We are a Hong Kong-based law firm with a team of more than 25  Hong Kong lawyers. We have notary public,  China-Appointed Attesting Officer and more than 15 civil celebrant of marriages.

MOTTO : LEGAL EXPERIENCE‧SPEED‧LOW-COST

Our lawyers specialise in simple legal works. As examples, we handle and file more than 200 divorce cases with the Hong Kong divorce court each month, more than 100 bankruptcy applications to the Hong Kong bankruptcy court each month. Divorce petitions and bankruptcy petitions are filed with court every day and can therefore be speedily dealt with and completed on a timely basis. Legal fees are low because our cost is low: non-prime law office locations and some are self-owned law office premises.

Strong Legal Team & Convenient Law Offices

We have more than 25 lawyers qualified to practise Hong Kong laws and about 100 supporting legal staff. Many are qualified legal executives who possess basic legal knowledge and legal skills/experience.

Our  law offices are distributed over Hong Kong. This enables our lawyers to provide legal services convenient to clients. Time saved means money saved.

What is a will in Hong Kong?

A will in Hong Kong is a testamentary legal document made according to the Wills Ordinance.

A will is a legal document you use to leave property to close family members, friends, or charities. In your will, you name beneficiaries to inherit your property, an executor to wrap up your estate, and guardians to care for your young children. You can set up a trust for money inherited by children. You can also forgive debts owed to you and state how you want your debts, expenses, and taxes to be paid.

What can I do with a Will?

With a Will you can:

• Name beneficiaries (and alternate beneficiaries) to inherit your property.
• Name a guardian to care for your young children.
• Create a trust or a custodianship and choose an adult to manage your children's
• State how your debts, expenses, and taxes are to be paid.
• Name an executor to carry out the terms of your will.

How much does a Will cost?

$1000 to $3000 depending on complexity.

What information do I need to make my will?

It will be easier to make your will if you have gathered some information first:

• a rough inventory of your property (but if you plan to leave everything to one or a few people, you can skip this)
• a list of beneficiaries -- that is, the people who will get your property
• a list of alternate beneficiaries -- the people who will inherit your property if your first-choice beneficiary dies before you
• if you have young children, a list of your first and second choices for guardian
• a list of your first and second choices for executor

How long will it take to make my will?

You could make a very basic will in just a few minutes. But a will is an important document; don't rush. Put aside an hour or two to think about your wishes and make your will.

When do I pay?

When you have decided to instruct us to prepare the will and given us your instructions on its content.

What do I do with my completed will?

We shall give the completed will to you after you have signed it and witnessed by two witnesses provided by us. Store this original document in a safe place, such as a bank safety box.

Can I make copies of my completed will?

It's fine to give a copy of your will to your executor or other loved ones for informational purposes.

Do not sign more than one copy of the will. Doing so creates more than one original document and could cause confusion after your death.

What other estate planning documents might I need?

In addition to a will, you might consider making: a living trust (whose main advantage is to avoid probate court proceedings after your death) and a power of attorney (to allow a trusted person to arrange your affairs if you can't).

Is it safe to make a will without a lawyer?

Home-made wills are common in Western countries. Because a will is a very important document, a will prepared by a lawyer will be more safe. It is cheap and convenient to prepare a will in Hong Kong.

Is a simple will enough for me?

It's always fine to make a simple will. Simplicity will create the least uncertainty. But there are some situations in which you may need more than a simple will and should get expert advice or, at the least, investigate your options. For example:

• If you anticipate family fights, see a lawyer for advice on how to stave off bad feelings and legal battles.
• If you want to set up a long-term trust for a child with special needs.

Choosing the right real estate agent is an important decision which can dramatically impact your selling or purchasing experience. The following is a partial list of factors you should consider in selecting the right real estate broker.

Selling

Commission - in general, a broker would not charge more than 1% of the sales price.

Comparable Sales - ask the agent to provide you with a list of other properties with similar characteristics which recently sold in your area.

Familiarity with your Neighborhood - make sure you choose an agent who is very knowledgeable about your specific neighborhood.

Exclusivity of Agency - unless your property is extremely valuable and the estate agent is prepared to allocate certain advertising cost for its sale, Sole agency is undesirbale.

Advertising - Find out where and how often the property will be advertised. If you list the property in the newspaper, other publications and the real estate agent's website.

Open Houses - Find out if the real estate agent will be scheduling open houses. Although these open houses are usually not the most effective marketing tool, they can help sell your home.

Preparing Your Property for Sale - Does the realtor have good suggestions about how to make your property more appealing to potential purchasers?

Purchasing

Find a real estate agent who listens to you and understands your priorities.

Find an agent who is free when you need them.

Choose an agent who points out the negatives, as well as the positives, of each property. There are many possible problems with a flat, the property or location which may not be obvious to a potential buyer. Make sure your agent informs you of these negatives.

If you are looking in different towns, consider using more than one agent. The agent you are thrilled with in one town may not be as knowledgeable about properties in other towns.

Find an agent who keeps you informed of new listings. Once your agent understands what you are looking for in a home, he/she should contact you as soon as new listings come on the market. Make sure your real estate agent has you in mind when new listings hit the market so that you do not miss these opportunities.

In the event we can no longer care for ourselves it is important to have in place a method of ensuring that those people we trust the most have the power to look out for our best interests. 

A Power of Attorney grants those people we trust the most, the power to do this.  It is the legal step that grants important powers to ensure that the care, welfare and administration of your financial and legal affairs are managed by those you most trust. 

Preparing these documents well in advance assists you and your family to prepare for your future care.  It also may avoid conflict between loved ones as you have set a clear path for your care.

Very often, a Power of Attorney is prepared for disposing a real property. This will enable you to sell the property without your physical presence. The attorney will sign the documents such as agreement and assignment for you. You must find a lawyer to prepare a Power of Attorney and handle its execution. Buyer does not accept invalid or doubtful Power of Attorney.

Legal fee of a Power of Attorney

Legal cost on preparing a power of attorney is about $1500. A simple power of attorney can be drawn up and executed on the same day. 

FAQ on Power of Attorney in Hong Kong

Frequently Asked Questions (FAQ) on Power of Attorney

General Information

Q: What is a Power of Attorney (POA)?
A: A Power of Attorney (POA) is a legal document that allows one person (the donor) to appoint another person (the attorney) to make decisions and act on their behalf in financial, legal, and property matters.

Q: Why would I need a Power of Attorney?
A: A Power of Attorney is useful if you become unable to manage your affairs due to illness, absence, or incapacity. It ensures that your financial and legal matters are handled by someone you trust.

Types of Power of Attorney

Q: What are the different types of Power of Attorney in Hong Kong?
A: In Hong Kong, there are two main types of Power of Attorney: General Power of Attorney (GPA) and Enduring Power of Attorney (EPA). GPA is usually for short-term or specific purposes, while EPA continues to be effective even if the donor becomes mentally incapacitated.

Q: What is the difference between a General Power of Attorney and an Enduring Power of Attorney?
A: A General Power of Attorney is typically used for specific or temporary purposes and becomes invalid if the donor becomes mentally incapacitated. An Enduring Power of Attorney remains valid even if the donor loses mental capacity.

Creating a Power of Attorney

Q: How do I create a Power of Attorney in Hong Kong?
A: To create a Power of Attorney, you must complete the relevant legal forms and have them signed in the presence of a solicitor. It is important to seek legal advice to ensure the document is correctly drafted and legally binding.

Q: Can I appoint more than one attorney?
A: Yes, you can appoint more than one attorney. You can specify if they must act jointly (together) or severally (independently).

Responsibilities and Limitations

Q: What powers does an attorney have under a Power of Attorney?
A: An attorney can handle financial and legal matters, such as managing bank accounts, paying bills, and handling property transactions. The extent of their powers is defined in the POA document.

Q: Are there any limitations to what an attorney can do?
A: Yes, an attorney cannot make decisions outside the scope defined in the POA document. They must act in the best interests of the donor and cannot use the POA for personal gain.

Revoking a Power of Attorney

Q: How can I revoke a Power of Attorney?
A: A Power of Attorney can be revoked at any time by the donor as long as they are mentally capable. The revocation must be done in writing and should be communicated to the attorney and any relevant third parties.

Q: What happens if the donor or attorney passes away?
A: A General Power of Attorney automatically becomes invalid if the donor or attorney passes away. For an Enduring Power of Attorney, it remains valid until the donor's death but becomes invalid upon the attorney's death.

Legal Considerations

Q: Do I need a lawyer to draft a Power of Attorney?
A: While it is not legally required to have a lawyer draft a Power of Attorney, it is highly recommended to ensure the document is correctly drafted and complies with legal requirements. Legal advice can help prevent future disputes or issues.

Q: How is a Power of Attorney registered in Hong Kong?
A: An Enduring Power of Attorney must be registered with the High Court of Hong Kong. General Powers of Attorney do not require registration but should be properly executed and stored securely.

For more information or to create a Power of Attorney, please contact our professional legal team. We are here to assist you with all your legal needs regarding Power of Attorney in Hong Kong.

Beneficiary: Person entitled to receive assets from a testator/testatrix's estate.

Bequest: Specific item left to someone under a Will - e.g. an item of jewelry, a painting, etc.

Estate: Term used to generally describe testator/testatrix's possessions, assets and affairs on death.

Executor: Male person appointed to handle the testator/testatrix’s affairs on death. Female person appointed is called Executix.

Legacy: Amount of money left to someone under a Will. Person left an amount of money under a Will is called Legatee.

Residue: Remainder of assets once any specific bequests, legacies, expenses, etc have been paid. More often, it is called Residuary Estate.

Testator: Male person making a Will. Female person making a Will is called Testatrix.

Trustee: Another term used for the Executor holding assets in trust for a beneficiary of the Will.

This scenario illustrates how Jane Lee's will ensures that her assets are distributed according to her wishes, providing clear instructions on the division of her real property, cash, and remaining assets. It also highlights the importance of appointing an executor and considering guardianship arrangements if applicable.

Background

Jane Lee, a 65-year-old retiree, is drafting her will. She has two children, a son named Alex and a daughter named Emily. Jane wants to ensure that her assets are distributed according to her wishes after her death.

Assets

• Real Property: A house in Kowloon, Hong Kong, solely owned by Jane.
• Cash in Bank: HK$1,500,000
• Remaining Assets: Personal belongings, investments, and any other miscellaneous assets.

Will Content

Distribution of Real Property

Jane decides that her house in Kowloon will be divided equally between her two children, Alex and Emily. Each child will inherit a 50% share of the property.

Distribution of Cash

Jane specifies that her cash in the bank, totaling HK$1,500,000, will be divided as follows:

• 1/3 (HK$500,000) to Alex
• 2/3 (HK$1,000,000) to Emily

Distribution of Remaining Assets

All remaining assets, including personal belongings, investments, and any other miscellaneous assets, will be given to her daughter, Emily.

Example Will Content

This is the Last Will and Testament of Jane Lee:

1. Real Property:

   • I bequeath my house located in Kowloon, Hong Kong, to my son Alex Lee and my daughter Emily Lee, to be divided equally between them. Each shall inherit a 50% share of the property.

2. Cash in Bank:

   • I bequeath the sum of HK$1,500,000 in my bank account to be divided as follows:
     • HK$500,000 (1/3) to my son Alex Lee.
     • HK$1,000,000 (2/3) to my daughter Emily Lee.

3. Remaining Assets:

   • I bequeath all my remaining assets, including personal belongings, investments, and any other miscellaneous assets, to my daughter Emily Lee.

4. Executor:

   • I appoint my brother, Thomas Lee, as the executor of this will. In the event that Thomas Lee is unable or unwilling to serve as executor, I appoint my friend, Linda Wong, as the alternate executor.

5. Guardianship:

   • If applicable, I appoint Emily Lee as the guardian of any minor children I may have at the time of my death.

6. Residue Clause:

   • Any residue of my estate not specifically mentioned above shall be given to my daughter Emily Lee.

Signed by: Jane Lee

Date: [Insert Date]

Witnesses:

1. Name: [Witness 1 Name]
   Signature: [Witness 1 Signature]
   Date: [Insert Date]

2. Name: [Witness 2 Name]
   Signature: [Witness 2 Signature]
   Date: [Insert Date]

A Will is a legal document which records your intentions as to who receives your assets, who will manage your affairs and who will look after your children after your death.  If you do not have a Will at the time of your death, the above matters will be determined according to the laws of intestacy (i.e. having no wills). The manner of distribution under the "no-will" laws may not match your intentions.

When to Make a New Will ?

An existing will can be replaced by a new will. People make a new will because of the following possible reasons:-

• having just got married. Marriage revokes all earlier wills. No will may be needed.
• separation with the spouse, divorced or spouse's death.
• having a new child.
• having a big fortune e.g. inheritance, mark-six lottery winning.

Real-Life Scenarios Illustrating the Impact of Life Events on Wills

Scenario 1: Just Got Married – Marriage Revokes All Earlier Wills

Background: Jenny and Tom have just got married. Jenny had a will made several years ago, leaving her assets to her siblings.

Implication: According to Hong Kong law, marriage revokes all earlier wills unless the will explicitly states that it was made in contemplation of marriage. Therefore, Jenny's existing will is no longer valid.

Outcome: Jenny and Tom need to create new wills to reflect their current wishes. Jenny can now decide how she wants to distribute her assets, considering her new marital status. It is advisable for both Jenny and Tom to seek legal advice to ensure their new wills are comprehensive and valid.

Caveat: Newlyweds should review and update their wills as soon as possible after marriage to ensure their wishes are legally documented.

Scenario 2: Separation, Divorce, or Spouse's Death

Background: After five years of marriage, David and Laura decide to separate. They later get divorced, and a few years after the divorce, Laura passes away.

Implication: During the separation and divorce, any wills that David or Laura had, leaving assets to each other, would need to be reconsidered. After the divorce, if Laura did not update her will, it might still include David as a beneficiary, which might not reflect her current wishes.

Outcome: David and Laura should both update their wills post-divorce to reflect their new circumstances and wishes. If Laura did not update her will before passing away, the distribution of her estate might not align with her current wishes, potentially leading to disputes among surviving family members.

Caveat: It is essential to update your will immediately after significant life changes such as separation, divorce, or the death of a spouse to ensure your estate is distributed according to your current wishes.

Scenario 3: Having a New Child

Background: Alex and Maria just welcomed their first child, Lucy. They previously created wills when they got married.

Implication: The birth of a new child significantly impacts estate planning. Alex and Maria need to ensure that their wills reflect their new family situation and provide for Lucy's future.

Outcome: Alex and Maria should update their wills to include provisions for Lucy's guardianship, financial support, and inheritance. This ensures that Lucy is taken care of according to their wishes if anything happens to them.

Caveat: Parents should review and update their wills whenever they have a new child to ensure their child's future is protected and their estate planning is up to date.

Scenario 4: Receiving a Large Fortune (e.g., Inheritance or Lottery Winning)

Background: Mark recently won the Mark Six lottery, receiving a substantial amount of money. He and his wife, Lisa, have existing wills.

Implication: A sudden increase in wealth requires re-evaluation of their wills to ensure the new assets are appropriately protected and distributed.

Outcome: Mark and Lisa should update their wills to reflect their new financial situation and determine how the new assets will be distributed in the event of their deaths. This includes specifying beneficiaries and any specific wishes for the distribution of their newfound wealth.

Caveat: Major financial changes, such as receiving an inheritance or lottery winnings, necessitate immediate updates to wills to protect the new assets and ensure they are distributed according to current wishes.

These scenarios highlight the importance of regularly reviewing and updating wills in response to significant life events. Seeking legal advice is essential to ensure that these documents remain valid, comprehensive, and reflective of current circumstances.

Esate Duty Abolished

Estate duty (inheritance tax or death duty) has been abolished in Hong Kong. Succession planning nowadays has become simpler. Legacies are not subject to Government tax unless a transfer of beneficial interests not within the scope of the laws of succession.

Wills are not just for senior citizens.  Wills are particularly important to parents who wish to provide their own children security. Children can be clear who will be taking their care should their parents or guardians come to an untimely death.

Some people do not have any obvious dependants. A Will can avoid the Government taking control of assets on his demise.

Simplest succession planning is by preparing a will. Our lawyers are in a position to carry out such a simple task. However, there many be some other related issues such as the dealing of assets in joint names, the freezing of assets before probate is granted. Our lawyers can provide you with up to date and timely advice on preparing your will and succession planning so that the assets are distributed according to the will. 

• estate agent practising in Hong Kong must be licensed. But it is easy find one who is licensed
• the appointment can be made in a way of "single agency" (i.e., the agent represents only the buyer) and “dual agency” (i.e. the agent represents both the buyer and the vendor)
• estate agent will sign with you an estate agency agreement.
• before signing you should understand the various terms, including validity period of the Agreement (usually 3 months) and agreed commission paid by buyer and seller (usually 1% each BUT the amount or % is negotiable) and other special terms of the Buyer (if applicable)
• ask for a receipt upon paying a fee

Buyer can confirm the following property information by search on the Internet, real estate agents, developers and the current owner and when necessary seek the service of a conveyancing lawyer:

• Name of current property owner and his/her ownership right
• Property age, gross area and saleable area of the property
• Information of area and environment surrounding the property
• Current property situation(owner occupied or leased)
• Current usage of the property: whether the use of the property is specified as residential
• Rates, Government rent, property maintenance cost and management fee,etc.
• Illegal structure (e.g. altered balcony) and maintenance order
• Consult the bank if the property can be mortgaged

Key elements to be considered when choosing the property:

• Property value and affordability
• Property location and information of area surrounding the property
• Property age
• Size and property type
• Quality of building materials 
• Developer, property management and security control
• Uncompleted flat or completed flat (first hand or second hand)
• Environment, transportation, public facilities, school network and future development of the area
• Resale value of the property

In both scenarios, the involvement of independent legal advice was essential to ensure that the pre-nuptial agreements were fair, comprehensive, and more likely to be upheld by the court. Seeking professional legal advice is a critical step in the process of drafting a pre-nuptial agreement.

Our conveyancing legal team stands ready to assist you in completing the title acquisition of the property you intend to purchase. We have extensive experience and skill sets on dealing with purchase of houses, apartments, commercial properties such as offices and factories.

Below we have some helpful information on buying real estate in Hong Kong and what the process involves. Our legal team can guide you through the whole process very simply so you that you do not unwittingly fall into any traps due to a lack of understanding.

Are there restrictions on foreign ownership?

There are NO restrictions. Foreigners are permitted to own any land or properties in Hong Kong without any restrictions.

What are my ownership options?

In Hong Kong, you have the option to buy as an individual (including joint names with your spouse) or through a corporation. For large projects, its best to own property through a Hong Kong corporation.

Step One: Confirm the title

People usually find a property through an estate agent. On finishing negotiation, the estate agent will arrange you to pay an initial deposit and to sign a provisional agreement for sale and purchase with the seller.

Before the signing, the first thing you need to do is confirm the legal owner of the property. This is done by making a title search at the Land Registry which is a Government department deposited with all property instruments on land. Either the estate agent or your lawyer may do that on your behalf.

Step Two: Checking the Title

Unlike many other countries, Hong Kong does not practise title registration. Therefore, owner's title is not proved by a title certificate. To ascertain the title, you need a conveyancing lawyer to investigate the title by perusal all instruments relating to the property you intend to purchase. Title investigation is usually done by your lawyer after the signing of the formal agreement for sale and purchase.

Step Three: Signing of Formal Agreement for Sale and Purchase

After you have signed the provisional agreement for sale and purchase, the estate agent will help you to pass its copy to your lawyer. Your lawyer will then contact the seller's lawyer. They will negotiate and agree on the terms of the formal agreement for sale and purchase. After agreement, your lawyer will arrange you to sign it and at the same time arrange you to pay the balance of deposit. By this stage, you will have paid a sum equal to 10% of the property price.

Step Four: Registration of the Formal Agreement for Sale and Purchase

Your lawyer will cause the registration of the formal agreement for sale and purchase at the Land Registry to protect your interest in the property.

Your lawyer will eventually receive the title instruments from the seller's lawyer. He will check the title and give advice you on its title aspect. He may do updated search at the Land Registry if necessary and raise title questions to the seller's lawyer to answer.

Getting clean title to property can be a problem and therefore you need an experienced conveyancing lawyer.

Step Five: Deed Execution: Assignment for Transfer of Title

Once you are satisfied that the title is in order you will sign an assignment with the seller with the arrangement by your lawyer. An assignment is a deed which helps to transfer the property's title to you. You arrange for payment by arranging financing.

Step Six: Transfer the Funds

Purchase price is paid by cheques drawn at your lawyer's bank account. Your lawyer will arrange with you to make sure that your money is available in their account to pay for you by their cheques. The safest thing is pay your lawyer the money several days before the completion date to enable clearance of the fund. This is extremely important in Hong Kong because non-payment before the agreed completion time on the completion date will mean your breach of the agreement. Breach will result in loss of the deposit and a seller's claim for other losses. When your lawyer has paid the purchase price for you in full to the seller, the seller will send the keys of the property to your lawyer to enable you to take possession of it.

Step Seven: Register the Assignment at the Land Registry

Your lawyer will do this for you in order to protect your interest in the property. Once the registration process is completed, our lawyers will give you the registered deeds and the property will be yours. In case your purchase is financed by a bank's mortgage, the registered deeds will be passed to the bank for their custody as a lending security.

Transaction Costs: Commission and Legal Cost

Real estate agent commissions typically 1% of the price and are paid by the seller and the buyer each. The legal fee to your lawyer is by agreement. There is no standard fee.  Agree the fee with your lawyer before you appoint them to deal with the conveyance. The buyer must pay the expenses registering the new deeds. The amount is fixed by the Government. For example, it is $500 to register a mortgage deed. The same fee amount applies to an assignment.

Government Tax: Stamp Duty

You have to pay the Government stamp duty on the transaction. Foreigners or corporations buying residential properties in Hong Kong would be subject to special items of stamp duty. Consult a conveyancing lawyer before you sign a purchase contract. If you let a property to a tenant, you have to pay the property tax on the rental income. However, there is no capital tax in Hong Kong.

Financing

It is easy to get a mortgage in Hong Kong if you have an income. Local financing is widely available for foreign residents. Many banks in Hong Kong are extremely active in the mortgage loan markets. They offer terms to home buyers with competitive rates. The loan term can be as long as up to 25 years.

PROPERTY HOTLINE: 95099999

• Brain Injury and Brain Damage
• Broken Bone Injuries
• Fractured Bone Injuries
• Head and Skull Injuries
• Herniated Disc / Orthopedic Injuries
• Paralysis Injuries
• Spinal Cord and Lumbar Injuries
• Other serious injuries

Your basic claims are: Lost Wages, Medical Expenses, Trauma, Pain & Suffering.

If you or someone you know has been injured in a caraccident or if you have suffered a serious personal injury of any kind where a third party may have been at fault, you need to act decisively and consider a personal injury lawyer.

We urge you to retain a reputable personal injury lawyer immediately. Your lawyer will protect your case.

What you should do if you’ve been injured in an accident:

• Retain a reputable personal injury lawyer as soon as possible.
• Get a copy of the police report.
• If you have been hospitalized, keep the medical records and reference.
• If your car accident involved multiple vehicles, get insurance information from all drivers.
• Get licence plate numbers, driver’s names and addresses of all parties involved in your accident.
• Secure names and addresses of all relevant witnesses to your accident. If possible, take statements from them immediately. Do not wait to gather your witnesses. Talk to them while they are still emotionally involved in your potential case. Memories fade, people move away or simply decide at a later date that they do not want to be involved.

ACCIDENT HOTLINE: 64288888

If you've been in a car accident, you need a car accident lawyer. Our car accident lawyers will advise you on your rights and can help you make your car accident claim. You may make a preliminary assessment on your car accident here.

Question 1: Were you involved in a car accident?

In order for us to file a successful car accident claim on your behalf, you must have been involved in and injured by a car accident. You may have been the driver, a passenger, a pedestrian, a cyclist, or another person injured by the negligence of someone driving a car or other motor vehicle.

Question 2: Were you injured in a car accident?

It is important that you were injured in the accident. If you were uninjured or just had some bruises, your lawsuit may belong to a small claim at the Small Claims Tribunal. Lawyers are not entitled to represent you in a small claim.

However, if you sustained serious injuries because of the accident and you required hospitalization and/ or ongoing medical care, or if you've become permanently disabled due to the accident, you may have a valid legal claim against the driver and owner of the vehicle.

Question 3: Was the car accident the result of the driver's negligence?

Failure to use reasonable care while driving a motor vehicle amounts negligence. Determining who was at fault in a motor vehicle accident means figuring out who was negligent, and thus responsible for causing the accident. Negligence is often indicated by disobeying traffic signs or signals, failure to signal when turning, failure to follow the speed limit, or driving under the influence of drugs and/or alcohol. If your injuries are the result of a driver's negligence, you are more likely to have a solid claim.

Common Examples of Driver's Negligence

‧Cutting in front
‧Failing to watch blind spots
‧Inattentive drivers
‧Playing squeeze drive
‧Aggressive drivers
‧Drink and drive

Frequently Asked Questions (FAQ) on Personal Injury Claims

General Information

Q: What is a personal injury claim?
A: A personal injury claim is a legal process through which an individual seeks compensation for injuries sustained due to the negligence or wrongful actions of another party. This can include physical, emotional, and financial damages.

Q: Who can file a personal injury claim?
A: Any individual who has suffered an injury due to the negligence or wrongful actions of another person or entity can file a personal injury claim. This includes workplace accidents, traffic accidents, medical malpractice, and other incidents causing harm.

Examples of Serious Injuries

Q: What are some examples of serious injuries that can lead to a personal injury claim?
A: Serious injuries that can lead to a personal injury claim include:

• Brain Injury and Brain Damage
• Broken Bone Injuries
• Fractured Bone Injuries
• Head and Skull Injuries
• Herniated Disc / Orthopedic Injuries
• Paralysis Injuries
• Spinal Cord and Lumbar Injuries
• Other serious injuries

Process of Filing a Claim

Q: How do I file a personal injury claim in Hong Kong?
A: To file a personal injury claim, you should first seek medical attention for your injuries. Then, gather evidence such as medical reports, accident reports, and witness statements. Contact a personal injury lawyer to help you file the claim and navigate the legal process.

Q: What is the timeframe for filing a personal injury claim?
A: In Hong Kong, the limitation period for filing a personal injury claim is generally three years from the date of the injury or the date when the injury was discovered. It is advisable to seek legal advice as soon as possible to ensure compliance with this timeframe.

Compensation and Damages

Q: What types of compensation can I claim for personal injuries?
A: You can claim compensation for various types of damages, including:

• Medical expenses
• Lost wages and loss of earning capacity
• Pain and suffering
• Rehabilitation and therapy costs
• Property damage

Q: How is the amount of compensation determined?
A: The amount of compensation is determined based on the severity of the injury, the impact on your life, medical expenses, lost income, and other related costs. A personal injury lawyer can help you evaluate your case and estimate the potential compensation.

Legal Representation

Q: Do I need a lawyer to file a personal injury claim?
A: While it is not legally required to have a lawyer, it is highly recommended to seek legal representation. A personal injury lawyer can help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Q: How do I choose the right personal injury lawyer?
A: When choosing a personal injury lawyer, consider their experience, track record, and specialization in personal injury cases. It is also important to feel comfortable and confident in their ability to handle your case effectively.

Settlement and Court Proceedings

Q: What is the difference between a settlement and a court judgment?
A: A settlement is an agreement reached between the injured party and the defendant (or their insurance company) without going to trial. A court judgment is a decision made by a judge or jury after a trial. Settlements are often faster and less stressful, while court judgments can result in higher compensation but involve more time and effort.

Q: What should I do if the insurance company offers me a settlement?
A: If an insurance company offers you a settlement, it is important to consult with a personal injury lawyer before accepting it. Your lawyer can evaluate whether the offer is fair and negotiate on your behalf to ensure you receive adequate compensation for your injuries.

For more detailed information or assistance with personal injury claims in Hong Kong, please contact our legal team. We are here to help you navigate the complexities of personal injury law and ensure you receive the compensation you deserve.

Our lawyers provides legal services to everyday home-sellers and home-buyers. More than 10 colleagues specialize in various aspects of conveyancing and land related matters. Because they do not spend any time and effort on handling high-profile sale of properties by big developers at present and in the past, our lawyers are highly experienced in sale, purchase and mortgage of second-hand properties. They have experienced the ups and downs of Hong Kong’s extremely volatile property market in the past 20 years and can therefore advise property clients on a wide range of legal issues relating to sale, purchase, redemption and mortgage of real properties in Hong Kong. 

BARGAIN SERVICES: REMORTGAGE ($4500), REDEMPTION ($1500).
Note: exclusive disbursements e.g. land registration fees.

A number of our lawyers are appointed Civil Celebrants of Marriages. They may provide marriage registration and solemnization services at any time and at places such as hotel ballroom and at offices in Hong Kong.  Many wedding couples come to us by reason of our easy access and atmosphere. Those having the wedding gone through at our office premises in Mongkok and Wanchai may just wear casual dresses attended by their closest friends and relatives.

Our civil celebrants have handled hundreds of marriage registrations and weddings in the past. They are well experienced and familiar with the entire marriage process.  Intending marrying couple can attend our Mongkok or Wanchai registrationoffice during office hours without the need of making a prior appointment. They may sign the notice of intended marriage on the same day. Because the entire process is handled by us, they need not quene up at the Marriage Registry. Nor they have to compete for "red lucky" days.

Marriages celebrated at office during office hours is $1900 in total. Couple has to pay additionally if wedding held at non-office hours and if either of them is under 18.

MARRIAGE HOTLINE: 82099999  or visit our www.hkm.mobi for more info.

Up to now, debt relief plan (DRP) has become a more popular choice to debtors to restructure their credit card debts. We have wealthy experience in IVA debt restructuring. Check with DRP.COM.HK :

• In March 2002, Yip, Tse & Tang launched a new debt legal service serving the needs of Hong Kong debtors. The service is known as Individual Voluntary Arrangement (IVA) 
• IVA is a statutory alternative to bankruptcy under the laws (Bankruptcy Ordinance). IVA is a debt restructuring scheme and has the benefit of avoiding bankruptcy.
• IVA is a 'win-win' debt solution to creditors and debtors. Some debtors, such as civil servants, well-paid managers or professionals don't like bankruptcy. 
• IVA applicants can be credit card debtors or undischarged bankrupts.
• The firm has teamed up with skilled debt analyst and experienced certified public accountant to provide this legal service.

LOW AND AFFORDABLE LEGAL COST

• IVA applicants are only required to pay $2,000 as initial legal cost to start with a repayment proposal. 
• Our IVA legal service is built upon the solid foundation we have acquired in our bankruptcy legal service. 
• Our lawyers are experienced in communicating with banks and finance companies. That facilitates our early reach of a compromise repayment plan between debtors and creditors

TRACK RECORDS: MORE THAN 1200 IVA APPROVED

By April, 2008, our lawyers have over 1,200 IVA legal applications approved by banks and finance companies.

LOWER LEGAL COST AND MORE EFFICIENT OPTION: DRP

Some debtors may be suitable for Debt Relief Plan (DRP). Unlike IVA, DRP are not legal proceedings. DRP is achieved by private negotiations with banks and finance companies. Comparing with IVA, DRP is inexpensive and more efficient. However, not all debtors are suitable for the DRP solution.

Since August 2001, our lawyers have represented more than 9,000 debtors in filing their self-bankruptcy petitions with Courts in Hong Kong.

The reputable web-site on personal bankruptcy applications (Chinese) www.theBroke.com has been featured by over 10 local and international newspapers or magazines, including Reuters, BBC and Le Monde. Our lawyers of the personal bankruptcy team have also been interviewed by TVB, ATV, Cable TV, RTHK, Commercial Radio and MetroRadio Broadcast on debt or bankruptcy subjects on many occasions.

Self-bankruptcy in many situations may be the best option to solve one's debt problems.

OUR LOW LEGAL FEE

$14500, inclusive our legal fees, Court fee and Official Receiver's deposit

DEBT HOTLINE:

Our lawyers represent a large number of workers or employees in claiming against employers on their negligent liability under Hong Kong laws. We also represent a large number of victims in traffic accidents in legal proceedings against negligent drivers.

• Compensation for employees under the laws of Employees' Compensation Ordinance.
• Our lawyers have a track record of having handled more than 700 claims on personal injuries (under the common laws of negligence and under the Employees' Compensation Ordinance).
• Claims against negligent drivers' legal liabilities under the common laws of negligence.

ACCIDENT HOTLINE: 64288888

• Consent Divorce : below $5000
• Self Bankruptcy: fixed fee $14,500 (Court fee and Offical Receiver's deposit included)
• Real Estate Transactions: Sale, Purchase and Mortgage of local properties: $4,500-$8,000 (for value not exceeding $8,000,000)
• Deed Poll for change of name: fixed fee $500
• General Power of Attorney:$800
• Simple Will: $1000
• Wedding Civil Celebrant: $1900 (at our law offices: Mongkok or Wanchai)

Do you and your prospective spouse wish to agree on financial issues before you are legally married to each other? You may consider the option of having a prenuptial agreement. A prenuptial agreement in Hong Kong is commonly abbreviated to prenup or prenupt. Our lawyers can offer this legal service which include legal advice and drafting.

A prenuptial agreement  is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. In the situation of Hong Kong, we mean 'prior to marriage".

Objectives

• to cut huge legal fees in disputes that can last for years
• save parties from mental trauma in litigation or legal proceedings
• resolve financial issues more easily with the least intervention by the laws or courts
• reduce chance of personal attacks which hurt both parties, especially when it is done in legal proceedings
• option to deal with marital relation which is more amicable than by a legal battle

Content of Prenuptial Agreement

The content of a prenuptial agreement can vary widely, but commonly includes:

• division of property and 
• spousal support in the event of divorce or breakup of marriage
• terms for the forfeiture of assets as a result of divorce on the grounds of adultery
• conditions of guardianship 

In some countries, including the Netherlands, the prenuptial agreement not only provides for the event of a divorce, but also to protect some property during the marriage, for instance in case of a bankruptcy. Many countries, including Canada, France, Italy, and Germany, have matrimonial regimes, in addition to, or some cases, in lieu of prenuptial agreements.

Postnuptial agreements are similar to prenuptial agreements, except that they are entered into after a couple is married.

For more information or inquiries, please call our lawyer Miss Cara Cheung 68896881.

We provide the following services:

• Preparing and advising on Wills
• Advice on succession
• Safe deposit box inspection attendance
• Applying probate
• Resealing in Hong Kong of foreign grant
• Filing Caveat and Warning to CaveatorP
• reparing Deed of Family Arrangement
• Preparing Assent and Vesting Assignment
• Administration and Distribution of assets in estate

Easy Guide to Will Writing in Hong Kong

Writing a will is an important step to ensure that your assets are distributed according to your wishes after your death. This guide provides a simple overview of the steps involved in writing a will in Hong Kong.

Step 1: Understand the Importance of a Will

A will is a legal document that outlines how your assets will be distributed after your death. It can help avoid disputes among family members and ensure that your estate is managed according to your wishes.

Step 2: List Your Assets

Start by making a comprehensive list of your assets. This may include:

• Real estate properties
• Bank accounts
• Investments (stocks, bonds, etc.)
• Personal belongings (jewelry, cars, etc.)
• Business interests
• Life insurance policies

Step 3: Choose Your Beneficiaries

Decide who will inherit your assets. Beneficiaries can include family members, friends, charities, or other organizations. Be specific about what each beneficiary will receive.

Step 4: Appoint an Executor

An executor is responsible for carrying out the instructions in your will. Choose someone you trust to handle this role. It’s a good idea to discuss your decision with the person you choose to ensure they are willing and able to serve as your executor.

Step 5: Consider Guardianship for Minor Children

If you have minor children, you should appoint a guardian to take care of them if both parents pass away. This is an important decision and should be discussed with the potential guardian.

Step 6: Draft Your Will

You can draft your will on your own, but it is highly recommended to seek legal advice to ensure your will is legally valid and comprehensive. A lawyer can help you draft the will to ensure it meets all legal requirements and clearly reflects your wishes.

Step 7: Sign Your Will

For your will to be legally valid in Hong Kong, you must sign it in the presence of two witnesses. The witnesses must also sign the will in your presence. Witnesses should be over 18 years old and not beneficiaries of the will.

Step 8: Store Your Will Safely

Keep your will in a safe place and inform your executor of its location. You may also choose to deposit a copy with your lawyer or a trusted person.

Step 9: Review and Update Your Will Regularly

Life circumstances change, so it’s important to review and update your will regularly. Major life events such as marriage, divorce, the birth of a child, or significant changes in your financial situation may necessitate updates to your will.

Step 10: Seek Professional Advice

While it is possible to write your own will, seeking professional legal advice is highly recommended to ensure your will is valid and all legal requirements are met. A lawyer can help you navigate the complexities of estate planning and ensure your wishes are clearly documented.

For more information or assistance with will writing in Hong Kong, please contact our legal team. We are here to help you with all aspects of estate planning to ensure your assets are protected and distributed according to your wishes.

With the advent of China's open door and trade liberalization policies, there have been an tremendous increase of trade and civil exchanges between enterprises and people in the Mainland China and those in Hong Kong.  In the circumstances, there have been acts, matters and documents emenating from Hong Kong requiring trusted proofs in Mainland China. Notary Public in Hong Kong may notarise documents, matters and acts for use overseas, except in Mainland China. Documents, matters and acts of Hong Kong needed to be used in Mainland China require attestation, certification or witnessing by a China-appointed attesting officer. It is usually called "attesting" services instead of "notarial" services.

We have two partners who are Hong Kong notaries (Thomas Tse and Charles Tse). We also have  lawyer  Raymond Tang Tai-ming who is a China-appointed attesting officer appointed by the Chinese Ministry of Justice. He is therefore authorised to attest or certify acts, matters and documents with a legal meaning in Hong Kong for use in Mainland China.

Our China-Appointed Attesting Officer is capable of preparing and attesting of, as the major examples:-

• Declaration for an intended marriage (bachelor or spinster certificate) 
• Declaration in support of an application of relatives for family reunion in Hong Kong 
• Declaration for the succeeding or quiting inheritance of an estate 
• Declaration for the adoption of children
• Power of Attorney or Authorisation (in personal or corporate capacity) for civil or commercial purposes.
• Appointing lawyers or legal representatives to conduct legal or other lawful proceedings
• Appointing an agent or attorney for sale or purchase of properties
• Certifying corporate particulars or personalities of Hong Kong companies
  • incorporation status
  • business registration particulars 
  • directors’ and/or shareholders’ resolutions
• CEPA Certification: application for CEPA service provider certificate (under Annex 5).