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Is a hand written signed will without witnesses valid?
Recently, I have been asked if we can obtain a grant of representation based on a will hand-written and executed by the testator but without the formal requirements of having two witnesses signing at the same time. Incidentally, a decision in the recent case of…Read More
Don’t neglect your visa expiry date: the serious consequences of overstaying in Hong Kong
In this article, we discuss the consequences of overstaying your visa in Hong Kong. In a related article (An Overview of 3 Common Immigration Offences in Hong Kong – Overstaying, Making False Representation and Employment of Illegal Workers (tannerdewitt.com)), we discussed the law relating to…Read More
Foreign plaintiffs must pay security for costs? Not always.
Tanner De Witt secures victory for a foreign plaintiff against defendant’s intended appeal to Court of Appeal, following defeating a claim for security for costs In the decision handed down by The Honourable Mr Justice Wilson Chan on 20 October 2023 in XY, LLC v…Read More
VATP regulation in Hong Kong: The transitional arrangements
The regulation of virtual asset trading platforms (VATP) was introduced in Hong Kong at a time when a number of these trading platforms were already operating in Hong Kong. The Securities and Futures Commission (SFC) has helpfully outlined a roadmap to facilitate those businesses, or…Read More
To Join or Not to Join – Navigating the Complexities of Beneficial Interests in Divorce Proceedings
Divorce, an intensely personal affair, extends its ramifications beyond the couple involved, touching the lives of family members and friends alike. This repercussion becomes even more profound when one spouse assumes the role of a trustee for assets or when matrimonial assets are held in…Read More
Background check: Seeking a Certificate of No Criminal Conviction in Hong Kong and the rehabilitation of offenders with a criminal record
Hong Kong is a sophisticated First World city with huge finance and professional service industries. This often leads to enquiries concerning the proof of individuals’ backgrounds. However, the system in Hong Kong for proving a clear criminal record is not easy or convenient to use,…Read More
PCPD joins international efforts to scrap scraping
In this legal update, we report that the Privacy Commissioner for Personal Data in Hong Kong (“PCPD”) has joined with eleven other privacy authorities across the globe to issue a joint statement on 24 August 2023 calling for awareness and action from social media platforms…Read More
Bankruptcy overturned – can I have my money back please?
Where a bankruptcy order is set aside after a successful appeal by the debtor, who should be liable for the fees and expenses of the trustees in bankruptcy (whether the Official Receiver (as provisional trustee) or trustees appointed by the creditors)? Should such fees and…Read More
Hong Kong Court Upholds a Jurisdictional Challenge to an Arbitral Award Based on Newly Introduced Evidence of Market Manipulation
In an important recent decision, the Hong Kong Court of First Instance upheld a jurisdictional challenge to an arbitral award in R v A, B and C [2023] HKCFI 2034. The jurisdictional issues concerned a third party (“Ma”) who sought to replace the claimant (“Rise”)…Read More
The Global Legal Post: Commercial Litigation and Cross-border Enforcement in Hong Kong
This article was initially published by The Global Legal Post. 1 . What is the structure and organisation of local courts dealing with commercial claims? What are the main procedural rules governing commercial litigation? The Basic Law of Hong Kong (HKBL) is the constitutional document…Read More
ALB Forum: All About the Money
In recent years, the traditional pricing arrangement between a law firm and a client has been increasingly challenged by requests for alternative frameworks, while the turbulent economic environment has further squeezed budgets on legal spending. Law firms in Asia share what they have experienced with…Read More
Notice-ably Wrong: The Importance of Proper Notice in Arbitration Proceedings
What difference can a “t” make? Apparently, a lot. In a Hong Kong Arbitration Society arbitration, the Claimant served its Notice of Arbitration (NoA) on the Respondent using [email protected] instead of [email protected] (the Respondent’s email for service under the relevant contract). That difference was sufficient…Read More
