+852 2573 5000
Legal Updates
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
Legal update: UK Supreme Court held no discrimination by bakery shop not producing cake with “Support Gay Marriage” message
The recent judgment handed down by the UK Supreme Court in the case of Lee v Ashers Baking Company Ltd & Others [2018] UKSC 49 (“Lee”) provided some important guidance concerning direct discrimination and how other competing rights should be weighed. In Lee, Mr. Lee…Read More
Legal update: When do judges refer matters to prosecuting authorities and regulatory bodies for consideration of criminal behaviour or regulatory misconduct?
Introduction When judges learn of a possible crime or professional misconduct during the trial of a matter, they sometimes refer the factual issues to the Secretary for Justice (“SJ”) and/or regulatory bodies for further investigation. In most cases judges do not specify whether they are…Read More
Legal update: Same sex spouses to receive dependant visas after policy reversal by Immigration Department
In its judgment handed down on 4 July 2018 the Court of Final Appeal upheld the Court of Appeal’s decision that the Director of Immigration’s exclusion of same-sex married or otherwise formalised couples from the dependant visa policy was unlawful. Effective 19 September 2018, the…Read More
Can directors recover their legal fees from their own company?
Given the complexity of today’s corporate governance, the question of whether directors can be indemnified out of the assets of their company remains a complex issue. In a hectic world where decisions are made without the benefit of hindsight, directors can find themselves the subject…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
Legal update: The New Open-Ended Fund Company Regime in Hong Kong
Introduction On 30 July 2018, the new Open-Ended Fund Company (“OFC”) regime came into operation which introduced the OFC as a new form of corporate vehicle in Hong Kong. The legal framework of this new OFC regime consists of the three main pieces of legislation:…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
Legal update: Magistrate acquitted a broker of illegal short selling on re-trial
Case background Mr Wong Hung who was licensed to carry on Type 1 regulated activity (dealing in securities) under the Securities and Futures Ordinance (Cap. 571) (“SFO”) was charged by way of summons on 20 counts of illegal short selling. The Securities and Futures Commission…Read More
Legal update: District Court and Small Claims Tribunal maximum claim values increased
Following a consultation launched by the Judiciary in August 2015, the Legislative Council passed a resolution on 27 June 2018 approving the proposed increases to the jurisdiction of the District Court and Small Claims Tribunal. The changes are slated to take effect from 3 December…Read More
