New French Law Increasing Protection Provided by the Forced Heirship Rule

For foreign lawyers or expatriate families not familiar with French inheritance laws, but with assets in France, it is important to be aware of the existence of the forced heirship rule provided by articles 912 and following of the French Civil Code. According to this rule, some heirs, namely the deceased’s children and in some… Continue reading New French Law Increasing Protection Provided by the Forced Heirship Rule

Are Pre-nuptial Agreements Valid in Hong Kong?

In the Hong Kong case of SPH v SA, the court ruled that, in general, the family courts in Hong Kong should honour any Pre-nuptial Agreement (“PNA”) freely entered into by both parties unless there are circumstances that would render enforcement of the PNA to be unfair to one of the parties. This decision was… Continue reading Are Pre-nuptial Agreements Valid in Hong Kong?

Choosing a Jurisdiction for Marital and Pre-nuptial Agreements of Cross-border Marriages between France and Hong Kong

When dealing with French-Hong Kong cross-border marriages, the question that we get asked on a regular basis is: which is best when choosing between a French marital contract or a common law pre-nuptial agreement?  It is safe to say that there is no clear-cut answer to this question: it all depends on the personal situations… Continue reading Choosing a Jurisdiction for Marital and Pre-nuptial Agreements of Cross-border Marriages between France and Hong Kong

Identifying and Navigating Legal Risks for Startups

Legal risks are inherent in the process of running a startup. Yet, for first-time entrepreneurs, it is often very difficult to be cognizant of potential legal pitfalls. It is nonetheless worthy to spend some time and resources to avoid legal complications that may lead to business disruptions in the future. Due diligence is a critical… Continue reading Identifying and Navigating Legal Risks for Startups

A Guide for Charities in Hong Kong to Obtain Tax Exemption Status Under Section 88 of the Inland Revenue Ordinance (Cap. 112)

Charitable institutions with tax exemption status accorded by section 88 of the Inland Revenue Ordinance (Cap. 112) enjoy exemptions of stamp duty on transfer of any immovable property or Hong Kong stock, business registration fee, and profits tax on all their income which is solely applied for charitable purposes. Individual and business donors can also… Continue reading A Guide for Charities in Hong Kong to Obtain Tax Exemption Status Under Section 88 of the Inland Revenue Ordinance (Cap. 112)

Strategising Digital Transformation and Training Data-literate Teams for Business of Tomorrow

In the wake of COVID-19 comes a shower of government-led incentives to accelerate digital transformation in the business world, including the highly anticipated Distance Business Programme with funding worth HK$500 million. While the epidemic as a driving force is a most unfortunate and costly one, it does urge decision makers, especially of small- and medium-sized enterprises… Continue reading Strategising Digital Transformation and Training Data-literate Teams for Business of Tomorrow

Ordonnances de Protection Judiciaires sur fond de crise sanitaire du COVID19 Comparaison entre les législations en place en France et à Hong Kong

A Hong Kong, les familles se sont retrouvées à cohabiter à longueur de journées, des semaines durant, du fait du travail à domicile imposé et de la fermeture des établissements scolaires. Dans ces conditions, et du fait notamment de la petite surface des logements à Hong Kong, les tensions familiales sont exacerbées. Un certain nombre… Continue reading Ordonnances de Protection Judiciaires sur fond de crise sanitaire du COVID19 Comparaison entre les législations en place en France et à Hong Kong

Domestic Violence Orders Comparative Stance on Hong Kong and French Legislation amidst COVID-19 Crisis

As people have been working from home for weeks now and with children being home-schooled, things can get tense in the family home, especially in the small spaces we share in Hong Kong. A number of articles in SCMP, BBC, and CNN have featured articles indicating that there is an uptick in the number of… Continue reading Domestic Violence Orders Comparative Stance on Hong Kong and French Legislation amidst COVID-19 Crisis

Resource Hub on Measures and Funding under COVID-19

Anti-epidemic Fund As our society copes with the coronavirus outbreak, the Hong Kong government has earmarked HK$287.5 billion in three rounds of measures to help alleviate the financial burden of businesses and individuals. Read this booklet with key measures on: Employment Support Scheme (wage subsidies); Distance Business Programme (further details to be announced soon); Subsidy schemes for food licensees and sectors of construction, retail, arts… Continue reading Resource Hub on Measures and Funding under COVID-19

Resource Hub on Domestic Violence

Judiciary and Government Family Court Registry Address: M2, Wanchai Law Courts, Wanchai Tower, 12 Harbour Road, Hong Kong Telephone: 2840 1218 Fax: 2523 9170 Website E-mail: familycourt@judiciary.hk Legal Aid Department Telephone: 2537 7677 Fax: 2537 5948 E-mail: ladinfo@lad.gov.hk Website | Opening Hours Social Welfare Department – Victim Support Programme for Victims of Family Violence Address: Flat 102-107, G/F, Choi Lam… Continue reading Resource Hub on Domestic Violence

Domestic Violence during COVID-19: Solutions for Affected Individuals

As people have been working from home for weeks now and with children being schooled from home, things can get tense in the family home, especially in the small spaces we share in Hong Kong.  A number of articles in South China Morning Post, BBC, and CNN have featured articles indicating that there is an… Continue reading Domestic Violence during COVID-19: Solutions for Affected Individuals

Envisager un divorce à Hong Kong et en France Informations financières

Kimberly Ann Dasse, avocate en droit de la famille basée à Hong Kong, a préparé une série d’articles sur les procédures de divorce, examinant les principales étapes menant à la dissolution du mariage. Cette semaine, avec Sarah-Jane Tasteyre, avocate française exerçant à Hong Kong et au Royaume-Uni, elle compare l’obligation de déclaration d’informations financières à… Continue reading Envisager un divorce à Hong Kong et en France Informations financières

How to start your business in Hong Kong?

Hong Kong is deemed as an excellent place for carrying out business by many entrepreneurs not only because of its status as a leading global financial centre. Hong Kong’s simple tax system with low tax-rate, coupled with its world class infrastructure and proximity to the mainland Chinese market, have attracted numerous companies to establish their… Continue reading How to start your business in Hong Kong?

Legal Guardianship of Children for French Citizens Living in Hong Kong during COVID-19

The increasing number of French couples settling down in Hong Kong with children or having children in Hong Kong has led us many times in the past to deal with the issue of legal guardianship and how to deal with it in the unfortunate event that one of the parents or both die.  Concerns about… Continue reading Legal Guardianship of Children for French Citizens Living in Hong Kong during COVID-19

La tutelle d’enfants mineurs: état des lieux durant la crise du covid 19

Ces dernières années, le nombre croissant de couples français s’installant à Hong Kong avec leurs enfants ou décidant d’y fonder leur famille, nous a amené à nous pencher à plusieurs reprises sur la question de la désignation des tuteurs pour nos enfants mineurs afin de faire face au décès de l’un ou des deux parents.… Continue reading La tutelle d’enfants mineurs: état des lieux durant la crise du covid 19

Considering a Divorce in Hong Kong: Ground, Facts and Comparison with French Proceedings

Kimberly Ann Dasse, a family law practitioner based in Hong Kong, and Sarah-Jane Tasteyre, a French Registered Foreign Lawyer based in Hong Kong and United Kingdom, compare the Hong Kong requirements of  “grounds” and “facts” for divorce with the filing requirements in France. In Hong Kong there is only one ground for divorce:  that the… Continue reading Considering a Divorce in Hong Kong: Ground, Facts and Comparison with French Proceedings

Envisager un divorce à Hong Kong causes du divorce

Cette semaine, Kimberly Ann Dasse, avocate en droit de la famille à Hong Kong et Sarah-Jane Tasteyre avocate française exerçant à Hong Kong et au Royaume Uni comparent les exigences du droit hongkongais relatives aux causes du divorce et leurs implications éventuelles dans le cadre d’une procédure en France. A Hong Kong, il n’y a qu’un seul motif… Continue reading Envisager un divorce à Hong Kong causes du divorce

Considering a Divorce in Hong Kong: Financial Disclosures

Kimberly Ann Dasse, a family law practitioner based in Hong Kong, has prepared a series of articles on divorce proceedings, examining some of the main steps on the path to dissolving a union.  Last week she covered grounds and facts of divorce.  This week she covers financial disclosures. Once a petition is filed, the parties… Continue reading Considering a Divorce in Hong Kong: Financial Disclosures

Considering a Divorce in Hong Kong: Ground and Facts

Kimberly Ann Dasse, a family law practitioner based in Hong Kong, has prepared a series of articles on divorce proceedings, examining some of the main steps on the path to dissolving a union.  Last week she covered length of marriage and jurisdiction.  This week she covers “grounds” and “facts” for divorce. In Hong Kong there… Continue reading Considering a Divorce in Hong Kong: Ground and Facts

Conseils à L’Intention des Couples Français Résidant a Hong Kong qui Envisagent de Divorcer

Vous envisagez de divorcer à Hong Kong : remplissez-vous les conditions? Contrairement aux rumeurs qui circulent, tout le monde ne peut pas divorcer à Hong Kong. Il convient de rétablir la vérité. Bien au contraire, la loi et les tribunaux hongkongais exigent des personnes qui souhaitent divorcer à Hong Kong qu’elles établissent la durée de… Continue reading Conseils à L’Intention des Couples Français Résidant a Hong Kong qui Envisagent de Divorcer

Considering a Divorce in Hong Kong: Length of Marriage and Jurisdiction

Kimberly Ann Dasse, a family law practitioner at JC Legal in Hong Kong, has prepared a series of articles on divorce proceedings, examining some of the main steps on the path to dissolving a union.  This week she covers length of marriage and jurisdiction required prior to filing a petition.  Next week, she will examine… Continue reading Considering a Divorce in Hong Kong: Length of Marriage and Jurisdiction

JC Legal Consolidates Family Law Practice with Addition of Kimberly Ann Dasse as Consultant

JC Legal today welcomes Kimberly Ann Dasse as Consultant, consolidating its practice in cross-border family law with the home jurisdiction of Hong Kong alongside PRC and France. As a cross-border legal professional, Kimberly Ann Dasse brings with her over a decade of practising experience in the United States and legal training experience in Asia respectively.… Continue reading JC Legal Consolidates Family Law Practice with Addition of Kimberly Ann Dasse as Consultant

New Foreign Investment Law to Take Effect in China in 2020

On 15 March 2019, the National People’s Congress of China adopted the new Foreign Investment Law (the “Law”). It aimed to unify and streamline the framework of foreign investment in China, and build a market environment with stability, transparency, predictability and fair competition. The Law will take effect on 1 January 2020. How will the… Continue reading New Foreign Investment Law to Take Effect in China in 2020

Spice up Your Business in Southeast Asia

In light of the rising economic openness of Malaysia, JC Legal joined hands with their associate partner firm in Malaysia to stage a fireside chat on the basics to establish and grow business presence in Southeast Asia. The seminar featured Malaysian lawyers Chai Chuan Long, Partner of real estate practice, Lew Choon Meng and Ong Yee Chee,… Continue reading Spice up Your Business in Southeast Asia

Legal Consequence of Failure to Indicate Acceptance of Legacy

Citizens may, by making a will, bequeath their personal property in part or in full to the state, a collective or persons other than the statutory successors. However, in reality, there have been cases where successors lose their rights to inherit the estate due to a failure to indicate acceptance within the stipulated time frame.… Continue reading Legal Consequence of Failure to Indicate Acceptance of Legacy

Hong Kong Law Firm JC Legal Celebrates First Anniversary – Principal Janice Chew: Go Global Further and Launch Legal Tech This Year

Hong Kong law firm JC Legal celebrated its first anniversary with business partners and clients last Friday (25 January 2019), thanking their trust and support over the past year. JC Legal specialises in corporate law, cross-border investment, commercial litigation and intellectual property, serving in eight jurisdictions around the world with a clientele ranging from listed companies… Continue reading Hong Kong Law Firm JC Legal Celebrates First Anniversary – Principal Janice Chew: Go Global Further and Launch Legal Tech This Year

New Collaboration Between the Securities and Futures Commission of Hong Kong and the UK Financial Conduct Authority

On 8 October 2018, the Securities and Futures Commission of Hong Kong (“SFC”) and the UK Financial Conduct Authority (“FCA”) issued a Memorandum of Understanding (“MoU”) pursuant to which certain Hong Kong funds and UK funds may be distributed in each other’s market through a streamlined process. A stated purpose of the MoU is to… Continue reading New Collaboration Between the Securities and Futures Commission of Hong Kong and the UK Financial Conduct Authority

What is a Shareholders’ Agreement and Why Adopt It?

Shareholders’ disputes are one of the most common causes of business failures. It is particularly true when doing business in Asia, where foreign investors often face cultural differences, local commercial practices and specific legal requirements. Adopting a shareholders’ agreement can reduce such risks. Legally speaking, a shareholders’ agreement is a contract concluded between the founders… Continue reading What is a Shareholders’ Agreement and Why Adopt It?

Listing on the Hong Kong Stock Exchange Main Board A Guide for Biotech Companies

Highlights of Requirements for Companies Seeking to List on the Hong Kong Stock Exchange Main Board 1.   Financial Criteria (meet one of the three tests) Profit Test Profit ≥ HK$20 million for the most recent year, and aggregate ≥ HK$30 million for the two years before Market capitalisation ≥ HK$200 million at the time of listing… Continue reading Listing on the Hong Kong Stock Exchange Main Board A Guide for Biotech Companies

JC Legal Expands Practice in US and EU Joining Forces with Rooney Nimmo

Hong Kong law firm JC Legal announces today its affiliation with Rooney Nimmo, an international corporate law firm based in New York, London, Edinburgh and San Francisco, to grow its practice in the United States and the European Union. The move enhances the cross-border capacities of JC Legal beyond its strength in Asia and brings together legal professionals… Continue reading JC Legal Expands Practice in US and EU Joining Forces with Rooney Nimmo

Mastering the Game in Asia – Malaysia as an Export Hub

As the third largest economy in ASEAN in terms of GDP per capita in 2017, Malaysia has enjoyed close trade ties with Hong Kong over the years. Bilateral economic cooperation is set to strengthen with the advocacy of the Belt and Road Initiative promoted by the Chinese government starting from 2015, as the country falls… Continue reading Mastering the Game in Asia – Malaysia as an Export Hub

Amendments to Securities and Futures (Professional Investor) Rules Expected to Take Effect on 13 July 2018

The Securities and Futures (Professional Investor) Rules (PI Rules) will be amended to incorporate modifications previously granted by the Securities and Futures Commission (SFC) under section 134 of the Securities and Futures Ordinance (SFO). The amended PI Rules are expected to come into effect on 13 July 2018, subject to the legislative process. The amended PI Rules will… Continue reading Amendments to Securities and Futures (Professional Investor) Rules Expected to Take Effect on 13 July 2018

Is Blockchain Technology Disrupting Intellectual Property Management and Legal Practice in Hong Kong?

Public interest in the blockchain has spiked since the latter half of last year. As shown by Google Trends, web and news search of the term has grown exponentially since April 2017. The blockchain is essentially a decentralised ledger that stores data securely by encryption and distributes them publicly across a network of data-receiving nodes.… Continue reading Is Blockchain Technology Disrupting Intellectual Property Management and Legal Practice in Hong Kong?