Susana Ng

Susana Ng

Of Counsel

Offices

Hong Kong SAR

Susana heads our Greater China Employment Practice.

Susana has significant on-the-ground experience advising numerous financial institutions and multinational corporations on Mainland China and Hong Kong SAR 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 team hires/moves. Given her litigation background, Susana regularly assists clients in conducting employee investigations, advises clients in relation to investigations conducted by the Labour Department and the Equal Opportunities Commission in Hong Kong and assists corporate clients to pursue or defend employment claims. Susana has worked closely with local counsel in labour disputes before the local labour arbitration commissions in China. Susana 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 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.

She is qualified in Hong Kong and New York. She is fluent in English, Mandarin and Cantonese.

Experience

Representative matters

  • A leading US technology company on its international guide related to supplier relationships (temporary workers, vendors and contractors), internships and changes to terms and conditions of employment (collectively the “Guide”) and assisted assisted a multinational technology company to reflect new developments in the law, and to provide updates on an annual basis. The extended project covers 72 jurisdictions. For Asia Pacific, the project is coordinated out of Hong Kong, with advice being provided by A&O’s team in Hong Kong, PRC, Indonesia, Japan, Singapore, Vietnam, Thailand and external “best friend” law firms.
  • A Chinese state-owned telecommunications operator o 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, harmonization of employment terms and conditions, immigration and tax issues arising out of the arrangement, HR data privacy matters, employee disciplinary actions etc. 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.
  • Various private equity firms having operations in China and other jurisdictions in devising employee incentive schemes.
  • One of the leading consumer finance company in Hong Kong in relation to labour disputes which arose following the summary dismissal of senior executives involved in defrauding the company.
  • 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 etc.
  • A leading US cash handling company having operations in China in defending claims from employees whose contracts were ended in light of the early liquidation of the employing entities. Working closely with local counsel and successfully defended claims in various cities in China, including Shanghai, Qingdao, Guangzhou etc.
  • A Chinese state-owned telecommunications operator on data protection issues including preparation of data privacy compliance documents, including personal information collection statements in the employment context, data processing agreement and data protection policy from the perspectives of the HK Personal Data (Privacy) Ordinance, PRC Personal Information Protection Law and GDPR.
  • An American multinational pharmaceutical company on data protection issues arising out of market research and marketing programs involving patient recruitment, vaccination programs, patient benefit programs offered in collaboration with NGOs and reimbursement programs endorsed by the regulator.
  • A well-known Italian manufacturer of chocolate and other confectionery products in conducting personal data gap analysis in preparation for compliance with the PRC Personal Information Protection Law and undertaking compliance work.
  • A French global automotive supplier on PRC data protection issues, including advice on conducting data mapping exercise, updating the global data privacy policies and documentation, preparing internal compliance manual for different business functions; advising on data privacy issues relating to employee monitoring or investigation.
  • One of the leading US life sciences company on numerous sensitive and highly confidential employment matters, including employee investigations and disciplinary proceedings against employees, exit of senior executives.

Pro bono

  • Assisting numerous individuals with non-refoulement claims to apply for employment visas in order to work in Hong Kong while awaiting resettlement.
  • Advising FutureGen Girls Foundation on privacy issues relating to its FutureGEN Young Women Leaders Award program.
  • Advising Mind Hong Kong Limited on employment and data privacy issues in relation to its Youth Wellbeing Practitioner Programme.

Published Work

  • 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

Leadership Positions And Professional Affiliations

Law Society, Hong Kong

Member, Hong Kong International Arbitration Centre

Member, American Bar Association

Recognition

Next Generation Partner
Legal 500

Qualifications

Admissions

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

Languages

Chinese (Cantonese), Chinese (Mandarin), English
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.