Announcement: JC Legal won accolades at Globee Business® Awards 2 years in a row; Janice Chew made it to LexisNexis® 40 Under 40

For 2 years in a row, JC Legal and our Principal Janice Chew are honoured to be recognised at the Globee Business® Awards. We pride ourselves on our bespoke service and are hugely grateful for all the recognitions to enable us to constantly improve, upgrade and evolve. Let’s have a look of our accolades!  … Continue reading Announcement: JC Legal won accolades at Globee Business® Awards 2 years in a row; Janice Chew made it to LexisNexis® 40 Under 40

JC Legal Celebrates 2nd Office Move in 4 Years – Legal Service Made Easy by Virtual Legal Clinic and Startup Steward Programme

New chapter at a new office JC Legal relocated its office to Strand 50, Sheung Wan, in June 2022 with an expanding team. This marked the law firm’s second move in four (4) years and a sign of its extraordinary growth as one of the top 30 fastest-growing firms in Asia, despite prolonged disruptions by… Continue reading JC Legal Celebrates 2nd Office Move in 4 Years – Legal Service Made Easy by Virtual Legal Clinic and Startup Steward Programme

Published
Categorized as News Tagged

Caught Between Disclosure for Justice and Customer Confidentiality – The Role of Banks in Cyber Fraud

We read news about cyber fraud much often than we did a decade ago. With the advancement of online bank transfer, a simple click on your smart phone enables instant transfer of monies. A common pattern we observe is fraudsters taking advantage of this technological development to easily access email accounts or instant communications and… Continue reading Caught Between Disclosure for Justice and Customer Confidentiality – The Role of Banks in Cyber Fraud

Is Your Next Office in the Metaverse?

With the COVID-19 pandemic, more and more companies have adopted remote work. Employees may choose not to go back to the office, but work from home virtually. In an interview, Bill Gates mentioned that “remote working would only pull more people into the metaverse.” Metaverse? In simple words, the metaverse is a virtual office space with… Continue reading Is Your Next Office in the Metaverse?

Think twice before asking your employees to remain on call 24/7 on a statutory rest day

Working hours in Hong Kong are notoriously long and demanding. It may therefore come as no surprise that Hong Kong was recently ranked 45th out of a list of 50 cities in work-life balance and was ranked overall as the top overworked city[1]. With modern technology enabling employees to have access to work resources remotely, some… Continue reading Think twice before asking your employees to remain on call 24/7 on a statutory rest day

It Takes Two to Defraud – How to Mitigate Losses and Prevent Receiving Dirty Money

With the advancement of technology, we become more and more familiar with online payment and transaction. At the same time, the convenience of Internet transfer brings along the acceleration in the number of multiple-jurisdictional cyber fraud cases. In this article, we wish to share our observations from cases that we have worked on and provide… Continue reading It Takes Two to Defraud – How to Mitigate Losses and Prevent Receiving Dirty Money

Changes to Maternity Leave in The Employment (Amendment) Bill 2019

The Employment Bill of 2019, passed by Hong Kong’s Legislative Council, introduced new maternity benefits for female employees, which are aimed at improving their welfare. On December 11, 2020, the Employment (Amendment) Ordinance 2020 took effect, increasing the mandatory maternity leave from 10 to 14 weeks. The Hong Kong Labour Department also announced that employers can now… Continue reading Changes to Maternity Leave in The Employment (Amendment) Bill 2019

Unpaid Leave under COVID-19 – Is it Legal in Hong Kong?

Employment law issues in relation to COVID-19 are currently at the forefront with the unemployment rate constantly reaching its peak in view of the financial and operational difficulties posed by the pandemic on businesses. Small businesses are peculiarly vulnerable under the pandemic given the cashflow shortage and decreasing revenue with dampening consumer sentiment and the… Continue reading Unpaid Leave under COVID-19 – Is it Legal in Hong Kong?

JC Legal shortlisted for 3 accolades at ALB Hong Kong Law Awards 2021 – Janice Chew hailed finalist of Young Lawyer of the Year

JC Legal makes a mark at the pre-eminent ALB Hong Kong Law Awards 2021 organised by Asian Legal Business, being shortlisted for Rising Law Firm of the Year, Transactional Boutique Law Firm of the Year and Dispute Resolution Boutique Law Firm of the Year. The firm’s Principal Janice Chew also entered the finals for Young Lawyer of the Year. “It is a… Continue reading JC Legal shortlisted for 3 accolades at ALB Hong Kong Law Awards 2021 – Janice Chew hailed finalist of Young Lawyer of the Year

Hong Kong’s Newest Open-ended Fund Companies Regime

In September 2020, the Securities and Futures Commission (SFC) announced changes to the open-ended fund companies (OFC) regime. This provides interested parties with a new option in terms of company structure and could potentially contribute to the provision of a broader range of investment products in Hong Kong. What is an OFC? An OFC is… Continue reading Hong Kong’s Newest Open-ended Fund Companies Regime

What can you do with a Shareholders’ Agreement?

The shareholders’ agreement is a key legal document that regulates the affairs of the company. If you are a founder of a startup that is about to enter its first round of fundraising, you can expect that your investors will be keen to enter into a shareholders’ agreement with you that sets out the roles… Continue reading What can you do with a Shareholders’ Agreement?

Forming a Joint Venture with a Foreign Company

A joint venture (“JV”) is a business entity formed by two parties sharing similar vision and goal to develop a business. This joint entity is usually formed to achieve broader business opportunity. A typical example is where a company with good reputation in the local market envisions to expand its business to a foreign market.… Continue reading Forming a Joint Venture with a Foreign Company

The commercial marriage of starting a business with friends – Are you a director, a shareholder, or both?

With more people feeling fed up with a day job and choosing to create a dream career of their own by entrepreneurship, it also means navigating a very different playing field hands-on rather than having most administration taken care of as an employee. The most common area of confusion for most early entrepreneurs is the… Continue reading The commercial marriage of starting a business with friends – Are you a director, a shareholder, or both?

Children and COVID-19: Isolation Orders and the Prevention and Control of Disease Ordinance

With the latest spike in COVID cases, several news outlets have reported on Hong Kong government policy in the event a child or the parents test positive for COVID. We first addressed this issue in August 2020 after receiving several inquiries seeking assistance to plan for this contingency. Under the Prevention and Control of Disease… Continue reading Children and COVID-19: Isolation Orders and the Prevention and Control of Disease Ordinance

Four Things to Note in Equity Financing

Equity financing generally means raising capital through the sale of shares, a stake of ownership in a company, in return for upfront funding, which is one of the common ways for a company to raise funds from investors. Based on our first-hand experience, this article intends to help founders and investors understand four key issues… Continue reading Four Things to Note in Equity Financing

What happens if one of the co-founders of my startup leaves?

Founder fallouts are not uncommon for startups, especially when things don’t go smooth. It can happen to the best of friends. What really happens when one of your co-founders leaves depends on how prepared and how well thought out you are at the conception of your startup company. In short, a carefully devised vesting schedule… Continue reading What happens if one of the co-founders of my startup leaves?

Does Santa Wear a Mask?

Like many children our age, presents “only” came twice a year:  birthdays and Christmas.  There were no random visits to malls to update our supply of toys.  Sure, there was the occasional surprise by a visiting gramma or relative, but the marker of the kid-year was your birthday as the warm-up with Christmas being the… Continue reading Does Santa Wear a Mask?

Cousins and Friends During the Holidays

Facing the holidays under the threat of masks, hand sanitisers, and lockdown, it might be tough to feel excited about welcoming Santa into our homes, especially as we consider the experience of the little ones around us.  If we compare our own happy holiday memories filled with family to those of the ones our little… Continue reading Cousins and Friends During the Holidays

Protect Your Brand – FAQ on Trademark Registration in Hong Kong

What counts as a trademark? A trademark usually takes the form of a logo or sign that would serve as distinctive corporate identity. It may consist of text and numbers, as well as more intangible elements such as colour, sound, smell and shape. The full definition according to the Intellectual Property Department (IPD) of Hong Kong is… Continue reading Protect Your Brand – FAQ on Trademark Registration in Hong Kong

Cross-border Christmas Celebrations and Coronavirus

With the holidays approaching, many families are making difficult decisions on how to celebrate in the midst of the pandemic.  For folks who have pre-arranged visitation agreements, particularly in cross-border matters, plans that have been set in place and agreed may get disrupted. With waves of virus increasing in some jurisdictions and mandatory quarantines in… Continue reading Cross-border Christmas Celebrations and Coronavirus

3 Legal Tips for E-commerce Entrepreneurs

The world of e-commerce has grown exponentially and continues to grow at a rapid rate under the current circumstances. This presents entrepreneurs with opportunities to digitalise their business and expand to the global market. However, regulating a worldwide market means strict enforcement of the law to ensure fair practice and compliance. With that said, entrepreneurs… Continue reading 3 Legal Tips for E-commerce Entrepreneurs

A Glimpse Into the New Limited Partnership Fund Ordinance (LPFO)

Hong Kong’s existing legislation for limited partnerships, the Limited Partnership Ordinance (“LPO”), has not been materially updated since its inception in 1912. It comes as no surprise that industry participants often regard the existing regime as outdated and insufficient to accommodate the operational needs of modern asset managers.  As an initiative to strengthen the competitiveness of Hong… Continue reading A Glimpse Into the New Limited Partnership Fund Ordinance (LPFO)

What are the Challenges in Drafting a Pre-nuptial Agreement?

A Pre-nuptial Agreement (“PNA”) is a unique form of contract, but unlike most contracts, there is an emotional component to a PNA. In the business world, contracts are used to ensure the smooth sale of goods, to buy and sell real estate, or to obtain a promise to perform services. PNAs perform the same function, but the context is different. They… Continue reading What are the Challenges in Drafting a Pre-nuptial Agreement?

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

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

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

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?

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

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

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

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

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

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?