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2024/3/22
Arbitration is a form of alternative dispute resolution. Generally speaking, an arbitral award is legally binding and may be enforced in the courts of Hong Kong even if it is awarded in another jurisdiction. If a party to arbitration opines the process of arbitration out of jurisdiction was unfair, is it possible for it to apply in Hong Kong to have the arbitral award overturned?...
2024/2/23
There are lots of Tsos (祖) and Tongs (堂) in the New Territories. If a person is a member of a Tso, and the Tso in turn holds shares and interest and another Tso/Tong, would the Tso’s interest in such other Tso/Tong fall within the asset of the person?...
2023/12/18
The “Small House Policy” has a long history. In 2021, the Court of Final Appeal ruled that applications for erection of small houses (also known as a “Ding House”) under the Policy, whether by way of free building licence, private treaty grant or land exchange, are lawful (see Kwok Cheuk Kin v Director of Lands (No. 2) (2021) 24 HKCFAR 349). Back to basics, what is the Small House Policy? In this Article, we would briefly discuss the issue....
2023/11/24
The Hong Kong Legislative Council on 26th October 2022 has passed The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (“the Ordinance”). The Ordinance is intended to provide for the enforcement in Hong Kong of judgments in civil and commercial matters handed down in Mainland China, and for facilitating the recognition and enforcement in the Mainland of judgments in civil and commercial matters given in Hong Kong....
2023/11/10
Generally speaking, in order to establish claim of adverse possession, the squatter has to establish his factual possession over the land with intention (Animus Possidendi) where the limitation period for the owner to recover possession has lapsed....
2023/10/20
In order to prevent the dissipation of suspicious funds, the Police and the Joint Financial Intelligence Unit have in the past been issuing “Letter of No Consent” (“ LNCs ”) under the Organized and Serious Crimes Ordinance (Cap. 455) (“ OSCO ”) to the banks notifying them to stop transactions in suspicious accounts....
2023/10/06
In recent years, there has been a significant increase in the number of technology crimes and the tricks used by fraudsters are ever-changing. In case a victim unwittingly and unfortunately falls into a scam by mistake and suffer financial losses, apart from seeking help from law enforcement agencies, how shall the victim claim recovery of his/her losses?...
2023/09/13
When it comes to the property laws in the Mainland China, from time to time people would talk about the “joint property of husband and wife”. In this Article, we would briefly discuss this system....
2023/05/02
The established mechanism to allow enterprises going in and out in order is essential to a healthy and prosperous economic market. In light of the growing economic integration and development between Hong Kong and Mainland China, more and more enterprises thrive in the cross-border businesses and they may have assets and loans across the border. In such circumstances, the mechanism for judicial assistance between the Mainland and Hong Kong in bankruptcy proceedings are becoming more and more crucial....
2023/05/02
With the aim to further protect residential mortgage customers and reduce credit and operational risks, the Hong Kong Association of Banks has launched pilot arrangements to provide alternative means of payment of funds for mortgage refinancing transactions. It basically enables the transfer of funds from bank to bank as an alternative to the current practice of routing the payment through the client accounts of a law firm involved in the transaction....
