Joanne Brown
Court of Final Appeal: Government must provide alternative means of recognising same-sex partnership
On 5 September 2023, the Court of Final Appeal in Sham Tsz Kit v Secretary for Justice [2023] HKCFA 28 ruled that the absence of alternative means of legal recognition of same-sex relationships in Hong Kong amounts to a violation of the constitutional right to…Read More
Forced marriages and the law of invalid consent recently examined in RM v AY [2023] HKCU 1398
The freedom to marry a partner of our choosing is a constitutional right. The Hong Kong Bill of Rights states “No marriage shall be entered into without the free and full consent of the intending spouses” (Article 19). Yet, forced marriages do happen in Hong…Read More
Protecting Minors – Wards of the Court: Who, what, when and why?
The term “Ward of the Court” is one which sounds archaic. In a way, it is. The origins stem from feudalism in the Middle Ages in England when the Crown was given rights to exercise powers and duties over orphaned children whose father owned land. …Read More
Tanner De Witt’s Family Practice ranked and Joanne Brown recommended as Family and Divorce Lawyer in 2023 Doyle’s Guide Hong Kong.
We are delighted to share that Joanne Brown, Partner, and Head of the Family Practice at Tanner De Witt, has once again been recommended in Doyle’s Guide Hong Kong as the “Leading Family & Divorce Lawyer” of 2023. Tanner De Witt is also honoured to…Read More
What happens to my jewellery in a divorce? A simple guide on how valuable personal items are distributed during a divorce proceeding
In divorce, what will happen to my personal valuables such as my jewellery, watches, bags? Spouses are often concerned with whether they can keep their personal valuables upon divorce. Will I keep my engagement ring? Will I have to sell my watches, jewelleries or luxury…Read More
Is a pre-nuptial agreement an act of love?
We have clients who come to us seeking advice on the process and substance of a pre-nup. Often they haven’t discussed this in any real detail save perhaps they have some pre-marital wealth they wish to ring-fence or a desire to keep extended family wealth…Read More
Children Mental Health Awareness Week – Let’s Connect: Steps to minimise the impact of separation and divorce on a child
The past week was Children’s Mental Health Week in the UK with the theme of “Let’s Connect”. I was fortunate to attend a school event designed to bring this to the attention of parents and was interested to hear from an esteemed panel of Hong…Read More
“No-Fault Divorce” in England: should Hong Kong follow suit?
2022 was a big year for divorce law in England & Wales. With the introduction of the Divorce, Dissolution and Separation Act 2020 coming into force on 6 April 2022, anyone seeking to petition for divorce or dissolution of marriage no longer has to apportion…Read More
Transgender appellants win appeal in Q, Tse Henry Edward v Commissioner of Registration [2023] HKCFA 4
The Court of Final Appeal handed down a landmark ruling that a policy on HKID card amendment adopted by the Commissioner of Registration was unconstitutional. The Commissioner of Registration adopts a policy which requires individuals to have completed full sex reassignment surgery if they seek…Read More
Arrest of juveniles
What will happen if your children or child is arrested by the police? An overview of the rights of juveniles under arrest. Introduction We often hear of arrest of youngsters in Hong Kong. In this article, we briefly discuss how the legal system processes those…Read More
Substantial connection in jurisdictional matters – no separate test applied to parties without family in Hong Kong says the Court of Appeal in JQ v CLH CACV 350/2021
On 27 May 2021, His Honour Judge I Wong dismissed the Husband’s challenge against Hong Kong having jurisdiction over the Wife’s divorce petition. The Husband appealed. CACV 350/2021 was heard before Hon Chow JA, Hon Barma and Chow JJA in the Court of Appeal. The…Read More
The Chambers and Partners Greater China Region 2023 rankings are announced
Tanner De Witt is delighted once again to be recognised by Chambers & Partners in their inaugural 2023 Greater China Region Guide for each of its main practice areas. Please see full results and editorial commentary below. Corporate/M&A: Independent Hong Kong Firms (Band 2)Full ranking here. Tanner…Read More