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Legal Updates
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
The importance of wills upon marriage or divorce
One of the most challenging tasks of a family lawyer is convincing clients to insure against the unknown. In the chaos of going through a divorce with a long list of issues concerning children and money matters in the queue for resolution the human mind…Read More
Residence as a dependant in Hong Kong during and after divorce FAQs
In our matrimonial work with families of international backgrounds in Hong Kong, we are often asked to assist in matters of dependants visas for spouse and children. We generally advise clients to pay attention to the timing of matters especially in the context of a…Read More
Getting married outside Hong Kong
There is an increasing trend amongst residents of Hong Kong to get married abroad. If you are planning a wedding outside Hong Kong, you should pay attention to whether your marriage celebrated overseas is recognised as a legal marriage under Hong Kong law. This depends…Read More
