SW partners Ms Catherine Por, Ms Wendy Lam and Ms Sherlynn Chan attended the Third Children’s Issues Forum on 13 and 14 November 2015. The forum was attended by members of the Hong Kong judiciary, legal profession, government officials and other professionals working in this field, as well as a number of overseas’ judges.

In the forum, issues relating to the welfare of Hong Kong children were discussed and considered.

(From left to right) Ms Wendy Lam, Ms Sherlynn Chan, Mr Ryan Tang, a senior partner at AllBright Law Offices and a speaker at the forum together with Ms Catherine Por.

Please contact our Ms Catherine Por, Ms Wendy Lam or Ms Sherlynn Chan for any queries or further information about this event.

On 13 November 2015, our partner Mr. Eric Lui, Head of Business Development (China) Ms. Connie Yeung and Business Development Manager (China) Ms. Zita Huang attended the Cross-border Dispute Resolution Forum in Nanjing organized by Allbright Law Offices. A number of legal professionals attended the forum and discussed issues on cross-border dispute resolution.

At the forum, Mr. Lui delivered a presentation on various aspects of international arbitration, including the advantages of arbitration and the development of arbitration in Hong Kong.

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

On 11 November 2015, our partner Ms Heidi Chui, senior associate Ms Freda Au, associate Ms Karman Fung, and trainee solicitor Mr Jensen Chang gave a presentation on the Competition Ordinance (Cap. 619) at the Hong Kong office of Malayan Banking Berhad (Maybank). Our team demonstrated how the Ordinance, which is due to come into force on 14 December 2015, may possibly affect how the banking industry operates.

In light of the First Conduct Rule (which relates to agreements and concerted practices between undertakings) and Second Conduct Rule (which relates to abuse of substantial market power), and given there is no grace period, a clear message was sent to the participants that they ought to refrain from usual banking practices which may constitute an infringement of competition law and attract civil and criminal liabilities (including corporate and personal). It was emphasised that even a casual conversation in an informal occasion might potentially be caught by the Ordinance. Examples as to how the leniency policy may work and what actions bankers should take in order to avoid violation of competition law were given during the presentation.

Ms Fung offered an overview of this new legal regime

The presentation was well received by the audience, and questions in relation to exchange of information with competitors were raised during the Q&A session.

Photograph of Ms Chui (in the middle), Ms Au (on the right), Ms Fung (on the left), Mr Chang (second from right), and Mr Patrick Leung (second from left), Head of Compliance, Hong Kong, Global Banking

Contact person: Ms. Heidi Chui

SW partners Ms Catherine Por, Ms Wendy Lam, Ms Janice Chin and Ms Sherlynn Chan attended the international conference, on the “Recovery of Child Support and Family Maintenance in Asia Pacific and Worldwide” jointly held by the Hague Conference Permanent Bureau’s Asia Pacific Regional Office (HAPRO) and the Department of Justice of the Hong Kong Special Administrative Region of the People’s Republic of China which took place at the University of Hong Kong between 9 to 11 November 2015.

This global conference provided an excellent opportunity to discuss the dynamic development of family law and policy in the Asia Pacific region. Key practitioners also made use of this occasion to meet colleagues, make new contacts, expand networks and discuss points of interest.

Lawyers from England and China visited our office during one of the days of the conference.

Please contact our Ms Catherine Por, Ms Wendy Lam, Ms Janice Chin and Ms Sherlynn Chan for any queries or further information about this event.

(中文) 中国遗嘱是否能保护资产有效传承？

陈女士居住天津，虽然年纪不大，但就有写遗嘱的想法了。对未来的危机意识较强，希望可以提前做点准备。

她第一桶金就是炒房获得的，中国房子限购后，她就以同样方式到不同的国家投资买房：其中包括香港，英国，美国，澳洲，新加坡等，其收益还是挺不错的！

这一下子就麻烦了！每个国家都有其不同的继承法，与不同的继承流程。对有效遗嘱也有不同的规定。而且不同司法管辖权意味着中国法院的判决需要在外国执行是不容易的！那不就等于她要到不同的地方找当地的有关机构写遗嘱？在中国该找公证处，在香港该找律所，那在其他国家呢？
在中国，高资产净值人士遗嘱继承难关主要是继承权公证，他需要全部继承人（无论是否为遗嘱继承人）共同配合前往公证处进行继承公证，领取继承权公证书后才能进行继承财产过户。要记住，遗嘱的分配方式跟法定的分配方式肯定不尽相同，按照遗嘱比法定少分的受益人很有可能会成为遗嘱挑战者。恶意继承人故意缺席会议，会增加继承难度，高资产净值人士不应该把精力耗在继承流程上。

所以提前使用不同的传承工具绕开继承流程才是黄道！

如你的房产以长期持有为目的，总价2千万以上， 想了解更多海外信托持有资产对传承的相关好处，请联系你的法律顾问/理财顾问/家族办公室。史蒂文生黄律师事务所成立了香港及新西兰信托公司，可为客户提供信托咨询或受托人服务。

分享资讯助人自助，谢谢关注微信公众号或浏览官方网站www.sw-hk.com。如需节录或转载，请注明资料来源为微信公众号swc_hk。

免责声明： 于此提供的资料只供参考，须以有关国家/地区法律顾问的法律意见和有关政府行政与司法机关对于适用的法例的解释和应用为准；上述资料亦受制于适用法例的任何不时的更新与修改，如因上述资料而引至任何人士或单位蒙受任何损失，该人士或单位须自行承担一切责任

On 30 October 2015, our partner Mr. Eric Lui, associate Ms. Ji Hui, Head of Business Development (China) Ms. Connie Yeung and Business Development Manager (China) Ms. Zita Huang attended the opening celebration of Allbright Law Office (Jinan) and a conference in Jinan. The conference, titled “Dispute resolution in international trade and business”, was hosted by Allbright Law Offices Shanghai. Representatives from the Judicial Department of Shandong Province, Lawyer Association of Shandong Province, Lawyer Association of Jinan, Standing Committee of the National People’s Congress of Shandong Province attended the conference.

The conference introduced different mechanisms in arbitration and other dispute resolutions.

Mr. Lui gave a speech on “The advantages of arbitration over court proceedings”; and “Whether it is possible to appeal a decision of the arbitration tribunal”. The audience was enthusiastic and had a fruitful discussion with Mr. Lui on the topics.

(Source: http://mp.weixin.qq.com/s?__biz=MzA4MzAzMjA4Nw==&mid=400398982&idx=1&sn=d0643a6bb10e0c31d4b86ca1ee725f16&scene=5&srcid=1102Av5OtSefqTSzWpPE54zI#wechat_redirect)

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