The effect of divorce on the children of the marriage, especially children of tender years, is deeply felt, and most of such children desire that they could continue to be protected and guided by both parents. In Hong Kong, the usual options for custody orders, as between parents, are (1) sole custody, (2) joint custody,...Read More
Many clients, when dealing with divorce, have questions on removal of the Children of Family out of jurisdiction of Hong Kong. Removing children out of Hong Kong might have the effect of actually depriving the other parties’s access to the Child, and also might acutally depriving the Hong Kong court’s jurisdiciton to exercise control on...Read More
Statement of Truth in Hong Kong litigaiton According to Order 41A of Rules of the High Court/ District Court and Practice Direction 19.3, a pleading in a civil litigation, a witness statement, an expert report and any other document in Hong Kong that requires verification by a statement of truth under any other provisions of...Read More
Email Fraud Litigation in Hong Kong Email Fraud litigation cases is not rare in the Hong Kong Courts. As a law firm focusing on cross-border legal matters, we have handled different kinds of fraud cases, such as financial fraud, trading fraud and other kinds of fraud cases including email fraud cases. Benefiting from the convenient...Read More
What is Norwich Pharmacal Order? Norwich Pharmacal Order (Third Party Disclosure Order) is a common law legal remedy that is commonly used in the recovery of fraudulent funds, trademark patent infringement or other tort cases. Taking the recovery of defrauded funds as an example, in various e-mail fraud, financial fraud, investment scam and other cases...Read More
Disputes on the jurisdiction in divorce proceedings Hong Kong is a true international city with a large number of residents from Mainland China, Taiwan, the United States, the United Kingdom, Europe, South Asia, Japan, South Korea and other places. Therefore, divorce cases in Hong Kong often involve cross-border and international elements. An important issue in...Read More
Enforcement of Mainland Judgments in Hong Kong: An Overview of Common Law Enforcement Methods As a Hong Kong law firm that handles Mainland-Hong Kong litigation, we have handled many cases for enforcement of Mainland judgments in Hong Kong. The most commonly used method for enforcing a Mainland judgment in Hong Kong is through the common...Read More
Inheritance Claims Time Limits Different issues regarding inheritance involves different time limits. According to section 21 of Limitation Ordinance (Cap. 347), “no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought...Read More
Disclosure of Assets in Hong Kong Matrimonial Litigation: Introduction In Hong Kong matrimonial litigation, assets disclosure operates mainly through filing of assets disclosure form (Form E) into the Court by both parties. Both parties have obligation to honestly and accurately disclose their financial status and documents such as their own property, incomes, assets and liabilities....Read More
Loco London Gold Fraud in Hong Kong In receent years, Loco London Grold Fraud case happens often in Hong Kong. Many potential investors are induced by mispresentation and false promise of high return to invest in so-call Loco London Gold or other precious metal, which later proves to be frauds. Victims locate all over the...Read More
In previous articles, I have introduced the law on the division of matrimonial assets and provision of maintenance in matrimonial cause proceedings. In this article, I would discuss Maintenance Pending Suit applications. What is Maintenance Pending Suit (“MPS”) Under Hong Kong’s legal system, divorce litigation which involves children, maintenance and financial disputes usually requires at...Read More
What is Without Prejudice Correspondence? The nature and application of without prejudice correspondences are by no means strange to lawyers in common law jurisdictions. Without prejudice communication is a branch of the law of evidence. Its primary purpose is to facilitate settlements in civil proceedings. Inadmissibility of Without Prejudice Documents Therefore, if a party to...Read More
Regarding the Caveat Proceedings, according to the Non Contentious Probate Rules (Cap 10A) and the Guide to Non Contentious Probate Practice issued by the Hong Kong court, a person who oppose the issuing of a grant regarding a deceased’s estate can file a document named Caveat to the court for record of his objection. What...Read More
In the ever increasing commercial intercourses between Hong Kong and the Mainland China, many of the related agreements are governed by Hong Kong law instead of the PRC law, despite that quite a lot of such agreements are largely performed in the Mainland China. The reasons for this may be that the contracting parties (or one...Read More
Many people regard “sorry” as the hardest word to say, yet it has been proven to be effective in helping settle disputes. Yet, overcoming the emotional barrier to utter the word is one thing, and getting around of the legal consequence is another. Fortunately, in Hong Kong, the Apology Bill was enacted on 13 July...Read More
With the governments of Hong Kong and Australia kicking off the negotiations for a free trade agreement in April 2017, which aims at further strengthening the already vibrant trades between the two regions, trading volume is bound to explode following conclusion of the bilateral treaty. With the explosion in trades also, unfortunately, will come the...Read More
Hong Kong litigation lawyers- Security for costs As a Hong Kong litigation lawyer, we often need to expain to explain to a client what is meant by security for costs. When the client is a non-Hong Kong resident or company which is a plaintiff in a lawsuit, one of the problems immediately arises after filing...Read More
Legal Costs in Hong Kong Litigation: Kinds of Legal Costs Involved As a litigation solicitor in Hong Kong, when taking a new litigation case, I need to explain to the client in details what kind of expenses are to be expected as well as the calculation method. In the following passage, I will introduce to...Read More
