• Third Party Funding to Litigation
    Until recent years, third party funding of all kinds of dispute resolutions was prohibited in Hong Kong due to the common law doctrines of champerty and maintenance.
  • How to Recover Money for Victims of Phone Scams, Phishing Emails and Internet Fraud
    This is often the first port of call. Fraud of any description including phone and email scam and internet fraud are criminal offences whereby money and/or property belonging to a victim can be lost.
  • Holding virtual general meeting for Hong Kong companies
    With effect from the commencement of the Companies (Amendment) Ordinance 2023 on 28th April 2023, locally incorporated companies may hold a general meeting by using virtual meeting technology; at a physical venue; or both.
  • Vanky Mak, Partner of our Firm, Elected to the board of directors of ALFA International
    We are excited to announce that Mr Vanky Mak, a partner of the firm, has been elected to the board of directors of ALFA International in the Annual Business Meeting held in October.
  • New Inspection Regime of the Companies Registry
    Phase 2 of the New Inspection Regime of the Companies Registry to replace the usual residential addresses (“URA”) and full identity card or passport number (“IDN”) of individual directors and individual secretary on the register at the Companies Registry with correspondence address and partial IDN for public inspection has commenced on 24th October 2022.
  • Common Intention Constructive Trust
    Common Intention Constructive Trust by Albert Lam Where a person is holding property, exercising rights for and on behalf of another person or for the accomplishment of some particular purpose(s), a trust may have been created. A trust is primarily an equitable obligation which is only enforceable in a court of law. It can be created expressly, by implication or by the operation of law. A trust is said to be a constructive trust when it is automatically imposed on the parties in circumstances where it is unconscionable or contrary to the fundamental equitable principle for the owner of the property to hold it purely for his own benefit. A Common Intention Constructive Trust is a type of constructive trust where there is a common intention of the parties regarding the sharing of the beneficial interest in a property in which the legal title of the property is vested in one of the parties only. It would be inequitable to allow the party holding the legal title to deny the other party a beneficial interest in the same property. Hence, the key elements for this doctrine are that (i) there must be a common intention that both parties should have a beneficial interest in the property; and (ii) the claimant has acted to his detriment in the belief that by so acting he was acquiring a beneficial interest in the property.
  • Who is the beneficial owner of the monies in a bank account held in joint names ?
    Who is the beneficial owner of the monies in a bank account held in joint names ? by Albert Lam The ownership of funds in a joint account is subject to the same legal principles as other personal property, namely, this is a matter of intention of the joint holders of the bank account.
  • Choice of Forum
    Where a defendant is presence in Hong Kong, the plaintiff can sue the defendant as of right. However, where a defendant is not resident in Hong Kong, court's permission is often required to sue. This is because a foreign defendant with little connection with Hong Kong is not automatically subject to the jurisdiction of the Hong Kong court.
  • A BRIEF OUTLINE OF THE COMPETITION ORDINANCE
    The Competition Ordinance, Cap.619 ("the Ordinance") comes into effect on 14 December 2015. The Ordinance is based primarily on Articles 101 and 102 Treaty on the Functioning of the European Union Regulation 1/2002 and UK Competition Act 1998 and the Enterprise Act 2002. It is believed that consumers will benefit from competition in the market place and anti-competition behavior will not only reduce choice but also efficiency
  • HONG KONG DIVORCE PROFESSIONALS PROMOTE RADICAL ALTERNATIVE TO COURT
    Hong Kong divorce professionals promote radical alternative to court action (PUBLISHED : Thursday, 31 March, 2016, 10:01am) This article is on Collaborative Practice in Hong Kong where practitioners including Jain Brown (Partner at Hampton, Winter and Glynn), Ann Cooley (CEO of Pacific Hawk (HK)), and Nicholas Hemens (Chairman of the Hong Kong Collaborative Practice Group and Partner at Haldanes), share their experience and views on this relatively new approach of resolving conflict in family in this jurisdiction. The author further elaborates on the philosophy and stance of Collaborative Practice, in relation to the practitioners, divorcing couples, mediation, Legal Aid, and also the Courts of Hong Kong.