(中文) 受新型冠状病毒疫情 (以下简称「疫情」) 的影响，香港司法机构于2020年1月29日起将法庭程序 (除紧急和必要的聆讯外的) 一般延期[1]，在一般延期期间，2020年2月21日，香港高等法院高浩文法官 (Hon Coleman J) 在Audio Video Technology Limited v Mei Ah (HK) Company Limited & Ors [2020] HKCFI 347一案中作出裁定[2]，允许该案的证人在海外通过香港高等法院科技法庭[3] 的视像会议设备，以电话的方式参与聆讯并作供。法官在判词中指出，虽然「出庭」一般被理解为需亲身出庭，但《高等法院条例》和《高等法院规则》并没有禁止与讼当事人及其代表以其他方法出席聆讯，另外，法官亦引述了在商事仲裁的指示聆讯中，电话聆讯已是常规作法。

高浩文法官在判词后记中称，2020年2月25日的电话会议聆讯顺利，没有技术性困难，与讼双方的资深大律师和律师代表等人士均以电话拨入的方式参与了聆讯。

本案影响：

正如法官在判词中所言，疫情亦是一个契机，使香港法庭及与讼当事人考量如何更好地进行案件管理，并在疫情过后，考量是否会采用电话或视像聆讯的方式处理案件。

香港作为亚太区的争议解决中心，正积极利用科技手段，推动网上争议解决平台的建设，为当事人提供更高效、优质和便捷的争议解决服务，除前文述及的科技法庭外，近年来在香港法律界、互联网界及特区政府等多方支持下，筹建了网上争议解决及交易平台——一邦国际网上仲调中心 (eBRAM) [4]，为当事人提供高效、便捷和经济的网上仲裁、谈判、调解等专业服务。

本案为香港法院采用电话方式进行聆讯的案件，为案件管理开创了新方式，但法院是否会继续采用相似方式进行聆讯或其他程序，亦需视乎不同的个案情况以及法院的考量。

[1] 有关该裁定的判词原文，请参阅：https://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=126924&currpage=T

[2] 有关香港科技法庭的相关信息，请参阅：https://www.judiciary.hk/zh/court_services_facilities/tech_crt.html

[3] 有关香港司法机构公布的为恢复法庭程序作准备的新闻稿，请参阅https://sc.isd.gov.hk/TuniS/www.info.gov.hk/gia/general/202002/27/P2020022700474.htm

[4] 有关eBRAM的相关信息，请参阅：http://ebram.org/

若阁下想了解更多关于本文及本所的信息，请联络本所合伙人，诉讼及争议解决部主管徐凯怡律师 heidichui.office@sw-hk.com。

本文免责声明：本文中提供的一切信息仅供读者参阅，不构成史蒂文生黄律师事务所的任何法律意见，若阁下需取得相关法律意见，请咨询专业法律顾问。

We are delighted to announce that Stevenson, Wong & Co. has been recognised as “Family Law Firm of the Year-Hong Kong” in The Legal 100 – 2020 by Lawyer International for the third consecutive year.

The award recognizes leading professional firms and individuals across the globe for their individual areas of specialization. It aims to showcase the firms and individuals that continually provide clients with outstanding levels of service and result.

The judging panel consisted of in-house counsels, individuals from Banking and Private Equity to public and private corporations. Winners are recognised for their innovation, level of service and overall value for money.

About Stevenson, Wong & Co.

Founded in 1978, Stevenson, Wong & Co. is a forward-looking, full-service law firm with over 170 experienced lawyers and staff. As the associated firm with one of the nation’s largest full-service law firms, AllBright Law Offices, and one of the founding members of INTERLAW, Stevenson, Wong & Co. supports clients around the globe and connects China to the world.

Our private client team is one of the leading private client practices in Hong Kong with over 40 years of experience. Our dedicated team has expertise in dealing with all aspects of contentious and non-contentious family matters, covering wealth protection and succession planning, estates and trusts, Committee work, wealth and asset management, all under one roof.

For more information, please contact Ms. Catherine Por.

On 25 Feb 2020, our firm’s Senior Associate Mr. Gordon Tsang and Senior Manager of Commercial and Corporate Finance Department Dr. Rain Huang were invited to give a CPD talk for LexOmnibus for two consecutive years.

During the 3-hour talk on “Rules and Regulations on IPO”, Mr. Tsang and Dr. Huang gave an in-depth introduction of the rules and practice of Hong Kong’s IPO market and the disclosure of connected transactions. The course was further enriched with insights including the fundamentals of commercial requirements, the legal implications and the practical applications.

Please contact Mr. Gordon Tsang for any enquiries or further information about this seminar.

Our firm’s partner, Ms. Sherlynn Chan, published an article titled “Managing the Property and Affairs of Persons with Mental Incapacity” in the February edition of the “Hong Kong Lawyer”, the official journal of the Law Society of Hong Kong. This article is part one of two articles co-authored with Ms. Daisy Cheung, Assistant Professor of the University of Hong Kong and Deputy Director of Centre of Medical Ethics and Law.

The impact of ageing population, the current legal framework, and the need for legal reform in Hong Kong are explored in this article. It then delves into Parts II and IVB of the Mental Health Ordinance (Cap. 136) surrounding the management of assets of a person without mental capacity (“MIP”).

“In light of the ageing population, we must work together to improve education and promote awareness of mental health, elderly and special needs issues; to provide training to detect and prevent mental deterioration and physical, emotional and financial abuse against MIPs.”

In the next issue, to be published in April 2020, the human rights concerns arising from the involuntary detention and treatment of patients, and the concepts of mental capacity, best interests, and subsitute/supported decision-making will be further explored.

For the full article, please visit here.

For more information, please contact Ms. Sherlynn Chan.

Stevenson, Wong & Co. awarded “Full Service Law Firm of the Year- Hong Kong” by APAC Insider, an AI Global Media Publication in their APAC Excellence programme 2020. This is the 2nd time that our firm has been named in the programme.

The programme aims to showcase the region’s leading firms and lawyers who stood out over the past year and set the pace for the year ahead. Award winners are selected based on comprehensive analysis and researches undertaken by the in-house team of APAC Insider Magazine.

About Stevenson, Wong & Co.

Established in 1978, Stevenson, Wong & Co. is a forward-looking, full-service law firm with over 170 experienced lawyers and staff. Stevenson, Wong & Co. provides effective solutions for clients facing a variety of business and legal issues. Our international network allows us to support clients around the globe, helping to bridge China and the world.

About APAC Insider Magazine by AL Global Media Ltd

APAC Insider Magazine is a quarterly magazine based in the UK. By adopting innovative and dedicated approach, APAC Insider explores everything from business strategy and analysis to trends and growth opportunities from across the Asia Pacific Region.

For more information, please contact Mr. Willy Cheng, Mr. Hank Lo or Ms. Catherine Por.

Ms. Catherine Por, head of the Family Law Practice of Stevenson, Wong & Co., has been shortlisted as a finalist for Private Client Lawyer of the Year by Asia Legal Awards 2020.

The annual awards recognize important transactions and cases with the most complex and outstanding legal work in Asia. Results will be announced at an award ceremony at the JW Marriott Hotel Hong Kong on 26 March 2020.

Ms. Por has extensive experience in all aspects of family law disputes including complex financial claims, intervener proceedings, child abduction cases, custody cases, pre-nuptial and post-nuptial agreements, contentious and non-contentious trust cases, contentious estate matters; cross border issues and enforcement proceedings. She has provided expert legal opinions on Hong Kong family law.

Ms. Por is an Accredited General and Family Mediator, Fellow of the Chartered Institute of Arbitrators and is a Notary Public and Civil Celebrant of Marriages. She is also the author of the Hong Kong Chapter of Family Law -Global Guide and International Relocation of Children – Global Guide.

Ms. Por’s recognition highlights:

Benchmark Litigation Asia-Pacific for 2 consecutive years, 2018 & 2019- Dispute Resolution Star in Family and Matrimonial

Chambers and Partners for 2 consecutive years, 2019 & 2020- Family/ Matrimonial (International Firms-China); Band 2

Doyle’s Guide Leading Family & Divorce Lawyers for 4 consecutive years – Hong Kong, Preeminent (2016); Preeminent (2017); Leading (2018) & Preeminent (2019)

Lawyer Monthly Magazine Women in Law Awards for 2 consecutive years, 2018 & 2019- Family Law Lawyer of the Year

For more information, please contact Ms. Catherine Por.