Legal Updates


Financial non-disclosure in divorce proceedings: consent order risk.

On 14 October 2015, the UK Supreme Court handed down two landmark decisions, Gohil and Sharland, overturning two wives’ financial settlement consent orders made in divorce proceedings due to their husbands’ deliberate non-disclosure of assets. The decisions serve as warnings to any divorcing spouse who…Read More


Legal update: Hong Kong Insolvency Law – in need of its own restructuring?

The purpose of this short note is not to conduct a detailed critique of the law in Hong Kong in this very broad and complex area but to provide a brief sketch as to certain of the challenges faced by industry professionals and what steps…Read More


Registration of foreign judgments in Hong Kong

Foreign judgments can be enforced in Hong Kong by one of two means: Through the Statutory Registration Scheme; or At common law Statutory Registration Scheme Hong Kong has signed reciprocal enforcement agreements with a number of countries, allowing for the enforcement of judgments between jurisdictions…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


Jurisdiction of divorce; what is the situation in Hong Kong?

Can I divorce in Hong Kong?  If not, why not? It is not true that just because a couple was married in Hong Kong, they could or should divorce here; where the marriage took place is irrelevant.  The circumstances immediately before the divorce are key….Read More


Legal update: Is your will your will?

Summary In a significant ruling, the UK Court of Appeal’s decision in Ilott v Mitson 2015 has ruled against the presumption that you can do with your estate what you wish. This decision has seemingly broadened the Court’s power to intervene where an adult child…Read More


Child abduction in Hong Kong: Is it ever okay?

Married parents who are contemplating a divorce often ask lawyers whether they can take their children abroad for a holiday against the will of the other parents.  The answer is no. In Hong Kong married parents have joint custody of their children.  Both parents make…Read More


Bind-over orders to rescue careers

In an increasingly regulated world, criminal convictions can destroy careers. Many people, from bankers and accountants to travel agents and holders of liquor licences are regulated by their profession or industry and are subject to a requirement by their regulator that they are ‘fit and…Read More


Beware! Is your investment product a regulated “Collective Investment Scheme”?

The Securities and Futures Commission (“SFC”) in Hong Kong regulate investments in Hong Kong, and in doing so need to keep pace with the wide variety of ways in which new investment products can be structured.  One area of regulation covers financial products which constitute…Read More


Child custody evaluation in Hong Kong – what you need to know

When tackling the challenge of divorce it is important to consider all aspects of the situation as early as possible. At Tanner De Witt we work with a range of trusted third parties in Hong Kong and caught up with Dr Kristie Craigen of The…Read More


Legal update: Indirect Discrimination in Hong Kong: claimants need to prove that they are disadvantaged and why

In the UK case of Home Office (UK Border Agency) and Shafic Essop and Others, the Court of Appeal (“CA”) decided that it is necessary for the claimant to show the reason why the provision, criterion or practice (“PCP”) which it is claimed constitutes indirect…Read More


Legal update: Tips on protecting yourself during criminal arrest and execution of search warrants in Hong Kong with proper legal representation

The Commercial Crime Bureau obtained search warrants to search our client’s two residential properties and company office in Hong Kong. The CCB carried out “dawn raids” simultaneously on all three locations. We were able to provide immediate advice and assistance. No items were seized from…Read More