Arbitration is a flexible alternative method of dispute resolution which can provide with an efficient, confidential, final and binding resolution, the beauty of which in Hong Kong is all the arbitral awards may be enforced in the same manner as a Court Judgment as well as its ease of enforceability.
Our Principal is very experienced in handling arbitration proceedings over the past 15 years in relation to advertisement disputes, land and development, building and construction works, civil engineering works, film and television matters, renovation works, shipping disputes, etc. in Hong Kong, Macau, China, England, Singapore and Thailand with various rules (e.g. UNCITRAL rules, SIAC rules, ICC rules, HKIAC rules, CIETAC rules, LCIA rules, etc)
Even if arbitration was commenced, we had the experience to successfully protect the applicant’s interests through the interim measures in respect of the Arbitration Ordinance under Sections 21 and 45 thereof by making application of the appropriate orders at the High Court of Hong Kong.
China Trade and Investment
Starting from late 20th century, China has become one of the leading economic forces in the world resulting in lots of investment opportunities for all kinds of business there.
Being the well-known international financial centre together with the close geographical location, Hong Kong has become the gateway to Mainland China and thus the most ideal city for growing up the business in Mainland China.
We are experienced to provide with legal advice and assistance to all local and foreign clients for all kinds of business matters in relation to China including but not limited to the setting up of different kinds of corporations, joint-venture / partnership arrangement (locally or Sino-foreign), daily operation and management, contentious matters, franchise and license, intellectual properties right, etc. Our clients include Hong Kong investors, foreigners, multinational corporations and PRC businessmen from all kinds of industries.
With close working relationship with PRC lawyers, we have also experienced in handling and assisting legal actions in China and succeeded to protect client’s interests by obtaining freezing order against the opponents’ properties at the very beginning of litigations.
Civil Celebrant of Marriages
Our Principal has been appointed as a Civil Celebrant of Marriages by the Registrar of Marriages pursuant to the Marriage (Introduction of Civil Celebrants of Marriages and General Amendments) Ordinance.
By such Ordinance, it gives the couples with complete freedom on the choice of time and venue within Hong Kong for their marriage ceremony.
We have well performed the civil celebrant service for many local and foreign couples and would also assist for the apostille service in respect of their marriage certificate for those foreign couples requiring for registering the same in their home country.
Our litigation department is a well-established and reputable practice for a wide range of contentious matters including but not limited to: -
- Financial Institution disputes
- Guardianship Order
- Land and Property
- Professional negligence
- Building and construction
- General debt recovery
- Intellectual property rights
- Mortgagee enforcement
- Shareholders disputes
- Good Sold and Delivery
- Judicial review
- Probate matters
- Trust-related disputes
Our Principal has lots of remarkably well known cases: -
Reported leading case under HCA 1686 of 2006, a landmark case in relation to restrictive covenants and restraint of trade, confidentiality, trade secrets, termination, etc. where our Principal acting for the 2nd Defendant successfully defended for Plaintiff’s whole claim.
A mandatory Injunction Order was successfully obtained under DCCJ 273 of 2011 in favour of our client against her neighbour in respect of incenses burning together with damages for nuisance (This case was widely broadcast by mass media as it was the 1st injunction order by its nature in Hong Kong).
Our professional team offers the best practical advice and assistance as well as representation for our clients including but not limited to the following matters: -
- Legal visits
- Watching brief at trial
- Bail applications
- Mitigation and plea bargain
- Defence against departmental and industrial Summonses
- White collar crimes
- Appeals against convictions and sentences
- ICAC, CCB, SFC cases
Construction and Engineering
With dual professional qualifications in legal and construction aspects, our Principal is full of experience in handling all aspects of issues (no matter whether contentious or non-contentious) at site level, sub-contractors level, main contractor level, as well as developer and consultant level.
Possession of vital industry knowledge offers our firm to provide the excellent legal services for the protection of our clients’ best interests starting from design stage, construction stage and even up to post-completion stage, including drafting of agreements and/or daily documents, control and monitoring of the works stage.
Arbitration clause is quite common in the construction industry in Hong Kong and Macau but poor drafting would definitely invalidate the intent for arbitration. Our Principal is very experienced in drafting arbitration clauses as well as handling arbitration cases for any level of contractors as well as developers worldwide.
Our Principal had been invited to attend a programme called ”我的事務所” organized by Metro Finance Radio Hong Kong in respect of the legal advice in the building and construction industry.
Corporate and Commercial
Hong Kong, a well-known international financial centre and the special administrative region of China, has its speciality of culture and international status which continuously attracts massive investment from all over the world.
Our corporate and commercial practice covers a wide variety of the services including but not limited to the following: -
a) Joint venture, partnership agreements
b) Shareholder agreements
c) Sale and purchase of business
d) Merger and acquisition
e) Restructure and insolvency
f) Dispute issues
g) Offshore matters
The strong business acumen and experienced industry knowledge enable our firm’s understanding of the commercial objectives of our clients in order to formulate effective strategies to successfully prevent and resolve their disputes.
With strong commitment to the education industry, our Principal has been appointed as a governor of an international school in Hong Kong since January 2014 so as to provide all-rounded advice and guidance with sound directions for the school operation and development.
Our firm has been continuously providing legal advice and assistance for many small to large-sized education institutions, agents as well as franchisors and franchisees in Hong Kong and worldwide including the setting up of the company by guarantee and drafting of the A&A, internal operation policies, employment issues, local and overseas joint-venture and partnership, franchise agreement, expansion feasibility, land auction, independent contractor and agency arrangement, sponsor agreement, tenancy matters, students’ claims, disputes with business partners, etc.
We are also experienced in handling several litigations in Hong Kong relating to defamation amongst education institutes, restraint of trade and trade secret claims with ex-staff, etc.
Our professional team is very experienced in preparing all kinds of employment-related documents and advising all employment-related issues in respect of the contractual rights as well as under the common law and statutory laws including but not limited to: -
- Confidential information & trade secret
- Employees’ rights & benefits
- Leave rights & entitlement
- Minimum Wage Ordinance
- Occupational safety & health
- Prevention of Bribery Ordinance
- Restraint of trade, Post- termination restrictions
- Springboard injunction
Our Principal has a track record of success in handling and resolving any kinds of employment claims for both employers and employees in conciliation, mediation and litigation. Reported leading case under HCA 1686 of 2006 was one of the landmark cases in Hong Kong where our Principal acted for the 2nd Defendant for the dismissal of all the Plaintiff’s claims in relation to restrictive covenants and restraint of trade, confidentiality, trade secrets, termination.
Our firm have a very close relationship with various immigration experts and foreign government bodies in many countries especially in Europe, Caribbean and Pacific Rim. In recent years, our Principal has assisted lots of cases where our clients successfully obtained passports in various countries.
We do keep very close monitoring in relation to the global change and update of immigration laws and regulations so as to provide the most suitable solution to our clients to obtain the second residency and citizenship rights.
The following countries are commonly considered by our clients nowadays due to its flexible and straightforward requirements: - Portugal, Spain, Belgium, Latvia, St Kitts & Nevis, Antigua, Grenada, Dominica, Vanuatu, Malta, etc.
The protection of intellectual property rights is very vital nowadays so as to protect the bandname and reputation at present as well as for future growth of the corporation.
We are full of experience in protecting such IP rights by way of franchising and licensing agreements, etc for our client.
In the event of any dispute arisen, we do have the experience in conducting litigation proceedings for both applicants and respondents.
Land and Development
Land investment, management and development are one of the very crucial industries in Hong Kong, which could govern the economy growth significantly. A few years ago, lots of small and medium-sized developers as well as some contractors in Hong Kong and several large PRC developers start to invest the land in Hong Kong by their own or by way of joint venture.
We do provide the full scale of services from feasibility stage, public or private land auction, lease modification, S16 planning permission and so on up to the sale of the properties. We do also assist in tax planning for project of land development with the tax advisor including S45 Stamp duty, corporate re-structure, etc.
We do have the experience in providing the advice and assistance for joint venture and partnership for land development as well as the building and construction, etc.
In particular to the 1st hand sales of the residential properties, we are experienced in providing services for the developers and vendors in compliance with Residential Properties (First-Hand Sales) Ordinance. Some developers will engage us as the Compliance Checker in respect thereof on top of the Project Solicitors.
Landlord and Tenant
Tenancy matters are very common in Hong Kong and we offer a comprehensive range of services and assistance for our clients in respect of their commercial, industrial and residential properties including but not limited to the following areas: -
- Preparation of tenancy agreements as well as the extension of the tenancy
- Preparation of licenses
- Registration at the Land Registry
- Submission of relevant forms and documents into the Inland Revenue Department
- Handling litigations for the landlord in recovery of the possession, rentals, etc
- Handling litigations for the tenant in discharge of the responsibilities and liabilities on ground of misrepresentation, etc
We are also experienced in handling those typical cases in relation to the challenge of quiet and enjoyment, water leakage problems, etc.
A very wide range of services is offered to our client and matrimonial issue is very client-orientated as different clients would have different needs and requirements.
When disputes arise, it could be very sensitive and emotional to both parties that we are specialized to provide practical and timely advice and resolution for our clients, in order to minimize their stress and hardship as well as to avoid the lengthy and costly litigation. Perhaps, if the litigation is unavoidable, our professional team is experienced in handle all aspects of a family case.
Areas of service include but not limited to: -
- Pre-nuptial agreements
- Separation agreements
- Divorce proceedings
- Application for nullity order
- Maintenance order (lump sum, periodical, monthly)
- Settlement of matrimonial home
- Order for custody and access right to children
- Variation and enforcement of any Orders (including Contempt of Court)
A Practice Direction on mediation - Practice Direction 31 comes into effect on 1 January 2010 which applies to all civil proceedings in the High Court and the District Court in Hong Kong.
Mediation is an alternative to resolving a dispute through the court system in which a trained and impartial mediator is to be engaged by all the disputing parties to help to reach an amicable settlement that is responsive to their needs and acceptable to all the parties.
Our Principal is very experienced in providing mediation services as the mediator over the past 10 years for more than 50 cases in relation to shareholders’ dispute, water leakage, building management, renovation works, building and construction works, goods sold and delivery, trading and manufacture, adverse possession, landlord and tenancy, restraint of trade, etc.
Alternatively, our professional team is well trained to assist our clients as the representing solicitors fighting for the best outcome at the mediation sessions.
It is not common that a Hong Kong law firm could provide for legal advice and support for offshore law matters whilst company vehicles are very commonly incorporated offshore in Hong Kong, Macau and China.
Our Principal is also admitted as a solicitor in the British Virgin Islands (BVI) and is very experienced in providing with all the scopes of legal services in relation to off-share laws there, including but not limited to: -
- Setting up a company and assisting all kinds of required works annually
- Conducting search the updated register of members and directors
- Applying to the BVI Court for the change of the registered agent
- Advising on the BVI laws and regulations
- Acting for or opposing against Court proceedings in relation to shareholders’ disputes, injunctions / mareva injunction, declaration, etc
- Acting for or opposing against any winding up proceedings on grounds of minority shareholder, just and equitable, etc
- Acting as an expert in Hong Kong laws in respect of litigation and probate cases
Engaging a competent lawyer is very vital to help the injured persons to obtain a fair and fast compensation with the best outcome within the limitation period.
Personal injuries actions relate to negligence, employees’ compensation, breach of statutory duty and breach of contract, etc. which include but not limited to the following types: -
- Accident at work / public place
- Industrial and construction accidents / diseases
- Road traffic accidents
- Defective products
We have been providing various legal services for many professional clients in different disciplines and industries, namely: -
b) Accountants and auditors
e) Estate agents
f) Medical practitioners
h) Veterinary surgeons
Scope of services we offer includes retainer terms, business cooperation, consultancy arrangement, novation, partnership arrangement, group practices, merger, termination, etc.
We are also experienced in handling various litigations in relation to professional negligence claims as well as representing the professional clients in the disciplinary proceedings.
Will Probate and Trust
We provide legal services for the following aspects of works: -
- Preparation of wills and codicils
- Probate, resealing of probate, grants and letters of administration
- Assent and change of ownership
- Design and setting up of family trusts
- Preparation of and advice on deed of family arrangement
- Handling probate litigation
Our Principal has handled lots of probate litigations in respect of the validity of will, the power of the executors/administrators, the issue of distribution, etc. One significant case that our Principal had been involved lasted for over 20 years including different level of Courts in Hong Kong, cross border issue, criminal content and litigation, etc.
Nowadays, our private clients choose to have a discretionary trust for various reasons to separate beneficial ownership of their assets while retaining certain degree of control / influence over the same. We have a very close relationship with some offshore trust agents and banks and are full of experience in structuring and setting up a trust in certain offshore jurisdictions for our clients.