Enforcing Mainland Court Judgements in Hong Kong – Q&A General Questions on Enforcement of Mainland Court Judgments in Hong Kong 1. Can a valid judgement issued by a Mainland court be applied for enforcement in Hong Kong? Most of the effective judgements in civil and commercial matters issued by Mainland courts can be applied for...Read More

Resealing of Foreign Grant in Hong Kong Sealing or Resealing of Foreign Inheritance in Hong Kong: Overview According to section 49 of the Probate and Administration Ordinance, if a grant of representation has been obtained in a designated jurisdiction in respect of the estate of a deceased person, the Court of Hong Kong may, on...Read More

How to deal with debts between spouses in divorce proceedings? Introduction: Spousal Debts in Hong Kong Divorce Proceedings In Hong Kong divorce proceedings, a situation that often arises is that one of the spouses has incurred inter-spousal debts during the marriage for reasons such as managing assets on behalf of the other spouse or borrowing...Read More

Dispute over Control of Hong Kong Companies: Litigation on the Removal of Documents Registered with the Companies Registry Introduction: Disputes over Control of Hong Kong Companies and Removal of Company Registration Documents When the control of a company is disputed among the insiders of the company, a situation often arises where one party to the...Read More

Stay of Civil Proceedings Pending the Outcome of Another Action: Principles for the Use of the Court’s Discretion Based on Case Management In civil proceedings in Hong Kong, it is not uncommon for a party to apply to the court for a temporary stay of civil proceedings pending the outcome of another civil action or...Read More

Inheritance in Hong Kong: How can a close family member receive provision from the estate if the will does not give an inheritance? In Hong Kong inheritance, the general legal principle is that if the deceased has left a valid will, the principle of testamentary freedom should be followed, and the estate should be distributed...Read More

Inheritance of Mainland Inheritance by Hong Kong Residents: Q&A What are the methods for Hong Kong residents to inherit from the Mainland? There are two ways for Hong Kong residents to inherit an estate in the Mainland: one is to establish the right of inheritance and process the inheritance by means of notarisation by a...Read More

Hong Kong Civil Litigation: How to challenge the authenticity of documentary evidence? As a lawyer who has been engaged in Hong Kong civil litigation and Mainland-Hong Kong cross-border civil litigation for a long period of time, it is common for one party to challenge the authenticity of documents produced by the other party in civil...Read More

Hong Kong Divorce Litigation for Property Settlement and Alimony: Adoption of the Losing Party’s Fee Principle for Solicitor’s Fees In Hong Kong divorce proceedings for division of property and maintenance, is the principle of the losing party paying the winning party’s legal costs applicable to the final legal costs in civil litigation cases in general?...Read More

Surrogacy, Application for Parent Order and Permanent Right of Abode in Hong Kong I. Surrogacy and the Laws of Hong Kong on Paternity Relationships Who is the legal mother of the child in a surrogacy relationship? Under section 9 of the Parent and Child Ordinance (Cap. 429), the woman who carries the child (i.e. the...Read More

Hong Kong Marriage (including prenuptial) Property Agreements: Q&A What is a matrimonial (or prenuptial) property agreement and what does it usually contain? A matrimonial (or prenuptial) property agreement is an agreement made between the parties to a marriage, either before or after the marriage, which sets out the system and arrangements for the vesting of...Read More

Division of Property in Hong Kong Divorces: Typical Cases of Property Distribution Yau & Cheung, [2023] HKFC 169 The main asset was a Hong Kong property in the name of the husband, which the husband inherited. The husband lived separately in Shenzhen and Hong Kong for 6 out of the 7 years of the marriage,...Read More

Divorce Property Settlement in Hong Kong: How to deal with Matrimonial Property Agreements in Divorce Proceedings? Pursuant to the decision of the Hong Kong Court of Final Appeal in SPH v SA [2014] HKEC 957 (FACV No. 22 of 2013), the Hong Kong courts have formally established that they follow the legal position of the...Read More

Division of Hong Kong Divorce Estates: Trustee Actions involving Third Party Interests in Matrimonial Assets Common Types of Trusts for Matrimonial Assets A common type of dispute in divorce proceedings in Hong Kong is where a party to a matrimonial action claim that the nominal holder of the matrimonial assets is not the same as...Read More

The Application of the Principle of Illegality in Cross-Border Currency Exchange Litigation in Hong Kong In civil proceedings in Hong Kong, it is often the case that a party claims that a contract or its performance involves a breach of Mainland law (the most common being cross-border currency exchange in breach of the Regulations of...Read More

Asset Recovery in Hong Kong Fraud Cases: Q&A – What are the most common types of fraud in Hong Kong? Common types of frauds in Hong Kong include email frauds, telephone frauds, CEO frauds, fake investment platform frauds, London gold frauds, loan frauds, etc. – What does a victim do immediately after being scammed? After...Read More

Legal Opinion on Company Compliance in Hong Kong I. Listing of Mainland Companies – Compliance Opinions for Hong Kong Affiliated Companies In the process of listing or listing on the National Equities Exchange and Quotations (NEEQ) of the Mainland, the listing documents will need to disclose the main body, existence and legality of all overseas...Read More

Civil Procedure in Hong Kong: An Overview Hong Kong civil procedure involves many aspects and is relatively complex. This article provides an introduction to the main aspects of Hong Kong’s civil procedure. It is not intended to be complete or exhaustive but is intended to give the reader an overview of the main aspects of...Read More

Trust and Nominee Holding of Shares in Hong Kong Companies: Law and Practice In my long-time practice as a Hong Kong solicitor and as a Mainland solicitor, I have dealt with a relatively large number of legal matters relating to nominee shareholding in Mainland companies and nominee shareholding in Hong Kong companies, and I would...Read More

How to Apply Mortgage of Stocks for Hong Kong Listed Companies?? Overview of Mortgage of Stock of Hong Kong Listed Companies As a Hong Kong lawyer dealing with cross-border legal matters, I often come across situations where Mainland individuals or enterprises borrow money from Mainland or Hong Kong financial institutions, and the shares of Hong...Read More