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The Non-Compete Agreement is essential for businesses operating in Hong Kong seeking to protect their legitimate interests, including trade secrets, customer relationships, and confidential information. This document is typically used when onboarding senior employees, key personnel, or contractors who will have access to sensitive business information or significant customer relationships. The agreement must be carefully drafted to comply with Hong Kong common law principles, which require restrictions to be reasonable in terms of duration, geographical scope, and prohibited activities. It's particularly important in industries with high employee mobility or where intellectual property and customer relationships are crucial to business success. The document should balance the employer's need to protect its business interests with the employee's right to work, ensuring enforceability under Hong Kong's legal framework.

1. Parties: Identification of the employer and employee/contractor bound by the agreement

2. Background: Context of the agreement, including the employment relationship and legitimate business interests being protected

3. Definitions: Key terms including 'Confidential Information', 'Competitive Business', 'Restricted Period', 'Restricted Area', and 'Restricted Activities'

4. Non-Compete Obligations: Core restrictions on competitive activities, including temporal and geographical scope

5. Non-Solicitation of Customers: Restrictions on approaching or dealing with existing customers

6. Non-Solicitation of Employees: Restrictions on hiring or attempting to hire company employees

7. Confidentiality Obligations: Obligations regarding confidential information and trade secrets

8. Acknowledgment of Reasonableness: Employee's acknowledgment that restrictions are reasonable and necessary

9. Duration and Geographic Scope: Specific timeframes and geographical boundaries of restrictions

10. Remedies: Available remedies including injunctive relief and damages

11. Governing Law and Jurisdiction: Specification of Hong Kong law and courts' jurisdiction

12. Severability: Provision for partial enforcement if any clause is found invalid