain away from the workplace or to perform no duties for the whole or part of the remaining period, in which case the Employee shall continue to receive full wages and contractual benefits until the Termination Date and shall remain bound by all duties of good faith and fidelity owed to the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"400bdf3e-c21f-4c78-ba6d-c6bbcc1b25fc","value":"worked","type":"add","operator":"="}]},{"id":"f64ee2c5-c2dd-4a8d-b82d-945827760747","order":30,"text":"The employment terminates on the Termination Date and the Employee is not required to serve the whole or the remainder of the period of notice. In lieu of the notice which would otherwise be required, the Employer shall pay to the Employee the sum of HK$[Payment in lieu of notice], being wages in lieu of notice calculated in accordance with sections 7 and 7A of the Employment Ordinance. From the date of this Deed until the Termination Date the Employee shall not be required to attend the workplace and shall perform no duties, save as the Employer may reasonably request, but shall remain bound by all duties of good faith and fidelity owed to the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"400bdf3e-c21f-4c78-ba6d-c6bbcc1b25fc","value":"piln","type":"add","operator":"="}]},{"id":"c28a7cf5-55dd-4e8a-8d46-cf43324faa67","order":31,"text":"Save as provided in this clause, no further sum is due to either Party in respect of notice of termination, and each Party waives any right to require the other to serve or to make payment in respect of any further period of notice.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fc82d74f-dce0-4cd6-90a6-a481ce6a7a0d","order":32,"text":"4. FINAL WAGES, ANNUAL LEAVE AND END OF YEAR PAYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S04"},{"id":"eeaf4125-1215-4f36-9ff3-d9083fccbaae","order":33,"text":"The Employer shall pay to the Employee all wages accrued and remaining unpaid up to and including the Termination Date, being the sum of HK$[Outstanding wages], together with any outstanding statutory holiday pay, rest day pay and sickness allowance to which the Employee is entitled under the Employment Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a9eb6c1b-4ee8-48f9-8cf4-5abfe3bdab3a","order":34,"text":"The Employer shall pay to the Employee annual leave pay and pro rata annual leave pay in respect of [Number of leave days] days of accrued but untaken annual leave, being the sum of HK$[Annual leave pay], calculated in accordance with Part VIIIA of the Employment Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d2431d43-8225-41a2-bd63-4043ac81924a","order":35,"text":"The Employer shall reimburse to the Employee all business expenses properly and necessarily incurred by the Employee in the performance of the duties of the employment and remaining unreimbursed, provided that the Employee submits the supporting receipts and vouchers to the Employer within seven (7) days after the Termination Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"aedd2896-60b8-4c91-b302-411ac5547566","order":36,"text":"The Employer shall pay to the Employee a pro rata end of year payment in respect of the current payment period, being the sum of HK$[End of year payment], calculated in accordance with Part IIA of the Employment Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"d52c3a58-04da-456b-a69a-5798f58c4200","value":"payable","type":"add","operator":"="}]},{"id":"49fa6db9-5350-4c4c-809e-8771aafcaa26","order":37,"text":"The Parties acknowledge that the Employment Contract does not provide for any end of year payment, annual bonus or double pay in respect of the current payment period, and that no such payment is due to the Employee. Any bonus payable at the discretion of the Employer in respect of the current or any previous financial year is not payable, and the Employee makes no claim in respect of it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"d52c3a58-04da-456b-a69a-5798f58c4200","value":"none","type":"add","operator":"="}]},{"id":"3fb74cd8-4e8c-4e69-8143-1bee86274425","order":38,"text":"5. CESSATION OF BENEFITS AND INSURANCE COVER","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S05"},{"id":"ace0b991-3a46-45d1-9ff4-7f76c63f3b67","order":39,"text":"With effect from the Termination Date the Employee shall cease to participate in, and shall cease to be entitled to any benefit under, every insurance, medical, dental, life, accident, retirement or other benefit scheme operated by the Employer or by any Group Company; and every allowance, subsidy, benefit in kind and other facility provided under the Employment Contract shall cease on that date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"890e95a2-8a6d-49d7-976f-cb83b04668b6","order":40,"text":"The Employer shall, upon request, inform the Employee of the date upon which cover under any group insurance policy ceases and shall provide such information as the Employee may reasonably require in order to arrange replacement cover. Any claim under such a policy in respect of an event which occurred before the Termination Date shall be dealt with in accordance with the terms of that policy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0c02babd-ee2e-4511-a8a9-e8fd6dd57b66","order":41,"text":"Any corporate credit card, club membership, subscription or other facility provided to the Employee by the Employer shall cease to be available to the Employee on the Termination Date and shall be surrendered in accordance with the clause entitled \"Return of Company Property and Information\"; and the Employee shall settle all personal expenditure charged to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"74e78252-491c-4c81-86e1-551ff33246ae","order":42,"text":"6. SEVERANCE PAYMENT AND LONG SERVICE PAYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S06"},{"id":"ff43a9f6-8ccc-42fd-b7b9-f2d44777a1ed","order":43,"text":"The Parties have considered the entitlement of the Employee to a severance payment or to a long service payment under the Employment Ordinance, and record their agreement as set out in this clause.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f5bfeae2-1f94-48db-8e45-93848d092196","order":44,"text":"The termination of the employment is by reason of redundancy within the meaning of section 31B of the Employment Ordinance. The Employer shall accordingly pay to the Employee a severance payment in the sum of HK$[Statutory payment], calculated in accordance with Part VA of the Employment Ordinance. No long service payment is payable in addition to that severance payment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"12de8f79-1cea-4f78-aefd-e06285e57405","value":"severance","type":"add","operator":"="}]},{"id":"ae9f3a80-b7ea-4df6-b17c-1f2e8f16e964","order":45,"text":"The Employee has been employed by the Employer under a continuous contract for a period of not less than five years, and the Parties agree that a long service payment is payable to the Employee under section 31R of the Employment Ordinance. The Employer shall accordingly pay to the Employee a long service payment in the sum of HK$[Statutory payment], calculated in accordance with Part VB of the Employment Ordinance. No severance payment is payable in addition to that long service payment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"12de8f79-1cea-4f78-aefd-e06285e57405","value":"lsp","type":"add","operator":"="}]},{"id":"290a6e26-83ee-4b4d-a4cf-1b17e76cee79","order":46,"text":"The Parties agree that the termination of the employment is by mutual agreement and is not a dismissal by reason of redundancy, so that no severance payment is payable under Part VA of the Employment Ordinance, and that no long service payment is payable under Part VB of the Employment Ordinance. Nothing in this clause operates to exclude or to limit any entitlement of the Employee which arises by operation of law; and to the extent that any such entitlement is hereafter established, it shall be treated as having been satisfied by, and set off against, the ex gratia sum provided for in the clause entitled \"Ex Gratia Separation Payment\", so far as the law permits.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"12de8f79-1cea-4f78-aefd-e06285e57405","value":"none","type":"add","operator":"="}]},{"id":"1e3cb01b-1f16-4cf3-a3a7-dafb536c3dfa","order":47,"text":"7. EX GRATIA SEPARATION PAYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S07"},{"id":"b252de28-90fa-4461-8854-c3bd50047e66","order":48,"text":"In consideration of the releases, waivers, warranties and undertakings given by the Employee in this Deed, and without any admission of liability whatsoever on the part of the Employer or of any Group Company, the Employer shall pay to the Employee an ex gratia sum of HK$[Ex gratia sum] (the \"Ex Gratia Sum\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"93b6615b-3373-463f-bc23-c74ebffaa0ec","order":49,"text":"The Ex Gratia Sum is paid in addition to, and not in substitution for, the statutory and contractual entitlements of the Employee provided for in the clauses entitled \"Final Wages, Annual Leave and End of Year Payment\" and \"Severance Payment and Long Service Payment\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"44bf3d18-3904-4d72-994d-f947d261da5d","order":50,"text":"The Employee acknowledges that the Employer is under no contractual or statutory obligation to pay the Ex Gratia Sum, and that it is paid solely in consideration of the terms of this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"84fa487b-7c69-4d16-a398-8b8b095f78ab","order":51,"text":"If the Employee commits a material breach of this Deed, the Employer shall be entitled to withhold the Ex Gratia Sum or, if it has already been paid, to recover it from the Employee as a debt, provided that this clause shall not affect the payment of the statutory entitlements of the Employee, which shall be paid in full in any event.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f1a9bbb3-582c-4a4c-a2b3-40612062c920","order":52,"text":"8. TIME AND MANNER OF PAYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S08"},{"id":"c3f75aee-0c72-4c9f-b5f3-ea9c6e6f5493","order":53,"text":"The wages, annual leave pay, end of year payment, wages in lieu of notice, severance payment or long service payment and other statutory or contractual entitlements provided for in this Deed shall be paid by the Employer within seven (7) days after the Termination Date, in accordance with section 25 of the Employment Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4cc7fd16-9a71-41ca-b931-f4cc148e96c0","order":54,"text":"The Ex Gratia Sum shall be paid within seven (7) days after the Termination Date or, if this Deed is executed after the Termination Date, within seven (7) days after the date of execution of this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ef7f2176-2f61-457e-8286-ddd822587bce","order":55,"text":"Payment shall be made by autopay or bank transfer to the bank account of the Employee last notified in writing to the Employer, and payment into that account shall be a good and sufficient discharge of the obligations of the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"42d37142-6f2d-4ced-b764-f2590ee9cf2a","order":56,"text":"All payments are subject to such deductions as are required by law. The Employer shall not make any deduction from the wages of the Employee otherwise than as permitted by section 32 of the Employment Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3d48715e-e2f0-4e93-8d8e-41e7da77eaff","order":57,"text":"The Parties acknowledge that wages which are not paid within the period prescribed by the Employment Ordinance may attract interest under section 25A of that Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1844d65c-4764-4b05-9eba-37fd6f25d92c","order":58,"text":"Subject to payment of the sums provided for in this Deed, the Employee acknowledges that no further wages, wages in lieu of notice, annual leave pay, statutory holiday pay, rest day pay, sickness allowance, end of year payment, bonus, commission, allowance, share of profits, severance payment, long service payment, terminal payment or other sum of any nature is or will be due to the Employee from the Employer or from any Group Company.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d1c3d41b-19ae-4f04-81a0-ba7131d8b4f3","order":59,"text":"9. TAXATION AND STATUTORY REPORTING","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S09"},{"id":"b0688a2a-7704-4532-b852-ffe900d51d0e","order":60,"text":"The Employee shall be solely responsible for the salaries tax payable in respect of the emoluments received during the employment and in respect of all sums paid under this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a7dc2d81-211d-41b3-9e27-ce56436a0032","order":61,"text":"The Employer shall file with the Commissioner of Inland Revenue the notification of cessation of employment required by section 52 of the Inland Revenue Ordinance (Cap. 112), not later than one month before the Termination Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"03fd445c-5071-4d6d-bb13-ca553ef615a8","order":62,"text":"If the Employee is about to leave Hong Kong for a period exceeding one month, the Employer shall file the further notification required by that Ordinance and shall withhold all payments due to the Employee for a period of one month from the date of filing, or until the Commissioner issues a letter of release, as required by section 52(7) of the Inland Revenue Ordinance. To the extent and for the period that the Employer is required by law to withhold payment, the obligation to pay under the clause entitled \"Time and Manner of Payment\" is suspended, and such withholding shall not constitute a breach of this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"45a99538-512c-4733-9050-d4c6af6bd9fa","order":63,"text":"The Employee shall provide to the Employer such information and documents as it may reasonably require in order to comply with its reporting obligations, and shall indemnify the Employer against any tax, penalty, surcharge or interest arising from any failure by the Employee to comply with the tax obligations of the Employee, save to the extent that such liability arises from the default of the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a0147088-71d5-42ce-b01c-1eb0b94944b8","order":64,"text":"10. MANDATORY PROVIDENT FUND","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S10"},{"id":"6faf8c98-fca0-47a9-b0e0-6601c4f860da","order":65,"text":"The Employer shall make all mandatory contributions, and any outstanding voluntary contributions, in respect of the Employee to the registered scheme known as [Name of the MPF scheme], of which the approved trustee is [Name of the MPF trustee] (the \"MPF Scheme\"), up to and including the Termination Date, in accordance with the MPF Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5bb193a9-750b-4c99-8bd6-280963e2ff5a","order":66,"text":"The Employer shall notify the approved trustee of the MPF Scheme of the cessation of the employment within the period prescribed by the MPF Ordinance, and shall provide to the Employee the notices and documents required to enable the Employee to elect to retain the accrued benefits in the MPF Scheme, to transfer them to a personal account, or to transfer them to a scheme of a new employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"de3dfd37-62d4-4431-a053-0299f9a52a67","order":67,"text":"The accrued benefits of the Employee derived from the mandatory contributions of the Employer and of the Employee remain the property of the Employee and shall be dealt with in accordance with the MPF Ordinance. Nothing in this Deed operates as a release, waiver, assignment or charge of any right of the Employee to those accrued benefits. Accrued benefits derived from any voluntary contributions of the Employer shall vest in accordance with the governing rules of the MPF Scheme.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6437f085-156b-45c2-a370-c843def54af1","order":68,"text":"The Parties acknowledge that, the offsetting arrangement having been abolished with effect from 1 May 2025, the accrued benefits derived from the mandatory contributions of the Employer in respect of the service of the Employee on or after that date may not be applied to offset any severance payment or long service payment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f2e07eca-f087-4abe-8fd0-bddcbf6a199d","order":69,"text":"11. SHARE OPTIONS AND SHARE AWARDS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S11"},{"id":"f03e2dbf-68f4-43e5-acda-3aa9881b421a","order":70,"text":"The treatment of any share option, restricted share unit, share award or other equity incentive granted to the Employee by the Employer or by any Group Company is as set out in this clause and, save as expressly provided, is governed by the rules of the relevant share plan.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f24c65ef-dfc6-448a-963e-99663becfa97","order":71,"text":"All share options and other equity awards which have not vested as at the Termination Date shall lapse automatically on that date, without payment or compensation. All share options which have vested and remain unexercised as at the Termination Date shall remain exercisable for a period of [Exercise period] days after the Termination Date, after which they shall lapse. The Employer shall use reasonable endeavours to procure that the Employee is treated in accordance with this clause under the rules of the relevant share plan, which shall otherwise continue to apply to the Employee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"8c1a9058-db16-4a8e-86ba-19f527a58cec","value":"vested","type":"add","operator":"="}]},{"id":"69021de8-c0d7-4b8e-b2f9-7b870826e4b1","order":72,"text":"All share options, restricted share units, share awards and other equity incentives granted to the Employee, whether vested or unvested and whether or not exercisable, shall lapse and be forfeited automatically with effect from the Termination Date, without any payment or compensation, and the Employee shall have no Claim in respect of them.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"8c1a9058-db16-4a8e-86ba-19f527a58cec","value":"lapse","type":"add","operator":"="}]},{"id":"4c090fc0-7333-4878-89bc-9e908e16e07d","order":73,"text":"The Employee has not been granted, and does not hold, any share option, restricted share unit, share award or other equity incentive in the Employer or in any Group Company, and no sum and no security is due to the Employee in respect of any such award.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"8c1a9058-db16-4a8e-86ba-19f527a58cec","value":"none","type":"add","operator":"="}]},{"id":"a6cd0995-5902-4758-ab45-91d124cedf8f","order":74,"text":"The Employee shall continue to comply with all applicable dealing restrictions, with the provisions of the Securities and Futures Ordinance (Cap. 571) relating to insider dealing, and with the dealing policies of the Employer, in respect of any dealing in the securities of the Employer or of any Group Company.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"62f11796-2684-4447-a4ea-ccef7ce98f56","order":75,"text":"12. RETURN OF COMPANY PROPERTY AND INFORMATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S12"},{"id":"047739eb-e178-45b2-bd75-afff2fe4cd86","order":76,"text":"On or before the Termination Date, and in any event not later than [Days allowed for return] days after the Termination Date, the Employee shall deliver, to the attention of [Name and position of the recipient], all property of the Employer and of any Group Company which is in the possession, custody or control of the Employee, including without limitation any computer, laptop, tablet, mobile telephone or other electronic device, SIM card, access card, keys, corporate credit card, motor vehicle, uniform, equipment and samples, together with all documents, records, correspondence, drawings, files and data, and all copies of them, in whatever medium held.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"38f3c2e1-b32a-4f14-b767-4a2084032642","order":77,"text":"The Employee shall permanently delete all Confidential Information stored on any device, account or storage medium which is not the property of the Employer, shall not retain any copy of it, and shall, if requested, confirm in writing to the Employer that this clause has been complied with.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ff859547-908e-4164-b09f-fe6e8f942572","order":78,"text":"The Employee shall provide to the Employer all passwords, access codes and credentials necessary to obtain access to any system, account, device, file or record of the Employer or of any Group Company.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"36f8a503-b83b-4cd9-9304-ae0b7981d497","order":79,"text":"Where any property is not returned in accordance with this clause, the Employer may recover that property, or the value of it, from the Employee as a debt; provided that no deduction shall be made from any sum payable to the Employee except as permitted by section 32 of the Employment Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5aa61271-462c-47bc-a499-413ab15674bd","order":80,"text":"13. RESIGNATION FROM OFFICES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S13"},{"id":"a08cb6a7-91fc-4999-8c35-407456d86f54","order":81,"text":"The Employee shall, with effect from the Termination Date, resign from every office, directorship, trusteeship and appointment held with the Employer or with any Group Company, and shall execute such documents and do such things as may be necessary to give effect to those resignations.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ef05ffae-0516-45ac-b607-60c4957e6173","order":82,"text":"If the Employee fails to execute any such document within seven (7) days after a written request, the Employee irrevocably appoints the Employer as attorney of the Employee, with authority to execute that document in the name and on behalf of the Employee, and the Employee ratifies whatever the Employer lawfully does under this authority.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9eda6c26-269a-46d3-8430-dc00db79e7fd","order":83,"text":"After the Termination Date the Employee shall not represent to any person that the Employee is an employee, officer, agent or representative of the Employer or of any Group Company, and shall not purport to incur any liability on their behalf.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9a212632-8d85-4394-be1c-4d96ef0ab32f","order":84,"text":"14. HANDOVER AND CO-OPERATION AFTER TERMINATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S14"},{"id":"7e71d721-d528-4b96-8bca-3a9fae724dea","order":85,"text":"The Employee shall, on or before the Termination Date, effect an orderly handover of all work in progress, files, records and client or customer matters to such person as the Employer may designate, and shall provide a written note of the status of any matter which remains outstanding.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cbc379c3-bf58-4440-9244-571f560d3f12","order":86,"text":"For a reasonable period after the Termination Date the Employee shall, upon reasonable notice and without unreasonable interference with any subsequent employment or engagement of the Employee, give the Employer such assistance and information as it may reasonably require in relation to any matter with which the Employee was concerned during the employment, including any audit, regulatory enquiry, investigation, arbitration or legal proceedings; and shall not, unless compelled by law or by a competent authority, voluntarily assist any person in bringing a claim against the Employer or any Group Company.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"46b13891-e98f-4da7-a3a3-ec1a2bc46d32","order":87,"text":"The Employer shall reimburse the reasonable out-of-pocket expenses properly incurred by the Employee in giving that assistance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0c863392-a1eb-47c3-8f4f-26e89b45c29e","order":88,"text":"15. FULL AND FINAL SETTLEMENT AND RELEASE OF CLAIMS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S15"},{"id":"5bb6c492-0a5a-41cc-a4f6-765097089f89","order":89,"text":"The payments and benefits provided for in this Deed are accepted by the Employee in full and final settlement of all Claims which the Employee has, or may have, against the Employer, against any Group Company, or against any of their present or former officers, directors, employees, agents or shareholders, arising out of or in connection with the employment of the Employee, the termination of that employment, or otherwise howsoever.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3cd1151d-32f2-4a6d-b7a6-09bca70975e1","order":90,"text":"The Employee irrevocably and unconditionally releases, waives and forever discharges the Employer, each Group Company and each of their present and former officers, directors, employees, agents and shareholders from all Claims, including without limitation any Claim for wages, wages in lieu of notice, annual leave pay, statutory holiday pay, rest day pay, sickness allowance, maternity or paternity leave pay, end of year payment, bonus, commission, allowance, expenses, severance payment, long service payment, terminal payments, damages for wrongful dismissal or breach of contract, any remedy for unreasonable dismissal or unreasonable and unlawful dismissal under Part VIA of the Employment Ordinance, any Claim under the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527) or the Race Discrimination Ordinance (Cap. 602), and any Claim in tort, in equity or for restitution.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"729e415c-d684-4a3e-983d-a7b17ef751fe","order":91,"text":"The release given by the Employee extends to Claims of which the Employee is not aware, and which the Employee does not have in contemplation, at the date of this Deed, and the Employee waives the benefit of any rule of law to the contrary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b62d0db8-1414-42ce-ba23-73e80e373d31","order":92,"text":"The Employer, for itself and for each Group Company, releases and discharges the Employee from all claims arising out of the employment or its termination, save for any claim arising from fraud, dishonesty or wilful misconduct on the part of the Employee, any claim arising from a breach of this Deed, and any claim of which the Employer is not aware at the date of this Deed and which arises from a deliberate wrongful act of the Employee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"df2b5e66-6e10-4864-ac78-39cdb78c3fe5","order":93,"text":"16. EXCLUDED CLAIMS AND PRESERVED STATUTORY RIGHTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S16"},{"id":"d794d03d-af90-47da-a27f-85a4af1b9534","order":94,"text":"Nothing in this Deed operates, or is intended to operate, to extinguish, reduce or limit any right, benefit or protection conferred on the Employee by the Employment Ordinance or by any other Ordinance; and any provision of this Deed which would have that effect is void to the extent provided by section 70 of the Employment Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ab1e91d4-7128-4430-9a21-33b8c5cd03a4","order":95,"text":"The release given in the clause entitled \"Full and Final Settlement and Release of Claims\" does not apply to any claim to enforce the terms of this Deed; to any accrued right of the Employee to benefits under the MPF Scheme or under any other retirement scheme; to any claim in respect of personal injury of which the Employee is not aware, and could not reasonably be expected to be aware, at the date of this Deed; to any claim under the Employees' Compensation Ordinance (Cap. 282) in respect of an injury or occupational disease which has not been sustained or contracted, or of which the Employee is not aware, at that date; or to any right of the Employee to be indemnified as a director, officer or employee under the articles of association of the Employer, under any deed of indemnity, or under any policy of insurance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"af09067e-a2d8-46b8-b90d-d9219449d138","order":96,"text":"The Parties acknowledge that any agreement to settle a claim for employees' compensation is subject to the requirements of the Employees' Compensation Ordinance, and that this Deed does not purport to settle any such claim otherwise than in accordance with that Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9f595b12-fb38-4290-996d-84aae329fb54","order":97,"text":"17. NO FURTHER PROCEEDINGS AND BAR TO CLAIMS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S17"},{"id":"98809762-9038-4dda-a4d6-c5957f072b79","order":98,"text":"The Employee warrants that no complaint, claim or proceeding has been presented, commenced or threatened by the Employee against the Employer or against any Group Company before the Labour Tribunal, the Minor Employment Claims Adjudication Board, the Labour Department, the Equal Opportunities Commission, any court, or any other tribunal or authority, whether in Hong Kong or elsewhere. To the extent that any such complaint, claim or proceeding has been presented or commenced, the Employee shall withdraw or discontinue it forthwith upon the execution of this Deed, with no order as to costs.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1afd5399-33c7-4005-828a-79b802725218","order":99,"text":"The Employee undertakes not to institute, continue, pursue or support any Claim released by this Deed before the Labour Tribunal, the Minor Employment Claims Adjudication Board, or any other court, tribunal or authority in Hong Kong or elsewhere.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e7a1bc7c-dbcf-4e4c-8e4c-dce66921b2cf","order":100,"text":"The Employee agrees that this Deed may be pleaded and produced as a complete bar and an absolute defence to any Claim brought in breach of this clause, and that the Employee shall be liable for the reasonable legal costs and expenses incurred by the Employer or by any Group Company in resisting any such Claim, save where the Claim relates to a matter excluded by the clause entitled \"Excluded Claims and Preserved Statutory Rights\", and save where the recovery of such costs is prohibited by law or by the rules of the tribunal concerned.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"23a73dbf-968c-46a7-98b4-3b9f85b7eee8","order":101,"text":"Nothing in this Deed prevents the Employee from making a disclosure to, or from co-operating with, any regulatory or law enforcement authority, from giving evidence when required to do so by law, or from making any disclosure which the Employee is required by law to make.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"993ac8b5-cde8-423f-8e39-964081c902c5","order":102,"text":"18. WARRANTIES AND ACKNOWLEDGEMENTS OF THE EMPLOYEE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S18"},{"id":"9ced0913-2bf8-42cf-98f3-20d9c0b35105","order":103,"text":"The Employee warrants and represents to the Employer that no sum, benefit or entitlement other than those provided for in this Deed is due to the Employee from the Employer or from any Group Company; that the Employee has disclosed to the Employer all material facts relating to the employment and to its termination; that the Employee has not committed any act or omission which would have entitled the Employer to terminate the employment summarily under section 9 of the Employment Ordinance; that the Employee has not, in breach of the obligations owed to the Employer, taken up or agreed to take up any other employment, appointment or engagement; and that the Employee has returned, or will return in accordance with this Deed, all property of the Employer and of each Group Company.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5c57094f-72b3-41e1-bc6e-45339efcbe04","order":104,"text":"If any of those warranties is materially untrue or misleading, the Employer may recover from the Employee as a debt any sum paid under this Deed, save for the statutory entitlements of the Employee, which shall in no circumstances be recoverable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4f7a304a-51cb-4452-8db5-ec01c80a4fe3","order":105,"text":"19. CONFIDENTIALITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S19"},{"id":"802837ce-2e38-44f8-b7e8-c54e41610396","order":106,"text":"The Employee shall continue to be bound by the obligations of confidence owed to the Employer and to each Group Company, whether arising under the Employment Contract, at common law or in equity, and shall not at any time use or disclose any Confidential Information, save where the information has come into the public domain otherwise than through a breach of those obligations, or where the disclosure is required by law or by a competent authority.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2324ea7f-23ed-4179-9e99-393433ef5b15","order":107,"text":"The Parties shall keep confidential the existence and the terms of this Deed, and the circumstances of the termination of the employment, save that either Party may disclose them to its professional advisers, to the Inland Revenue Department or to any other authority where required, to its insurers, and, in the case of the Employee, to the immediate family of the Employee, provided in each case that the recipient is informed of the confidential nature of the information.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"446cb24c-2ded-45fd-9054-1469482990b8","order":108,"text":"The Employee shall not make, publish or cause to be published any statement concerning the Employer or any Group Company to the press, to any broadcast or online medium, or on any social media platform, in relation to the employment or to its termination.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"08fbc9e9-a47d-48af-8638-8000abc0221f","order":109,"text":"20. POST-TERMINATION RESTRICTIONS AND INTELLECTUAL PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S20"},{"id":"fb56056f-c30b-42b6-a6d9-f2d15f1a2c63","order":110,"text":"The Parties record their agreement in respect of the post-termination obligations of the Employee as set out in this clause.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f0ee8454-0941-42ed-ba04-8ac62435af94","order":111,"text":"The Employee acknowledges that the restrictive covenants contained in the Employment Contract, including any covenant restricting competition, the solicitation of or dealing with clients, customers or suppliers, and the solicitation or employment of employees of the Employer or of any Group Company, remain in full force and effect according to their terms and are enforceable by the Employer after the Termination Date. The Employee reaffirms those covenants and acknowledges that they are reasonable and necessary for the protection of the legitimate business interests of the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"34028386-aade-43a9-aff5-2fc34c0531fc","value":"reaffirm","type":"add","operator":"="}]},{"id":"5c2ac860-81bb-4456-8784-d7b78ae85941","order":112,"text":"The Employer releases the Employee from the restrictive covenants contained in the Employment Contract in so far as they restrict competition, the solicitation of or dealing with clients, customers or suppliers, and the solicitation or employment of employees. That release does not extend to the obligations of the Employee in respect of confidentiality, intellectual property or the return of property, all of which continue in full force and effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"34028386-aade-43a9-aff5-2fc34c0531fc","value":"release","type":"add","operator":"="}]},{"id":"c9ad3b1f-589c-40f4-a28c-af950835cad9","order":113,"text":"All intellectual property rights created by the Employee in the course of the employment vest in, and remain the property of, the Employer or the relevant Group Company; and the Employee shall execute such documents and do such things as may reasonably be required to perfect that title.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"95601793-4c42-427c-91aa-4841f64c557f","order":114,"text":"21. MUTUAL NON-DISPARAGEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S21"},{"id":"cc85bc4e-2c6d-4eca-809e-f87a416f1575","order":115,"text":"The Employee shall not make any derogatory or disparaging statement concerning the Employer, any Group Company, or any of their officers, directors or employees; and the Employer shall use reasonable endeavours to procure that its directors and members of its senior management make no derogatory or disparaging statement concerning the Employee. This clause applies to statements made orally, in writing, or by any electronic means.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6eaf1ba5-b90c-4b2c-ad37-f62810bad666","order":116,"text":"Nothing in this clause prevents either Party from giving truthful evidence in any proceedings, or from making any statement or disclosure required by law or by a competent authority.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"63b45fbb-2af0-48aa-be5a-3781d3b1ffc6","order":117,"text":"22. REFERENCE AND ANNOUNCEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S22"},{"id":"64cd2f22-ff23-468b-a595-e99ef97f8a96","order":118,"text":"The Employer shall, upon the written request of the Employee, provide to any prospective employer a written reference in respect of the Employee, confirming that the Employee was employed in the position of [Job title], the dates of the employment and the principal duties performed, in terms no less favourable than the standard form of reference used by the Employer from time to time. The Employer shall not be obliged to give any reference which it does not believe to be accurate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c1474c20-596f-48b1-8793-e945bb21e431","value":"full","type":"add","operator":"="}]},{"id":"1ceeea69-9d8b-4d25-8006-15ef0a589684","order":119,"text":"The Employer shall, upon the written request of a prospective employer, confirm the position held by the Employee and the dates of the employment, but shall not otherwise be obliged to provide a reference or any comment upon the performance or the conduct of the Employee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c1474c20-596f-48b1-8793-e945bb21e431","value":"confirm","type":"add","operator":"="}]},{"id":"0659a6b6-507d-493e-9165-5fe6ddf08c27","order":120,"text":"Any internal or external announcement concerning the departure of the Employee shall be in terms agreed between the Parties or, failing agreement, shall state no more than that the Employee has left the Employer by mutual agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"91a4f7dd-b370-49a2-82e1-b82db8996047","order":121,"text":"23. PERSONAL DATA","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S23"},{"id":"29263415-707d-4f14-9e68-5cb032c2fb06","order":122,"text":"The Employer shall handle and retain the personal data of the Employee in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) and with its personal information collection statement, and shall retain those data only for so long as is necessary for the purposes for which they were collected or as is required by law, including the retention of wage and employment records required by the Employment Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a82412a1-d200-4550-bfa0-bf8dd523f465","order":123,"text":"The Employee may make a data access request or a data correction request in respect of the personal data held by the Employer, in accordance with that Ordinance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7ec8a1f6-9dab-4049-a5a3-48441de7d168","order":124,"text":"24. INDEPENDENT LEGAL ADVICE, LANGUAGE AND UNDERSTANDING OF THIS DEED","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S24"},{"id":"fd19977b-5d01-4ba7-8f01-e10a4065e66e","order":125,"text":"The Employee acknowledges that the Employer has advised the Employee to obtain independent legal advice upon the terms and effect of this Deed, and in particular upon the releases and waivers contained in it, and that the Employee has had a reasonable opportunity to obtain that advice before executing this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2d592221-036a-4ae0-8a7b-eeba4906b3e4","order":126,"text":"The Employee acknowledges that the Employee has been given a reasonable period in which to consider the terms of this Deed, that the Employee enters into it freely and voluntarily and with a full understanding of its terms and effect, and that the Employee does not rely upon any representation, promise or assurance other than those set out in this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5e17ad0a-ce96-4858-9e12-6e99cd00b6ec","order":127,"text":"This Deed is made in the English language. The Employee confirms that the Employee understands the English language or, alternatively, that the terms and effect of this Deed have been explained to the Employee in a language which the Employee understands, and that the Employee has had the opportunity to obtain a translation of this Deed before executing it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9ebc71a8-e6aa-4a92-aa48-a7f6e029d428","order":128,"text":"25. NOTICES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S25"},{"id":"52366a91-9c93-41fc-9164-f3be8d8551b9","order":129,"text":"Any notice given under this Deed shall be in writing and shall be delivered by hand, sent by prepaid registered post, or sent by electronic mail, to the address of the Party set out in this Deed or to such other address as that Party may notify in writing for the purpose.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b09dd768-f880-4b5a-92f9-3d9dde1ef383","order":130,"text":"A notice is deemed to have been received: if delivered by hand, at the time of delivery; if sent by prepaid registered post, on the second business day after the day of posting; and if sent by electronic mail, at the time of transmission, provided that no notification of delivery failure is received by the sender.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"645caa8d-6606-40bc-a000-b8e4f0a45afe","order":131,"text":"26. NO THIRD PARTY RIGHTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S26"},{"id":"7d66ef84-c561-49d7-b694-7b5a60b426fd","order":132,"text":"Each Group Company, and each officer, director, employee, agent and shareholder released by this Deed, may enforce the releases and undertakings given in its or their favour. Save as so provided, a person who is not a Party to this Deed has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of it. The Parties may rescind or vary this Deed without the consent of any such third party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5576ec16-f4ba-4cb8-aead-43657e7a3d2b","order":133,"text":"27. SUCCESSORS AND ASSIGNS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S27"},{"id":"125481ff-3227-4c9e-92da-bc5f5fac3150","order":134,"text":"This Deed binds, and enures for the benefit of, the successors in title of each Party. The Employer may assign the benefit of the releases, warranties and undertakings given by the Employee to any Group Company or to any successor to the business or to the part of the business in which the Employee was engaged.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1d1d341b-f48c-419a-9c13-c77f3b5e290a","order":135,"text":"The Employee may not assign, charge or otherwise deal with any right or obligation arising under this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"71ca0c75-852d-49c2-aecb-ee009db50105","order":136,"text":"28. ENTIRE AGREEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S28"},{"id":"2e1407e6-e189-4c38-a65a-d3bf45db8ef3","order":137,"text":"This Deed contains the entire agreement between the Parties in relation to the termination of the employment and supersedes all prior agreements, arrangements, understandings and representations between them, whether written or oral, save for those provisions of the Employment Contract which are expressed to survive termination or which are reaffirmed by this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ecf9c92d-d441-45c2-af15-f1a531047173","order":138,"text":"Each Party acknowledges that it does not rely upon any statement or representation which is not set out in this Deed; but nothing in this Deed limits or excludes any liability for fraud or for fraudulent misrepresentation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7edc2291-14f5-46d7-807b-338c27539859","order":139,"text":"29. VARIATION AND WAIVER","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S29"},{"id":"03b8ab04-828b-4ba0-9cc3-cf3bf4d16477","order":140,"text":"No variation of this Deed is effective unless it is in writing and signed by or on behalf of both Parties and, where it varies an obligation contained in a deed, unless it is itself executed as a deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e013cdf2-5f38-4dbd-8935-5b2f5e8e3d1f","order":141,"text":"No failure or delay by a Party in exercising any right or remedy under this Deed operates as a waiver of it, and no single or partial exercise of any right or remedy prevents any further exercise of it or the exercise of any other right or remedy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3b30061b-b50e-480e-ae99-d86022f00955","order":142,"text":"30. SEVERABILITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S30"},{"id":"a14141ec-704d-44ec-9b30-4cab03f7a3f9","order":143,"text":"If any provision of this Deed is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable; and if such modification is not possible, that provision shall be deemed deleted. Any modification or deletion under this clause does not affect the validity or the enforceability of the remainder of this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a09fb7cb-40c0-434e-b5c7-46b0d9b9bee0","order":144,"text":"Where any provision of this Deed would be void by virtue of section 70 of the Employment Ordinance, that provision shall be read and given effect as not applying to the statutory right concerned.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9e09a8d1-cce2-47e8-aff8-e326fe516bb3","order":145,"text":"31. COUNTERPARTS AND EXECUTION AS A DEED","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S31"},{"id":"6c7abc40-a067-45da-a011-d08b72a650c5","order":146,"text":"This Deed may be executed in any number of counterparts, each of which when executed and delivered is an original, and all of which together constitute one and the same instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4d5301dc-f823-4b87-b99b-89bf293d21e5","order":147,"text":"Each Party intends this document to be a deed, confirms that it is executed and delivered as a deed, and confirms that the signature of that Party is attested by the witness whose particulars appear beneath it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a8b2160c-a93b-455c-b3b0-66f64c1755b1","order":148,"text":"32. GOVERNING LAW AND JURISDICTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S32"},{"id":"5e7147c9-7a9c-45a4-bdd3-ec521109fbc5","order":149,"text":"This Deed, and any dispute or claim arising out of or in connection with it, its subject matter or its formation, are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a7ae931c-dc17-4958-a141-07d77462d0de","order":150,"text":"Before commencing any proceedings, the Parties shall use reasonable endeavours to resolve any dispute arising out of this Deed by discussion in good faith and, where appropriate, by mediation; provided that nothing in this clause prevents either Party from seeking urgent interlocutory relief or from taking any step necessary to comply with a statutory time limit.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"39bf94b1-8b1e-4205-973a-394b596ac870","order":151,"text":"The Parties submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region, without prejudice to the jurisdiction of the Labour Tribunal in respect of any claim falling within its exclusive jurisdiction.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"6375414e-2aaa-4c00-beeb-c063288cb99c","order":152,"text":"IN WITNESS WHEREOF the Parties have executed this document as a deed and have delivered it on the date first written above.","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"24","cflou":false,"active":true,"marginTop":"10"},{"id":"1be88603-8d24-4200-80aa-c117402ee876","order":153,"text":"EXECUTED AS A DEED by [Full legal name of the Employer], acting by [Name of the authorised signatory], its [Position of the authorised signatory], who is duly authorised to execute this Deed on its behalf, in the presence of the witness whose particulars appear below:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"f586c04c-a4dd-46b3-b7f4-16a9e474b1ab","order":154,"text":"Signature of the authorised signatory: ______________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"6d1c5dc6-ff8a-433d-8460-686fa8973954","order":155,"text":"Name: [Name of the authorised signatory]
Position: [Position of the authorised signatory]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"420720ee-ecbe-4ff6-95e5-4bdbfd362683","order":156,"text":"Signature of witness: ______________________________
Name of witness: ______________________________
Address and occupation of witness: ______________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"26","cflou":false,"active":true},{"id":"6a7eefae-c299-4fd8-b5e6-4f0620f16193","order":157,"text":"SIGNED, SEALED and DELIVERED by Mr [Full name of the Employee], holder of Hong Kong Identity Card No. [HKID number], in the presence of the witness whose particulars appear below:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"fa19dcdd-82a8-477e-9581-f0713019fca2","order":158,"text":"Signature of the Employee: ______________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true},{"id":"5b83711b-87fc-446f-9ecf-ca5f5556052c","order":159,"text":"Signature of witness: ______________________________
Name of witness: ______________________________
Address and occupation of witness: ______________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"0","cflou":false,"active":true}]