Legal update: Show me the money: specificity, credibility, and the fraud exception

The last five years have seen a massive increase in cyber fraud in Hong Kong and a corresponding growth in cases being brought before the Hong Kong Courts to trace and recover the proceeds. Fraud victims appreciate prompt recovery, but are often frustrated by ‘bona…Read More


High Court applies wardship to plug legal gap created by Hong Kong’s surrogacy legislation

In a pathbreaking decision the High Court has used the inherent wardship jurisdiction to fill a hole in Hong Kong’s family law that threatened to leave it without the ability to regulate children’s upbringing: S v J (Director of Immigration intervening), HCMP 1857 of 2016,…Read More


Tanner De Witt celebrates Dress Pink Day 2017

The Tanner De Witt offices were a dazzling display of pink today as our staff donned pink costumes, headpieces, socks and handbags in support of Dress Pink Day. What is Dress Pink Day? On Dress Pink Day, people across Hong Kong wear pink to raise…Read More


Legal update: Is a genuine belief that an underage victim is over 16 a defence to an indecent assault?

Update: On 9 May 2018, the Court of Final Appeal (“CFA”) overruled the decision of the appellate judge. Read our update posted on 24 May: Court of Final Appeal’s answers on the issue of establishing a defence to indecent assaults on underage victims In a recent magistracy appeal…Read More


Jeff Lane to speak at Asset Tracing and Recovery Forum in London

Tanner De Witt Partner Jeff Lane will participate in the panel session “Spotlight – Cyber Fraud” at the Asset Tracing and Recovery Forum, Tuesday 31 October at Grange Tower Bridge Hotel London. Also on the panel are Michael Coonan (Partner, McCann Fitzgerald), Sophie Eyre (Partner, Bird &…Read More


Legal update: Keeping your child secure during a divorce

This article was contributed by Dr. Monica Borschel of MindnLife. During a divorce, parents might experience intense emotions towards the other estranged parent.  Often, unknowingly, one of the parents emotionally harms a child during and after the separation.  For your child’s emotional and social well-being,…Read More


SFC announces full roll-out of Manager-In-Charge regime

In January this year, we wrote about upcoming changes to the Manager-In-Charge Regime. It was announced then that Managers-In-Charge (MIC) of eight core functions should have applied for approval to become Responsible Officers (ROs) by 16 October 2017. In addition, licensed corporations and corporate licence…Read More


IFLR once again lauds Tanner De Witt’s Insolvency and Restructuring practice

We are elated to announce that world renowned law firm guide IFLR 1000 has once again awarded a Tier 1 ranking to our Insolvency and Restructuring practice for its 2018 edition. Two other practice areas in our firm gained recognition: Financial Services Regulatory and Corporate, with…Read More


Halfway house in criminal strict liability offences

Many Ordinances in Hong Kong contain offences to regulate issues of social concern such as public safety in the provision of goods and services. These offences are commonly drafted without the prosecution having to prove any intention or ‘mens rea’ of the Defendant to commit…Read More


Legal update: New apology legislation for Hong Kong

An apology can assist in the restoration of trust between parties in all kinds of dispute and certainly encourage settlement in disputes which have already escalated to Court action. The most obvious cases are disputes containing elements of ‘damage to feelings’ such as defamation, personal…Read More


Legal update: Can a litigant in person be represented by an unqualified person?

Parties to legal proceedings in the Hong Kong Courts are entitled to represent themselves. When they do, they are referred to as Litigants in Person (LIP). The court also has inherent jurisdiction to permit a LIP to receive assistance from, or be represented by, an…Read More


Legal update: SFC bans investment consultant for four months for taking client orders on an unrecorded mobile phone

The Securities and Futures Commission announced yesterday that Mr Xu Tao, a former investment consultant of China International Capital Corporation Hong Kong Securities Limited (CICC), has been banned from trading for four months. Mr Tao had used his mobile phone and WeChat messaging application to…Read More