Legal Updates

31Mar2020

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

30Mar2020

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

25Mar2020

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

23Mar2020

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

20Mar2020

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

18Mar2020

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

17Mar2020

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

16Mar2020

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 Personal Data Privacy and Cybersecurity practice group of Tanner De Witt reviews. The data breach The data…Read More

13Mar2020

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

06Mar2020

Recognition of paternity in Hong Kong: Parentage 1 of 2

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

04Mar2020

Hong Kong’s High Court rules Government’s discrimination against same-sex couples in public housing policy unconstitutional

In a decision handed down today the High Court has ruled that the Hong Kong Housing Authority (“HA”)’s exclusion of same-sex couples from eligibility for public housing as “Ordinary Families” is unlawful and unconstitutional. Background Applications to the HA for public housing are available to…Read More

24Feb2020

When Can The Public Register Of A Company Be Corrected?

What can be done if the public register of a company with the Companies Registry in Hong Kong is incorrect? Carol Ling from the Corporate Commercial practice group of Tanner De Witt reviews some of the guiding principles. This can be an important issue. What…Read More