A non-compete clause aims to prevent you from joining a competitor or otherwise engaging in business that is in competition with your former employer’s business.

However, Hong Kong courts will only enforce non-compete clauses which are reasonable and which protect a legitimate interest of the employer.  Even if a non-compete clause is found to be enforceable, it may be limited or parts of it struck down to the extent it is deemed to be an overreach by the employer (e.g. it purports to prevent you from “competing” for too long, it aims to apply to a wider geographic area than necessary (like the entirety of Hong Kong), or is otherwise too broad).  Otherwise, non-compete clauses are generally void as a matter of law.  We can help you work out if you are bound by your non-compete clause, or how you can avoid the effect of this clause.

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