Hong Kong has one of the highest percentage of expatriate populations in the world. Expatriates come to Hong Kong to explore opportunities. Unfortunately, Hong Kong also has the reputation as the ‘graveyard of marriages’.The question then becomes where should they file for divorce? Can they get a divorce in Hong Kong or do they have to return home? This article will set out the eligibility for filing for divorce in Hong Kong and examine the similarities and differences between the regime of the Hong Kong and the Courts of England and Wales.
Not everyone can get divorced in Hong Kong. Section 3 of the Matrimonial Causes Ordinance (Cap 179) sets out when the Hong Kong Court has jurisdiction over divorce proceedings.
This article considers the pro-arbitration approach of courts in Hong Kong in the context of a recent case. It also considers other significant initiatives and developments in the arbitration regime concerning interim measures from mainland courts, arbitration of Russia-related disputes and the new online dispute resolution platform.
Due to the COVID-19 outbreak, the Hong Kong Courts were closed for several months and thousands of court hearings were adjourned during this General Adjourned Period (“GAP”). Although the Family Court has now reopened there are social distancing measures in place which mean that hearings are continuing to be adjourned. We expect this to be the ‘new normal’ for some time to come.
The ICLG to restructuring and insolvency covers common issues in restructuring and insolvency, including issues that arise when a company is in financial difficulties, restructuring options, insolvency procedures, tax, employees, and cross-border issues.
The Government has announced the much-awaited implementation details of the ESS along with the penalties in case of breach of undertakings. Our most recent update on the details of the ESS can be viewed here.
This practice note considers the applicable legal principles in respect of an application for a springboard injunction as well as key takeaways for employers seeking to protect their businesses when key employees depart.
The Government has recently provided more clarity on the Employment Support Scheme (“ESS”) and expanded its scope.
For directors, the winding up of a company could be judgment day when their past misdeeds come back to haunt them. If insolvency is on the horizon, there are various matters directors should bear in mind lest incurring personal liability if insolvency becomes inevitable.
COVID-19 has created unforeseen challenges for businesses all over the world with an impact so far-reaching that several organisations are no longer able to survive. Governments have swiftly enacted relief measures but the financial consequences of the pandemic on businesses is unprecedented. Some common law jurisdictions have created new insolvency law measures to tackle the uphill struggle businesses face, but what rescue options are available in Hong Kong?