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Legal Updates
Separate representation of children in court proceedings in Hong Kong
At common law, children (in Hong Kong being persons below the age of 18 years old) do not have the capacity to initiate or participate in civil proceedings (Order 80 rule 2 of the Rules of the High Court (Cap. 4A)). However, family law proceedings…Read More
COVID-19 and the Competition Ordinance
In light of the recent COVID-19 outbreak, the Competition Commission (“Commission”) issued a press release on 27 March 2020 on the application of the Competition Ordinance (Cap 619) (“Ordinance”) in terms of the supply of critical goods and services in Hong Kong. The Commission recognises…Read More
Family Violence and COVID-19 – what to do about family violence while isolated at home
As a result of the COVID-19 pandemic and in observance of recommendations made by the World Health Organisation (“WHO”) and governments around the world billions of people are under mandatory quarantine or isolation, or are self-quarantining or self-isolating at home to stem the tide of…Read More
To Will or not to Will
The matter of preparing a will is deeply personal and one that many individuals postpone until they are well into their years. Often we are asked when an individual should have a will in place. Taking a moderate approach, any person who is married (with…Read More
Video: COVID-19 Hong Kong employer and employee concerns and considerations
Please enjoy the Dutch Chamber of Commerce in Hong Kong‘s video of partner Russell Bennett‘s session from its first webinar. Technical note: during the first 20 seconds of this video there is an echo in the audio due to a recording conflict. The audio for the rest…Read More
Relocation applications: I want to relocate permanently from Hong Kong with my children but my former spouse will not consent
There comes a time for many when it is time to bid a fond farewell to Hong Kong. For divorced families, this can be problematic as orders on children’s arrangements will usually include a direction that a child may not be removed from Hong Kong…Read More
Executing contracts: do we really need pen and paper?
As more and more consumers buy their everyday products and services online, it is also increasingly common for parties to execute their more formal business contracts – loan agreements, distribution agreements, share purchase agreements etc. – electronically. Either by signing printed copies in counterparts and…Read More
Legal update: Reciprocal Enforcement of Arbitral Awards between Hong Kong and Mainland China
Pre-1997 Pre-1997, the mutual enforcement of arbitral awards between the Mainland and Hong Kong was carried out by way of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The convention ceased to apply once Hong Kong became a Special Administrative…Read More
Inland Revenue Department confirms same sex marriages recognised as valid for stamp duty purposes
Following enquiries from its members the Law Society on 10 March 2020 received confirmation from the Inland Revenue Department (“IRD”) that same sex marriages will be recognised by the IRD as valid marriages for the purposes of the Stamp Duty Ordinance (Cap. 117). Same sex…Read More
Why the Privacy Commissioner in Hong Kong will soon have fining powers
The Information Commissioner’s Office (ICO) in the UK has fined Cathay Pacific GBP£500,000 for failing to protect the security of its customers’ personal data. Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt reviews. The data breach The data breach was…Read More
Should I get a divorce? The legal and financial implications behind remaining married but separated
Making the decision to divorce is often not an easy one. There are many reasons why married couples may opt to separate rather than progress legal proceedings to divorce. Whether it is for religious reasons, a desire to maintain the status quo and a family…Read More
Recognition of Paternity in Hong Kong
Under Hong Kong family law, a man is presumed to be the biological father of a child if he is married to the woman who gave birth to the child. As this circumstance accounts only for some of the circumstances of the birth of a…Read More