General legal services
We are a firm with a strong team of legal professionals and staff, who are experienced and have different expertise. For many years, we have been providing to the public legal services in different areas. They include:
A civil case relates to the legal rights and obligations between two or more persons or institutions. In the event that the parties concerned cannot resolve a dispute themselves, either party may start a civil litigation. This is done in order to seek an independent and impartial tribunal's or court's determination as to whether one's legal rights and obligations are being infringed, and if so, to obtain appropriate compensation and remedy.
The principal branches of civil law include contract, tort, property, administrative, family and revenue law. The law of contract is concerned with the many different types of agreements in which persons or corporations enter into during their daily business. The law of tort is concerned with claims arising out of breaches of a duty of care owed by one individual to another.
The law of property governs the ownership of and the rights in property. This includes land and buildings, and intellectual property such as trademarks, patents and copyright. Administrative law is designed to protect the individual against the abuse of power by the Government or public bodies. Family law deals with divorce and disputes over the custody of children, maintenance of spouse and children and the division of property. Revenue law is relevant to the assessment and recovery of taxes and duties.
Criminal litigation relates to the institution of legal proceedings in the name of the Government of the Hong Kong Special Administrative Region against an individual (or an organization) for breach of criminal law. Lawyers can protect the rights of a person so charged by defending him in the proceedings, and in a case in which he is convicted, to mitigate on his behalf, and/or to lodge an appeal.
The criminal laws mainly cover violent crimes, financial crimes, computer crimes, Drug-related crimes and commercial crimes. violent crimes include Indecent assault, fight, assault, Assault causing bodily harm, Aggravated assault, extorts, rapes, manslaughter, Child sexual abuse, Secret photography, misconduct, manage a brothel and murder. Financial crimes include burglary, shoplifting, larceny, shop burglary, robbery, fraud, property damage and arson. Computer crimes include Access to computer with criminal or dishonest intent, hacking, unauthorized access to computer, copyright infringement, BT illegal downloading and pirate. Drug-related crimes include drug possession, Drug distribution, drug manufacture, heroin and LSD. The commercial crime including conspiracy to defraud, defraud, to receive the benefit, corruption, the embezzlement, produce a forged document and utter a forged document.
In a property transaction, the vendor and purchaser will usually sign a provisional agreement for sale and purchase of the selected property. In addition, vendor and purchaser will each appoint their own solicitors to do what is necessary to complete the transaction.
The vendor's solicitor will provide the formal agreement, which is then checked by the purchaser's solicitor. When the terms of the formal agreement are agreed, it will be signed by the parties. Below is a summary of what services will generally be provided by respectively the purchaser’s solicitors and vendor’s solicitors :
Purchaser’s solicitors
- To draft the assignment
- To give the cheques for the balance of the purchase price to the Vendor's solicitor
- To give the keys to the Purchaser, and stamp the assignment at the Stamp Office
- To register the assignment, discharge and new mortgage document at the Land Registry
- To give the registered assignment and all other title deeds to the Purchaser
Vendor’s solicitors
- To approve the assignment.
- To give the assignment and keys to the Purchaser's solicitors.
- To undertake to ascertain that all mortgages are paid off within a certain number of days
- To arrange for the Vendor to pay off all mortgages (if any) on the property.
- To collect and send the discharge to the Purchaser's solicitors
Corporate Finance and Capital Market
K. B. Chau & Co.'s corporate finance and capital market team has extensive experience in advising issuers, sponsors and underwriters as to the laws of Hong Kong in relation to serurities offerings in the local capital market. We act on behalf of sponsors, underwriters, listing applicants as well as listed companies to conduct capital raising activities, placings and rights issues.
We advise issuers and investors on matters relating to capital financing, corporate reorganisation, corporate structure planning, initial public offering and the suitablity of listing, and provide legal opinion as to the compliance with the Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited ("Hong Kong Listing Rules"). We are also experienced in assisting issuers, sponsers and underwriters in communicating with regulatory authorities.
Our firm has also been retained by the boards of listed companies to advise on the operations of the nomination, audit and remuneration committees, arrangements of board meetings and shareholders' meetings, the preparation of comapnies' annual and interim reports as well as compliance with the Codes on Takeovers and Mergers and Share Buy-backs issued by the Securities and Futures Commission of Hong Kong.
We are on the approved list of solicitors firm of most banks and finance companies in Hong Kong to provide mortgage legal services.
A grant in probate cases includes Probate, Letters of Administration or Letters
of Administration (with Will annexed). If the application for a grant seems
complicated, the estate is complex or you are not familiar with the legal procedures
to make the application, it is in your interest to engage solicitors to assist.
Some of the most common business contracts include sale and purchase agreements for premises, lease/tenancy agreements for premises, employment contracts, insurance contracts, sale contracts with customers, procurement contracts with suppliers and financing contracts.
Other than the essential elements for making a valid contract you should note important matters such as privities of contract, express or implied terms of a contract, liquidated damages and legality. For business transactions, it is always preferable that contracts are entered into in written form. If the contract involves a substantial amount of money, you should consult a lawyer before signing.
If the opposite party breaches a contract term, we could assist you to take legal action in order to achieve the following measures:
- Treat the contract as discharged and sue for compensation
- Continue to act on the contract but sue for compensation
- Request the court to grant an order for specific performance, injunction, rectification or rescission, provided that no third party’s rights are affected.
"Matrimonial Cause" means any proceedings for divorce, nullity, judicial separation, presumption of death and dissolution of marriage. Unless the court allows otherwise, petitioner can start a petition for divorce only if he has been married for at least 1 year. The petitioner must be able to prove that he has reasons for saying that the marriage is at an end. The term the court uses is "the marriage has irretrievably broken down".
"Family Proceedings" include proceedings issued under the following Ordinances, and any of their respective subsidiary legislation:
- Adoption Ordinance
- Domestic Violence Ordinance
- Guardianship of Minors Ordinance
- Legitimacy Ordinance
- Marriage Ordinance
- Married Persons Status Ordinance
- Marriage Reform Ordinance
- Parent and Child Ordinance
- Separation and Maintenance Orders Ordinance
Attesting documents for use in China
Our managing partner ADAM KING YAN TO is an attesting officer appointed by the Ministry of Justice of the People’s Republic of China. ADAM is authorized to attest legal documents for use in Mainland China. The scope of business includes attesting and certifying acts, matters and documents of legal significance occurring in or emanating from Hong Kong and such attested documents are for use in Mainland China. Generally, there are roughly 5 kinds of authentication documents which China-appointed attesting officer can manage to handle:
- Declaration
- Certification and witnessing of execution of legal documents sign by one side
- Certification of original and duplicate documents
- Certification of legal facts
- Certification and witnessing of execution of legal documents sign by both sides or more.
Our partner RONALD K. F. POON is a notary public. The main work of a notary public involves the preparation, attestation and authentication of legal documents for use abroad (China excepted). Services that a notary public provides include:
- Preparation and attestation of power of attorney for overseas use
- Attestation of documents for purchase or sale of overseas land or property
- Providing documents relating to the administration of the estate of persons who are abroad, or owing property abroad
- Authentication of personal documents and information for immigration/emigration purposes
- Authentication of company commercial and business documents
- Preparation of ship’s protest
- Providing authentication and a secure record for a transaction, document or event
The Legal Aid Department of the Government of the HKSAR provides legal representation to eligible applicants by a solicitor and, if necessary, a barrister in specified areas of civil or criminal proceedings. Many of our solicitors are on the legal aid panel of solicitors for assign-out cases.
Legal aid is available for most cases in the District Court, the Court of First Instance, the Court of Appeal and the Court of Final Appeal. It is also available for committal proceedings in the Magistrates' Courts.
Any person, whether or not resident in Hong Kong, who is involved in the above
court proceedings may apply for legal aid. Legal aid will be granted if the
applicant is able to satisfy the statutory criteria as to the financial eligibility
and the merit test. Subject to the consent of the Legal Aid Department, a person
granted legal aid may choose his own solicitor/counsel whose name is on the
legal aid panel.
When a person's injury or death is caused by the negligence of another party, the injured person may institute legal action against the negligent party to claim damages for personal injuries that he/she suffered as a result.
Action for personal injuries may have different causes of action. These "causes" include negligence, trespass on a person, nuisance, breach of a statutory duty, and breach of a contractual duty, etc.
When a plaintiff makes a claim for damages for personal injuries under common
law, the limitation period is three years from the date of the accrual of the
cause of action. When the claim is one for employees’ compensation in respect
of injury at work, the limitation period is 2 years from the date of the accident.
Company secretary is a senior position in a private company or public organization. Company secretary ensures that an organization complies with relevant legislations and regulations, and keeps board members informed of their legal responsibilities. Corporate governance is the set of processes, customs, policies, laws, and institutions affecting the way a corporation (or company) is directed, administered or controlled.
We provide full service of company secretary. The main responsibilities of company secretary include:
1. Maintaining company records, such as lists of directors and shareholders, financial reports and annual accounts
2. Registration and communication with shareholders
3. Ensuring the company and its directors operate within the law
4. Organizing , arranging and attending each director and shareholders meeting
5. By critically analyzing financial reports, development of strategy and corporate planning, acting as a the primary source of advice on the conduct of business
A patent protects the applicant invention by giving the patent owner a legal right to prevent others from manufacturing, using, selling or importing your patented invention. However, if the requirements for registration are not met, Intellectual Property Department will object to the mark. The applicant will have 6 months in which to meet the requirements. Anyone can view your trademark in the Hong Kong Intellectual Property Journal and lodge an opposition to it. So you may wish to engage a solicitor to help in assist you to register trademark.
On the other hand, if you are the copyright owner and a person commits an offence if he does, among other things, any of the following, you can institute legal action against the infringer in order to get compensation:
- To make infringing copies for sale or hire
- To import into or export from Hong Kong, otherwise than for his private and domestic use, infringing copies of a work
- To possess, with a view to committing further acts of infringement, sell, distribute or otherwise deal with infringing copies of a work for the purpose of trade or business
- To distribute, otherwise than for the purpose of trade or business, infringing copies of a work to such an extent as to affect prejudicially the copyright owner (e.g. loss of income or business opportunities)
A settlor can use a legal trust document to settle his own property on express trust for the benefit of beneficiaries. The aim of a trust is to protect the benefit of the beneficiaries. We have reputable trustees who are reliable and able to hold and manage the trust property in the best interest of the beneficiaries.
There could be many reasons for setting up a trust. Some typical reasons include:
- To reduce or even avoid long period of time that may be needed In probate procedure for the inheritance of estate
- To enable family business to be carried on for generations
- To remove the risk of the settler’s assets being affected by his bankruptcy. This is because if the assets have been transferred to the trust, such assets are no longer the property of the
- To make long-term arrangement to take care of relatives
Business relationship with mainland China
We have setted up Renhe Qibang (Hengqin) Joint Law Firm with Renhe Law Firm and STA Macau Lawyers and have a long term partner relationship with several mainland China famous Law offices such as Guangdong Global Kingway Law Firm, Shanghai Zhenghan Law Firm, Bejing Han Yi Law Office, Shenzhen AllBright Law Office etc. This allows us to provide customers with convenience "one-stop" work style legal services quickly.
Manager
GEORGE YOW
Beijing University legal science bachelor
City University of Hong Kong legal science master
Range of Services
- Our China-appointed attesting officer will be able to handle the notarization legal document used in mainland China
- We are manage to procedure immigration to Hong Kong for mainland residents by the mean of investments reason
- Help assist for the transfer and bank mortgage of mainland China real estate
- Provides consultation and related information of the general law in china and assists to process the lawsuit and also arbitration cases
- Handle cases about marriages and the items of inheritance related between Hong Kong and China.
We provide (or in appropriate cases, to engage on your behalf translation company to provide) translation services in respect of commonly encountered legal documents such as:
- Deed of mutual covenant
- Employment contract
- Legal opinion
- Power of attorney
- Trademark and patent document
- Litigation document
- Laws and regulations
- Witness statement
- Affidavit
- Court transcript
- Decree and order
Notice of Intended Marriage (“Notice”) will be exhibited at the marriage registry where it is given and also at the Marriage Registration & Records Office for at least 15 clear days. After a Notice is given, the marriage must take place within three months, otherwise the Notice becomes void and fresh Notice must be given before the marriage can take place.
The exact date and time for the celebration of the proposed marriage should be fixed in advance in consultation with the civil celebrant of marriages who will celebrate the marriage.
Many solicitors for our firm are also civil celebrants; they are ADAM K.
Y. TO, RONALD K. F. POON, ANDREW K. F. CHENG, LYDIA
T. Y. CHENG and WONG MAN SHUEN.
