News
Find out all about our firm’s latest news and activities below. To learn more about any individual item, please contact us here.
News
Find out all about our firm’s latest news and activities below. To learn more about any individual item, please contact us here.
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The Court of First Instance of the Hong Kong Special Administrative Region recently delivered a judgment in TE v LSY [2024] HKCFI 3652 that sheds light on the complexities surrounding child abduction and custody under the Child Abduction and Custody Ordinance (Cap. 512) (“CACO”) and the Hague Convention on the Civil Aspects of International Child Abduction, 1980 (“the Convention”). Delivered on 23 December 2024, this ruling examines the issue of consent as a ground of objection to the return of the child following the child’s abduction and/or retention.
Mr. Calvin Lo, our partner at Stevenson, Wong & Co, represented the Plaintiff father (“the Father”) in these proceedings.
Case Summary
The proceedings involved a child, GT (“the Child”), who was born in wedlock. The Defendant mother (“the Mother”) took the Child from Italy to Hong Kong in the summer of 2024. It was undisputed that Italy was the habitual residence of the Child and that both parties had custody of the Child in Italy. The only issue was whether there was consent and/or acquiescence.
The Mother contended that the parties reached an agreement during a conversation in June 2024, that she would permanently relocate with the Child to Hong Kong. The Father argued that he only consented to the Mother taking the Child on a summer trip, thus the Mother was wrongfully retaining the Child in Hong Kong when she refused to bring the Child back to Italy.
Legal Principles
The jurisdiction of the Hong Kong Court in child abduction cases is primarily governed by the CACO and the Convention. The key issue in this case was whether the Father had consented to the Child’s relocation or had acquiesced to the Mother’s actions following the removal.
Consent to the removal of the child must be established on the balance of probabilities by clear and cogent evidence: EW v LP [2013] HKCFI 1405; HCMP1605/2011 at para 37. The burden of proving consent rests on the person who asserts it. The inquiry is inevitably fact-specific, and the facts and circumstances vary from case to case. The ultimate question, although influenced by numerous facts, remains straightforward: Had the other parent clearly and unequivocally consented to the removal: Re P-J (Children) [2009] EWCA Civ 588 at para 48.
Key Issues Addressed
Court’s Decision
The Court ultimately ruled in favour of the Father and found that the evidence was insufficient to establish consent, which must be clear and unequivocal. The judgment detailed the following findings:
Given the findings, the Court ordered that the Child be returned to Italy at the earliest opportunity, reinforcing the primary objective of the Convention, which is to secure the prompt return of the children, who had been wrongfully removed, to their place of habitual residence.
Conclusion
This case illustrates how the Convention is applied in the Court in Hong Kong and the importance of clear and unequivocal consent in disputes over child relocation and abduction. As cross-border and international marriages and family arrangements become more common, the legal community must remain vigilant about the implications of parental consent in child abduction cases. This judgment also serves as a reminder of the legal principles behind the Convention, and in particular, the need for comprehensive evidence to substantiate claims of consent or acquiescence in abduction cases.
Please contact our Partners Wendy Lam or Calvin Lo for any enquiries or further information.
This news update is for information purposes only. Its content does not constitute legal advice and should not be treated as such. Stevenson, Wong & Co. will not be liable to you in respect of any special, indirect or consequential loss or damage arising from or in connection with any decision made, action or inaction taken in reliance on the information set out herein.
The placing agents of the offering include Harmonia Capital Limited, CNCB (Hong Kong) Capital Limited, Donghai International Securities (Hong Kong) Limited, Blackwell Global Securities Limited, CMBC Securities Company Limited, Danehill Capital Limited, Golden Continent Securities Co., Limited, Huijin Securities International Limited, ICBC International Securities Limited, Shenwan Hongyuan Securities (H.K.) Limited, Sino Partner International Securities Limited, SPDB International Capital Limited and Zhongtai International Securities Limited.
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Weifang Guokong Development Group Co., Ltd. (Weifang GuoKong), a company incorporated in the People’s Republic of China with limited liability, is controlled by the Weifang SASAC and serves as the main infrastructure construction entity in Weifang City. Weifang Guokong is mainly responsible for the construction of infrastructure and promoting the strategic economic and social development in Weifang City. The Group is mainly engaged in three principal business segments: Infrastructure construction, road maintenance and commodities trading.
Our team comprised our partners Hank Lo, Erica Cheng and Gordon Tsang, senior associate Anthony Wong and trainee solicitor Kayla Yu.
Please contact Hank Lo, Erica Cheng or Gordon Tsang for any enquiries or further information about this transaction.
(中文) 2025年1月22日,本所合伙人、诉讼及争议解决部主管徐凯怡律师受邀为英国皇家特许仲裁员协会 (Chartered Institute of Arbitrators,简称 “CIArb”) 伦敦分会举办的网络研讨会担任主讲嘉宾。
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此次网络研讨会的主题为“探索如何改善仲裁环境以满足商业需求”。徐律师与来自世界各地的嘉宾深入探讨了仲裁作为满足企业不断变化需求的有效争议解决机制,以及争议解决的可持续发展等热点议题。徐律师结合实际案例,为与会者提供了宝贵的经验和见解。
研讨会在热烈的氛围中圆满结束,参会者对讨论内容积极提问,并给予了高度评价。此次研讨会不仅提供了前瞻性和实用性的建议,还为未来仲裁如何更好地服务于商业需求的探索之路提供了重要启示。
如阁下有任何查询或想了解更多详情,请联络本所合伙人徐凯怡律师。
From 15 – 18 January 2025, our firm’s Partners Willy Cheng and Lai Lam, participated in the Interlaw 2025 Joint Meeting of Asia Pacific and EMEA (APEMEA) held in Dubai. As a founding member of Interlaw since 1982, our firm holds the distinction of being the sole representative from Hong Kong in this esteemed global network, which encompasses over 150 cities worldwide.
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This year, the APEMEA centred about the theme “Cultural Dynamics in Global Business”, highlighting the importance of understanding diverse cultural perspectives in today’s interconnected market. During the 3-day event, Mr. Cheng and Ms. Lam engaged in a series of thoughtfully curated sessions. These sessions featured a diverse array of lawyers and distinguished speakers who provided valuable insights into professional development and industry trends, fostering meaningful connections across the MENA region.
From the left: Joel Ayson from Manila, our Partner Willy Cheng, Partner and former Vice Chair for the Interlaw Diversity, Inclusion, and Community Special Business Team for Asia Pacific Lai Lam, and Lisa Theng from Singapore
On the right: Andy Richter – Bangkok
Please contact our Partners Willy Cheng or Lai Lam for further enquiries about this event.
Stevenson, Wong & Co. acted as the Hong Kong legal adviser to Dominari Securities LLC and Revere Securities, LLC (the “Joint Underwriters”), the joint underwriters of Diginex Limited (NASDAQ: DGNX) (“Diginex”) in the successful listing on the Nasdaq Capital Market on 22 January 2025 (the “Nasdaq Listing”). Diginex offered a total of 2,250,000 Ordinary Shares, priced at US$4.10 per share. The aggregate gross proceeds from the Offering was US$9,225,000.
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Diginex owns 100% of Diginex Solutions (HK) Limited. Diginex Solutions (HK) Limited is headquartered in Hong Kong and is an impact technology business that helps organizations to address the some of the most pressing Environmental, Social and Governance, climate and sustainability issues, utilizing blockchain, machine learning and data analysis technology to lead change and increase transparency in corporate social responsibility and climate action.
Our Partners, Hank Lo and Gordon Tsang, and Associate Ben Chan, acted as the Hong Kong legal counsel for the Joint Underwriters in the Nasdaq Listing and provided comprehensive Hong Kong legal services.
Please contact Hank Lo or Gordon Tsang for any enquiries or further information about this transaction.
We are delighted to announce that our Partner and Head of Banking and Finance, Litigation and Dispute Resolution, Heidi Chui, alongside our Partner and Deputy Head of Corporate Finance and Co-head of the FinTech Group, Rodney Teoh, have been recognized as Growth Drivers in The A-List 2024-25 by China Business Law Journal.
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The A-List highlights the most highly recommended private practice lawyers across various fields within China’s legal market. Following months of rigorous market research, China Business Law Journal has identified the key players and business leaders who are instrumental in driving growth within law firms. These distinguished lawyers are recognized for their extensive practical experience, exceptional legal expertise, and their active engagement at the forefront of the industry, all while maintaining an outstanding reputation and remarkable revenue-generating capabilities.
We would like to take this opportunity to thank CBLJ for the recognition and express our gratitude to our clients for their continued trust and support.
For more information, please contact our Partners Heidi Chui and Rodney Teoh, or click here to see the rankings on The CBLJ.
Fraudulent Website Alert
It has come to our attention that fraudulent Facebook pages promoting as a law firm or organisation under the name of (1) “邦得国际律师事务所-李律师”/“邦得国际律师事务所-林律师”, (2) “源凯国际律师事务所咨询处”, and (3) “香港維權中心”, all use a stolen photograph of our partner, Ms. Heidi Chui, as part of their Facebook profile photographs. Ms. Heidi Chui has confirmed that her photograph was used without her knowledge and authority. The matters have been reported to regulators and authorities for further action.
Please be informed that our firm and Ms. Heidi Chui are not in any way whatsoever affiliated with “邦得国际律师事务所-李律师”/“邦得国际律师事务所-林律师”, or “源凯国际律师事务所咨询处” or “香港維權中心” or those Facebook pages.
Please also refer to the Scam Alert page on the website of the Law Society of Hong Kong for more details (https://www.hklawsoc.org.hk/en/Serve-the-Public/Scam-Alert).
Please take caution and do not click on any suspicious links or provide any personal information on any suspicious websites, emails or messages.
All rights of our firm and Ms. Heidi Chui are hereby expressly reserved.
Should you have any question, please contact us at info@sw-hk.com.
Thank you for your attention.
Stevenson, Wong & Co.
23 November 2023