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
Applying to the court for personal bankruptcy of the debtor is one of the effective methods for debt recovery in Hong Kong. If the debtor is adjuciated bankrupt by the court, it will have serious consequences for the debtor and his property. As an international city, many non-Hong Kong residents also own property, engage in...Read More
Cross-Border Litigation Lawyer: Mainland-Hong Kong Court Sessions Before I came to Hong Kong to study and practise as a Hong Kong lawyer, I had been practising civil and commercial litigation in the Mainland for many years, and had held court sessions in the high courts, intermediate courts, basic people’s courts and tribunals of many places...Read More
Recover Assets in Loco London Gold Fraud in Hong Kong In recent years, Loco London Gold Fraud case happens often in Hong Kong. Many potential investors are induced by mispresentation and false promise of high return to invest in so-call Loco London Gold or other precious metal, which later proves to be frauds. Victims locate...Read More
Mareva Injunction – Pulse Bombs in Civil Litigation in Hong Kong In the modern military, the role and power of pulse bombs is beyond doubt. It can instantly paralyse an enemy’s electronic equipment and render them incapable of combat. In common law jurisdictions, a Mareva Injunction is similar to a Pulse Bomb in that it...Read More
Without Prejudice Letter – A Shield As Well As A Sword In Settlement Negotiation What is Without Prejudice Correspondence? The nature and application of without prejudice correspondences are by no means strange to lawyers in common law jurisdictions. Without prejudice communication is a branch of the law of evidence. Its primary purpose is to facilitate...Read More
Application of Hong Kong Law Is No Panacea In the ever increasing commercial intercourses between Hong Kong and the Mainland China, many of the related agreements are governed by Hong Kong law instead of the PRC law, despite that quite a lot of such agreements are largely performed in the Mainland China. The reasons for this...Read More
Many people regard “sorry” as the hardest word to say, yet it has been proven to be effective in helping settle disputes. Yet, overcoming the emotional barrier to utter the word is one thing, and getting around of the legal consequence is another. Fortunately, in Hong Kong, the Apology Bill was enacted on 13 July...Read More
1. The Categories of Costs in Interantional Arbitration There are mainly two categories of costs in international arbitration: (1) Cost of the reference, namely, the legal costs, expert costs and witnesses costs etc., which borne by each party respectively; (2) Costs of the award, mainly refers to the fees of arbitrators (the arbitral tribunal). (1) Cost of...Read More
The Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill (“Bill) was passed by Hong Kong’s legislature on 14 June 2017, following recommendations in the Law Reform Commission’s Report in October 2016. The Bill, expected to come into effect later this year, seeks to change the outdated (if not antiquated) common law doctrine of maintenance...Read More
With the governments of Hong Kong and Australia kicking off the negotiations for a free trade agreement in April 2017, which aims at further strengthening the already vibrant trades between the two regions, trading volume is bound to explode following conclusion of the bilateral treaty. With the explosion in trades also, unfortunately, will come the...Read More
Enforcement of Mainland Judgement in Hong Kong – Case Updates HCMP 2080/2015 In 2015, I wrote an article entitled ‘If a Mainland Court Judgement is to be Run in Hong Kong’, which introduces two methods of enforcing a Mainland court judgement in Hong Kong. One method is by way of civil judicial assistance between the...Read More
Hong Kong litigation lawyers- Security for costs As a Hong Kong litigation lawyer, we often need to expain to explain to a client what is meant by security for costs. When the client is a non-Hong Kong resident or company which is a plaintiff in a lawsuit, one of the problems immediately arises after filing...Read More
Issue Esptopel Principle – A Ground for Refusing to Enforce An International Arbitral Award? Introduction to the issue The recent UK High Court case of iag Human SE v The Czech Repblic [2014] EWHC 1639 (Comm) has sparked interest and debate in the international arbitration community over Issue Esptopel. In that case, the High Court...Read More
Hong Kong Arbitration Case (1): Contractual Place of Arbitration ‘China’ = ‘Hong Kong’? Briefing on the case of Z v A & ORS in the CFI Case name: Z v A & ORS – [2015] 2 HKC 272 Facts of the case The parties had contractually agreed that the ICC Arbitration Rules would apply to...Read More
Legal Costs in Hong Kong Litigation As a litigation solicitor in Hong Kong, when taking a new litigation case, I need to explain to the client in details what kind of expenses are to be expected as well as the calculation method. In the following passage, I will introduce to you the expenses that will...Read More
Hong Kong Litigation Lawyers: Enforcement of Mainland Judgments in Hong Kong As a lawyer dealing with cross border legal matters, I often encounter clients seeking consultation on or engaging us on the matters of enforcement of Mainland Judgment in Hong Kong. The common scenario is the Plaintiff, because of the convenience and swiftness, firstly litigates...Read More
How to Contract for a Hong Kong Arbitration Clause in Contracts As a Hong Kong lawyer dealing with arbitration law, when drafting and reviewing contracts for clients, it is important to consider clearly whether to contract for a Hong Kong arbitration clause and, if so, how to draft the arbitration clause. The following are the...Read More
