Commercial litigation
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Hong Kong
Hong Kong is one of the world's leading financial centres and has long prospered thanks to its links with mainland China, a strong rule of law in business matters, low personal and business tax rates and its open economy.
Since the UK transferred sovereignty to China in 1997, the territory’s autonomous nature has enabled it to ride on the crest of China’s economic development. Hong Kong continues to act as an intermediate jurisdiction for much of the personal investment capital flowing out of China.
We’ve been established in Hong Kong since 2008, offering tax and wealth planning, trust, family law, charity and corporate advice to clients. We advise many international families and businesses on their activities in Hong Kong, as well as assisting local clients with access to international markets.
Meet the team
Focus areas

Funds

Beneficiaries and heirs

Leaders and senior executives

Hotels and hospitality

Art

Talent and creatives

Families and family offices

Jets and yachts

Founders

Elderly and vulnerable people

Private companies

Trustees, executors and fiduciaries

Public companies

Philanthropy

Government

Family businesses

Energy

High-net-worth individuals

Professional advisers
Track record
International bank mandate fraud
Advising a senior executive on his partnership exit in Hong Kong
Use of European pre and postnuptial agreements clarified in the Hong Kong courts
A landmark divorce case in Hong Kong involved German pre and postnuptial agreements. The case confirmed that the principles set out in the English Supreme Court case of Radmacher, in respect of prenuptial agreements, would be an appropriate precedent for the Hong Kong courts, and that, if the parties fully understood the implications, they would most likely be bound to their agreements.
Senior banking departure from New York and relocation to Hong Kong
Divorce involves a forum dispute between Hong Kong and Australia
We successfully acted for the husband to defeat the wife's application for a stay on the basis that Australia was the more appropriate jurisdiction. The Court of Appeal considered the factors the court should bear in mind when dealing with such challenges. At the time, it was a landmark case and is regularly quoted to this day on the topic of forum non conveniens.<br />
Discharge of mortgages over 41 Singapore-flagged, Hong Kong-flagged and Liberian-flagged vessels
We acted for a German bank, a Finnish bank and a Norwegian bank in Singapore in the discharge of mortgages over 41 Singapore-flagged, Hong Kong-flagged and Liberian-flagged vessels owned by an Indonesian shipping company. The discharge of mortgages was made simultaneous with the refinancing and global restructuring of that Indonesian shipping company’s debt.
The Hong Kong Court of Appeal rules that trusts are subject to division
In Kan Lai Kwan v Poon Lok To Otto, the law in relation to trusts was clarified and the principles in the English case of Charman were confirmed to be an appropriate precedent in Hong Kong. The court found that the trusts could be subject to division as, should the settlor request the trustees to make an advancement to him, they would be likely to do so.
Complex high value divorce leads to a change in the law in Hong Kong
We acted for the husband in a high value divorce, which involved a conflict in jurisdiction between Hong Kong and the People's Republic of China. The matter reached The Court of Final Appeal and led to a change in Hong Kong law, introducing new legislation to allow a party who had a divorce in another jurisdiction to seek a financial remedy in Hong Kong where applicable. This is an important measure protecting those who would be unfairly prejudiced by an overseas divorce.
Hong Kong team act in a landmark high value cross border divorce
A cross border team acted for an ultra high net worth client in an exceptionally complex divorce, involving company structures and multiple third parties, offshore trusts and multi million dollar assets in a number of jurisdictions. We obtained the highest ever award for interim maintenance in Hong Kong.
Removal of a child from Hong Kong to the US
Our team led a case which reached the Hong Kong Court of Appeal concerning the issue of the removal of a child from Hong Kong to the US. This case was interesting because the orders in respect of the children had been made by the courts in Singapore where the children were born and where the father continued to reside. However, the mother and children had lived in Hong Kong for a number of years and therefore we sought an order through the courts there. The court reluctantly refused jurisdiction on the basis that it would not be in the children's best interest if there were multiple jurisdictions involved.
Landmark Court of Appeal case concerning the importance of children's wishes
We acted on a landmark Court of Appeal case concerning the removal of children and which reviewed the law on habitual residence under the Hague Convention: LCYP v JEK. The case dealt with the importance of the children's wishes and removed the previous test in respect of the parent's agreement and intention.
Hong Kong Court of Appeal adopts English approach of equality of division
Rita Ku led the team on one of the most significant family law cases in Hong Kong in recent years, involving a divorced couple, where the wife was awarded half of the assets. The Hong Kong Court of Appeal threw out the ‘reasonable requirements' principle and adopted the ‘new approach' of equality of division, following the English decisions of White v White (2000) and Miller v McFarlane (2006). The case underlines the strong connection between the courts of Hong Kong and England & Wales.
Highest child maintenance award secured in Hong Kong
Russian owned Hong Kong business
Acquisition of a majority stake in the Hong Kong subsidiary of an independent British brand
Chinese insurance group's acquisition of a Hong Kong bank
Use of European pre and postnuptial agreements clarified in the Hong Kong courts.
A landmark divorce case in Hong Kong involved German pre and postnuptial agreements. The case confirmed that the principles set out in the English Supreme Court case of Radmacher, in respect of prenuptial agreements, would be an appropriate precedent for the Hong Kong courts, and that, if the parties fully understood the implications, they would most likely be bound to their agreements. <br />