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Family Law
Legal update: Who is entitled to organise a funeral?
When someone dies, who is entitled to claim the body and to organise the funeral？ This question was raised in the case of Re Estate of Lu Han Lung [2010] 3 HKLRD 651. In that case, the wife and eldest son of the deceased wanted…Read More
Expats and divorce in Hong Kong
Where to Divorce: Home or Hong Kong? Some families arrive in Hong Kong from overseas and enjoy the adventure of being in a new place, throwing themselves into new activities and meeting new friends. Others arrive and the changes they face crack what is already…Read More
Popping the question and sealing the deal: nuptial agreements since SPH
The Court of Final Appeal endorsed nuptial agreements in Hong Kong, in SPH v SA (2014) 17 HKCFAR 364, [2014] HKCFA 56. “Full weight” should now be given to a pre or post nuptial agreement, provided that it was not vitiated in some way, provided…Read More
Legal update: Home alone in Hong Kong
At what age can children stay at home without parental supervision? In Hong Kong there is no clear-cut rule identifying the age at which a minor child can remain in the home unsupervised. Asia Times reported in January 2018 that a mother was arrested after…Read More
New Arrangement for Application for Leave to Appeal in the Family Court
The Court of Appeal has made several suggestions to improve the processing time of filed appeals in the Family Court. This has resulted in the adoption of the New Arrangement for Application for Leave to Appeal in the Family Court (“NAAL”), which is summarised below:…Read More
Shortlisted in The Macallan ALB Hong Kong Law Awards 2018
Tanner De Witt is pleased to be shortlisted for five awards at The Macallan ALB Hong Kong Law Awards 2018 to be held in Hong Kong on Friday 7 September. We have been shortlisted for: Restructuring and Insolvency Law Firm of the Year; Dispute Resolution Boutique Law Firm…Read More
Q&A with Samantha Chu – Matrimonial Lawyer
Samantha obtained her BA from The University of British Columbia and her PCLL from The City University of Hong Kong. Samantha joined Tanner De Witt in September 2017 after completing her training at a renowned matrimonial law firm in Hong Kong. Why did you choose…Read More
Reciprocal recognition and enforcement of judgments on matrimonial and related matters
Introduction Hong Kong and Mainland China have entered into a new arrangement on the reciprocal recognition and enforcement of civil judgments in matrimonial and family cases (the “Arrangement”) on 20 June 2017. The Arrangement is a significant step to providing clearer legal protection for relevant…Read More
Legal obstacles to surrogacy remain in Hong Kong
Surrogacy is becoming an increasingly popular option for families hoping to start a family in Hong Kong. The acceptance of non-traditional family structures, increased access to reproductive technologies and cheaper international travel mean that surrogacy is no longer always altruistic, and it is less frequently…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
The Hague Convention and child abduction cases in Hong Kong
Objectives of the Convention The Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) is given effect in Hong Kong by the Child Abduction and Custody Ordinance (Cap. 512) (“CACO”). The Convention, and more specifically in Hong Kong CACO, are being invoked…Read More
Legal update: Is your will your will?
Ilott v Mitson [2017] UKSC 17 – update Background This case was previously featured in a post entitled “Is your will your will?“. The case concerned the Will left by a Mrs. Jackson after her death in June 2004. Mrs. Jackson was survived by her only…Read More
