Immigration Department combats sham marriages

The Immigration Department deployed an officer in disguise to meet sham marriage organizing agents. The operation was known as “Snare 1205”. Five suspects were arrested on 6 December 2017, including the organization’s group leader, 3 members and a women from Mainland China who was suspected of participating in a sham marriage.

The suspects were aged between 26 and 54, four of whom were Hong Kong residents. Upon further investigation, the Immigration’s staff seized the related documents and mobile phones at the suspects’ premises. More people might have been involved and may be arrested later on.

Cases of non-Hong Kong residents and Hong Kong residents entering into a sham marriage have always been under the scrutiny of the Immigration Department. Such illegal organizations or agents will advertise through different social platforms with the aim to lure people to join their illegal activities.

According to the current laws in Hong Kong:
1. Anyone who provides false information to Immigration officers is guilty of an offence with a maximum penalty of HK$150,000 and 14 years imprisonment.
2. It is also an offence to knowingly and willfully make a false oath or declaration for the purpose of procuring a marriage. The maximum penalty for the offence is up to 7 years imprisonment and a fine.
3. Anyone who participates in a conspiracy to defraud is also liable for an offence with a maximum imprisonment of 14 years.

Source: http://www.immd.gov.hk/hkt/press/press-releases/20171208b.html

“The Inauguration of the Qianhai One Belt One Road Legal Services Federation” was successfully held on 9 January 2018 at Vanke (Qianhai) International Convention Center. The event was led by Bureau of Justice of Shenzhen Municipality, Authority of Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone of Shenzhen and China Council for the Promotion of International Trade, Shenzhen Council. Stevenson, Wong & Co. Partner Mr. Eric Lui was invited to attend this event and Partner Mr. Stephen Wong and Associate Ms. Ann Chan were also present.

Ms. Ann Chan and Mr. Stephen Wong

The event attracted more than three hundred distinguished guests at the inauguration which included the Deputy Secretary-General of the NPCSC and Chairman of the Hong Kong Special Administrative Region (HKSAR) Basic Law Committee under the NPCSC, Mr Li Fei; the Deputy Director of Legal Department, Hong Kong and Macao Affairs Office of the State Council, Mr. Xi Jun Jian; the Deputy Observer of Department of Justice, Guangdong, Mr. Chen Rong Guang; Department Head of Legal Department of the Liaison Office of the Central People’s Government, Mr. Wang Zhen Min; the Deputy Solicitor General, Mr. Peter Wong; the deputy party secretaries of Shenzhen Municipal Committee, Party Secretaries of Politics and Law Committee Mr. Li Hua Nan; Secretary for Bureau of Justice of Shenzhen Municipality Mr. Jiang Xi Lin; Director of Shenzhen China Council for the Promotion of International Trade, Mr. Ye Jian De; Secretary for the Authority of Qianhai, Mr. Du Peng; and representatives from reputable legal institutions in China.

The Federation is the first international legal platform led by Chinese lawyers. It aims to provide legal services to Chinese enterprises who wish to invest in countries alongside the OBOR. Our Partner Mr. Eric Lui is pleased to be member of the Qianhai One Belt One Road Legal Services Federation. He believes that the Federation can provide international legal services to enterprises with the support from various parties.

In 2016 Stevenson, Wong & Co., one of the leading law firms in Hong Kong, established an OBOR Legal Service Centre with the vision to provide Hong Kong and Chinese enterprises who wish to invest in Southeast Asia countries alongside the OBOR with comprehensive and efficient legal services. Headed by the firm’s senior partners, the OBOR Legal Service Centre consists of lawyers who have rich experience in Banking & Finance, Corporate Finance, China Practice, FDI and Dispute Resolution. In addition, the Service Centre aims to cooperate with six leading law firms in their respective regions in Southeast Asia.

Please contact Mr. Stephen Wong or Mr. Eric Lui for any enquiries or further information about this event.

SW advised Titan Financial Services Limited, the sole sponsor, and the other underwriters of WT Group Holdings Limited (Stock Code: 8422) (“WT Group”) in its successful listing on the Growth Enterprise Market of The Stock Exchange of Hong Kong Limited (the “Stock Exchange”).

From left to right: Ms. Ellie Cheung, Ms. Veronica Cheung, Executive Director of WT Group Mr. Kam Kin Bun, Executive Director of WT Group Mr. Kung Cheung Fai Patrick, Executive Director and Chairman of WT Group Mr. Yip Shiu Ching and Mr. Rodney Teoh

The shares were listed on the Stock Exchange on 28 December 2017. The final offer price was HK$0.22 per offer share and the net proceeds amounted to approximately HK$32.4 million.

WT Group and its subsidiaries (the “Group”) principally provide specialised works and general building works as a main contractor in Hong Kong. The Group undertakes specialised works which include foundation and site formation works, demolition works and ground investigation field works. The Group also undertakes general building works including superstructure building works, slope maintenance works, hoarding works, A&A works and other miscellaneous construction works.

Mr. Rodney Teoh and Executive Director of Titan Financial Services Limited Mr. Arthur Kan

We acted for Titan Financial Services Limited as the sole sponsor, and Titan Financial Securities Limited and Sincere Securities Limited as joint lead managers, as well as other underwriters.

From left to right: Mr. Rodney Teoh, Ms. Ellie Cheung and Ms. Veronica Cheung

Our team was led by our partners Eric Lui and Rodney Teoh, supported by team members including Ellie Cheung (associate), Veronica Cheung (associate), Wilfred Cheng (trainee solicitor), Jane Yip (paralegal) and Justin Chui (paralegal).

Please contact our Eric Lui or Rodney Teoh for any enquiries or further information. 

SW advised the sponsor and underwriters of IBO Technology Company Limited (02708) (“IBO Technology”) in the successful listing of IBO Technology on the Main Board of The Stock Exchange of Hong Kong Limited (the “Stock Exchange”).

From left to right: Ms. Chelsa Wong, Mr. Hank Lo, Chairman of IBO Technology Company Limited Mr. Lai Tse Ming, Senior Partner of Tung & Co. Mr. Michael Tung, Partner of Deloitte Touche Tohmatsu Ms. Inez Lee and Partner of Jingtian & Gongcheng Mr. Zhang Bin

Mr. Hank Lo, Chairman of IBO Technology Company Limited Mr. Lai Tse Ming

The shares of IBO Technology were listed on the Stock Exchange on 28 December 2017. 100 million shares were offered, among which 90 million were offered for international offer and 10 million for subscription by the public. The final offer price was HK$1.5 per offer share and the net proceeds amounted to approximately HK$111.0 million.

IBO Technology is a National High and New Technology Enterprise (国家高新技术企业) that focuses on providing comprehensive IoT intelligent terminal product application and solutions services in the PRC. IoT refers to a network that enables intelligent identification, positioning, tracking, monitoring and management of targeted objects by way of exchange of information and communication between such targets and internet via intelligent terminal products.

Please contact our Mr. Hank Lo and Ms. Erica Cheng for any enquiries or further information about this transaction.

We are delighted to announce that Stevenson, Wong & Co. have been recognized as “Excellence in Litigation & Dispute Resolution – Hong Kong” in APAC Insider Business Excellence Awards 2017. The APAC Business Excellence program is launched to recognize the very best companies operating in the Asia-Pacific.

Our active litigation and dispute resolution department has decades of experience in all aspects of commercial and general litigation and alternative disputes resolution. Staffed by a team of seasoned practitioners, we never litigate for the sake of it. Our team combines insightful analysis of each case with proactive advice on other issues that may arise during the resolution process.

Please contact Ms. Heidi Chui for any enquiries or further information. 

In Re Lucky Resources (HK) Ltd [2016] 4 HKLRD 301, the petitioner presented a winding-up petition against Lucky Resources (HK) Ltd (“the Company”) on the ground of insolvency. On 5 February 2016, a final arbitration award was issued in favour of the petitioner. Based on the arbitration award, the petitioner issued a statutory demand on 24 February 2016 and a month later, issued the winding-up petition.

The Company opposed the petition on the ground that the petition had been improperly presented because the petitioner had not made an application pursuant to s.84 of the Arbitration Ordinance (Cap 609) to enforce the award. No dispute over the debt has been advanced by the Company.

The Court made the winding-up order, holding that the presentation of a winding up petition did not constitute enforcement of the award. Harris J said that it is clear from the authorities that Hong Kong courts and courts in other jurisdictions (e.g. the UK) have determined that the presentation of a petition to wind up a company on the grounds of insolvency was the exercise of a class right and did not constitute enforcement of either a judgment or an arbitration award. Therefore, s.84 of the Arbitration Ordinance (Cap 609) was irrelevant.

The decision has made the point clear that the presentation of a petition to wind up a company on the grounds of insolvency was the exercise of a class right. In fact, given that the Company did not dispute the debt, the court is likely to make a winding-up order even in the absence of a binding arbitration award (See Re Quiksilver Glorious Sun JV Ltd [2014] 4 HKLRD 759).