Hong Kong Legal Articles & Insights

Author: Stefan Schmierer , Managing Partner Understanding Prenuptial Agreements in Hong Kong A prenuptial agreement is a signed and written contract entered into by parties to a prospective marriage. The agreement sets out how their assets and liabilities are to be divided if the marriage is later dissolved. The terms in the agreement will usually cover the divisions of capital and earnings . The agreement may also specify the financial and custodial arrangements for childr

Custody Care and Control in Hong Kong is a key issue following divorce, particularly where parents are unable to reach agreement on arrangements for their children. Hong Kong law prioritises the welfare of the child, with courts focusing on long‑term decision making, daily care arrangements, and access rights to maintain relationships with both parents.

Trademark Registration Hong Kong is an important step for businesses seeking to protect their brand identity and distinguish their goods or services in a competitive market. A registered trademark provides legal recognition and helps prevent unauthorised use by competitors, supporting long term brand development and commercial certainty.

The Hong Kong Court’s Power to Grant Interim Injunctions In cases where there is a real risk that a Defendant or intended Defendant will dissipate assets to avoid a claim, Hong Kong injunction applications may be made to the Hong Kong Court, which may upon application order that the Defendant's assets be frozen until the determination of the claim. If the writ has not yet been issued the Plaintiff will have to undertake to do so forthwith. Mareva Injunctions in Hong Kong Free

The recent dilemma of the Inland Revenue Services’ attempt to tax both the Duchess of Cambridge and their royal baby highlights how even royals cannot escape the need for good tax planning.

稅務部最近試圖向劍橋公爵夫人及皇室小成員徵稅，結果進退兩難，突顯人人都需要做好稅務計劃，即連皇室成員也不例外。 在Commissioner of Inland Revenue V. Li & Fung (Trading) Ltd [2011] HKCFI 261案（HCIA...

This article was co-authored by Joshua Chu from ONC Lawyers. There is an old English saying, “manners maketh man”. It essentially means...

“…The GREATNESS of a nation and its MORAL PROGRESS can be judged by the way its animals are treated...” - Mahatma Gandhi Introduction The...

Whilst the Plaintiffs in HCA 1980 of 2015 ultimately decided to pay the Defendant’s full costs and discontinue the case before making it...

Editor’s Note: For the first two parts of this series, please see the Industry Insights section in the Hong Kong Lawyer’s August and...

每宗交易糾紛都牽涉一個根本的問題：入稟法庭的原告人可有履行責任減少損失？如果原告人甚麼也不做，完全不去減少自己的損失，他的申索只會是一宗勝訴無望的典型案件。 原告人如果進行以區塊鏈作為基礎的交易，就更加要這樣問自己，因為這些交易（與現金交易不一樣）完全是在綫記錄的。因此，相...

Back in 1998, the Review Body on Bid Challenges was set up pursuant to the Agreement on Government Procurement under the World Trade...

HCA 1980/2015案的原告人最終在法庭正式審理案件之前，決定悉數支付被告人的訟費並終止訴訟（是放棄訴訟，不是與被告人和解）；不過，案中提出的技術問題（儘管法庭沒有判定）別有含義，不可以被忽略不談。 因此，本文探索由辯方提出的技術性論點，突顯在資訊年代，精通科技是（律...

HCA 1980 of 2015 was in many ways the jurisdiction’s first cryptocurrency-based litigation. The action was commenced by the largest...