the HIP talks

Raphael Wong interviews Felix Li about his calling and dedication to family law, especially in regards of children-related matters. They discuss the divorce process and the different roles of barristers and solicitors. They go on talking about the evolution and specifics related to child custody in Hong Kong and the essential role of co-parenting and handling the relationship with other third-parties, eg. domestic helpers. They conclude delving into the issue of overseas relocation. SHOW NOTES 00:00:3 Family law and children matters as my barrister career focus 00:11:11 Divorce settlements and the court process 00:17:22 Legal practice: the different roles of barristers, and solicitors 00:26:17 Child custody law and its evolution in Hong Kong 00:41:06 The importance of co-parenting 00:56:17 Domestic helpers 01:03:44 Child custody and extracurricular activities 01:10:51 International relocation

Adam Hugill interviews Frances Lok of Des Voeux Chambers about her path that lead her to build a strong career as a barrister in Hong Kong. They elaborate about some contentious employment matters they worked on together in the past 15 years as well as some other cases that Frances deals with, including some in the contentious probate area. Frances also discusses her temporary appointments as a judge in the District Court and High Court of Hong Kong and development related to growing work concerning Mainland Chinese parties and arbitration. SHOW NOTES: 04:07 A career at the Hong Kong Bar 07:15 Anton Piller cases 10:02 “Merry Christmas, Frances” and the BFAM v Mills case 13:22 Increasing number of arbitration cases 15:51 Contentious probate practice 18:16 The role as a judge Transcripts and more on our Employment practice: https://www.hugillandip.com/2024/01/the-barrister-series-s5e2-employment-law-with-frances-lok/

Frances Tsang speaks to Azan Marwah and Alfred Ip about the role of barristers vs solicitors and the importance that each role takes in contentious proceedings in Court, especially within the Hong Kong Family court. They discuss some examples of legal matters they have worked on together, during a collaboration that goes back a long time. They also highlight the recent growing trend of some clients who are self-represented in Court and several specifics related to pre-nuptial agreements, inheritance provisions for dependants. Azan Marwah concludes talking about his passion for public law and pro-bono work and how helping people has always driven many of his professional and personal choices. Show Notes 03:43 The role of a barrister vs the role of a solicitor 07:55 Financial statements and Form E in divorce proceedings 09:43 Where a financial claim starts and strategy 13:32 Advocacy skills and court work 19:08 Some cases we worked together 22:53 Self-representation in court 25:36 Why do pre-nuptial agreements matter? 35:09 Inheritance provisions for financial dependants 42:01 A passion for public law 45:18 Pro-bono and community service Get transcripts and subscribe to our newsletter: https://www.hugillandip.com/2023/10/the-barrister-series-s5e1-financial-disputes-in-family-law-azan-marwah/

Exciting Announcement: soon the HIP talks will introduce a new legal podcast series, “The Barrister Series"! In this innovative series, we will delve into the world of contentious legal matters, exploring a wide range of thought-provoking topics through discussions between renowned solicitors and barristers. Prepare to be captivated by insightful conversations, intriguing case studies, and expert analysis that will shed light on the complexities of the legal realm. You won’t want to miss this intriguing discussion that explores the challenges faced by legal professionals in high-stakes cases.

Our Alfred Ip discusses essential considerations related to the distribution of trust assets with Kerby Lau and Joshua Yeung of Des Voeux Chambers. The DVC Trusts, Estates and Succession Series is a collection of seminars and events on topical issues and developments in the law concerning trusts and estates, being explored through the practitioner’s perspective. It aims to create a forum for the exchange of ideas between different stakeholders and practitioners. In this inaugural seminar, the focus is on a commonly-used mechanism in structuring wealth and assets: the discretionary trust/power. In the absence of any fixed stipulations as to how assets should be distributed, what guidance does the trustee/administrator have when distributing and dealing with assets? What are the limits of such discretion? What are the pitfalls to avoid? These practical questions and more will be discussed and explored. Download the presentation: https://www.hugillandip.com/2023/09/webinar-distributing-and-dealing-with-trust-assets-the-boundaries-of-discretion/

Tiffany Leung and Adam Hugill discuss anti-discrimination laws and the role of the Equal Opportunities Commission in Hong Kong, highlighting details of the process, its confidentiality, the efforts made to reach a conciliation and the eventuality of initiating an action at District Court level. Show Notes 01:31 Anti-discrimination laws in Hong Kong 02:10 Who’s the EOC 03:27 The scope of the EOC 04:38 The complaints process 09:32 Confidentiality of the investigation 10:37 The conciliation process 14:20 Costs related to District Court actions More on our Employment practice: https://www.hugillandip.com/legal-services/employment-and-immigration/ Transcript: https://www.hugillandip.com/2023/07/podcast-s4e6-employment-anti-discrimination-the-eoc/

Tiffany joined Hugill & Ip in 2022 as an Associate at the firm’s Dispute Resolution team. Tiffany obtained her Bachelor of Laws degree and Postgraduate Certificate in Laws from the Chinese University of Hong Kong. She was admitted and enrolled as a Solicitor of The High Court of Hong Kong in 2020. She has experience in handling a wide spectrum of contentious commercial and civil matters including shareholders’ disputes, commercial litigation, contractual disputes and matrimonial matters. Tiffany also has experience in non-contentious matters including drafting commercial agreements and assisting private clients in drafting wills, grants of probate and enduring powers of attorney. Tiffany is a food lover and likes exploring new restaurants with likeminded people. She also enjoys hiking and travelling. Tiffany is fluent in English, Cantonese and Mandarin. To learn more: https://www.hugillandip.com/solicitors/tiffany-leung/

Alfred Ip and Azan Marwah talk about the difficult subject of death, giving real-life examples of same-sex couples who have struggled through the existing legal framework. They reflect on how those hurdles faced by same-sex couples can be just as significant as those facing heterosexual couples – if not more so. They discuss related issues of mental capacity and guardianship, as well as Enduring Powers of Attorney (EPOA) and Advance Health Directives. Azan addresses arrangements for the disposal of the bodies of loved ones. He recounts the example of a recent client’s struggles, which ended up in court. This case led to the recognition that same-sex couples must be treated equally with heterosexual couples. To understand more about this case, you can check our live seminar and webinar “Estate Planning Advice for Same-Sex Couples” that Alfred Ip and Henry Li previously conducted in Chinese for elements/Project Touch BGCA. They go on highlighting changes related to inheritance rights for same-sex spouses whose counterparts die without a Will, commonly called ‘intestate’. Complications are many, often caused by incorrect assumptions such as that a spouse will always inherit the entirety of the estate or other issues like domicile, property rights, charitable gifts, the inexistence of a common law marriage, etc. Azan and Alfred conclude the webinar by delving into the topic of inheritance provisions for financial dependants and how this also applies to same-sex partners. In many circumstances, these cases can get rather ugly as they often involve opposite camps of beneficiaries and complex family estate disputes. They explain how making a simple Will can for most people prevent such costly litigation. SHOW NOTES: 00:14 Hurdles that same-sex couples face when a spouse is ill or passes away 03:53 Mental capacity and Enduring Powers of Attorney (EPOA) 07:00 Access to a spouse’s dead body and post-mortem arrangements 11:36 Inheritance rights when dying intestate 16:39 Inheritance provisions for financial dependants the HIP pride hub page: https://www.hugillandip.com/the-hip-pride/ Private Client, Probate & Trust practice: https://www.hugillandip.com/legal-services/private-client-probate-trust/

Alfred Ip and Azan Marwah discuss family planning and marriage as a protection of a couple’s (and their children’s) interests. They discuss adoption: from intra-family to step-parent adoption. So far, no married same-sex couple has brought forward any legal proceedings to adopt jointly; most children adopted by same-sex couples are adopted by one of the couple as a single parent. Similarly, nobody has challenged the bar that a single male parent can only adopt a child of the same gender as the applicant. Another topic Alfred and Azan speak about is in vitro fertilisation (IVF) and the lack of recognition of the rights of the non-gestational mother. Applying for a guardianship order is one of the first steps that couples in such situations should be proactive about and protect their rights and their children’s. Azan also explains the difference between guardianship orders, parental orders and adoption orders, whether obtained in Hong Kong or abroad. They also touch upon the minefield of surrogacy arrangements – including parental rights, possible criminal liabilities and the role of the surrogate mother. Getting legal advice at the outset is paramount! SHOW NOTES: 00:30 Marriage as a protection shield 02:27 Adoption 08:06 IVF 09:59 The difference between guardianship orders, parental orders and adoption orders 13:39 Surrogacy

Alfred Ip and Azan Marwah talk about divorce and the right to legally dissolve a same-sex marriage. They speak about the three big questions related to divorce (in general): the breakup of a relationship, the split of assets, the issues related to custody of children. SHOW NOTES: 00:40 Dissolving a same-sex marriage 04:00 Children’s rights and AA v BB court case 07:40 Complications linked to non-traditional married couples 16:56 Communication as key element 19:11 Compensation and the concept of fairness 25:46 Prenups and wealth planning tools the HIP pride transcripts and more > https://www.hugillandip.com/2023/06/to-divorce-or-not-to-divorce/

Alfred Ip and Azan Marwah discuss the importance of marriage and the value of family within society, including same-sex couples. Such value needs to extend protections afforded to everyone as a fundamental right, also when things break down, for example in case of divorce. Alfred Ip provides practical reasons why same-sex couples should still get married (overseas): examples span from stamp duty to basic protections related to inheritance. He also comments on the high cost of time, pressure and money for individuals, the government and tax-payers to have these cases heard in court. Azan Marwah points out the need for more people to come forward and bring challenges in order to keep the pace of progress. Moreover, he highlights the rights that these individuals have in being protected by anonymity. SHOW NOTES: 00:32 The importance of marriage and its value in society 03:55 Evolution of marriage in Hong Kong 08:05 Landmark court cases 13:36 Failing to implement new legislation 16:42 Practical reasons to get married 18:50 Rewards of changing the status quo 21:33 Anonymity orders

Jeffrey Chan and Geraint Ho discuss frauds involving cryptocurrencies and the possible remedies available to scam victims to recover assets, including different types of injunctions. Moreover, they highlight how bankers trust orders and Norwich Pharmacal orders can be used in order to trace funds and then pursuing the scammers in court to obtain and then enforce a judgment against them, or alternatively by obtaining a vesting order or a garnishee application. They conclude the podcast episode by highlighting some UK and Hong Kong court cases, as well as talking about differences between recovering fiat and crypto currencies in the ever-developing methods Show Notes 01:04 Different types of scams 04:23 Mareva injunctions 05:23 Proprietary freezing injunctions 06:43 Tracking down the funds 09:07 Obtaining and enforcing a judgement 10:35 Court cases: AA vs Persons Unknown 11:24 Court cases: Lavinia Deborah Osborne 12:47 Court cases: Ion Science 13:31 Court cases: Samara v Dan 19:00 Traceability of transactions To learn more about our Dispute Resolution practice: https://www.hugillandip.com/legal-services/dispute-resolution/

Geraint specializes in civil litigation, with a specific focus on commercial and estate-related disputes. Geraint qualified as a solicitor in early 2020 and is the first of Hugill & Ip’s home-grown lawyers. Drawn to the dynamic and often competitive nature of contentious work he is most at home with the firm’s dispute resolution team. Aside from a broad civil and commercial disputes practice, Geraint takes interest and specializes in probate and estate-related disputes; challenges to Wills, ownership disputes on estate assets, financial provision claims and dealing with wayward executors are all prominent aspects of his work. He also assists professional administrators with their duties, particularly where Court applications are involved. In 2022 Geraint was recognised Future Star by Benchmark Litigation for his contentious private client work. He has also received the pro-bono award from The Hong Kong Law Society for his service to the community. To learn more: https://www.hugillandip.com/solicitors/geraint-ho/

Alfred Ip talks to Hannah Bisson (Director of Business Development at Trident Trust) and Henno Boshoff (Counsel at Harneys) about the main reasons clients set up a Trust – might these be for ringfencing business assets or for giving back to the community or for tax reasons. SHOW NOTES: 01:50 Main reasons for setting up a Trust 09:37 How to choose a Trustee? 14:27 Who to add as a beneficiary? 18:02 Most common Trust structures 35:24 Understanding assets to be included in the Trust 39:48 Inter-vivos Trusts vs Will Trusts: pros and cons to consider 42:42 Setting up a Trust in an off-shore vs on-shore jurisdiction 48:47 Fees for setting up and managing a Trust If you wish to learn more about our Private Client, Probate & Trust practice, please check the dedicated section of our website: https://www.hugillandip.com/legal-services/private-client-probate-trust/

Frances specialises in family law: divorce and separations as well as children custody, care and control. She also represents clients in matters related to inheritance provisions for dependants. Learn more: https://www.hugillandip.com/solicitors/frances-tsang/

Frances Tsang and Raphael Wong discuss key elements related to adoption: criteria and procedures for adopting, the difference between doing an adoption privately or through the Social Welfare Department, getting consent following a court application, and the effects of adoption. They also highlight cases and first-hand experience in recent years. Show Notes 01:03 Different types of adoption 02:05 Statistics 03:08 Criteria 05:16 Consent and restrictions 16:27 Adoption by same-sex couples 17:51 The role of the Social Welfare Department 23:25 Overseas relocation Learn more: https://www.hugillandip.com/2023/01/podcast-s4e4-family-the-adoption-process-in-hong-kong/

Raphael specializes in Family and Private Client practice, including matrimonial, Probate & Trusts – both contentious and non-contentious. Learn more: https://www.hugillandip.com/solicitors/raphael-wong/

Jacqueline assists clients with non-contentious cross-jurisdictional probate and estate administration legal matters, as well as estate planning and drafting wills for high net-worth individuals. Learn more about her: https://www.hugillandip.com/solicitors/jacqueline-cheng/

Hong Kong families are generally familiar with using different assets holding structures (including off-shore structures) to hold their family assets, businesses, real estate and investment portfolios. However, such structures may have been set up without the assistance from professional advisors or may no longer be fit for purpose which can give rise to disputes. We are one of the few law firms in Hong Kong with a dedicated practice in contentious trusts and estates, combining our expertise in advising private clients in their wealth and estate planning and resolving any potential disputes among family members. Get more insights about our Contentious Trusts & Estates: https://www.hugillandip.com/legal-services/contentious-trusts-estates/

Alfred Ip and Geraint Ho discuss how family businesses and asset-holding companies can add another layer of complexity to family wealth disputes. They share common scenarios of wealth disputes and some of tips on how to best avoid these situations when setting up a family company or when planning its generational succession. Show Notes 00:57 The purpose of asset-holding vehicles 06:36 Family business and generational succession 11:06 Articles of Association 13:55 Common family business disputes 18:18 Valuation of a business 20:04 The importance of proper Estate Planning Learn more: https://www.hugillandip.com/2022/10/podcast-s4e3-contentious-trusts-estates-family-disputes-involving-companies/