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Hong Kong Legal System
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Hong Kong Legal System
- The Rule of Law
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Sources of Law in Hong Kong
- 1. What constitutes the Hong Kong Laws?
- 2. What is the influence of the Basic Law on the Hong Kong Legal System?
- 3. How are the Common Law and the Rules of Equity operating in Hong Kong?
- 4. Besides the Basic Law, Common Law and the Rules of Equity, what sort of laws exist in the Hong Kong Legal System?
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Court Structure and The Judiciary
- 1. What are the major law courts in Hong Kong?
- 2. What types of cases will be heard in each of these major law courts?
- 3. Are there any other law courts in Hong Kong?
- 4. Is English the only language used in courts?
- 5. Are the judgments made by the Hong Kong courts enforceable in other countries?
- 6. How are the Judges being appointed or dismissed?
- Criminal and Civil Law
- The Department of Justice
- The Legal Profession
- Legal Aid
- Arbitration
- Mediation
- Other Government Legal Departments
Alternative Dispute Resolution (ADR)
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Alternative Dispute Resolution (ADR)
- Introduction
- Arbitration
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Mediation
- A. Overview
- B. Role of Mediators
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C. Relevant Practice Directions
- 1. Practice Direction 31
- 2. Practice Direction 18.1 & 18.2: Personal Injuries List & Employees Compensation Cases
- 3. Practice Direction 3.3: Voluntary Mediation in Petitions Presented under Section 724 of the Companies Ordinance, Cap. 622 and Section 177(1)(f) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32
- 4. The Lands Tribunal -Building Management Cases
- 5. Compulsory Sale Cases
- 6. Practice Direction 15.10: Family Mediation
- 7. Practice Direction 6.1: Construction and Arbitration List
- Related Websites
Bringing or Defending a Civil Case
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Bringing or Defending a Civil Case
- What is a civil case?
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Matters to be considered before starting a civil action
- 1. Can I settle the dispute without going to court?
- 2. Do I have sufficient legal basis to start a civil action? Will it be possible for my opponent to sue me back in respect of the same case?
- 3. How and where can I get legal advice or representation (including free or subsidised legal assistance)?
- 4. Can I obtain what I want if I win the case?
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5. Can I afford the expenses?
- 1. Why may my legal fees not be fully reimbursed even though I have won the case and the court has ordered the other side to pay me the legal cost?
- 2. Does the court necessarily order the losing party to fully pay the legal cost of the winning party? What are the possible causes that make the court orders differently?
- 6. Can I afford the time?
- 7. Is there any deadline for starting a civil action?
- 8. What risks will I face if I start a civil action? Am I prepared to bear these risks?
- 9. If I do not mind affording time and money at all, can I start a civil action just to make trouble for the defendant, even though my case is weak?
- 10. What can be claimed in a general civil action? What are the examples of claims on an unliquidated sum? Apart from a sum of money (liquidated or not), are there any other possible claims that can be made in a civil action?
- 11. What information about a civil case can be disclosed to the public? Are all the evidence, documents, or witness statements available for public inspection?
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How to start a civil action
- 1. What is the authority and what types of civil cases can be handled by the Labour Tribunal?
- 2. What is the authority and what types of civil cases can be handled by the Small Claims Tribunal?
- 3. What is the authority and what types of civil cases can be handled by the District Court?
- 4. What is the authority and what types of civil cases can be handled by the Court of First Instance of the High Court?
- 5. Will I need a lawyer to handle my case?
- 6. What happens if a mentally incapacitated person or an infant/minor wants to start a legal action?
- 7. How can I start a civil action against another party in the District Court or the High Court?
- 8. If I want to start a civil action against somebody through the District Court or the High Court, should I commence the action by filing a writ of summons or by filing an originating summons?
- 9. How do I start a civil action by issuing a writ of summons?
- 10. How do I start a civil action by issuing an originating summons?
- 11. Can I start a civil action against someone: (a) without a permanent address? (b) ordinarily resides outside Hong Kong? (c) who is missing? (d) whose name is unknown?
- 12. What is pleading? What documents do the plaintiff and defendant need to serve in the pleading stage?
- 13. What are the general principles of drafting a good pleading?
- 14. What would be the consequence if the plaintiff exaggerates the amount to be claimed and expects the defendant to make offers at a cut?
- 15. When should I hand in my evidence? Should I attach them to the Statement of Claim or Originating Summons?
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How to defend myself against a civil action
- 1. How do I (as the defendant) calculate the period of 14 days allowed for filing the acknowledgment of service form?
- 2. Should I defend a claim that is started against me?
- 3. What should I do if I decide NOT to defend the case?
- 4. What should I do if I decide to defend the case?
- 5. What happens if the defendant does not file an acknowledgment of service form or a defence?
- 6. What happens if the defendant files a defence (and counterclaim)?
- 7. If the defendant considers that he does in fact owe the plaintiff some money, what action can be taken by the defendant?
- 8. I am the defendant of a civil action but I believe another party should be responsible for the plaintiff’s claim instead. What should I do?
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Preparing a case for a court trial
- 1. What is a discovery (disclosure) of documents?
- 2. What is an exchange of witness statements?
- 3. What should be noted about expert witnesses? Should I call them to give evidence for my case?
- 4. How will the Court give directions for the management of a case before the commencement of a trial?
- 5. What are the other general matters that I should pay attention to concerning the conduct of civil actions in court?
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Settlement
- A. Procedures to shorten the legal proceedings at an early stage under Order 13A – Introduction and Objectives
- B. Sanctioned offers and sanctioned payments
- C. Settling disputes out of the court
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D. Q&A
- 1. As a defendant of a claim for a liquidated sum of money, if I partially admit the liability of a plaintiff's claim, what are the differences between (1) admitting the partial amount via Form 16 at the pleading stage (in pursuant of order 13A), and (2) offering that partial amount as a sanctioned payment to the plaintiff via Form 23 (in pursuant of order 22)?
- 2. If a defendant would like to make a sanctioned payment to the plaintiff at the pleading stage (after receiving the writ and statement of claim), does he still need to admit the offered amount by filling in Form 16 or 16C?
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What kinds of applications may be made to court before the commencement of a trial?
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1. How are interlocutory applications made?
- 1. If a party believes that some of the core pieces of evidence held by the opposite party are falsified (e.g., a false lease document in a trial on land), should he raise it out by an interlocutory application?
- 2. Are there any examples of interlocutory proceedings that might be regarded by the Court as abuse of process? What are the consequences of initiating such proceedings?
- 2. How to prepare an affidavit or affirmation?
- 3. What documents do the parties need to prepare for the hearing of the interlocutory application?
- 4. How is the hearing of an interlocutory application conducted?
- 5. Can the plaintiff or the defendant appeal against an order made on an interlocutory application?
- 6. If the defendant filed a defence, but it does not contain any reasonable points, can the plaintiff apply for a "fast judgment" without going through a trial?
- 7. The trial has not yet commenced but the defendant's wrongdoing has already caused some damage to the plaintiff. What can the plaintiff do to stop the defendant's wrongdoing in the meantime?
- 8. What can the plaintiff do if the defendant is likely to dispose of his assets improperly before the case proceeds to trial?
- 9. What can the plaintiff do if he wants to enter the defendant’s premises to search for and seize certain documents or property before the case proceeds to trial?
- 10. What can the plaintiff do to reduce financial hardship during the period from the commencement of legal action up to the date of trial? Is it possible for the plaintiff to obtain some compensation from the defendant before the conclusion of the case?
- 11. If the defendant wins the case, his legal costs may be recovered from the plaintiff. What can the defendant do if he is worried that, in the event of defeating the plaintiff's claim, the plaintiff would be unable to meet any order for legal costs made at the trial?
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1. How are interlocutory applications made?
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How to fix a trial date and what may happen at a trial
- 1. How can the parties prepare the bundle of documents before going to the trial (copies of the documents that will be placed before the judge and the relevant parties at the trial)?
- 2. If I am a party to the case and have called witnesses to give evidence for me, should I meet with my witnesses before attending the trial?
- 3. If a witness is unwilling to attend the court to give evidence, can a party force him to do so?
- 4. Can the party pay his witnesses to attend the court to give evidence?
- 5. What may happen during a civil trial? What is the usual procedure that the plaintiff and the defendant need to follow at the trial?
- 6. What are opening and closing submissions (including list of authorities)?
- What can I do if I lose the case at trial (how to appeal)?
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Can I recover all my legal costs if the court orders another party to pay my legal costs?
- 1. What is taxation of legal costs?
- 2. Further to question 1, if I have appointed a lawyer to handle my lawsuit, can I apply for taxation if I am not satisfied with my own lawyer's bill?
- 3. How to commence the taxation of costs?
- 4. Is there a reasonable range of hourly legal fees and work hours charged for certain work (e.g., preparing a witness statement)? How to make sure that the fees demanded from the lawyer of the other party are reasonable?
- 5. At earlier stages, what can I do to evaluate the tentative costs I might need to pay for the other party if I lose the case? Do the parties need to tell each other about their legal costs from time to time?
- 6. Under what circumstances does a taxing master tax down the cost?
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How to enforce a court judgment after winning the case
- 1. How can I know if the judgment debtor has the financial resources to satisfy the court judgment and to pay the debt?
- 2. How can I prevent the judgment debtor from leaving Hong Kong as a way to escape liability for paying the judgment debt?
- 3. How can the Bailiff's Office assist me to recover my debt/compensation/premises from the judgment debtor/defendant?
- 4. If I (as a judgment creditor) realise that someone owes money to the judgment debtor, can I get my money directly from that third party?
- 5. If the judgment debtor does not have any cash but owns a property/flat, can I (as the judgment creditor) take legal action against the debtor's flat?
- 6. As a judgment creditor, can I enforce the judgment if the judgment debtor has lodged an application for permission to appeal?
- 7. If I am the judgment debtor and will launch an appeal to the Court of Appeal, what steps have to be taken if I want to have a stay of execution (suspend the execution) of the judgment or order against me?
- 8. If the court orders an injunction against the defendant but the defendant fails to comply with it, how can the plaintiff enforce the order?
- 9. Can I enforce my judgment in civil and commercial matters from other jurisdictions in Hong Kong?
- Remote hearing
- Judicial review
Legal Aid
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Legal Aid
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Free or subsidised legal assistance commonly available in Hong Kong
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A. Legal Aid Scheme for Criminal Cases run by the Legal Aid Department
- 1. Is there any financial screening (financial means test) before I can obtain Legal Aid for criminal cases?
- 2. Is there any case merits screening (case merits test) before I can obtain Legal Aid for criminal cases?
- 3. Can I obtain Legal Aid if I want to plead guilty to the charge?
- 4. Do I need to pay anything for Legal Aid service for criminal cases?
- 5. Can I choose a lawyer I trust to represent me under Legal Aid?
- 6. What should I do if I want to obtain Legal Aid?
- 7. How long do I have to wait for the result of my application?
- 8. What can I do if my application for Criminal Legal Aid is rejected?
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B. Legal Aid Schemes for Civil Cases run by the Legal Aid Department
- 1. What is the financial means test?
- 2. The case merits test for Civil Legal Aid
- 3. Do I need to pay anything for Legal Aid service for civil cases?
- 4. Do I need to pay my opponent's legal costs if I lose in the proceedings?
- 5. Can I choose a lawyer I trust to represent me under Legal Aid?
- 6. What should I do if I want to obtain Legal Aid?
- 7. What consequences will I face if I provide false information to the Legal Aid Department?
- 8. Do I need to file my Defence in the proceedings while waiting for the outcome of my Legal Aid application?
- 9. What can I do if my application for Civil Legal Aid is rejected?
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C. Duty Lawyer Scheme run by the Duty Lawyer Service
- 1. Are all proceedings in Magistrates Courts covered by the Duty Lawyer Scheme?
- 2. Is there any financial screening before I can obtain legal representation from the Duty Lawyer Scheme?
- 3. Do I need to pay anything for the service under the Duty Lawyer Scheme?
- 4. What should I do if I want to obtain legal representation from the Duty Lawyer Scheme?
- D. The Bar Free Legal Service Scheme run by the Hong Kong Bar Association
- E. Free Legal Advice Scheme run by the Duty Lawyer Service
- F. Tel-Law Scheme run by the Duty Lawyer Service
- G. Resource Centre for Unrepresented Litigants run by the Judiciary
- H. Legal Advice Scheme for Unrepresented Litigants on Civil Procedures (Procedural Advice Scheme) run by the Administration Wing of the Chief Secretary for Administration's Office
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A. Legal Aid Scheme for Criminal Cases run by the Legal Aid Department
- Legal Assistance Eligibility Calculator
- Case Illustration
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Free or subsidised legal assistance commonly available in Hong Kong
Personal Injuries
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Personal Injuries
- What are personal injuries?
- Common examples of accidents that may cause personal injuries
- When can I make a claim for personal injury?
- How to make a claim for personal injuries?
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Legal procedures involved in personal injury proceedings
- 1. Letter before Action (plaintiff) and Constructive Reply (defendant)
- 2. Writ of Summons
- 3. Statement of Claim
- 4. Statement of Damages
- 5. Defence
- 6. Certificate (fee arrangement)
- 7. Statement of Truth
- 8. Protocol for Commissioning Expert Reports
- 9. The Check List Review and Case Management Questionnaire
- 10. Case Management Conference
- 11. Pre-Trial Review
- Is there a time limit for filing a personal injury claim?
- How much could my claim be worth?
- Can I apply for Legal Aid for my personal injury claim?
- Law Society Free Legal Helpline
- Traffic Accident Victims Assistance Scheme
- The Motor Insurers' Bureau
- Do not engage recovery agents to handle your claims
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Questions and answers
- 1. I was injured at work. Is the legal procedure for my claim against my employer for employees' compensation different from the procedure for a personal injury claim in respect of the same injury?
- 2. Further to the above question, can I simultaneously make two claims - one for work-related injuries and the other for personal injuries - against my employer and other relevant parties?
- 3. I was injured by a restaurant waiter who carelessly spilled hot soup on me. Should I sue the waiter and the restaurant owner and claim compensation from both of them?
- 4. A man intentionally wounded me and was convicted of criminal assault. Can I make a claim against him for civil damages through personal injury litigation? What happens if the defendant does not have any money to pay compensation?
- 5. I was a passenger and I was injured as a result of an accident that happened on a railway platform. Do I have any grounds to claim against the railway company?
- 6. If my injury was partly caused by my own negligence and partly another person's fault, would the compensation be reduced? How would the level or percentage of such a reduction be decided?
- 7. A member of my family died in an accident. Can I initiate personal injury proceedings on behalf of my family member? What is the procedure that I have to follow before suing the wrongdoer?
- 8. My son was injured in an accident. He wants to make a personal injury claim but he is under 18 years of age. Can he commence the legal action by himself, or should I take up the proceedings on his behalf?
- 9. What is the function of a Coroner’s Court?
- Case Illustration
Bankruptcy, Individual Voluntary Arrangement & Winding-up of Companies
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Bankruptcy, Individual Voluntary Arrangement & Winding-up of Companies
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Individual Bankruptcy
- A. Brief introduction of bankruptcy proceedings
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B. Q&A
- 1. Bankruptcy proceedings can only be commenced by creditors but not by the debtors. Is this true?
- 2. What are the main functions of the Official Receiver's Office?
- 3. Can I find out the bankruptcy record of any persons from the Official Receiver's Office?
- 4. What are the consequences of bankruptcy?
- 5. Is the bankrupt required to hand over all of his/her income to the Trustee?
- 6. What should a bankrupt do or avoid doing after the granting of a bankruptcy order?
- 7. What can the creditors do after the granting of bankruptcy order?
- 8. What is the order of payment after the bankruptcy's assets are sold?
- 9. Can I institute bankruptcy proceedings against my employer for unpaid wages?
- 10. When will the bankrupt be discharged from the bankruptcy order? Will the bankrupt still be liable for the debts after the discharge of the bankruptcy order?
- 11. What criminal offences are related to bankruptcy?
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C. Case Illustration
- 1. Can ABC Bank file a bankruptcy petition against Mr. T at this stage?
- 2. What can ABC Bank do if the statutory demand fails to reach Mr. T, or if Mr. T tries to avoid receiving the demand?
- 3. Apart from validly serving the statutory demand on Mr. T, what other conditions must be satisfied before ABC Bank can file a bankruptcy petition?
- 4. During the court hearing for the bankruptcy petition, Mr. T said that he had spent a long period in mainland China and had not received the statutory demand. He only received the bankruptcy petition two days before the hearing. Can he ask the Court to suspend or dismiss the bankruptcy proceedings?
- 5. If a bankruptcy order is granted against Mr. T, then what will happen to Mr. T?
- 6. What are the effects of bankruptcy on Mr. T's job?
- 7. If Mr. T absconds to China and takes $100,000 in cash, then what possible legal action will he face?
- 8. If Mr. T gives his car to his brother as a gift, then what possible legal action will he face?
- 9. What can ABC Bank do after a bankruptcy order has been granted against Mr. T?
- 10. When will Mr. T be discharged from his bankruptcy order?
- 11. Can Mr. T apply for an early discharge of the bankruptcy order even if its effective period has not expired?
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Individual Voluntary Arrangement
- 1. If a debtor does not want to be bankrupt, then is there any alternative solution?
- 2. What are the advantages of an IVA?(With a brief procedural guide for applying for an IVA)
- 3. What should be stated on the IVA proposal?
- 4. What are the consequences for the debtor if the IVA proposal is approved?
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5. Case Illustration
- 1. What makes an IVA better than bankruptcy in Miss M's case?
- 2. What should Miss M do during the IVA application?
- 3. What should be stated on Miss M's IVA proposal?
- 4. What will happen during the creditors' meeting?
- 5. What are the consequences for Miss M if her proposal is approved?
- 6. Can the decision made at the creditors' meeting be challenged?
- 7. Can Miss M avoid bankruptcy proceedings against her during the effective period of the IVA proposal?
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Winding-up of Companies
- A. What kind of companies can be wound-up?
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B. Things you need to note before presenting a winding-up petitionyou need to note before presenting a winding-up petition
- 1. A brief summary of the procedures for presenting a winding-up petition
- 2. What should the petition contain?
- 3. I have already obtained a court judgment against a limited company, but the company still refuses to pay. Should I present a winding-up petition?
- 4. Apart from a creditor, who else can present a winding-up petition?
- 5. I am a director and minority shareholder of a company. The majority shareholders of the company have continued to exclude me from the management of the company. Can I present a winding-up petition?
- 6. I just found out that another creditor has already presented a petition against the company. Should I nevertheless present another petition? If not, what are my options?
- 7. My company has received a written demand from an alleged creditor requiring us to pay them within 21 days. We strenuously deny that our company is indebted to the alleged creditor. Is there anything our company can do to protect its interest?
- 8. We have written to the creditor who served a written demand on us asking him to withdraw the demand but there is no reply from him. 21 days have passed and we fear that a petition may be presented at any moment. What are the company's options?
- C. Search of winding-up records
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D. Consequences of the presentation of a winding-up petition
- 1. Can anything be done to reactivate the company's bank account?
- 2. The Company is of the view that the debt allegedly owned to the petitioner is not genuine. Is there anything else the company can do pending the hearing of the winding-up petition?
- 3. I am a creditor of a company which has refused to repay a debt to me. I also have grounds to believe that the assets of the company are in jeopardy and are being dissipated. I know I can present a winding-up petition but it will take a few months before the company can be wound up. What can I do to protect my interest and to safeguard the company’s assets in the meantime?
- 4. Do I need to ask my own lawyer/accountant to be appointed as the provisional liquidator? Can a government official (e.g. the Official Receiver) act as the provisional liquidator so that I do not need to pay for my own lawyer/accountant to act as the provisional liquidator?
- E. Alternatives to winding-up
- F. Voluntary winding-up by the company itself
- G. Grounds for making a winding-up order
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H. Consequences of making a winding-up order
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1. On the legal proceedings related to the company, debtors of the company or liquidators
- 1. I am the defendant of a legal action brought against me by a company. I just discovered that a winding up order has been made against this company. Does it follow that the action against me will come to an end automatically?
- 2. I owe a substantial amount of money to a company that has just been wound up. Does it follow that I do not have to repay the debt?
- 3. What are the powers of liquidators when a company is wound up by the Court?
- 4. What are the powers of the Court under section 286B of the Companies Ordinance?
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2. On creditors or employees of the company
- 1. From somewhere I have heard about a "summary procedure" for winding up a company having assets of less than $200,000 in value. How does this procedure work?
- 2. I am an employee of a company that has just been wound-up. Can I recover my unpaid wages?
- 3. I am a creditor of a company that has been wound up. Can I do anything to recover the debt?
- 4. I am dissatisfied with the liquidator’s decision in respect of a proof of debt filed by me. For example, the liquidator denied that the company owes me a certain amount of money. Can I appeal against the decision?
- 5. The company borrowed a substantial amount of money from me but it is not repayable until next year under the terms of the loan. Now that the company has been wound up, can I recover the debt immediately?
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3. On shareholders or directors of the company
- 1. I am a shareholder of a company in which a winding-up order has been granted. I have decided to pay off all debts of the company. Can I “revive” the company?
- 2. After the making of a winding-up order, what are my duties (as a director of the company) in relation to the winding-up proceedings?
- 3. As a director of the company, I have just received a court order directing me to attend a public examination. Do I have to attend? What happens at the hearing?
- 4. If I am a director of a company being wound up, will the winding-up procedures have any practical impact on my personal life?
- 5. I became a “nominee” director of a company controlled by my employer only because my employer asked me to do so. I was not involved in the operation and the management of that company, and it is now being wound up. Do I need to bear any liability in this regard?
- 6. My company is in heavy debt. Some creditors have threatened to present a winding-up petition. I have therefore transferred all the company’s assets to my wife. A petition was presented 2 months after the transfer, and a winding-up order was eventually made. Can anyone go after my wife for the assets?
- 7. Further to the above question, what if I only arrange payment to one of the creditors immediately before the commencement of winding-up proceedings?
- 4. Priority of distribution of assets
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1. On the legal proceedings related to the company, debtors of the company or liquidators
- I. Conclusion of winding-up
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J. Case Illustration
- 1. Can Mr. C file a winding-up petition against AZ Company at this stage?
- 2. There is still no reply from AZ Company, even after it received the written demand. Can Mr. C proceed to file a winding-up petition in Court?
- 3. In addition to delivering the winding-up petition to all relevant parties, must Mr. C also advertise the petition in newspapers?
- 4. Mr. C knows that AZ Company's bank account will be frozen after the presentation of a winding-up petition against it, but he is still afraid that the company's assets may be dissipated in other ways. What should he do?
- 5. After the presentation of a winding-up petition, AZ Company is trying to raise money to pay off its debts. The company has shown some written evidence to the Court and its creditors regarding such effort. Can the company apply to the Court for dismissing Mr. C’s petition?
- 6. A winding-up order is finally granted by the Court against AZ Company. What should Mr. C do in order to secure his rights on recovering the debt?
- 7. Will the shareholders of AZ Company be personally liable for the debt of the company when their company is wound-up?
- 8. What should the directors of AZ Company do after the making of a winding-up order?
- 9. When will the winding-up process be completed?
- Related Websites
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Individual Bankruptcy
Enduring Powers of Attorney
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Enduring Powers of Attorney
- What is an Enduring Power of Attorney?
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The essence of an EPA and what it can achieve
- 1. The relevant laws
- 2. An attorney’s authority, duties and liabilities
- 3. Monitoring the attorney
- 4. The attorney’s capacity
- 5. More than one attorney?
- 6. Registration and notification
- 7. Revocation
- 8. Key advantages of an EPA
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Requirements and procedures for making an EPA
- 1. The use of prescribed form(s)
- 2. Execution (signing) by the donor and the attorney
- 3. Explanatory information
- 4. The attorney’s authority
- 5. Restrictions on the attorney’s authority and notification of named persons
- 6. Certificates by a solicitor and a registered medical practitioner
- 7. Registration of the EPA
- When will an Enduring Power of Attorney take effect?
- Things to consider when choosing the prescribed form and spelling out the terms of an Enduring Power of Attorney
- What will happen if a person fails to execute an Enduring Power of Attorney before he/she becomes mentally incapacitated?
- What will happen when the donor of an Enduring Power of Attorney eventually becomes mentally incapacitated?
- Guide to prescribed forms of the Enduring Power of Attorney and downloading the forms
E-package: DIY Residential Tenancy Agreement
Maintenance and Safety of Property
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Maintenance and Safety of Property
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Owners Corporations and Third Party Risks Insurance
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A. Duty of the OC to procure third party risks insurance
- 1. Does the OC fulfill the legal requirements if it has taken out a public liability policy with an indemnity limit of HK$10 million which covers both bodily injury and property damage to a third party?
- 2. Should the OC procure another policy of third party risks insurance if the property management company has already procured one for the building?
- B. Liabilities to be covered by third party risks insurance
- C. Minimum insured amount
- D. Notice to owners
- E. Report to the Land Registrar
- F. Legal liability for failure to procure third party risks insurance
- G. Protection for the OC and third parties
- H. Significance of procuring third party risks insurance
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A. Duty of the OC to procure third party risks insurance
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Mandatory Building Inspection Scheme and Mandatory Window Inspection Scheme
- 1. What are the MBIS and MWIS?
- 2. Which buildings have to carry out the MBIS and/or the MWIS?
- 3. What are the procedures under the MBIS and MWIS?
- 4. What happens if unauthorized building works are identified during a mandatory building inspection?
- 5. What does the Government do if the statutory notice is not complied with?
- Government subsidy, loan and/or grant
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Owners Corporations and Third Party Risks Insurance
Landlord & Tenant
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Landlord & Tenant
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Things that you need to know before signing a Tenancy Agreement or a Lease
- 1. What major government departments are responsible for governing tenancy matters in Hong Kong? To which department(s) should a party go to if a tenancy dispute/problem arises?
- 2. How can I obtain tenancy information concerning the Government properties (such as public rental housing or shopping centres run by the Government)?
- 3. What is the difference between a tenancy and a licence?
- 4. Can I convert or use my property (or its sub-divided rooms) to grant short-term leases/licences in providing rooms or bedspaces to guests (similar to Airbnb accommodations or ‘capsule hotels’)?
- 5. Before signing the formal tenancy agreement or lease, a tenant may sometimes be asked by a landlord to sign a document called "agreement for lease" or "provisional tenancy agreement". What are the consequences of signing this document?
- 6. Can I let or otherwise allow occupiers to stay at subsidized housing under the Housing Ordinance (e.g. Public Housing or Home Ownership Schemes)?
- 7. Can a foreigner rent a property in Hong Kong?
- 8. If I am a foreigner who is posted by my company to work in Hong Kong, what should I pay special attention to when entering into a tenancy of a flat here?
- 9. The covenants, terms and conditions in the Government leases of some premises do not allow the occupiers to let for residential use (Examples: Registered or unregistered squatters, roof-top unauthorized building works, industrial buildings, container houses, or caravans on farmland). Are tenancy agreements on such premises legally binding?
- After signing a Tenancy Agreement (or a Lease), how should the parties handle the document?
- Rent
- Rates, Management Fees and other charges
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How to recover the outstanding rent and get back the property?
- 1. My tenant has failed to pay rent for two months. What can I do to recover the rent and the possession of my property?
- 2. My tenant has failed to pay rent for several months. Can I regain possession of my property by breaking open the door, throwing away the tenant's belongings and changing the lock without resorting to Court proceedings?
- 3. My tenant has failed to pay or allegedly 'deducted' the rent for several months by the excuse that he suffered from minor water leakage problems or discomfort/disturbances. Can he/she do so and is that a good defence to the recovery of the payable rent/forfeiture?
- 4. Issues relating to Bailiff
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Regulations on using or occupying a leased property
- 1. Why is it necessary and how do we ascertain the primary use, for example “domestic” or “non-domestic”, of a property?
- 2. I have let a residential property to a tenant and I recently found that the tenant is using the property as an office. Will this affect my interests or cause any liability to me as a landlord? If my tenant conducts criminal activities there, what further problems will I face?
- 3. I am a tenant of an apartment unit who have been disturbed by my neighbour (since he habitually sings karoake at a high volume at night). I complained to the manager of the building and was told that as I was not the owner of the property. He further stated that, as tenant, I did not have any right under the deed of mutual covenant. Is he correct and what can I do?
- 4. If the tenant causes nuisance to neighbours, will the landlord be liable? Does the landlord have any remedies against the tenant?
- 5. What amounts to “structural alteration”? Can the tenant make any structural alteration to the premises?
- 6. I am a tenant of an industrial property. The landlord and I had an understanding that I would use the property for residential purpose when the tenancy agreement was signed. The landlord later evicted me from the property. Can I go to the court to enforce the tenancy agreement and seek remedies?
- Sub-letting
- Properties with mortgages
- Repair/maintenance obligations
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Termination of tenancies by notice before expiration (without breach)
- 1. I have let my property to a tenant on a three year term. There are still more than 2 years remaining in the term. However, I note that the rental value of neighbouring properties has risen significantly. Can I terminate the tenancy with the existing tenant and re-let the property out for a better rent?
- 2. I have recently entered into a lease with the Landlord but, before moving in, the Landlord changed his position and said that he did not wish to let the property to me anymore, terminated the tenancy agreement and refused to let me move in. I considered that the terms of the lease was a good bargain to me and I liked this property a lot. Instead of asking for money compensation, can I ask the Court to compel the Landlord to let the property to me on the original terms despite the landlord has breached it?
- 3. I have rented a property on a three year term. There are still more than 2 years remaining in the term. However, I note that the rental value of neighbouring properties has dropped significantly. Can I terminate the tenancy with the landlord so that I can get a comparable property for a lower rent?
- 4. I have rented a property on a three year term. As a result, I have incurred rather big sum of money on renovations and purchasing furniture and expensive appliances which only fits into the property’s layout and dimensions. However, the landlord relied on the ‘break clause’ and gave my notice to quit at the commencement of the second year. The landlord at the same time threatened me that if I wished to stay, I must pay extra rent for the remaining term, or else I must leave after restoring the property into its original state at my own costs. Is that fair? Can I sue the landlord for compensation?
- 5. How to count the notifying period of tenancy termination? If it is specified a one-month notice period, does it count from the day of notification? Or does it count from the 1st day of the next rental month?
- 6. My neighbour causes excessive noise at night every day. My children and I cannot sleep. Can I terminate the tenancy agreement?
- 7. I rent a flat with a balcony which is found to be an unauthorized building work. Later the landlord removed the balcony. Can I terminate the tenancy agreement?
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Landlord sells the property with existing tenancy
- 1. My property, which is currently let to a tenant, has risen in value and I intend to sell it. What do I need to do to discharge myself from any liability under the tenancy before selling the property?
- 2. My landlord has informed me that the property I am renting was sold recently. I was also told to pay rent to the new landlord on the next due date. Can I object? Will my interests under the "old" tenancy be protected?
- 3. There is an option to renew clause in the tenancy agreement signed between the old landlord and the tenant. The tenant tries to exercise the option to renew, but the new landlord refuses. Can the new landlord do so?
- Renewal matters
- Termination of tenancies (by non-payment of rent)
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Termination of tenancies (for breaches of the tenant other than non-payment of rent)
- 1. My tenant removed one of the partition walls of the unit (which is residential) without my consent. Can I terminate the tenancy agreement for such reason?
- 2. The neighbor has complained that the tenant of my property (in an industrial building) has persistently caused excessive noise during late evenings by having overnight binge drinking parties with over 100 guests and a lot of garbage was left at the lift lobby in early mornings. The matter was reported to the police too and certain people were arrested from the scene being suspected of drug abuse. Can I terminate the tenancy agreement? If the case is heard in Court, will the Court grant any ‘mercy’ to the tenant?
- Forfeiture of rental deposit and other consequences following termination by the tenant's breach
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Handover matters at expiry/termination of a lease
- 1. How to resolve the situation of the tenant and landlord not agreeing the amount to be deducted from the rental deposit (due to the disagreement on “reasonable satisfaction of the landlord”)?
- 2. If my landlord refuses to return the rental deposit to me, what can I do?
- 3. Does the landlord have the right to dispose of the belongings left by the tenant after the handover?
- 4. Does the landlord have the responsibility to keep the belongings for a certain period of time if the tenant has indicated that they will collect them?
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Sub-divided Flats and Tenancy Regulation
- a) Objective and Scope of Application of Landlord and Tenant (Consolidation) (Amendment) Ordinance 2021
- b) Excluded Tenancies
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c) Transitional Arrangements
- Q1. A tenancy on a subdivided unit was created orally or by conduct with rent paid periodically and no written tenancy had ever been signed. Are the tenancy regulations applicable?
- Q2. An original tenancy agreement has expired. The tenant continues to pay for the monthly rent and stay in the subdivided unit with the landlord’s consent. Are the tenancy regulations applicable?
- d) Determination of Regulated Tenancy
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e) Security of Tenure
- Q1. What will happen to the tenancy if there is an acquisition by Urban Renewal Authority or compulsory sale involving the premises in regulated tenancies? Can a landlord terminate the regulated tenancies unilaterally or not offer second term tenancy in the offering period if the landlord believes that there will soon be a foreseeable acquisition or compulsory sale?
- Q2. A landlord wishes to evict the tenant within the regulated cycle by withholding the maintenance and repair responsibility reasonably required for the occupation. Does the landlord violate Part IVA of the Landlord and Tenant (Consolidation) Ordinance?
- Q3. If both the landlord and the tenant agree, can they sign a tenancy agreement with a term other than 2 years?
- Q4. Can the tenants be charged a tenancy renewal fee?
- Q5. Can the landlord and tenant negotiate freely on the break clause of a regulated tenancy?
- f) Rent Regulations
- g) Entering into Written Tenancy Agreement
- h) Submission of Notice of Tenancy and Stamping of Tenancy Agreement
- i) Rental Deposit
- j) Mandatory Terms Implied for every Regulated Tenancy
- k) Second term Offer
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l) Overcharging Fees and Charges
- Q1. What documentation is there to prove that the utility fees have been overcharged?
- Q2. Does the landlord violate any laws if he/she alters the meter to overcharge the utility fees for a sub-divided unit?
- Q3. What are the proper steps to install electricity and water meters for calculating the utility charges for the sub-divided unit tenants?
- Q4. Is there a standard way to determine the portion of the utility fee to be shared by a household in a sub-divided unit?
- Q5. Can the tenant recover the utility fees and non-permitted fees that have been overcharged?
- m) Enforcement of Regulated Tenancies
- n) Regulated tenancy as Sub-tenancy
- o) Tenant’s Interest to Pass to Family Member on Death
- p) Other Legal Issues
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Estate agents
- a) General
- b) Services to landlords
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c) Services to tenants
- 1. I want to rent a flat. What services can I expect and what information can I obtain from the agent who shows me a flat?
- 2. As a tenant, must I sign an estate agency agreement when I ask an agent to show me a flat?
- 3. What if I sign a 'Form 6' with an agent who shows me a flat, and later, I rent the flat through another agent or directly from the landlord?
- 4. What if I sign a 'Form 6' with an agent who shows me a flat, and later, someone related to me (e.g. my spouse) rent the flat through another agent or directly from the landlord?
- d) Joint Representation
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e) Misconduct
- 1. Where can I lodge a complaint if I am not satisfied with my estate agent?
- 2. Before I rent the flat, I find out that my estate agent gave me false or misleading information about the flat. Can I terminate the tenancy agreement and sue my agent (or his employer) for compensation?
- 3. Is the estate agent obliged to disclose to the potential tenant about tragic incident which occurred in the flat?
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Renting abroad
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a) Renting abroad - Estate agent
- 1. Can unlicensed estate agents provide services to landlords and tenants in relation to overseas properties?
- 2. Is there a regulatory body overseeing estate agents who provide agency services in relation to overseas properties?
- 3. If the estate agent provided false or misleading information in the leasing of overseas properties, will he or she be liable? How can landlords’ and tenants’ rights be protected?
- b) Renting abroad - Conflict of Laws
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a) Renting abroad - Estate agent
- Case Illustrations
- Related Websites
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Videos
- Episode 1: Regulations on Tenancies of Subdivided Units
- Episode 2: Applicability and Commencement of Regulated Tenancies
- Episode 3: What is a "Standard Tenancy Agreement"?
- Episode 4: What is a "Cycle of Tenancy"?
- Episode 5: Utility Bills and Miscellaneous Charges
- Episode 6: Rights and Responsibilities
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Things that you need to know before signing a Tenancy Agreement or a Lease
Redevelopment and Acquisition of Property
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Redevelopment and Acquisition of Property
- Who undertakes redevelopment projects?
- Urban Renewal Authority
- Land resumption
- Intimidation tactics faced by property owners
- Assistance
Sale & Purchase of Property
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Sale & Purchase of Property
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Basic knowledge of land ownership in Hong Kong
- 1. Am I holding a Government lease while owning a flat in a multi-storey building?
- 2. What are the different ways of owning a property? What is sole ownership and what are joint tenants and tenants-in-common?
- 3. Can I sell my property if I am one of the joint tenants/tenants in common?
- 4. I am not the "registered owner" of a flat although I have paid part or all of the money to purchase the flat. Do I have a say in matters concerning the property? Can I stop the "registered owner" from selling the property?
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The estate agents' services (with an overview of the sale and purchase procedures)
- 1. I want to sell my flat. What services can I expect from an estate agent?
- 2. As a vendor, must I sign an estate agency agreement when I ask an agent to help me sell my flat?
- 3. Can the same agent serve both the vendor and the purchaser?
- 4. Do I pay less commission if the same agent serves both the purchaser and me (the vendor)?
- 5. I want to buy a flat. What services can I expect and what information can I obtain from the agent who shows me a flat?
- 6. As a purchaser, must I sign an estate agency agreement when I ask an agent to show me a flat?
- 7. Do I pay less commission if the same agent serves both the vendor and me (the purchaser)?
- 8. What if I sign a 'Form 4' with an agent who shows me a flat, and later, I buy the flat through another agent or directly from the vendor?
- 9. What if I sign a 'Form 4' with an agent who shows me a flat, and later, someone related to me (e.g. my spouse) buys the flat through another agent or directly from the vendor?
- 10. Where can I go to make a complaint if I am not satisfied with my agent?
- 11. Before I buy the flat, I find out that my agent gave me false information or he forgot to tell me some important information about the flat. Can I terminate the provisional agreement and sue my agent (and his employer) for compensation?
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Provisional Sale and Purchase Agreement
- 1. I want to purchase a flat. What should I do before I sign the provisional sale and purchase agreement and pay the initial deposit?
- 2. When the property is sold with an existing tenancy, what should the purchaser and the vendor be aware of?
- 3. What are the usual terms that would be contained in the provisional sale and purchase agreement?
- 4. Should the provisional sale and purchase agreement be stamped and registered?
- 5. What should a purchaser be aware of if there is an existing mortgage on the flat before he/she signs the provisional sale and purchase agreement?
- 6. If a purchaser intends to buy a flat over which there is a negative equity (the purchase price to be paid cannot fully offset the outstanding mortgage loan), how can the purchaser deal with the risk?
- 7. What should a purchaser do if a mortgage is needed?
- 8. Can a purchaser re-sell the property after signing the provisional sale and purchase agreement?
- 9. Can a purchaser refuse to complete the purchase of a stigmatized property after signing the provisional or formal sale and purchase agreement?
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Formal Sale and Purchase Agreement
- 1. What are the usual steps for signing the formal sale and purchase agreement and paying the further deposit?
- 2. I (as a purchaser) signed the provisional agreement but I want to add my spouse's name or my parents' names into the subsequent formal agreement. Can I do that?
- 3. If I want to sell or transfer my flat to a member of my family or a relative, what should I be aware of?
- 4. Should I enter into a sale and purchase agreement or execute a deed of gift if I want to give my property to my husband/wife?
- 5. How much stamp duty is payable for the sale and purchase agreement for a residential property?
- 6. Is there any difference between 'residential' and 'commercial' properties as far as stamp duty is concerned?
- 7. Can the purchaser apply for deferring payment of stamp duty?
- 8. Should the sale and purchase agreement for the property be registered at the Land Registry? How much is the registration fee?
- 9. How much will I have to pay the solicitor for a property transaction? Is there a fixed scale?
- 10. What happens if there are discrepancies in the terms between the provisional agreement and the formal agreement?
- 11. If the vendor/purchaser anticipates that he will be out of Hong Kong and therefore cannot sign the formal agreement, what can he do?
- Consequences of breaching the sale and purchase agreement
- Completing the sale and purchase transaction
- Sale and purchase of Home Ownership Scheme (HOS) flats
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Sale and purchase of property under construction
- 1. Sale and purchase of property under construction is governed by either the "Consent Scheme" or the "Non-Consent Scheme". What are the differences between these two schemes?
- 2. If the developer/vendor fails to complete the building and hand over the flats to the purchasers on time, can the purchasers terminate the agreement and sue for compensation?
- Deed of Mutual Covenant and Owners' Corporation
- Case Illustration
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Basic knowledge of land ownership in Hong Kong
Probate
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Probate
- Preliminary issues to be considered (with or without a Will)
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Making a Will
- 1. What are the requirements for a valid will?
- 2. What other matters should be considered before making a Will?
- 3. What precautions should be taken when drafting a Will?
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4. FAQ
- 1. What is the difference between a will and a "平安紙"?
- 2. I am very afraid that my will will not be executed according to my wishes. What can I do to guarantee the due execution of my will after my death?
- 3. I have lost all my love and affection for my wife. I plan to leave nothing to her without even mentioning her name in my Will. Can I do that?
- 4. Can the testator have more than one Will at the same time?
- 5. Can the testator deal with his overseas property in the Will?
- 6. Can the testator make one Will to deal with Hong Kong property and another Will to deal with overseas property?
- 7. Can a bankrupt be appointed as an executor/administrator?
- 8. Can I write my own will without the help of lawyers?
- 9. What happens to a will that does not follow the legal requirement?
- Alterations to Wills
- Revocation of Wills
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Obtaining Grant of Probate (Death with a Will) v.s. Obtaining Grant of Letters of Administration (Death without a Will, i.e. Intestate)
- 1. Death registration
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2. Searching for a Will and gaining access to the deceased's safe deposit box in a bank
- 1. How to get access to the deceased's safe deposit box in a bank?
- 2. When and how can the executor/administrator remove the items inside the deceased's safe deposit box at a bank?
- 3. How to collect and to take inventory of the deceased's personal belongings if they are not kept inside the deceased's safe deposit box at the bank?
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3. Grant of Probate
- 1. Eligibility
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2. Procedures
- 1. Can probate be applied for if the Will is lost and there are no available copies of the Will?
- 2. Can probate be applied for if the original Will is lost and there is only a copy of the Will?
- 3. If a person (other than the executor) keeps the Will and refuses to give it to the executor, what can the executor do?
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4. Letters of Administration (in case of intestacy)
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1. Eligibility
- 1. The person entitled to the Letters of Administration in priority is missing or refuses to apply for the Letters of Administration. Can another person apply for it? What does he need to do?
- 2. My father’s cousin died without a will. He was unmarried and had no children. His siblings do not want to apply for the Letters of Administration due to their old age. Can my father or I apply for the Letters of Administration?
- 2. Procedures
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1. Eligibility
- 5. Letters of Administration (with Will annexed)
- 6. Special Grant
- 7. Abolition of Estate Duty and the procedures for applying for a Grant of Representation
- 8. Revocation of grants
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9. FAQ
- 1. Is there a time limit to apply for a Grant of Probate or Letters of Administration?
- 2. If the applicant subsequently finds more assets of the deceased after submitting the documents to the Probate Registry, what should he/she do?
- 3. If the value of the deceased’s estate does not exceed $50,000, will the application procedure be different?
- 4. What happen if the value of the estate exceeds $50,000 but does not exceed $150,000?
- 5. How does one avoid intermeddling of the estate (handling the estate without permission) after abolition of the Estate Duty?
- 6. What should the executor/administrator do if he has lost the Grant?
- 7. What are citations and caveats to a Will?
- 8. What can be done if the Will is found after the Letters of Administration is granted?
- 9. I don’t have many close relatives. Can I appoint a friend or an institution, e.g. an NGO, to be the executor of my will? If yes, what should I do / prepare to make such an arrangement?
- 10. Would the preparation for arrangement be any different if the size of my estate is (1) less than $50,000; (2) more than $50,000 but less than $150,000; OR (3) more than $150,000?
- 11. Are there any limitations of who can be my executor?
- 12. As the executor (who is not a direct relative of the testator, e.g. friend or an NGO), are there any preparations that I can make?
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Administration of Estate
- 1. Payment of Debts and Funeral Expenses
- 2. What property constitutes assets?
- 3. Powers of the Personal Representatives in Dealing with the Assets
- 4. Distribution of Assets
- 5. Duty to Account
- 6. Duty of Not to Waste and Duty as a Fiduciary
- 7. Liabilities Towards Third Parties
- 8. Remuneration
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9. FAQ
- 1. What if the estate includes a business?
- 2. If the deceased made no Will, how can the relevant estate be distributed?
- 3. Can a surviving spouse acquire the matrimonial property owned by the intestate?
- 4. Can a beneficiary refuse to take up the entitlement to an estate?
- 5. Is there a time limit for the distribution of the estate?
- 6. What is a deed of family arrangement? When to use it?
- 7. My grandmother just died and my grandfather died many years ago. She had three children, A, B and C. C passed away one year ago. C had two children, D and E. (1) If my grandmother died with a will directing her estate be distributed among A, B and C evenly, how is the estate be distributed? (2) If my grandmother died intestate, how is the estate distributed?
- 8. The husband died without a will. Before he died, the wife was the guardian of the husband. If their child has been lost for many years and has never taken care of the two elders, can the wife inherit the entire estate?
- 9. What if the deceased died in the Mainland China, but domiciled in Hong Kong, how can the intended personal representative proceed with the application of grant?
- 10. If a creditor fails to collect his outstanding debt from the debtor before the death of the debtor, how can the creditor protect himself and chase for repayment?
- 11. The allocation of estate has been clearly set out in a Will. Can this prevent all the disputes which may come out during the distribution process?
- 12. If the deceased had a credit card debt, should the intended personal representative clear the debt first or apply for a grant of probate/letter of administration first?
- 13. If there are two personal representatives, can one of them deal with the estate alone?
- 14. If I am a beneficiary under intestacy or under a previous will, or if I have reasons to believe that I am a beneficiary under the latest will, can I ask the executor under the latest will to disclose to me the contents of the will? If the executor refuses to do so, what can I do?
- 15. If the personal representative fails to administer the estate properly, what can the beneficiary do?
- 16. If the personal representative fails to pay off the deceased’s debts before distribution, will he or she be personally liable for the debts?
- 17. Can the executor/administrator initiate a litigation to recover assets of the estate?
- 18. Is the personal representative personally liable for the costs arising out of the litigation in relation to the deceased's estate?
- 19. What if there are no beneficiaries to distribute to? E.g. what if all the beneficiaries under the will have predeceased the deceased and have left no issue, and the deceased has no surviving families under the laws of intestacy?
- Inheritance (Provision for Families and Dependants) Ordinance
- Videos
Taxation
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Taxation
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Salaries Tax
- A. Location of Employment
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B. General guidelines on how to compute Salaries Tax
- 1. What income is assessable and what deductions (and allowances) can be claimed under Salaries Tax?
- 2. What are the current rates for salaries tax?
- 3. How is Salaries Tax and Provisional Salaries Tax computed?
- 4. When do I pay my Salaries Tax and Provisional Salaries Tax?
- 5. Under what circumstances can I apply for paying less tax, or for holding over (deferring payment) of Provisional Salaries Tax?
- 6. How can married persons report their salary income?
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C. Income chargeable to Salaries Tax
- 1. My salaries income includes bonus, allowance, and commission. How should I report such income?
- 2. I have drawn a salary from my business. How should I report this income on my individual tax return (i.e. Tax Return – Individuals [B.I.R. 60])?
- 3. I have received leave pay, are these taxable?
- 4. I was laid off. I received from my employer (a) payment in lieu of notice and (b) severance/long service payment. Are these taxable?
- 5. Is the lump sum received by way of commutation of pension (replacing the monthly pension) on my retirement taxable? On the other hand, is monthly pension taxable?
- 6. I am a member of a Mandatory Provident Fund Scheme (“MPFS”). What is the tax treatment of the accrued benefits that I would receive or be deemed to have received from the MPFS upon my termination of employment?
- 7. I was a member of a Recognized Occupational Retirement Scheme (“RORS”) but not a MPF Scheme, and I left my employment. Are the accrued benefits withdrawn from the RORS taxable?
- 8. I completed a two-year-contract of employment and received a lump sum contract gratuity. Then I renewed my contract with my employer for another two years. Do I have to report the entire sum for the first contract's gratuity in this year's tax return?
- 9. How is the benefit of the provision of a place of residence assessed with respect to an employee's Salaries Tax?
- 10. What happens with respect to assessable income if the employer does not provide a place of residence to the employee, but refunds all or part of the rent paid by that employee?
- 11. How are benefits related to companies' share awards or share options taxed?
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D. Deductions relating to income chargeable to Salaries Tax
- 1. I resigned (without advance notice) and left the company on 1 March 2023. As I was required to pay one month's salary in lieu of notice to my employer, my employer did not pay me the salary for February 2023. For the year of assessment 2022/23, should I pay tax on my salary for 10 months or 11 months?
- 2. How are the contributions made to an MPF scheme (MPFS) deducted for tax purposes?
- 3. I am a director of a company and receive director's remuneration. Can I claim deductions for tax purposes from my MPF Scheme (MPFS) contributions?
- 4. If I contribute to a Recognized Occupational Retirement Scheme (“RORS”) rather than a MPF scheme, can I still claim deductions?
- 5. What are expenses of self-education? Can I claim a deduction for tax purposes if I undertake a course related to my employment?
- 6. If I did not undertake any prescribed course of education but just sat the professional examination set by a professional body (such as the Hong Kong Institute of Certified Public Accountants) for its members, can I claim the examination fee as a tax deduction?
- 7. Who are eligible to claim deductions under “Elderly Residential Care Expenses” (ERCE)? What is the maximum deduction?
- 8. What is the maximum amount of tax deduction under Home Loan Interest?
- 9. Can mortgage interest paid for the acquisition of a car parking space be claimed for tax deduction?
- 10. If I own two dwellings, both of which are used as my place of residence, am I entitled to a deduction of loan interest paid for both dwellings?
- 11. I made donations to a charity. Can I claim deductions?
- 12. I paid for rents for my place of residence. Is this deductible?
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E. Allowances relating to Salaries Tax
- 1. Who are eligible to claim the “married person's allowance”? What is the amount of that allowance?
- 2. I am married. How do I claim the "Married Person's Allowance", choose either "Joint Assessment" or "Personal Assessment", or nominate my spouse to claim the deduction for "Home Loan Interest"?
- 3. How is eligibility for claiming the “child allowance” determined? What is the current amount of that allowance?
- 4. I have a brother and a sister whose living expenses are fully supported by me. Can I claim the "dependent brother/sister allowance" under this circumstance?
- 5. I have to maintain my two parents. Under what circumstances can I claim the “dependent parent allowance” or the additional dependent parent allowance”?
- 6. How to determine whether or not a dependent parent ordinarily resides in Hong Kong ?
- 7. We maintain my wife's stepfather who is over 60 years old this year but he has not registered a marriage with my mother-in-law. Can we claim the dependent parent allowance in respect of my wife's stepfather?
- 8. I am eligible to obtain a “child allowance”, but I was divorced 2 years ago. Can I claim the “single parent allowance”?
- 9. I have separated from my spouse recently and I have to solely maintain my children. Can I claim the “single parent allowance”?
- 10. Under what circumstances can I claim the “disabled dependent allowance”?
- 11. What evidence is required from applicants for the “disabled dependant allowance” when a review is made?
- 12. Under what circumstances can I claim the "Personal Disability Allowance"?
- F. Taxpayer who has recently become chargeable to tax
- G. Taxpayer who has change his/her address
- H. Taxpayer who is about to leave Hong Kong
- I. Penalties for salaries tax avoidance
- J. Objection and Appeal
- K. Preliminary calculation and filing of tax returns via the internet
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Profits Tax
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A. General guidelines on how to compute Profits Tax
- 1. What are the current rates for Profits Tax?
- 2. What are “assessable profits”? How to interpret the “basis period” for Profits Tax purposes?
- 3. Is there any difference in the reporting requirements for a sole-proprietorship business and a partnership business?
- 4. I run a business on my own. Do I qualify as a self-employed person and what are my tax obligations?
- 5. I run a business on my own and need to declare “assessable profits” in the tax return. Must I engage a professional accountant to prepare the accounts?
- 6. If I have not appointed any accountant to handle my company's taxation matters, are there any calculation aids available to help me compute the "assessable profits"?
- 7. Can I apply for paying less tax, or for the holding over (deferring payment) of Provisional Profits Tax?
- 8. The gross income of my sole-proprietorship business during the year was below $2,000,000. Do I need to retain this year's business records, and if so, for how long? Do I need to attach the Balance Sheet and Profit & Loss Accounts to my Tax Return?
- 9. If not every receipt/income from my business is taxable, which is taxable and which is not?
- 10. If not every expense/outgoing is deductible from the assessable profits, which ones are deductible?
- 11. Which expenses/outgoings are NOT deductible from the assessable profits?
- 12. Apart from those allowable deductions mentioned in the above Q&A, are there any other allowances available under Profits Tax assessments?
- 13. What is the effect on my liability for Profits Tax if I did not make any profit, but incurred a loss in my business?
- 14. Can I file my profits tax return electronically?
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B. Deductions relating to taxable profits
- 1. What should be included under the section of Employee and/or Director's remuneration in the tax return?
- 2. Is there any limit on deductions for MPF contributions made by employers for their employees?
- 3. I made mandatory contributions of $18,000 in the year of assessment 2022/23 as a self-employed person. I also employed my wife in running the business and she joined the MPFS. My MPF contribution for her during the same year was $10,000. Can I claim a further deduction for profits tax purposes from her part of contributions?
- 4. After the commencement of the MPF scheme, are there any changes to the employer's responsibilities in filing the Employer's Return?
- 5. An employer may occasionally receive a Recovery Notice issued under Section 76(1) of the Inland Revenue Ordinance requiring him/her to deduct the employee's salary for tax payments. Should the employer fulfill this obligation under the Recovery Notice
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C. Allowances relating to Profits Tax
- 1. I am the sole-proprietor and a partner of 2 companies who is liable to pay Profits Tax. Am I entitled to the basic or other tax allowances (such as child, single parent, dependent parent, dependent grandparent or dependent brother/sister allowances), and Home Loan Interest deduction?
- 2. I bought two machines for $200,000 and a second-hand lorry for $50,000. The purchase costs are capital expenditure and cannot be deducted from my assessable profits. Is there any relief that I can claim?
- 3. Are all properties bought by my company for business purposes qualified for building allowances?
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D. Scenarios on partnership business
- 1. I started a partnership business with my brother and our first accounts closed on 31 March 2023. How should I report my share of the profits of the partnership to the Inland Revenue Department?
- 2. Under a partnership agreement (with 2 partners in total), I draw a monthly salary of $10,000 from the business and the balance of the profits is divided between my partner and myself in equal shares. How will the assessable profits of the business be allocated between us?
- 3. Our partnership business had an assessed loss in the previous year of assessment and one of the partners, who is an individual, retired at the end of that year. In this regard, can the share of the loss allocated to the partner who retired be used to set off the profits of the partnership of this year and subsequent years?
- 4. One of the partners has a separate employment, and mandatory contributions (for a MPF scheme) have been made by him both in the capacity of a self-employed person and an employee. How should tax deductions be claimed under profits tax?
- E. Objection and Appeal
- F. Anti-Avoidance measures concerning Profits Tax payment
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A. General guidelines on how to compute Profits Tax
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Property Tax
-
A. More information about assessable value and deductions
- 1. How should taxpayers report their rental income for Property Tax assessment to the Inland Revenue Department?
- 2. I received a Property Tax Return (B.I.R.57) last week. When should I return it to the Inland Revenue Department? Do I have to attach any supporting documents to the Return as proof for the figures that I filled in? Can I file my Tax Return via the Internet?
- 3. How to report my letting income?
- 4. I have to pay building management fees and certain other out of pocket expenses for the property. Are they deductible? Should I deduct them from the rental income and report the net amount of the income?
- 5. I bought a property and took out a mortgage loan for 10 years. Can I get any relief for the mortgage interest paid?
- 6. If the tenant fails to pay rent, can I report the uncollected rent and claim deductions in Property Tax?
- 7. What is a “lease premium”? Should it be included in the assessable value for Property Tax?
- 8. Will the letting of common areas of a building cause liability to Property Tax?
- 9. If I received a Property Tax assessment and found that the net assessable value (NAV) and the tax charged are incorrect, what should I do?
-
B. Scenarios involving solely-owned properties
- 1. I let a property on 1 July 2022 for $30,000 per month. Rates for the 3 quarters to 31 March 2023 paid by me amounted to $12,000. How is Property Tax computed for 2022/23? Do I have to pay Provisional Property Tax for 2023/24?
- 2. My solely-owned property yielded a rental income of $30,000 per month until the tenant left on 31 May 2023. It was let again after 3 months' vacancy at a reduced monthly rental of $24,000. Can I apply to pay less property tax (or to holdover/defer payment of provisional tax)?
-
C. Scenarios involving jointly-owned properties
- 1. My 3 sons and I are the joint owners of a property. How should I state my share of ownership?
- 2. I have received a Property Tax Return for a property owned by my parents and myself. My mother passed away on 1 August 2022. How should I complete the Property Tax Return for 2022/23?
- 3. My parents are joint owners of the property. If they are unable to write, how can they sign the Tax Return (B.I.R.57)?
- 4. My spouse and I let out a flat and a parking space together to the same tenant at one lump sum rental. However, I received two separate Property Tax Returns, how should I fill in Part 4 of the Return?
- 5. My husband and I jointly own a flat and a parking space. The flat is let for rental income and the parking space is used for parking our own car. The Property Tax Return shows the location of property as consisting of both the flat and the parking space. How should we report this situation in the Tax Return?
-
A. More information about assessable value and deductions
-
Personal Assessment (may provide more tax relief in some cases)
- 1. Who are eligible to choose Personal Assessment?
- 2. If I received monthly rental of $40,000 from letting a property under mortgage (interest of $42,000 was paid during the year), can I pay less tax under Personal Assessment? When will the selection of Personal Assessment not be advantageous?
- 3. If I suffered a business loss of $100,000 but received salaries income of $400,000 from a separate employment, can I pay less tax under Personal Assessment?
- 4. The profit of my sole-proprietorship business was assessed at $460,000. My wife received a monthly rent of $10,000 from a property under mortgage. She paid mortgage interest of $56,000 during the year. How is Personal Assessment applied to a married couple?
- 5. Is there a time limit for selecting Personal Assessment?
- Taxation Arrangement between the Mainland China and Hong Kong (to avoid double taxation)
-
Stamp Duty
- 1. In what ways can I have a document stamped?
- 2. Can I submit a license agreement for a property for stamping electronically?
- 3. What is the time limit for stamping a document? Will penalties be imposed if I stamp the document late?
- 4. Other than the penalties imposed for late stamping, what are the consequences if I fail to stamp a document on which stamp duty is charged?
- 5. When will I have to pay an "adjudication fee"?
- 6. If the duty payer does not agree with the stamp duty assessment, what can he/she do?
- Estate Duty
- Objection and Appeal against Tax Assessment
- Advance Rulings (to obtain early decisions on uncertain tax matters)
-
Salaries Tax
Insurance
-
Insurance
-
General matters concerning all types of insurance
- 1. The insured persons or policyholders might sometimes fail to disclose all their personal information to the insurance company. Will such a non-disclosure lead to the rejection of claims? What important facts must be disclosed?
- 2. Further to the question above, if a piece of non-disclosed information is not related to a particular claim, can the insurance company still reject such claim?
- 3. What are the usual "exclusion clauses" in an insurance policy?
- 4. I paid the premium one week late (or one month late). Is my policy still valid? Will the insurance company deny my claim if an accident happened immediately before my premium payment?
- 5. The insurance company has delayed processing my claim. Can I claim interest due to such a delay?
- 6. I have taken out several insurance policies covering the same risk (e.g. hospital confinement or household damage). Can I claim for the sum insured under ALL policies or just the actual expenses/losses only? Is the claim for the death benefit under life insurance subject to different rules?
-
How can I get an insurance policy?
-
a. Insurance Intermediaries
- 1. There are two types of insurance intermediary, namely "insurance agent" and "insurance broker". What are the differences in their roles/functions and qualifications? Are they required to be registered before performing their work?
- 2. What are the requirements for an individual to be a licensed insurance intermediary or responsible officer of licensed insurance agencies or insurance broker companies under the new regime?
- 3. Are licensed insurance intermediaries required to comply with any principles of professional conduct?
- 4. What powers do the Insurance Authority have to ensure insurance intermediaries’ compliance with the statutory requirement and to deal with insurance intermediaries’ misconduct?
- 5. I am not satisfied with the compensation and the conduct of my agent/insurance company. Shall I settle the dispute in court, or approach other organizations? Do the courts or other organizations impose a limit on the amount of any claim in each case?
- 6. My agent made some false statements which induced me to buy insurance from him. Can I terminate the policy and ask for a refund of the premiums?
- 7. My agent asks me to pay him cash so that he can pay my premiums promptly on behalf of me. Is he allowed to handle premium payments in this way?
- b. Insurtech and Virtual Insurer
-
a. Insurance Intermediaries
-
Common Types of Insurance
-
A. Life insurance (including retirement products)
- 1. What is meant by a "cooling-off period"? If I have just purchased a life insurance policy but have second thoughts a few days later, can I cancel this policy?
- 2. What do I need to consider if I am thinking whether to replace an existing insurance policy with a new insurance policy? From whom may I seek advice?
- 3. How can I find out about the benefit illustration of a life insurance policy prior to purchasing it?
- 4. Why do I need to provide the information for completing the form for financial needs analysis prior to purchasing life insurance policy?
- 5. What is meant by a "contestable period" in relation to life insurance?
- 6. What is the effect of a "suicide clause" in a life insurance policy?
- 7. Can the insurance company deny my claims made under the insurance policy because of the non-disclosure of health problem and that the doctor failed to diagnose during the medical check-up prior to my insurance application?
- 8. What are the differences between a "revocable beneficiary" and an "irrevocable beneficiary"? Under what circumstances can I change an irrevocable beneficiary in my life insurance policy?
- 9. My son is now 15 years old. Can I name him as the beneficiary in my life insurance policy? Would he be entitled to receive all the proceeds if I die before he reaches the age of majority (i.e. the age of 18)?
- 10. The insured person has disappeared for several years. Can the beneficiary submit a claim for the death benefit under the relevant life insurance policy?
- 11. Will medical reports issued by traditional Chinese medical practitioners be accepted by an insurance company when processing claims?
- 12. I took out an insurance policy in Hong Kong but I was injured in a foreign country. Will this affect my claim?
- 13. Can a person under 18 years of age purchase a life insurance policy?
- 14. If my insurance policy has lapsed and I try to "reinstate" my policy by paying the premiums again, can I submit any claims to the insurance company at this stage?
- 15. I have taken out several life insurance policies covering the same risk (on the life of the same person), can I claim for the death benefit under ALL life insurance policies?
- 16. Who are required to join the MPF schemes (or other recognized occupational retirement schemes) under the law? Are self-employed persons or casual workers (who are not employed under contracts of employment) also required to join these schemes?
- 17. What are the statutory amounts or percentages of income for mandatory contributions under MPF schemes?
- 18. I have already joined a MPF scheme. Do I still need to consider other retirement plans, e.g. life insurance and other investment tools?
-
B. Medical Insurance
- 1. What is the difference between group and individual medical/health insurance?
- 2. What is the Voluntary Health Insurance Scheme?
- 3. What is the minimum insurance coverage offered by Certified Plans?
- 4. How do I know whether an insurance policy is a VHIS Policy?
- 5. What is the impact of a “suicide clause” on medical/health insurance if the policyholder has tried to commit suicide, but only injured himself?
- 6. Will medical reports issued by traditional Chinese medical practitioners be accepted by an insurance company when processing claims?
- 7. I have taken out several insurance policies covering the same risk (e.g. hospital confinement or household damage). Can I claim for the sum insured under ALL policies or just the actual expenses/losses only?
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C. Accident or personal injury insurance
- 1. What is the general meaning of "accidental injury"? If I was injured but did not have a visible bruise or wound, can I still submit a claim for such an injury?
- 2. What are the general meanings of "permanent disability" and "temporary disability"? I received a lump sum from an insurance company due to a permanent disability but surprisingly recovered two years later. Can the insurance company ask me to refund part of its previous payment?
- 3. I seldom participate in risky or dangerous sports/activities (e.g. water skiing), but I was injured on one occasion while playing such a sport. Is such an injury considered as an "accident" or "self-inflicted" or a "negligent" event?
- 4. If I have received compensation from personal injury litigation against the wrongdoer, will it be used to set off part of my claim from my insurance policy?
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D. Insurance against damage or loss of property
- 1. If my home and the furniture inside are damaged, will the insurance company compensate me for the full value of my property? Will the insurance company make a professional valuation or estimation before effecting payment?
- 2. I am an owner of a flat inside a building that has coverage for third party liability. Can I escape from all liability if visitors or occupiers were injured in an accident inside the building?
- E. Professional Liability Insurance
-
F. Motor Insurance
- 1. When an accident happens, what should a driver do or not to do? In case the driver is being sued by the victims, should the driver appoint a lawyer for defence before informing the insurance company?
- 2. Should the driver arrange to repair the car immediately after a traffic accident? Is the driver required to obtain prior approval from the insurance company for the costs of any repair?
- 3. I am the registered owner but not the "real owner" of a car ("real owner" is the person who actually paid for the car). Can I obtain insurance coverage in respect of the car?
- 4. I am a car owner. Am I bound to purchase third party liability insurance for my car under the law? What are the consequences if I fail to do so?
- 5. Do I need to disclose the traffic accident(s) I have previously been involved as a driver when I apply for motor insurance? Will I be charged of a higher premium if I disclose I have recently been convicted of any traffic offence such as illegal parking?
- G. Employees' compensation
-
H. Travel Insurance
- 1. I have already purchased my air ticket and travel insurance for my next trip. However, it appears there is political instability in the country I am going to visit. What should I do?
- 2. I have signed up a local tour and shall participate in a hot-air balloon activity for my coming trip. What should I pay attention to when buying my travel insurance?
- 3. I am a frequent traveller as I like to visit different countries to appreciate the beauty of nature and mountain scene. Are there any tips for me in buying travel insurance?
- 4. I am travelling to a city at early morning of the day and will return before midnight. Do I still need to buy any travel insurance for such a short trip?
-
A. Life insurance (including retirement products)
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General matters concerning all types of insurance
Medical Treatment: Consent and Withdrawal
Medical Negligence
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Medical Negligence
- What is medical negligence?
- Common examples of complaints about medical practitioners
- The Medical Council of Hong Kong
- Under what circumstances can I make a claim for medical negligence?
- How to make a claim for medical negligence?
- Is there a time limit for filing a medical negligence claim?
- How much could my claim be worth?
- Can I apply for Legal Aid for my medical negligence claim?
- Law Society Free Legal Helpline
- Do not engage recovery agents to handle your claims
-
Questions and answers
- 1. What will happen if I make a complaint about a doctor to the Medical Council of Hong Kong?
- 2. How can I obtain my medical notes and records from the clinic or hospital that treated me?
- 3. How can I determine whether or not a doctor has exercised "reasonable skill and care" in administering medical treatment or carrying out an operation? Are there any special standards that can be taken into consideration?
- 4. I am a patient and am being asked by my doctor to sign a "consent form" that shows that I accept the treatment or operation. If I sign this consent form but my condition worsens as a result of the treatment or operation, can I still claim against the doctor for compensation?
Police & Crime
-
Police & Criminal Procedure
- Criminal liability and types of penalties
- Criminal records and the Rehabilitation of Offenders Ordinance
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Police powers
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A. Powers to stop, search and detain
- 1. Under what circumstances can the police stop and question me in a public place? Must I answer their questions?
- 2. Under what circumstances can the police stop and search me in a public area?
- 3. Do the police have power to search and examine the digital content of a mobile phone found on the arrested person?
- 4. What are the consequences if I refuse to cooperate with the police when they are exercising their powers to stop, question or search me?
- 5. If I don't want to be searched in public by the police, what can I do?
- B. Seizure and detention of property
- C. Powers of entry of premises, search and seizure
- D. Covert surveillance and inception of communication
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E. Powers of arrest
- 1. Under what circumstances can the police arrest me? Must they obtain a warrant of arrest beforehand?
- 2. What are my rights if I am being arrested?
- 3. What are the consequences if I resist arrest?
- 4. What should a person do if they believe they have been wrongfully arrested?
- 5. What are the procedures after being arrested?
- 6. After arresting a young person, will the law enforcement officers take the initiative to notify the parents or teachers?
- 7. I only know that my underage son, has been arrested but I don't know which police station he is in, what should I do?
- 8. Can I leave Hong Kong after being arrested?
- F. Powers under Organized and Serious Crimes Ordinance (Cap. 455)
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G. Questioning and treatment of witnesses and detained persons
- 1. If the police merely ask me to go to a police station to assist with their investigation, am I obliged to go? Can they detain me inside the station?
- 2. If I have been arrested and detained at the police station, is there a maximum period of detention? Under what circumstances can the police detain me for a longer period?
- 3. Is it a must to be detained for 48 hours after being arrested?
- 4. If I am detained by the police in the police station and am asked to make a statement, what are my rights? Must I answer every question raised by the police during the interview?
- 5. If the police fail to comply with any of the rules governing the procedures relating to questioning, searching, arresting, detaining persons or the seizing of articles, what are the possible consequences?
- 6. If I am detained by the police in the police station, how can I find a lawyer? Can I obtain free legal services at this stage if I cannot afford a private lawyer?
- 7. If I am detained in the police station and I want to be released, what should I do?
- 8. If I have been ill-treated by the police (such as illegally entering a private property and coercing a confession), how can I lodge a complaint against the police?
- 9. How are police interviews conducted?
- 10. The police took a statement from me as a witness. Later, I was arrested and charged. Can the prosecution rely on my statement?
- 11. I found that I made a mistake when I was making a statement, but I have already signed the document, what can I do?
- H. Identification parades
- I. Fingerprints, blood, body samples, and photographs
- J. Laying charges
- K. Bail, detention and release
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A. Powers to stop, search and detain
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Powers of Independent Commission Against Corruption (ICAC)
- 1. Under what circumstances can the ICAC officers enter a private premises and search for items inside? Must the ICAC officers obtain a warrant beforehand?
- 2. Under what circumstances can the ICAC officers arrest a person? Must they obtain a warrant of arrest beforehand?
- 3. What will normally happen after a person is arrested by the ICAC officers? What are his rights during detention and questioning by the ICAC officers?
- 4. I suspect that someone has committed an offence involving corruption or bribery. How can I report this to the ICAC?
- 5. If I was ill-treated by ICAC officers, how can I lodge a complaint against the ICAC?
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Court procedure - criminal cases
- A. Introduction to the criminal courts in Hong Kong
- B. Types of criminal offences
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C. I will attend a court hearing soon. What is the procedure during a criminal hearing?
- 1. If I am convicted and I want to lodge an appeal, what should I do? Can I appeal against the conviction or sentence or both?
- 2. How to prepare for an appeal?
- 3. If I am acquitted, can the prosecution appeal against the acquittal decision?
- 4. If I am convicted, can the prosecution appeal against sentence?
- a. If the court date specified on my bail sheet falls during a time when I am not in Hong Kong, can I request a change of date? If so, what is the process for making such a request?
- a. What are the effects on the level of sentence if the accused pleaded guilty?
- D. Prosecution
- E. Court bail
- F. Remand
- G. Jury
- H. Role and duties of the prosecution
- I. Sentencing
- J. Costs in criminal cases
- Imprisonment and prisons
- Case illustration
Sexual Offences
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Sexual Offences
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Non-consensual sexual offences
- A. Indecent assault
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B. Rape
- 1. Elements of the offence
- 2. Sentence
-
3. Q&A
- 1. Is it true that sexual intercourse with a female under the age of 16 would be rape even if she consents to sexual intercourse?
- 2. Is it rape if I have sexual intercourse with a woman who is asleep?
- 3. What if either party was intoxicated at the time of the intercourse?
- 4. Can a husband rape his wife?
- C. Buggery
- D. Procuring an unlawful sexual act by threats or intimidation
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E. Voyeurism
-
Q&A
- 1. Could a person be held liable for voyeurism if they were to install a hidden camera in a public restroom to record individuals without their knowledge?
- 2. Could a person be held liable for voyeurism if they were to install a hidden camera in the guest bedrooms of their own home to record intimate moments of their guests without their knowledge?
- 3. Could a person be held liable for voyeurism for taking a photo of an individual’s buttocks in a public place?
-
Q&A
- F. Upskirt photography
- G. Publication of images originating from commission of offence under section 159AAB(1) or 159AAC(1)
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H. Publication or threatened publication of intimate images without consent
-
Q&A
- 1. Could a person be liable for distributing an intimate video of their former partner after the relationship had ended?
- 2. Could a person be liable for threatening to disseminate “deepfake" intimate images of another person on the internet?
- 3. Could a person be liable for simply possessing intimate images that had been published without the subject individual’s consent?
- 4. What can I do if someone has published or is threatening to publish intimate images of me?
-
Q&A
-
Sexual offences to protect vulnerable persons
- A. Sexual offences involving young persons or children
-
B. Abduction of unmarried girl under 18 for sexual intercourse
- 1. What amounts to taking “a girl out of the possession of her parents or guardian”?
- 2. If the girl is not under the control of her parents or guardian at the time the offence is committed, will I still be liable?
- 3. Will I be excused if I do not have any corrupt motive when taking an unmarried girl under 18 against the will of her parents?
- 4. What if the girl suggests going away with me and I take merely the passive part of yielding to her suggestion?
-
C. Indecency with children under 16
- 1. Will I commit an offence if the child consents to my indecent acts?
- 2. If my intention is not with indecent motive, for example, sexual gratification, will my acts still be considered as indecent?
- 3. I did not commit any act towards the child. I only passively allowed a child to keep doing the indecent act in question. Am I liable?
- D. Procuring a girl under 21
- E. Causing or encouraging prostitution of girl or boy under 16
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F. Child pornography
- 1. Elements of the offence
- 2. Defences
-
3. Q&A
- 1. My friend gave me a computer disc without telling me what it contained. When I opened the files on the disc on my computer I realised they contained naked children. Have I committed an offence?
- 2. Are the police allowed to search my premises for child pornography?
- 3. Can I have photographs or articles classified to determine whether or not they are liable to an offence relating to child pornography?
- 4. Is it an offence to watch a live pornographic performance by a child?
- 5. Is it an offence for parents to post nude childhood photos of their children without their consent?
-
Sexual offences to protect public morality
- A. Indecency
- B. Acts Outraging Public Decency
-
C. Offences Relating to Prostitution
- 1. Living on Earnings of Prostitution
-
2. Keeping a Vice Establishment
- 1. The premises I operate offers accommodation for legitimate purposes. If there are prostitution activities going on in the premises, am I liable?
- 2. How many times do the prostitution activities have to take place at the premises before it is considered as a “vice establishment”?
- 3. Is there a difference if the premises involved the use of children under 13 years of age for the purpose of prostitution or unlawful sexual acts?
- 3. Detention of Person in Vice Establishment
- 4. Soliciting for an immoral purpose
- D. Bestiality
- E. Incest
- Assistance
-
Non-consensual sexual offences
Traffic Offences
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Traffic Offences
- Driving
- Careless Driving
- Dangerous Driving
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Driving under the Influence of Drink or Drugs
- 1. Elements of the offence
-
2. Obligation to submit to screening breath tests and provide specimens for analysis
-
a. Obligation to submit to a screening breath test
- 1. Mr. D, while driving, was stopped by the police for a random breath test. Mr. D, who had just attended a rave party, was perfectly aware that the alcohol level in his body definitely exceeded the statutory prescribed limit. In the hope of getting away with the charge of drink driving under section 39 or 39A of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong), he made up an excuse: “The breath test tools may be infectious” and refused to take the screening breath test. Would his plan work?
- 2. Ms. D had a few drinks at a bar and then drove home. She was stopped on the way by the police for a random breath test. Ms. D knew that she couldn’t refuse to do the test. But she deliberately blew around the mouth piece instead of into it. Would her plan work?
- b. Obligation to undergo drug test
- c. Obligation to provide specimens for analysis
-
a. Obligation to submit to a screening breath test
- 3. Sentence
-
Some other offences
- 1. Related to driving licences
- 2. Related to registration marks and vehicle licences
-
3. Related to traffic lights and signs
- Q1. What should drivers and pedestrians do when the light signal is not working?
- Q2. I am a visually impaired person. I crossed the road without noting that the pedestrian light was on red. I am charged with jaywalking. Is it a defence that I am a visually impaired person?
- Q3. In a congested road, if a vehicle has mostly passed a yellow box marking (e.g., 2/3 of its length has passed), is the driver in breach of any traffic laws?
- Q4. When a traffic light signal turns amber, a driver stops the car immediately. At the time when it turns red, the car stops completely with its head having crossed the stop line. Is the driver in breach of any traffic law?
- 4. Related to speed limits
- 5. Related to alteration of vehicles
- 6. Related to safety equipment
-
7. Related to the use of mobile phones
- Q1. Ms. M understands that it is illegal to hold and talk on a mobile phone while driving. But she is unsure about using the speaker-phone function? And what about using a hand-free device? Does the law prohibit the use of such function or device?
- Q2. Nowadays many taxi drivers have multiple mobile phones in front of their driver seats to receive calls for business. This possibly will affect their attention on road situations. Are taxi drivers in breach of any traffic law in such circumstances (even if they make and receive phone calls with hand-free function)?
- Q3. Can drivers watch videos during driving?
- 8. Related to private roads
- 9. Related to expressways
-
10. Related to parking
- Q1. Do people obstructing a parking space by placing an object (e.g., a chair) there violate the laws? If I drive a car and pass by, do I have right to the remove the object and park my car into the parking space?
- Q2. Mr. P, had a heated quarrel with his wife while driving along Queen’s Road Central. He became so agitated that he stopped the vehicle in the middle of the road and just left the scene (and also his poor wife alone in the vehicle). What he had in his mind was: I don’t care; I don’t mind being given a parking ticket; after all, it costs only a few hundred dollars.
- Q3. Is it parking if I stop my car at the roadside but the engine is still on?
- Q4. Can traffic tickets be issued from midnight to dawn to vehicles parked in any area which are not designated parking spaces without obstructing other traffic or pedestrians?
- Q5. Can parking spaces with malfunctioning meters be used?
- Q6. Motor vehicles left unattended in streets or carparks for extended period are found at times. What action can be taken if it happens in the public area? What action can be taken if it happens in privately run carparks?
- 11. Related to insurance
-
12. Related to pedestrians
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a. Jaywalking
- Q1. Mr. J crossed a road irrespective of the red light signal. He argued that despite the red light signal, he had carefully checked that there was no vehicle approaching. He therefore believed that it was safe to cross the road and proceeded to do so. Did Mr. J’s argument amount to a “reasonable excuse”, so that he was not liable under Regulation 33(6) of the Road Traffic (Traffic Control) Regulations (Cap.374G of the Laws of Hong Kong)?
- Q2. Does a pedestrian commit the offence of jaywalking if the pedestrian light is not working and he/she crosses the road?
-
b. The negligent pedestrian
- Q1. Ms. N crossed a road while talking on her mobile phone. She did not look properly up and down the road and did not notice an approaching vehicle. The vehicle failed to stop in time and knocked down Ms. N. Would Ms. N be liable under section 48 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong)?
- Q2. My car camera recorded someone hitting my car deliberately and pretending to be knocked down by my car. Will that person be charged? Will I be charged with careless driving?
-
a. Jaywalking
- 13. Related to cycling
-
14. Related to other vehicles and electric mobility devices
- Q1. Are electric mobility devices treated as “motor vehicles”? Is riding on electric mobility devices (e.g. electric scooters, electric unicycles, electric hoverboards, electric skateboards, electric bicycles, etc.) illegal in Hong Kong? What charges could be laid against the riders?
- Q2. Do I bear the responsibilities of a driver if I ride an electric unicycle on the road and hit someone?
- Q3. Are electric golf carts regulated by traffic law?
- Q4. Are electric wheelchairs regulated by traffic law?
- 15. Related to Animals
- 16. Related to environmental protection
- The Driving-offence Points System and the Fixed Penalty System
-
What to do when accidents happen
- 1. Duty to stop
- 2. Duty to give particulars
- 3. Duty to report
- 4. Preserving evidence
- 5. Notifying an insurer
-
6. Using video clips as evidence in court
- Q1. Can video clips from driving recorders (of any driver involved in a case, or any third-party driver) be used as evidence in court?
- Q2. What makes a video clip admissible evidence? (Correct time? Vehicle registration number clearly captured?)
- Q3. What makes a video clip be regarded as being "interfered" and that may cause it inadmissible in court?
- Q4. What can I do if my driving recorder has recorded the happening of a traffic offence on the road?
-
7. Private settlement
- Q1. Does such kind of settlement contract preclude the right of the parties to report the accident to the Police?
- Q2. If I have paid a sum of money to the other party in the agreement, and subsequently I reported the case to the police, and it turns out that it is the other party who has committed the offence of "careless driving". Can I ask for the money back?
- Hong Kong - Mainland China cross regional transport
-
Public Transport
- 1. Concepts of Regulations and By-laws
-
2. Public Bus
- Q1. What are the general rules of conduct of bus drivers? What are the legal consequences if bus drivers do not observe the general rules of conduct?
- Q2. What are the rules of general conduct of passengers? What are the legal consequences if passengers do not observe the rules of general conduct?
- Q3. Can bus drivers refuse passengers boarding buses?
- Q4. Can bus drivers evict passengers?
- Q5. Can bus drivers examine passengers’ property?
- Q6. Should passengers comply with directions made by bus drivers?
- Q7. If a passenger refuses to pay enough fares or any at all, what can a bus driver do?
- Q8. If a passenger plays loud music in a bus, can the driver and other passengers stop him?
- Q9. Can a passenger stand on the upper deck or the staircase of a bus while the bus is moving?
- Q10. What types of goods cannot be carried onto buses?
- Q11. How should lost property left on buses be dealt with?
-
3. Public Light Bus
- Q1. What are the general rules of conduct for public light bus drivers? What are the legal consequences if light bus drivers do not observe the general rules of conduct?
- Q2. What are the general rules of conduct for passengers? What are the legal consequences if passengers do not observe the general conduct?
- Q3. Can public light drivers refuse passengers boarding?
- Q4. Can public light bus drivers evict passengers?
- Q5. Do passengers have legal responsibilities for getting on an overloaded public light bus?
- Q6. Can passengers of green public light buses ask drivers to stop at spots different from the light bus stops?
- Q7. Do passengers in public light buses have a legal obligation to buckle up when seat belts are available?
- Q8. Is the driver responsible for passengers not wearing seat belts installed on the vehicle? If passengers refuse to cooperate, can the driver refuse to drive the vehicle?
- Q9. Is it permissible for a mother to ride on a public light bus while holding her 8-month-old baby in her arms?
- Q10. A mother carried a 3-year-old child. The child sat on her mother’s thigh. They only occupied one seat. Only fare of the mother was paid. Is it legal?
- Q11. What types of goods cannot be carried onto public light buses?
- Q12. How should lost property left on public light buses be dealt with?
- Q13. What is the maximum speed limit for public light buses when travelling on roads?
-
4. MTR
- Q1. Are MTR train drivers subject to general traffic laws such as the Road Traffic Ordinance?
- Q2. What are the general rules of conduct for passengers? What are the legal consequences if passengers do not observe the general conduct?
- Q3. Why a man taking sneak shots of a woman's legs can be charged under the MTR By-laws, the Public Order Ordinance or the Crimes Ordinance?
- Q4. What kind of business activities are prohibited on MTR premises and trains?
- Q5. Are private transactions (buying and selling of second-hand goods) taking place in MTR stations allowed?
- Q6. Is taking pictures with mobile phones (without affecting other passengers) inside the train compartment allowed?
- Q7. What is the source of authority for the MTR Corporation Limited to impose surcharges on passengers? What are the differences between surcharges and the penalties specified in the MTR By-laws?
- Q8. Under what conditions would a passenger be levied a surcharge?
- Q9. What types of goods cannot be carried onto MTR trains?
- Q10. How should lost property left on MTR premises or trains be dealt with?
-
5. Taxi
-
A. Picking Up and Setting Down Passengers
- Q1. Can taxi drivers refuse hiring or select passengers?
- Q11. Is the practice of taxi-sharing by unknown passengers at a fixed fare (known as “rabbitfish taxi”) legal?
- Q2. Can a taxi driver refuse to take a passenger who is known to be an infectious disease carrier or be subject to compulsory quarantine?
- Q3. Can taxi drivers evict passengers?
- Q4. If a passenger wants to cross the harbour, can a taxi driver refuse hiring?
- Q5. If a passenger requests to stop at a restricted area, should the taxi driver comply with the request? If the taxi driver refuses, will he be charged?
- Q6. If a passenger requests to stop at an area that is fully parked, will the taxi driver stopping at a restricted area nearby be charged?
- Q7. Is a child below the age of 3 a passenger if he does not occupy a seat by himself?
- Q8. Can three adults and two children get on a 4-seater taxi? In those cases, would they be covered by insurance?
- Q9. In case of serious traffic congestion, if a passenger insists to take off in the middle of the road, will the taxi driver be charged?
- Q10. If passengers deliberately select and ride in the 2nd taxi at the taxi stand, would the driver of the 2nd taxi be charged?
-
B. Taxi Fares and Taximeter
- Q1. How is the fare calculated?
- Q2. Is it illegal not to use the taximeter to calculate the fare?
- Q3. Is it legal for taxi drivers to charge additional fares when a typhoon No. 8 signal or black rainstorm warning signal is issued?
- Q4. Is it legal for taxi drivers to give discounts on fares?
- Q5. Some taxi drivers may deliberately select an unreasonably longer route for higher fares. Is it regulated by the law? How can the passenger prove it?
- Q6. Can taxi drivers refuse to receive small changes?
- Q7. What could the driver do if a passenger does not have money to pay for the fare? Can the driver keep the HKID/passport/staff card/other personal belongings of the passenger until the fare is received, if the passenger is willing to do so?
- Q8. Are there any laws regulating the installation of taximeter and receipt printer in a taxi?
- Q9. If a taximeter has been found altered or defaced, will the taxi owner, or the taxi driver who has operated the taximeter be charged?
- Q10. Can a private car owner install a taximeter or a similar instrument in their car just for decoration?
- Q11. A passenger reserved a taxi via telephone or app booking at 10.00 AM. When he arrived at the meeting place at 10.05 AM, he found that the taxi driver had moved the meter to the recording position before he got in the taxi. Could the passenger refuse to pay or request the taxi driver to start counting fares again?
- Q12. A regular passenger travels the same route by taxi very often. If he finds that the fare recorded by the taximeter on a particular trip is 1.5x higher than the fare he has paid regularly, can he refuse to pay for the fare exceeding the regular amount?
- C. Carriage of Goods
- D. Carriage of Animals and Birds
-
E. Obligations and General Conduct of Taxi Driver
- Q1. Can taxi drivers smoke in the cabin without passengers? How about drinking and eating?
- Q2. Can taxi drivers wear slippers when driving? Can taxi drivers be barefoot?
- Q3. Can taxi drivers solicit business by distributing business cards or advertising materials to passengers? Can they do so using smartphone apps or social media?
- Q4. Is it legal for taxi drivers to receive Lai See from passengers during the Lunar New Year?
- Q5. Can taxi licence owners let their taxis to taxi drivers with criminal records?
- Q6. What are the general rules of conduct for taxi drivers? What are the legal consequences if taxi drivers do not observe the general rules of conduct?
-
F. Taxi apps
- Q1. Is the charging model of Uber Taxi legal? Does it make any difference if the taxi licence owners have authorized the drivers to join the Uber Taxi (as hiring)?
- Q2. Can the Uber Taxi driver charge the fare recorded on the taximeter while the passenger is expected to pay the price quoted by Uber Taxi app?
- Q3. Taxi apps and telephone booking services match customers with taxi drivers. Will taxi drivers be charged with being wilfully refusing or neglecting to accept hire from a hirer if they refuse to take an order referred to or broadcasted to them?
- G. Cabin Recording
- H. Others
-
A. Picking Up and Setting Down Passengers
- 6. Complaint Mechanism of Public Transport
-
7. Unlicensed Services (Uber)
- Q1. Is Uber legal?
- Q2. Are Uber drivers and passengers insured?
- Q3. Do Uber passengers who merely take a ride commit any offences?
- Q4. If Uber or Uber Taxi is illegal, does the media broadcasting its advertisement to recruit drivers commit any offence?
- Q5. Can the public report offences of illegal carriage of passengers?
- Q6. Some car-sharing apps can match people who wish to rent a car for a day and people who have a spare car to rent out at a cost. Can a private car owner rent his car to someone else? What is the potential risk to the car owner and the car renter? Does it make a difference if he just lends his car to a friend without charging him a fee?
- Q7. Some ride-sharing apps can match passengers and drivers who wish to travel on the same route at the same time. Can a private car owner ride someone else who will reimburse him a small sum for the fuel cost and toll fee? What is the potential risk to the car owner (usually the driver) and the passengers?
- Road Users' Code
Immigration
-
Immigration
-
Chinese nationality
- 1. Is there any difference between "nationality" and "citizenship" in law?
- 2. Are all ethnic minorities of China entitled to Chinese nationality?
- 3. What are the legal rights of Chinese citizens/nationals in Hong Kong?
- 4. Can Hong Kong residents hold dual nationality?
- 5. Can Chinese nationality be lost or renounced?
- 6. Can foreigners apply to become Chinese citizens in Hong Kong?
- 7. What is the legal concept of "domicile"? How do I know if my domicile is Hong Kong?
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Hong Kong permanent residence
- 1. Do I have to be present in Hong Kong for 7 years continuously before I can acquire the status of permanent resident?
- 2. What legal rights do Hong Kong permanent residents enjoy?
- 3. Can Hong Kong permanent resident status be lost?
- 4. Can former residents return to Hong Kong and renew their status as Hong Kong permanent residents?
- 5. Are all children who are born in Hong Kong automatically entitled to right of abode?
- 6. Are non-Chinese persons or ethnic minorities entitled to the same rights as Chinese persons in Hong Kong?
-
Immigration to Hong Kong for non-residents (family members)
- 1. Who is entitled to sponsor family members to come to live in Hong Kong? If I am a lawful resident of Hong Kong, can my family members in the Mainland (or elsewhere) apply to immigrate to Hong Kong?
- 2. What other categories of immigration are there?
- 3. If a family member's application to immigrate to Hong Kong is rejected, is there any channel through which I can appeal?
-
Foreign domestic helpers
- 1. How much do I have to pay my foreign domestic helper? Is there a standard employment contract that I can enter into with my domestic helper?
- 2. Does my domestic helper have to live in my home?
- 3. Is it legal to employ a part-time foreign domestic helper?
- 4. Can foreign domestic helpers become permanent residents of Hong Kong?
- Visitors/tourists and employment visas
- Passports and Identity Cards
- Immigration offences
- Related websites
-
Chinese nationality
Competition Law
-
Competition Law
- About the Competition Ordinance
- The First Conduct Rule
- The Second Conduct Rule
- The Merger Rule
-
Complaints and investigations
- A. What should I do if I suspect a company is contravening, or is likely to contravene a competition rule?
- B. How to make a complaint?
- C. Would my complaints be kept confidential?
- D. In what cases would the Commission consider not to investigate a complaint?
- E. If I cease to cooperate with the Commission after making a complaint, would my complaint still be investigated?
- F. After a preliminary review of a complaint, what are the possible actions that the Commission would take?
- G. How would the Commission proceed if it considers that the complaint should be investigated?
- H. What are the possible outcomes after the investigation?
Business & Commerce
-
Business & Commerce
-
Setting up and running a small or medium-sized business in Hong Kong
-
A. Types of business organisation – sole proprietorships, partnerships and limited companies
- 1. What are the characteristics of sole proprietorships, partnerships and limited companies? What are the advantages and disadvantages of each type of business?
- 2. How can I set up a sole proprietorship, partnership or limited company? Do I have to obtain a business registration certificate from the Inland Revenue Department and register with the Companies Registry before commencement of business?
- 3. I am running a business online. Do I have to obtain a business registration certificate?
- 4. Instead of setting up a new business, can I acquire an on-going business? What do I have to bear in mind if I intend to do that?
-
B. Location of business premises, licences, documents of guarantee and human resources matters
- 1. Do I have to obtain a licence(s) from the Government for my business?
- 2. Are there any legal stipulations about human resources management that apply to running a business in Hong Kong?
- 3. What are "personal guarantees" and "bank guarantees"? When will I be required to provide these documents to other parties in business transactions?
-
C. Making a business contract
- 1. What are the basic requirements for making a valid contract?
- 2. Other than the essential elements as mentioned on question 1, what are the other important matters that the parties should note when making a contract?
- 3. If one party breaches a contract term, what can the other party do? What are the possible liabilities of the defaulting party?
- 4. To avoid certain liabilities, some business people insert exemption or exclusion clauses into their contracts. Are these contract terms valid under the law?
- 5. What if I am misrepresented (misled) by others in entering into a contract. Will the law help me to discharge the contract or claim compensation?
- 6. What if I need to use a middleman (such as an agent) to act on my behalf to negotiate for business or enter into contracts with others. What should I be aware of in such kinds of business dealings?
- D. International trade and Internet transactions
- E. Taxation, accounting and Government funding
- F. Business disputes and legal action
-
G. The Companies Ordinance (Cap.622)
- 1. Part 1 Preliminary
- 2. Part 2 Registrar of Companies and Companies Register
- 3. Part 3 Company Formation and related matters
- 4. Part 4 Share Capital
- 5. Part 5 Transactions in relation to Share Capital
- 6. Part 9 Accounts and Audit
- 7. Part 10 Directors and Company Secretaries
- 8. Part 12 Company Administration and Procedures
- 9. Dissolution of company by way of de-registration
- 10. Part 19 Investigations and Enquiries
-
A. Types of business organisation – sole proprietorships, partnerships and limited companies
- Case illustration
- Related Websites
-
Setting up and running a small or medium-sized business in Hong Kong
Employment Disputes
-
Employment Disputes
-
Matters related to the Employment Ordinance
-
A. A brief explanation of a contract of employment
- 1. What is the duration of a contract of employment?
-
2. What is a "continuous" contract of employment?
- 1. Under what circumstances is there a break in the continuous employment?
- 2. What are the legal implications if there is a break in the continuous employment?
- 3. Can employers elect to enter into a series of shorter employment contracts with breaks between them to avoid giving statutory benefits and entitlements to employees?
- 3. How can a "contract of employment" and a "contract for service by independent contractor (or self-employed person)" be distinguished?
- 4. I accepted a new job offer from a company with the understanding that I would begin work on a certain date. I gave one month notice to my current employer to terminate my employment contract. One week before I was to begin my new job, I received an email from the new company stating that they were holding off on any new recruitment as they were bringing new investors in. Since I had already given notice to my current employer (and new person hired and trained), I was left without employment. Is there any recourse to take against the company that offered me the new job?
- 5. Information and record keeping
-
B. Remuneration
- 1. My secretary has damaged the computer in my office and I intend to deduct $3,000 from her salary this month for compensation. Can I make this deduction? When will I be entitled to deduct salaries from my employees?
- 2. My previous month’s salary is overdue by 10 days. Has my boss violated the law?
- 3. My previous month’s salary is one month overdue and my boss told me that he is unable to pay it. Has he breached the employment contract? Can I terminate my employment contract immediately and claim compensations?
- 4. My place of work has suddenly shut down and I haven’t received my salary since last month. I think that the company is in huge financial difficulty and it is likely to become insolvent. Do I have the chance to get back my salary (or part of my salary)?
- 5. If my employer is likely to become insolvent, then where can I seek assistance?
- 6. If I am late for work, can my employer deduct my salary?
- 7. Can an employer unilaterally reduce the employee's salary, arrange no-pay leave, or vary the contract terms?
- 8. Are princIpal contractors in building and construction works liable to pay wages of subcontractors' employees?
- 9. Do wages include discretionary commission or bonus?
- 10. Are employers required to pay year-end double pay or bonuses to employees?
- 11. How do I calculate my end of year payments? When will I receive the money?
-
C. Termination of employment and the relevant payments
- 1. Constructive termination
- 1. Summary dismissal
- 1. Termination of fixed-term contract
- 1. Time of Making Termination Payments
- 2. Offences and Penalties
- 2. Termination by notice
- 3. Payment in lieu of notice
- 6. Suspension from employment
- 9. Wrongful termination
- 1. Post-termination restrictive covenants
- 1. Unreasonable termination
- 2. Unreasonable variation of employment
- 3. Unreasonable and unlawful termination
- 4. Compensation for unreasonable dismissal
- 2. I am an office clerk and my boss always orders me to move heavy goods inside the warehouse. I think that this is not commensurate with my job duties because my boss did not specify it duty during the job interview. can I resign without giving him prior notice or wages in lieu of notice?
- 2. I suspect that my sales executive has repeatedly sent client details to a rival company and I want to dismiss him. Can I terminate his employment contract immediately without giving him advance notice or wages in lieu of notice?
- 3. My employee was absent from work for a few days without reason. Can I dismiss him?
- 4. I am going to dismiss a staff member with one of the “valid reasons for dismissal”. Am I required to give him advance notice or wages in lieu of notice?
- 5. If I (as an employee) am facing unreasonable dismissal or unreasonable variation of the terms of my employment contract, then what can I do to protect my rights?
- 6. If I am unreasonably and unlawfully dismissed by my boss, then what can I do to protect my rights?
- 5. Do employers need to give reasons for termination?
- 5. Do employees need to serve notices of termination or make payments in lieu of notice if I back out of accepted job offers prior to their commencement dates?
- 3. Are employers under a legal obligation to provide an employee with a reference letter at the end of the employment relationship? Are they under a duty to exercise skill and care in preparing it?
- 2. What can employers do if a former employee misuses confidential information to set up a rival business?
- 4. Can statutory annual leave or maternity leave be included in the notice required to terminate a contract of employment?
- 7. As an employer, do I have to pay employee's wages during the suspension?
- 1. When is an employer required to pay a severance payment to an employee?
- 2. When is an employer required to pay a long service payment to an employee?
- 3. I am going to terminate the employment contract of one of my staff members. Can I use my previous contribution to his mandatory provident fund (MPF) to offset part of the severance payment/long service payment payable to him?
- 4. My employee has tendered his resignation and his last day of employment is the 30 September. He has 10 days of untaken annual leave. If he takes all the annual leave continuously from the 21 to the 30 September as final leave, when should I make the termination payments?
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D. Holiday/annual leave/sick leave/maternity leave and their relevant payments
- 1. Should employees receive salaries for their rest days?
- 2. My boss ordered me to work this Sunday (which is my usual rest day). Can I reject his order?
- 3. Do I enjoy a rest day if I am being "On call"?
- 4. I work from Monday to Friday every week. Saturday and Sunday are rest days. If a statutory holiday falls on Saturday, should the employer grant me a holiday in substitution?
- 5. Can employees volunteer to work on a rest day?
- 6. Should employees be paid for their statutory holidays?
- 7. Can I order my staff to work on statutory holidays by making substitute payments?
- 8. What is the difference between statutory annual leave and contractual annual leave?
- 9. What are leave year, common leave year and pro rata annual leave?
- 10. When can annual leave be taken?
- 11. What is the manner in which annual leave may be taken?
- 12. What happens to the accrued but unused annual leave in a leave year?
- 13. Can the employee opt for payment in lieu of statutory annual leave?
- 14. What happens when statutory rest days and holidays fall within the annual leave?
- 15. Can employers require their employees to take annual leave in the leave year in which it is accrued? If employees do not take all annual leave in the leave year in which it is accrued, can employers forfeit untaken annual leave?
- 16. How is sickness allowance calculated? When will I be entitled to sickness allowance?
- 17. My boss fired me during my sick leave for which I had a valid medical certificate. Has he violated the law?
- 18. My expected date of confinement is coming soon and I have served a notice of pregnancy to my boss. When can I commence my maternity leave?
- 19. Should I receive salary during my maternity leave?
- 20. One week after serving the notice of pregnancy, my employer fired me. Has he violated the law?
- 21. Since I notified my boss of my pregnancy, he sometimes assigns heavy work to me. I think that he wants me to resign so he can avoid paying compensation or avoid giving maternity leave. Can he do that?
- 22. Are employers entitled to apply to the government for reimbursement of maternity leave pay?
- 23. What should the male employee do to take paternity leave?
- 24. Should I receive salary during my paternity leave?
- 25. When can employees take paternity leave and do they have to take them all in one go?
- 26. Can employers require a male employee to provide a statement about detail of the child’s birth (such as the name of the mother)?
- 27. When do employers have to pay paternity leave pay?
- 28. What legal consequences will my employer face if he fails to grant statutory paternity leave or fails to pay statutory paternity leave pay?
- 29. Can an employer require employees to take unpaid leave?
- 30. Can an employee demand to take unpaid leave?
- Statutory sickness allowance and contractual sickness allowance
- The two categories of paid sick leave
-
E. Mandatory Provident Fund (MPF)
- 1. My employer has not made any MPF contribution or contribution to other retirement scheme for me since the beginning of my employment. Has he violated the law?
- 2. Can employers reduce their employees’ benefits or change the terms of employment contracts to evade liabilities under the Mandatory Provident Fund Schemes?
- 3. Can employers re-engage their employees under new contracts as self-employed persons in face of the implementation of the Mandatory Provident Fund Schemes to reduce the employees' benefits that are payable under the Employment Ordinance and other labour legislation?
- F. Employment (Amendment) Ordinance 2010
- G. Secondment
- H. Employment of Foreign Domestic Helpers
- I. Right to strike
- J. Other industrial actions
-
A. A brief explanation of a contract of employment
-
Matters related to the Employees' Compensation Ordinance
-
A. Work-related injuries and the relevant compensations
-
1. Liabilities on compensations
- 1. What is meant by "an accident arising out of and in the course of employment"?
- 2. Under what circumstances is the employer NOT liable to pay compensation for work injuries?
- 3. Are there any circumstances in which employers are also liable to pay compensation for injuries that are suffered outside of the workplace (or outside of Hong Kong)?
- 4. What is a "compensable occupational disease"?
-
2. Compensation Items
- 5. My husband died of an accident that happened during his work. What compensation is payable to me or my family members?
- 6. I was injured and disabled due to an accident that happened during my work. What compensation is payable to me or my family members?
- 7. Besides the above-mentioned compensations, am I entitled to other payments (e.g. medical expenses) for my work injury?
- 3. Report on work injuries or related accidents
-
4. Other matters on work injuries
- 10. What are the arrangements for paying compensation?
- 11. If I cannot settle the work injury compensation matters with my employer amicably, then what is the time limit for bringing my case to the Court?
- 12. Are employers obliged to take out compensation insurance policies for all employees?
- 13. If I am not satisfied with the amount of compensation granted according to the ECO, or I think that my employer has wrongfully neglected the safety measures, then can I claim more?
- 14. As an employee, am I entitled to compensation for work-related stress?
-
1. Liabilities on compensations
-
A. Work-related injuries and the relevant compensations
-
Other major employment and labour legislation
- A. Occupational Safety and Health Ordinance
- B. Factories and Industrial Undertakings Ordinance
- C. Statutory Minimum Wage
- D. Other related legislation
- Other matters in relation to a contract of employment
-
The Labour Tribunal and the Labour Department
-
A. Introduction to the Labour Tribunal
- 1. What work does the Labour Tribunal carry out?
- 2. What types of claim does the Tribunal hear?
-
3. Before hearings
- 3. What should I do if I decide to file a claim?
- 4. How much does it cost to file a claim?
- 5. What will happen after I have filed a claim?
- 6. What will happen if the Tribunal cannot serve my claim on the Defendant?
- 7. What will happen if the Defendant agrees to pay the claim in full?
- 8. What will happen if the Defendant admits the claim, but cannot pay immediately?
- 9. What will happen if the Defendant disputes the claim in part or in whole?
- 10. What will happen if the Defendant ignores the claim?
- 4. During hearings
- 5. Preparation for the hearing or trial
-
6. After hearings
- 16. Can a judgment (Court/Tribunal's decision) be reviewed?
- 17. Can the Claimant or the Defendant appeal to a higher court?
- 18. Can a decision of the Court of First Instance of High Court be appealed?
- 19. How do I appeal against a decision of the Tribunal or the Court of First Instance?
- 20. How do I get back the money that I am awarded?
- 21. As a judgment creditor (for which I am entitled to compensations according to the Court/Tribunal’s judgment), can I enforce the judgment if the judgment debtor has lodged an application for leave to appeal?
- 22. What will happen to the Defendant who fails to pay the sum payable under the award of the Labour Tribunal?
- B. Introduction to the Labour Department of the HKSAR Government
-
A. Introduction to the Labour Tribunal
-
Matters related to the Employment Ordinance
Intellectual Property
-
Intellectual Property
-
Copyright
-
General matters
- 1. How do I obtain copyright?
- 2. How long does copyright last?
- 3. What is a copyright notice? If I am the copyright owner, is it necessary to have a copyright notice on my work?
- 4. How do I find out who owns the copyright in a particular work?
- 5. How do I obtain permission to use a copyright work?
- 6. Are there any works that I can use freely without having to obtain permission in respect of copyright?
- 7. Further to question 6, are government publications in the public domain?
- 8. Is my copyright valid in other countries?
- 9. Is the copyright of a foreigner valid in Hong Kong?
- 10. Can a copyright owner assign the copyright of his work to another person?
- 11. How is an assignment of copyright different from a licence of copyright?
- 12. What are moral rights?
- 13. Do performers enjoy copyright protection for their performances?
-
Ownership of copyright
- 14. Who owns the copyright in a work? Would different categories of work result in different ownership of copyright?
- 15. A free-lance programmer has written a program to keep track of my company's inventory. I have paid him in full but we have never discussed the ownership of the program. Am I the copyright owner of the program? If not, do I have any rights in the program?
- 16. I have written a book with two other co-authors. The book consists of 12 chapters and each of us is the sole author of 4 chapters. How is the copyright in this book shared between us?
- 17. I have written a book with two other co-authors. None of us is the sole author of any part, as we all contributed to the writing and revising of each chapter. How is the copyright in the book shared between us?
- 18. What happens to the copyright in a work when the company that owned it no longer exists or has been taken over?
- 19. Is owning the NFT of copyrighted content equivalent to owning the copyright itself?
- 20. Can I use work I created in the course of my previous employment in my new business?
- 21. Can someone retain copyright of their work even if they no longer physically possess the originals of their work?
-
Copyright and information technology
- 22. Does the same copyright law apply to electronic materials as printed materials?
- 23. What is meant by a "multimedia work"? Is there anything special about the copyright in such a work?
- 24. Are website postings and email messages protected by copyright? What about domain names on the Internet?
- 25. I have downloaded images from a website situated in the United States. Which country's law would be used to determine whether or not I have infringed a copyright – US law or Hong Kong law?
- 26. Is it legal to link to a webpage (insert a hyperlink on one webpage that links to another webpage) without obtaining its owner’s consent?
-
General matters
-
Infringement of copyright and permitted acts (exceptions to copyright infringement)
-
A. Will a person infringe the copyright in a work under these scenarios?
- 1. Some of the contents of a book I have borrowed are out of copyright (the copyright period has expired). If I photocopy only the pages containing those contents, will I still infringe the copyright in the book?
- 2. I am a shop owner and have bought a lawful copy of a musical CD. Will I infringe the copyright if I play the CD in my shop?
- 3. I have bought a lawful copy of a movie on a DVD. Will I infringe the copyright if I show the movie in a fund-raising event for charitable purposes?
- 4. I have bought a lawful copy of a CD containing a computer game. Will I be liable for copyright infringement if I lend the CD to my friend for him to play the game on his computer?
- 5. A student has made photocopies of a book and distributed them to all of his classmates. Has he infringed copyright? What about his classmates?
- 6. I have bought a pirate VCD on the street, am I liable for copyright infringement?
- 7. Do I infringe copyright just by reading articles or listening to music found on the Internet?
- 8. Are parallel imports (or grey-market goods) legal under the Copyright Ordinance?
- 9. In writing a report, I have extracted various passages, tables and pictures from the Internet and included them in the report. Have I infringed any copyrights?
- 10. My company has a practice of keeping photocopies of newspaper articles about the company and its competitors in an archive accessible to its staff. Is my company liable for copyright infringement?
- 11. If I place hit songs on my website for others to download, but purely for sampling purposes, will I infringe the copyrights on those songs? What if I place only a part of each song on the website?
- 12. I have bought a lawful copy of a CD containing a computer program. Do I infringe the copyright by making a backup copy of the CD? What about installing the program on more than one computer (e.g. on my home computer and office computer)?
- 13. I have bought a lawful copy of a CD containing a computer program. Do I infringe copyright by reselling the CD through an auction on the Internet?
- 14. Is it illegal to use the BitTorrent (BT) technology in Hong Kong?
- 15. If my acts (e.g. distributing a copyrighted work without permission) are not done for commercial purposes, will I be immune from criminal prosecution for copyright infringement?
- 16. What will be the consequence if a company is found criminally liable for copyright infringement?
- 17. I have bought a lawful copy of a musical CD. Will I infringe the copyright if I convert it into MP3 format so that I can play it on a MP3 player?
- 18. Can I use a celebrity’s name or image without their consent?
- 19. What offences does the owner of a party room commit when they provide a karaoke machine that contains infringing copies of songs for customers to sing?
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B. Are there any "permitted acts" which may be exempt from the infringement of copyright?
- 1. Is it true that copyright law allows me to photocopy, for example, not more than 10% of a book?
- 2. I am a medical doctor and have my own clinic. Can I play movie DVDs in my clinic to entertain my patients while they are waiting?
- 3. I work night shifts and cannot watch my favourite television programmes when they are shown. Can I record them so that I can watch them when I am off from work?
- 4. I have 20 computers in my company and need to be cost-conscious when purchasing software. Can I install cheaper yet lawful copies of software purchased from other countries? Will it make any difference if there is an exclusive dealer of the software in
- 5. Will I infringe any copyright if I take photographs of buildings in Hong Kong?
- 6. I am a teacher and have found a good article in a magazine. Can I make photocopies of the article and distribute them to my students for class discussion?
- 7. I am a teacher and like to collect reading materials for my students. If I scan those materials and put them on my website for my students to download, will I infringe copyright? What if I put them on the school's Intranet accessible only to my student
- 8. Can a teacher copy examination questions found on the Internet and include them in his own examination paper for his students?
- 9. Can schools show movies without obtaining permission from the copyright owners? What about recording radio or television programmes?
- 10. My school plans to have an internal competition in which students will perform various dramas based on short novels written by local writers. Can my school do so without obtaining permission from the copyright owners?
- 11. Can contractual terms override the statutory exemptions to copyright infringement?
- C. What to do when faced with groundless threats of proceedings?
- D. “Safe Harbour” provisions limiting the liability of online service providers
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A. Will a person infringe the copyright in a work under these scenarios?
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Patents
- 1. What type of things (inventions) can be protected by a patent?
- 2. What are not regarded as patentable inventions?
- 3. What is the difference between discovery and inventions?
- 4. Can I patent my newly developed mobile phone app?
- 5. What should I note before making an application for a patent? What is the registration procedure?
- 6. Who actually owns the patent rights for a product or process? What are the possible penalties for infringers (persons who have infringed the patent right of others)?
- 7. What is the significance of licensing a patent?
- 8. What are considered acts of infringement?
- 9. What are some excepted acts which do not constitute acts of infringement?
- 10. Remedies for groundless threats
- 11. How and on what grounds can I challenge a patent?
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Trade Marks
- 1. To be more specific, what things may constitute a trade mark?
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2. What things should I know before making an application for registering a trade mark? What is the registration procedure?
- 1. What are some examples of trade marks that are “descriptive of the goods or services”?
- 2. What are trade mark classes and why are they so important?
- 3. How can I check if someone else has already registered or applied to register the same or similar trade mark?
- 4. What is the application process for registering a trademark?
- 5. On what grounds may the Trade Mark Registry object or a third party oppose my trademark application?
- 6. What is the procedure for a third party to oppose a trademark application?
- 3. How long does the legal protection of a trade mark last under the Trade Marks Ordinance?
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4. Infringement
- 1. What do the symbols ® and ™ symbols mean?
- 2. What constitutes infringement?
- 3. What defences are available to an alleged infringer?
- 4. What are the remedies for infringement?
- 5. What constitutes a groundless threat and what actions can be taken if one receives such a threat?
- 6. Is it a criminal offence to infringe trade marks?
- 7. Does registration of a company confer any trademark rights? Can I set up a company with names similar to a registered trademark?
- 8. Are parallel imports (or grey-market goods) legal under the Trade Marks Ordinance?
- 9. If I am selling goods of a brand, can I include the brand’s trade mark in my advertising materials?
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Registered Designs
- 1. What should I know if want to register a design with the Intellectual Property Department? What is the period of legal protection for a registered design under the Registered Designs Ordinance?
- 2. After I have completed the prescribed registration procedure, what protection can I enjoy under the Registered Designs Ordinance? What are the possible penalties for an infringement?
- Passing Off (misleading business reputation/goodwill)
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Copyright
Freedom of Assembly, Procession and Demonstration
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Freedom of Assembly, Procession and Demonstration
- Freedom of Assembly, Procession and Demonstration
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Public Order Ordinance (Cap. 245)
- A. Public meetings, processions and gatherings
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B. Regulation of public meetings and public processions
- 1. Notification of public meetings
- 2. Notification of public processions
- 3. Right of Commissioner of Police to prohibit public meetings and object to public processions
- 4. Imposition of conditions by the Commissioner of Police
- 5. Appeal mechanism
- 6. General powers of the Commissioner of Police on controlling the conduct of public gatherings
- 7. Police powers over meetings, processions and gatherings
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C. Questions and Answers
- 1. Does the Public Order Ordinance regulate private meetings and processions?
- 2. Do organisers need to obtain notices of no objection if meetings or processions are to be held in private premises such as private roads?
- 3. What do organisers need to do to organize public meetings and processions?
- 4. Can the police issue a notice of prohibition or a notice of objection merely because the public meeting or procession will likely cause inconvenience to the pubic?
- 5. If the police have already issued a notice of prohibition regarding a public meeting or a notice of objection regarding a public procession, people still participate in the public meeting or procession. Do participants commit any offences?
- 6. Can participants perform entertainment during public meetings and processions?
- 7. If a religious group intends to hold a public procession exclusively for religious purpose, does it need to file a notice of intention to hold a public procession?
- 8. The organiser does not file a notice of intention to hold a public meeting or procession because it estimates that the number of participants will be less than 50 (in the case of the public meeting) or 30 (in the case of the public procession). However, it turns out that the number of participants is more than 50 (in the case of the public meeting) or 30 (in the case of the public procession). Does the organiser commit any offences under the Public Order Ordinance? Should the organiser stop the public meeting or procession? If so, when should the organiser stop the public meeting or procession?
- 9. The services of public transport are suspended during public meetings and processions. Do organisers and participants need to compensate for loss of revenues to public transport companies?
- 10. Are the police allowed under the Public Order Ordinance to use force greater than objectively necessary and reasonable to enforce the Ordinance?
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Related offences
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A. Public Order Offences
- 1. Unauthorized assembly (Section 17A Public Order Ordinance)
- 2. Disorder in public places (Section 17B Public Order Ordinance)
- 3. Unlawful assembly (Section 18 Public Order Ordinance)
- 4. Riot (Section 19 Public Order Ordinance)
- 5. Affray
- 6. Fighting in Public Place (Section 25 Public Order Ordinance)
- 7. Power to prohibit flags (Section 3 Public Order Ordinance)
- 8. Proposing violence at public gatherings (Section 26 Public Order Ordinance)
- 9. Obstruction of public places (Section 4A Summary Offences Ordinance)
- 10. Entering or remaining in precincts of Chamber of the Legislative Council (Section 20 Legislative Council (Powers and Privileges) Ordinance)
- 11. Public nuisance
- 12. Loitering (Section 160 Crimes Ordinance)
- 13. Criminal contempt of court
- 14. Seditious Intention (Sections 24 Safeguarding National Security Ordinance)
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B. Offences Involving Weapons & Prohibited Items
- 1. Prohibition of offensive weapons at public meetings and processions (Section 33 Public Order Ordinance)
- 2. Possession of offensive weapon with intent (Section 17 Summary Offences Ordinance)
- 3. Making or possession of explosives (Section 55 Crimes Ordinance)
- 4. Bomb Hoax (Section 28 Public Order Ordinance)
- 5. Using facial covering to prevent identification (Section 3 Prohibition on Face Covering Regulation)
- 6. Failure to remove facial covering (Section 5 Prohibition on Face Covering Regulation)
- 7. Possession of firearms and ammunition (Section 13 Firearms and Ammunition Ordinance)
- 8. Possession of prohibited weapons (Section 4 Weapons Ordinance)
- 9. What are the differences between the offences of possession of offensive weapons at public meetings and processions (Section 33 Public Order Ordinance) and possession of offensive weapon with intent (Section 17 Summary Offences Ordinance)?
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C. Offences against Public Officers
- 1. Resisting or obstructing a public officer or other person lawfully engaged in a public duty (Section 23 Summary Offences Ordinance)
- 2. Assaulting police officer in execution of duty (Section 63 Police Force Ordinance)
- 3. Assaulting, resisting, obstructing a police officer (Section 36(b) Offences against the Person Ordinance)
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D. Offences against Property
- 1. Criminal damage (Section 60 Crimes Ordinance)
- 2. Arson (Section 60(3) Crimes Ordinance)
- 3. Threats to destroy or damage property (Section 61 Crimes Ordinance)
- 4. Possessing anything with intent to destroy or damage property (Section 62 Crimes Ordinance)
- 5. Forcible entry (Section 23 Public Order Ordinance)
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A. Public Order Offences
Consumer Complaints
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Consumer Complaints
- Consumer Contracts - when is a contract made?
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Consumer Protection
- 1. What are the statutory requirements for the quality and condition of goods for sale? When am I considered to be a “consumer” under the Sale of Goods Ordinance?
- 2. What statutory requirements exist regarding the quality of supply of services? When am I considered to be a "consumer" under the Supply of Services (Implied Terms) Ordinance?
- 3. Some tricky sellers may provide wrong information to mislead their customers. How am I protected against false descriptions made by sellers?
- 4. Goods for sale are not always safe for consumption. How am I protected against faulty or dangerous goods?
- 5. In order to avoid certain liabilities, or to exploit customers, some sellers or service suppliers may insert exemption clauses into their contracts or impose unfair terms. Are these terms valid under the law?
- 6. The goods that I have ordered are delivered to me in poor condition. Can I reject the goods and ask for a refund?
- 7. If I have to provide my personal data (e.g. my address and ID card number) to a seller or service provider, what should I be aware of?
- Channels for Consumer Complaints
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Case Illustration
- 1. He took his clothes to a dry cleaner but the clothes were subsequently damaged by the cleaner. Can he claim against the dry cleaner?
- 2. He has purchased some goods but later he demanded a refund. What will happen if the shopkeeper refuses to give him his money back?
- 3. He took his computer to a shop for repair. When he collects it later he can't believe that the service charge is so high. He would never have agreed to the job if he had known it would be that expensive. Can he refuse to pay the repair charge?
- 4. He put a deposit down for a car but then has second thoughts. Can he withdraw from the deal and ask for a refund of his deposit?
- 5. He took his camera for repair but the shop lost it. Can he obtain any compensation?
- 6. He received something in the mail that he has never ordered. Does he have to pay for it?
- 7. Ms. C has recently purchased some coupons (prepaid coupons) from a beauty salon but that salon suddenly closes down. Can she claim her money back and by what means?
Family, Matrimonial & Cohabitation
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Family, Matrimonial & Cohabitation
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Marriage and cohabitant issues
- A. An overview
- B. Types of marriages in Hong Kong
- C. Registration and celebration of marriage
- D. Offences under the Marriage Ordinance
- E. Nuptial agreements
- F. Marrying non-HK residents
- G. Benefits and welfare enjoyed by married couples
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H. Bigamy
- 1. Is it still bigamy if I had same-sex marriage in a foreign country and then married another person in Hong Kong afterwards?
- 2. In a divorce petition, one of the parties has been ordered by the court to pay for the opposite party an ancillary relief. If the paying party later found out that the receiving party had been lawfully married to someone else in Mainland China when they married, can that party (a) set aside the decree absolute based on the new evidence, (b) request the court to declare the marriage null or void on the ground of bigamy, and (c) request to disentitle the opposite party to ancillary relief?
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I. Cohabitation
- A. The absence of factual marriage in Hong Kong
- B. Estate provision
- C. Protection from violence in cohabitation
- D. Parental Rights
- E. Upon Separation
- 1. What are the differences between a prenuptial agreement and a cohabitation agreement?
- 2. My partner is a Hong Kong resident while I am not. We have been living together for 1 year. Is our child be entitled to Hong Kong permanent residency even if we are unmarried?
- 3. Do I bear any responsibilities if I cause damages to the house or the neighbourhood where I cohabit with my partner?
- J. Transsexual marriage
- K. Same-sex marriage / Civil partnership
- L. Bogus marriage
- M. Records of marital status
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N. FAQ
- 1. Is there any age restriction for marriage in Hong Kong?
- 2. My wife is an Australian. I want her to come to Hong Kong and live with me. What do I have to do?
- 3. I got married in the Mainland China a few years ago but my husband has left me and disappeared. I want to marry another man in Hong Kong now. Is there any risk that I may be committing bigamy?
- 4. I suspect that my wife is having an affair with another man. Can this be a reason for divorce?
- 5. I am a woman cohabitating with my boyfriend. We have no plans of getting married. Would this jeopardize us in the legal sense?
- 6. I am getting married very soon. My father is very rich and he does not trust my fiancée. He has suggested me to make a nuptial agreement with my fiancée. What is a nuptial agreement?
- 7. Do nuptial agreements have any legal status?
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Parental rights and duties
- 1. Do fathers have parental rights over illegitimate children? If an illegitimate child is born without acknowledging the father during the birth registration, can the father claim the parental rights later? Is consent from the mother needed? Is any proof (e.g., DNA reports) needed?
- 2. Do same-sex couples enjoy the same parental rights as opposite-sex couples in Hong Kong?
- 3. Can a young person under the age of 18 receive a plastic surgery despite the opposition from parents?
- 4. Possible offences related to parental duties
- 5. Corporal punishment vs violence: what is the boundary?
- Custody of children and guardianship
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Divorce
- A. General description of the legal consequences of divorce
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B. Resolution methods other than divorce
- 1. Apart from going to Court to apply for a divorce, are there any other channels through which unhappy spouses can settle their differences? What are the differences between these other channels and divorce proceedings?
- 2. What are the advantages of Family Mediation?
- 3. Are there any formal organizations or voluntary agencies providing family mediation services to couples before or after divorce?
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C. Pre-conditions for divorce
- 1. What can I do if I cannot afford to retain a lawyer to represent me in divorce or matrimonial proceedings?
- 2. Can I get a divorce in Hong Kong? What conditions do I need to comply with?
- 3. Shall I choose to apply for divorce in Hong Kong?
- 4. Other than the marriages registered under the Marriage Ordinance in Hong Kong, what other types of marriages are recognized by Hong Kong law? Can a couple whose marriage is registered in a foreign country, or a couple married through traditional Chinese customs, or a non-registered couple apply for divorce in Hong Kong?
- 5. Will a concubine and the relevant children be legally recognized? Can they be parties in divorce proceedings?
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D. Procedures and grounds for divorce
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1. What are the grounds for divorce? Must I explain why I want a divorce?
- A. Adultery
- B. Unreasonable behaviour
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C. Desertion
- 1. If my spouse has failed to give me money for household expenses for a year, does it amount to desertion?
- 2. If my spouse has just gone away for more than a year without telling me the reason, can I get a divorce out of desertion? Do I need to show his/her intention?
- 3. If my spouse has gone away for more than a year for a reason (e.g., wandering around the world, debt evasion), can I get a divorce out of desertion?
- D. Separation
- 1. What are the essential differences in establishing the irretrievable breakdown of marriages by proving “fault” facts and “non-fault” facts?
- 2. If my spouse is sent to jail, can I apply for a divorce without his / her consent? What ground can I rely on? If the jail term is less than 2 years, can the petitioner rely on the desertion ground? For a jail term of 2 years or longer, can the two years’ separation ground be applied?
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2. How do I apply for divorce? (with a brief summary of the relevant procedures)
- 1. What should I do when I receive a divorce petition from my spouse? Should I employ a lawyer or can I handle it myself?
- 2. I got married to my partner outside Hong Kong; however, we lost our marriage certificate and the overseas government did not re-issue the marriage certificate to us. How can I apply for divorce in Hong Kong under the circumstances?
- 3. My spouse has disappeared for many years and I do not know his/her whereabouts. How can I serve the petition and other documents to him/her?
- 4. If the petitioner and the respondent still live together, can the petition be served on the respondent by the petitioner directly?
- 5. My spouse insists on not returning the Acknowledgment of Service (Form 4). Is the petition suspended?
- 6. Where a decree nisi is granted, under what circumstances would the decree not be made absolute or be revoked?
- 7. After the decree nisi is granted, if the petitioner does not apply for the decree to be made absolute (Form 5), can the respondent initiate the process by filling the Form 5?
- 3. When will the divorce proceedings be completed? How long will it take before I can marry again?
- 4. What will happen if a party passes away when the decree nisi was granted but is not made absolute?
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1. What are the grounds for divorce? Must I explain why I want a divorce?
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E. Matters affecting children
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1. Custody, care and control, and access
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A. Application
- 1. What factors will be considered by the Court in awarding custody of a child to either or both parties?
- 2. My daughter has been living with my husband since I separated from him two years ago. How likely is that I will be granted custody of my daughter if I apply for a divorce now?
- 3. Can a custody order be varied?
- 4. What happens if no party wishes to take custody of the children?
- 5. What does a social welfare report do in assessing the provision of children's custody?
- 6. If a party does not agree with the social welfare report, can he/she ask the court to reject it and call for another report?
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B. Enforcement
- 1. My wife wants to apply for divorce and she plans to take our only daughter out of Hong Kong during the waiting period. Can I stop her?
- 2. My wife refuses to see me and let me know where our daughter is, what should I do? How can I prevent my spouse from snatching our child?
- 3. Can one parent take a child out of Hong Kong upon the grant of a custody order?
- 4. What decisions can be made for children if a parent is granted custody of his/her children?
- 5. What decisions can be made for children by one parent if both parents are granted joint custody of their children?
- 6. What can a parent do if both parents are granted joint custody of their children and they have parenting disputes?
- 7. Does a parent who is granted sole custody of his/her children need to consult the other parent before making decisions for their children?
- 8. Can the custodial parent transfer custody to the non-custodial parent in private?
- 9. What are staying access and supervised access?
- 10. If the non-custodial parent is given access, can the custodial parent stop the other from visiting his/her children?
- 11. If the non-custodial parent is stopped by the other from visiting his/her children without reasonable grounds, what can he/she do?
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A. Application
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2. Maintenance
- 1. What factors will the Court consider in assessing the provision of child maintenance?
- 2. I got divorced and my ex-wife re-married. I can stop giving her financial support, but do I still need to pay for my child's maintenance for our child who lives with her?
- 3. My wife from mainland China gave birth to a child who is proved by the DNA test to be not my son. If I get divorced, do I still need to pay for the child's maintenance? Does she need to obtain Hong Kong permanent residency before we process the divorce?
- 3. Children's Dispute Resolution
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1. Custody, care and control, and access
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F. Financial matters
- 1. How would the Court deal with or divide the matrimonial properties between the husband & wife upon divorce?
- 2. What factors will the Court consider in assessing the kind and the amount of maintenance (or alimony) to be made for a spouse?
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3. What guidelines and steps will the court follow to decide on the division of matrimonial finance?
- 1. A married couple together owns a flat while the husband contributed to the majority part of the mortgage loan. Upon divorce, can the husband claim absolute ownership of the flat and refuse to split the proceeds derived from selling the flat?
- 2. If the property is owned by a party in mainland China or overseas, how would the party's interest be considered by the court in awarding granting ancillary relief?
- 3. If the property is co-owned by a party and his/her mother (a) in a joint tenancy or (b) in a tenant in common, how would the party's interest be considered by the court in granting ancillary relief?
- 4. Are the pensions of my husband/wife counted as assets when the court deals with the matrimonial property?
- 5. Does financial support from parents of a divorcing party considered as financial resources of the party?
- 6. Is property purchased during the separation period counted as the financial resources of the purchasing party?
- 7. To avoid the maintenance order, my husband deliberately quit his job and applied for Comprehensive Social Security Assistance (CSSA) upon receipt of the divorce petition. When considering his earning capacity and income, would that kind of trick work?
- 8. If my spouse owes me a debt, can I claim back the money in the divorce proceedings? Would it be counted as the financial resources of the parties? Would the court handle the debt case?
- 4. Can husband obtain maintenance from wife?
- 5. What kind of maintenance order (or financially related order) is the Court empowered to make?
- 6. What is “nominal maintenance”? Should I apply for such maintenance from my spouse in divorce proceedings?
- 7. If there is a change of financial status for a spouse, will the maintenance order be subsequently adjusted or varied by the Court?
- 8. If I got a large sum of money after the divorce (e.g. winning lottery or inherit a fortune from family), do I have to share with my ex-spouse from the maintenance?
- 9. What can the wife/husband do if the other party refused or failed to make maintenance payment?
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10. Financial Dispute Resolution
- 1. If the other party fails to submit the Financial Statement (Form E), what should the party do?
- 2. Is there any penalty for not submitting Form E?
- 3. Will the FDR hearing be suspended if the other party does not submit Form E?
- 4. What can a party do if he/she knows that the other party does not make full and frank disclosure in Form E?
- 5. Does the court investigate the truthfulness and wholeness of the information stated in Form E?
- 11. Pilot Scheme on Private Adjudication of Financial Disputes in Matrimonial and Family Proceeding
- G. Matrimonial home
- H. Costs
- I. Flowchart for divorce in Hong Kong
- J. Overseas divorce and legal separations
- K. Reciprocal enforcement of civil judgments of matrimonial and family cases in Hong Kong and Mainland China
- L. Case Illustration
- Protection for victims in domestic violence
- Surrogacy and artificial insemination
- Abortion
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Marriage and cohabitant issues
Personal Data Privacy
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Personal Data Privacy
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The meaning of "personal data" and the six data protection principles
- 1. What are the consequences of beaching the data protection principles?
- 2. Are there any situations in which the persons/companies holding personal data may be exempt from the Ordinance or the Data Protection Principles?
- 3. Do the Data Protection Principles apply to the outsourced processing of personal data?
- 4. While browsing the Internet, I discover that my photo has been posted on a local website without my consent. That photo, I believe, was secretly taken by someone while I was window-shopping in an arcade one week ago. Can I sue the relevant webmaster or the photographer under the Personal Data (Privacy) Ordinance?
- 5. I provided my personal data to a service provider when subscribing to its service. Can I request it to delete my personal data?
- 6. What are the functions of the Privacy Commissioner's Office (PCPD)?
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Consumer credit data (relating to records of any loan or credit provided by banks or financial institutions)
- 1. What information would be written on a credit report? How can I contact the credit reference agency ("CRA") to obtain my own credit report?
- 2. What can I do if I find out that the information contained in my credit report is not accurate?
- 3. Can credit providers obtain a credit report about me at anytime they want?
- 4. Is there any information (about a borrower/debtor) that a credit provider must not report to a CRA?
- 5. If I act as a guarantor for my friend's loan from a bank, will the bank disclose my role as a guarantor to a CRA? Does the Code also cover the scenario of an individual being the guarantor for a corporate loan?
- 6. Is it compulsory for credit providers to provide all of an individual's (borrower or guarantor) loan account information to a CRA?
- 7. How long can a CRA retain my credit data? If I settle my loan account, will my credit data held by a CRA be deleted from its database?
- 8. Is there any benefit to keeping my closed account data in the CRA's database?
- 9. Suppose I had a tax loan with a bank that I fully repaid in January 2003 (before the effective date of the relevant provisions in the Code on 2 June 2003). I also have a credit card with the same bank for many years up to now. Can my bank provide data concerning all these accounts to the CRA after 2 June 2003?
- 10. If I declare bankruptcy, will my credit data held by a CRA be deleted from its database? What if I do not declare bankruptcy but have entered into an Individual Voluntary Arrangement (IVA, a debt repayment scheme recognized by the court) with my creditors?
- 11. Are there any safeguards to protect my credit data against improper access by credit providers?
- 12. What can I do if I find out that a credit provider or a CRA is not handling my data properly?
- 13. Enquiry Case Notes from the PCPD – Should the bank notify me (as the guarantor of a loan facility) if my credit report is accessed when (i) the loan facility is applied for; and (ii) when the existing loan facility is reviewed?
- 14. By request of a law firm which acts for the administrator of a deceased person, if a bank discloses records of the deceased also contain information of third parties, is such disclosure a contravention of the Ordinance?
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Use of ID card numbers and ID card copies
- 1. Generally speaking, under what circumstances can a person ask me to provide my ID card number or ID card copy?
- 2. Can the security staff of a building ask me to enter my ID card number in a visitors' log book at the entrance of a building?
- 3. Can a police officer ask me to show him/her my ID card?
- 4. Can a prospective employer record my ID card number or collect a copy of my ID card when I attend a job interview?
- 5. If I have accepted an employment offer, can my employer collect a copy of my ID card?
- 6. Can a club ask me to provide my ID card number and a copy of my ID card if I apply to be a member?
- 7. Can companies providing mobile phone services record my ID card number or collect a copy of my ID card if I apply for their services?
- 8. Can banks/insurance companies collect a copy of my ID card when I apply to be their customer?
- 9. What should I be aware of before I provide my ID card number or ID card copy to other persons?
- 10. Under what circumstances can a person ask me to provide other personal identifiers (e.g. staff number, passport number or patient number)?
- 11. Complaint Case Notes from the PCPD – A property management company collected identity card numbers of residents who were applying for electronic entrance cards gaining access to the building. Is this viewed as an excessive collection of personal data?
- 12. Complaint Case Notes from the PCPD – A person requested a refund of a tour fee and charges from a travel service agent. In processing the request, the travel agent required him to provide a photocopy of his Hong Kong identity card. Is this viewed as an excessive collection of personal data?
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Privacy in Recruitment, human resources management and at work
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Recruitment
- 1. What is a "blind" recruitment advertisement? Does the Code of Practice on Human Resource Management apply to all recruitment advertisements?
- 2. Why is an employer required to identify itself in recruitment advertisements that solicit personal data from job applicants?
- 3. Can an employer directly solicit personal data from job applicants if it merely uses its company email address, telephone number or fax number as a means of identifying itself in a recruitment advertisement?
- 4. Some employers only provide their fax numbers, postal addresses or e-mail addresses in recruitment advertisements without explicitly asking job applicants to submit their personal data. Is this practice acceptable under the Code?
- 5. Should an employer provide, within a recruitment advertisement, a statement regarding the purpose for which the personal data submitted by job applicants will be used?
- 6. Can an employer ask job applicants whether they have any criminal record?
- 7. On a company's job application form, there is a column requesting personal data concerning the applicant's spouse/children's occupations. The purpose of this is to ascertain whether the relatives work for one of its competitors. Is this acceptable?
- 8. Can an employer collect copies of the identity cards of job applicants? How long is an employer allowed to keep the personal data of unsuccessful job applicants?
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Human Resources Management
- 9. Are there any situations in which employers holding personal data may be exempt from the Ordinance or the data protection principles?
- 10. How long is an employer allowed to keep the personal data of former employees?
- 11. An employer wants to announce the resignation of a former employee in a newspaper. What should the employer be aware of?
- 12. Do employees have the right to obtain a copy of their personal records including appraisal reports?
- 13. Who is liable for a contravention of the Ordinance in relation to employment-related personal data – the employer or the human resources manager?
- 14. Complaint Case Notes from the PCPD – Can employment agents, for the purpose of guaranteeing their commission payments, collect ID card copies from job applicants?
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Privacy at work
- 15. What are the things that employers should consider before conducting work monitoring measures (e.g. telephone, video, e-mail or internet monitoring)? Can covert/secret monitoring of employees be adopted?
- 16. Should employers notify their employees before commencing the above-mentioned work monitoring measures? How should employers manage the data collected?
- 17. Can I install a video camera at home to monitor my domestic helper?
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Recruitment
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Privacy on the Internet
- 1. Have you checked your Internet Service Provider (ISP)'s policies on using "clicktrails" (your webpage browsing record)?
- 2. Are you asked to provide your personal data on-line?
- 3. Have you set your Internet browser to ask you before accepting a "cookie"?
- 4. Are you annoyed about direct marketing e-mails addressed to you?
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Privacy regarding direct marketing
- A. Use of personal data for the data user's own direct marketing purposes
- B. Provision of personal data to third parties for use in direct marketing
- 1. Regardless of the property owner's objections, if an estate agent repeatedly call the owner to persuade him/her to sell the property, will this violate section 35G of the Ordinance?
- 2. Is it an appropriate use of personal data in political direct marketing if a councillor's office uses the contact information from citizens who have sought assistance from the office to make election publicity calls?
- Anti-doxxing regime
- Complaints, penalties and legal assistance
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The meaning of "personal data" and the six data protection principles
Anti-Discrimination
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Anti-Discrimination
- Introduction to the existing anti-discrimination ordinances in Hong Kong
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Sex Discrimination
- 1. Can an employer refuse to employ me because of my gender/sex? Under what circumstances can an employer use "genuine occupational qualification" as an excuse for sex discrimination?
- 2. Further to question 1, do employers have to prove the existence of genuine occupational qualification (GOQ) as an exception for sex discrimination? What would happen if only part of the duties of a job involve gender/sex as a GOQ?
- 3. How would a person's age co-relate to sex discrimination? Is it unlawful if different age requirements are applied to males and females when they apply for jobs or obtain goods/services?
- 4. What is sexual harassment? Under the Sex Discrimination Ordinance, is sexual harassment prohibited in all environments?
- 5. What can you do if you are sexually harassed?
- 6. If an incident involving sexual harassment happened in an office or another part of the workplace, to what extent may the employer be held responsible or liable?
- 7. What is marital status discrimination?
- 8. Can an employer refuse to employ a job applicant because she is pregnant?
- 9. Can an educational establishment or a service provider refuse to provide services or facilities to me because of my sex, pregnancy or marital status?
- 10. What if I receive even worse treatment after I have lodged a complaint? If my friend is being discriminated against because he acts as a witness for me, can my friend also lodge a complaint?
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Disability Discrimination
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General matters
- 1. What is the general meaning of discrimination, harassment and vilification in relation to a person's disability?
- 2. Under what circumstances can an employer refuse to employ or dismiss a person with a disability? Suppose I have a serious leg injury, does it mean that I have no chance to take up a job?
- 3. If an employee has an infectious disease or AIDS, can the employer dismiss that person?
- 4. What if I receive even worse treatment after I have lodged a complaint? If my friend is being discriminated against because he/she acts as a witness for me, can my friend also lodge a complaint?
- 5. If my relative or friend is a disabled person and is being discriminated against by others, can I represent him/her to lodge a complaint with the Equal Opportunities Commission?
- 6. If I'm looking for a job, can an employer require me to provide medical information/records?
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Physical Disability
- 7. If a physically disabled person can handle a particular job with some special facilities/aids, is the employer required to make the relevant adjustments/alterations at the workplace, or could the employer just refuse to employ (or dismiss) that person?
- 8. I am a physically disabled person and I always have difficulty in taking a taxi. Should the taxi driver help me on every occasion? What if the driver refuses to offer taxi services to me?
- 9. I am a wheelchair user. Do I have equal opportunities in respect of access to public buildings and social facilities?
- 10. Toilets for people with disabilities are sometimes used as store rooms. Is this unlawful under the Disability Discrimination Ordinance?
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Mentally Handicapped
- 11. My child is mentally handicapped and I have applied for a place for him at a mainstream kindergarten. The kindergarten eventually rejected me. Has the kindergarten contravened the Disability Discrimination Ordinance? If my child is admitted, does the kindergarten have a responsibility to provide special services or facilities to help him with his studies?
- 12. If my colleagues openly tease a mentally handicapped colleague about his/her mental handicap and he/she is unhappy about it, is this discrimination?
- 13. Will the landlord contravene the Disability Discrimination Ordinance if he/she refuses to rent a flat to a tenant who lives with a mentally handicapped person?
- Mental Illness/Ex-mental Illness
- Hearing or Visual Impairment
- Chronic (persistent) illness
- HIV/AIDS
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General matters
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Family Status Discrimination
- 1. An employer knows that dismissing a pregnant employee may be unlawful, so he intends to dismiss that employee after she has given birth to her child. Would that employer still be liable under the law?
- 2. Can an educational establishment (e.g. an evening school or university) or a service provider refuse to provide me with services or facilities because I need to take care of my family members?
- 3. What can I do if I feel I am being discriminated against?
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Race Discrimination
- 1. Is there any grace period under the Race Discrimination Ordinance ("RDO")? If so, when does it end? To which group of people does it apply?
- 2. Does the RDO cover all employers in Hong Kong?
- 3. Do employers of foreign helpers who select their helpers on the basis of race violate the RDO?
- 4. What is Race?
- 5. Is RDO applicable to discrimination on the ground of religion?
- 6. What is racial discrimination?
- 7. What is discrimination by way of victimization?
- 8. What is racial harassment?
- 9. What is racial vilification?
- 10. Can an employer refuse to offer me a job interview or position in his/her organisation because I am a Filipino and cannot read Chinese ?
- Scenario-based examples
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How to complain
- 1. If I want to lodge a complaint with the Equal Opportunities Commission, what information do I need to provide? How can I lodge a complaint?
- 2. Is there any time limit for lodging a complaint?
- 3. Can a group of persons lodge a single complaint? Must I (as an aggrieved person) lodge a complaint with the EOC myself?
- 4. How does the EOC handle a complaint? Under what circumstances will the EOC discontinue the investigation of a complaint?
- 5. How does the EOC conciliate a case? Can the aggrieved person request conciliation?
- 6. What if the conciliation is not successful? If I cannot afford legal costs, can I get legal assistance from outside sources?
- 7. Can I bring my case to court directly without going to the EOC? What possible compensation or remedial action can I obtain through legal action?
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Case illustration
- 1. Ms. A works as a sales-coordinator in a food company. A new male colleague reported for duty last week with the job title of "administration officer". Ms. A knows that they are both doing administrative work, but with different job titles. The thing she considers unfair is that the salary of that male colleague is higher than hers by $2,000. Is this unlawful under the Sex Discrimination Ordinance?
- 2. Ms. A's boss asked her to have sex with him when they were on a business trip in China. Is she protected under the SDO if sexual harassment takes place outside Hong Kong?
- 3. A security guard near their home openly teases their son about his disabled leg. Is this unlawful under the Disability Discrimination Ordinance?
- 4. Mr. B has been diagnosed with a respiratory illness and he needs to see a doctor regularly. His boss has since commented on his sick leave record, and the inconvenience caused to other colleagues during his absence. Just a month ago, he was hospitalized for one week due to his worsening health. When he returned to work, he was dismissed on the basis that he had taken too much sick leave. Is it unlawful for his employer to dismiss him because he suffers from a chronic illness and therefore requires regular medical treatment?
- 5. Their son wants to participate in an extra curricular activity organized by a school club. However, the club believes that he may not be able to perform the activity due to his leg disability. Can the club refuse to allow him to participate in the activity?
- 6. Their son has been teased by his classmates because of his disability. Is the school liable for acts of harassment and vilification committed by a student against another student with a disability?
- Related Websites
Defamation
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Defamation
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A basic knowledge of what constitutes defamation in Hong Kong
- 1. Is defamation by word of mouth normally considered to be "slander"? Why do we need to distinguish slander from libel?
- 2. Which court in Hong Kong hears defamation cases? Are the verdicts of such cases made by the court judge or the jury?
- 3. If I am the plaintiff or the defendant in a defamation lawsuit but I do not have the money to hire a lawyer, can I get some free legal assistance from the Government?
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The meaning of "defamatory"
- 1. If I say or write something bad about a person, but I have no intention of defaming him, would I still be liable for defamation?
- 2. As different persons may have different interpretations, levels of acceptance, and sensitivity to any words that might be used, what standard is used to determine if words contain defamatory meanings? Would the context, circumstances, or the place where the words are published have any impact on whether or not the matter may be considered defamatory?
- 3. The words in question are included in an article, and only some of the words in the article may amount to defamation. In such a case, how are the meanings of the words determined?
- 4. Can a person's acts (not words) be capable of carrying defamatory meaning?
- 5. If a person gives nick names to his friends at random (e.g. he called an acquaintance "fatty pig"), has he incurred any liability for defamation?
- 6. We all have an interest in the private life of entertainers. We often discuss the various stories published in the media and this might have an adverse effect on some entertainers. Are the publishers liable for defamation?
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Conveying defamatory matter to others
- 1. If the defamatory words were neither written by me nor originate from me, and I have simply repeated the publication to others, will I be liable for defamation?
- 2. If I only talk to my wife about another person, and some of the words I use are defamatory, will I be liable for publishing defamatory matter about the other person?
- 3. If we just talked about a colleague in the company office, will such a conversation be regarded as publication under defamation law?
- 4. If I sent an article defamatory of X in a sealed envelope addressed to my best friend (Y) but the letter was opened by Y’s secretaries and assistants, will I be liable for the publication of the defamatory article to these other persons?
- 5. If we are employers, to what extent are we liable for the acts of our employees after they have published something defamatory of others?
- 6. Who will be liable for the publication of the defamatory words which were heard by the public on the Internet?
- 7. If defamatory words about a person were placed on an internet website by users/viewers of the website, will that website (or the person/company in charge of it) be liable for defamation?
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Identifying the person defamed
- 1. If I did not intend to refer to the plaintiff in my article, and it was a pure coincidence that the article appears to refer to him, will I still be liable for defamation?
- 2. Would I be liable for defamation if I published defamatory words or allegations about a limited company? How about publishing defamatory words or allegations against the government?
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Loss and compensation
- 1. My rival is spreading rumours that goods supplied by my company are defective. These rumours are affecting my business substantially. Is there anything I can do to stop it?
- 2. Is the conduct and the intention of parties in a defamation lawsuit important when it comes to the assessment of compensation?
- Case illustration
- Defence
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A basic knowledge of what constitutes defamation in Hong Kong
Protection for Investors and Structured Products
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