Service in Hong Kong Civil Cases (including Extra-territorial Service) – Relevant Cases and Legal Principles Return of service, evasion of service Defendant directed documents to be returned, evaded service, deemed service valid: Mammy Pancake Co Ltd v Carla Day Ltd (No 2), HCA 1044/2021, 16 May 2025; Document returned unopened to evade service, deemed service...Read More
How different is the experience of litigation in Mainland vs. Hong Kong? Cross-Border Litigation Lawyer: Mainland-Hong Kong Court Sessions Before practicing as a Hong Kong lawyer in Hong Kong, I practiced civil and commercial litigation in the Mainland for many years, and I have held court sessions in the high courts, intermediate courts, grassroots people’s...Read More
Limitation of Time in HK Civil Litigation: Q&A General Questions on Limitation of Civil Actions in Hong Kong 1. What is the law governing the limitation of civil proceedings in Hong Kong? The main ones are the Limitation Ordinance and the principles set out in common law cases as to their application. 2. When does...Read More
Hong Kong Fraud Litigation: Piercing the Corporate Veil to Sue Directors Fraud case Litigation in Hong Kong and Corporate Veil In fraud litigation in Hong Kong, a common challenge is that a Hong Kong company involved in fraud, or directly receiving fraudulent funds, has transferred its assets away by the time victims initiate civil...Read More
Utilizing Hong Kong’s Evidence Discovery to Assist in Mainland Divorce Property Division Litigation Mainland Divorce, Transfer of Matrimonial Assets to Hong Kong One of the difficulties that lawyers have been encountering in Mainland divorce proceedings on the division of joint marital property is the transfer of assets to Hong Kong by one of the parties...Read More
Admissibility in Hong Kong Civil Proceeding of Facts Finding Made by Another Court Judgement Inadmissibility of Facts Finding in Earlier Proceedings: Hollington Principle Under the common law rules in Hong Kong, a judgment and factual finding of another court or tribunal in earlier proceedings, whether civil or criminal, is inadmissible in subsequent proceedings, unless the...Read More
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
Civil Litigation in Hong Kong: Tracing, Freezing and Recovering Cryptocurrency in Fraud Case ? As legal practitioners practising in the area of fraud assets recovery in Hong Kong, we find that in recent days it often happens that the victims of the frauds were decepted to transfer cryptocurrency assets to accounts designted by the scammers....Read More
Recovery of Fraud Assets: Litigation in HK, Enforcement in Mainland China Beneficiary Bank Account Holders in Hong Kong Telecommunications Fraud Cases In a large number of civil litigation cases of Hong Kong cyber fraud handled by our firm, obtaining the identity of the holder of the recipient bank account who received the fraudulent payment by...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
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
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
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
Statement of Truth in Hong Kong litigaiton Function of a Statement of Truth in Hong Kong Legal System According to Order 41A of Rules of the High Court/ District Court and Practice Direction 19.3, a pleading in a civil litigation, a witness statement, an expert report and any other document in Hong Kong that requires...Read More
Email Hacking Fraud Litigation in Hong Kong Email Hacking Fraud case in Hong Kong Email Fraud litigation cases is not rare in the Hong Kong Courts. As a law firm focusing on cross-border legal matters, we have handled different kinds of fraud cases, such as financial fraud, trading fraud and other kinds of fraud cases...Read More
Third Party Evidence Discovery by Norwich Parmacal Order in Hong Kong Litigation What is Norwich Pharmacal Order? Norwich Pharmacal Order (Third Party Disclosure Order) is a common law legal remedy that is commonly used in the recovery of fraudulent funds, trademark patent infringement or other tort cases. Taking the recovery of defrauded funds as an...Read More
Enforcement of Mainland Judgments in Hong Kong: An Overview of Common Law Enforcement Methods As a Hong Kong law firm that handles Mainland-Hong Kong litigation, we have handled many cases for enforcement of Mainland judgments in Hong Kong. The most commonly used method for enforcing a Mainland judgment in Hong Kong is through the common...Read More