TWC Family Law Services
Our firm provides all manner of legal advice and assistance to individuals on family law matters. As much of family law matters are sensitive, we focus on providing advice and assistance in a practical and informative way and in a cost-effective manner to the satisfaction of our clients.
Marriage: TWC has a number of lawyers
registered as civil celebrants who can help couples marry in Hong Kong,
to assist couples in any legal planning matters relating to marriage and estate planning such as making or altering or effectiveness of wills
Adoption: We advise on adoption, wardship and guardianship matters in relation to parent and child.
Divorce and separation: We deal with divorce and separation proceedings and processes, whether contested or non-contested. These are invariably interlinked with other family law related issues below.
Children: involving custody, care, control, access rights and variation orders, unlawful removal of children from Hong Kong, disputes on access
Maintenance issues: child maintenance, spouse maintenance, interim maintenance, periodic payments, variation of maintenance orders, clean break issues
Spousal issues: family violence, matrimonial assets, division of matrimonial assets and their preservation or disposal
Court relief and remedies such as injunctions and restraining orders
If you require legal advice on any family law matter, please call us at 2529 0383.
TWC’S PROBATE AND WILLS PRACTICE
We provide legal advice and representation on a broad spectrum of probate, wills and inheritance matters, both contentious and non-contentious, including:
- Wills and codicils and their preparation and execution
- Intestacy issues
- Grants of probate and letters of administration
- Administration and distribution of estates under Hong Kong law
- Enduring Powers of Attorney and challenges to such instruments
- Appointment of medical, technical and other experts
- Assisting beneficiaries under a will or an intestacy
- Defending or contesting validity of wills and codicils
- Duties and responsibilities of executors, protectors and trustees
- Claiming or contesting entitlements in intestate estates
- Defending or commencing actions for administration of estates
- Claims by those not provided for wholly or adequately in a will or intestacy
- Coordination regarding overseas assets and assistance with respect to multi-jurisdictional (including mainland China) issues
- Resealing of grants in Hong Kong
- Redistribution of deceased’s estate by way of Deed of Family Arrangement
- Stopping probate applications
- Inheritance law issues
- Matters under the Probate and Administration Ordinance
Our lawyers provide cost effective and practical advice whilst being sensitive to clients’ needs.
Sales, transfer, and leasing of Property
Our firm provide services include:
- Purchasing first-hand property
- Purchasing Second-hand property
- Purchasing off-plan
- Sale, purchasing and transferring of Home ownership scheme(HOS) and public housing
- General property gift or name transfer
- Rename of heritage property
- Property mortgage
- Division of ownership
- Enter into a lease, and
- Other legal services related to property
Commercial & Contracts
Our firm provides the below legal services:
- Incorporation of charitable organization and application for tax exemption certificate under section 88 of Inland Revenue Ordinance
- Protecting minority shareholders' rights
- Actions against company’s director
- Handling shareholders’ disputes
- Application for winding up of company
- Drafting shareholders agreement
- Drafting share purchase agreement
- Drafting or amending company’s articles
- Drafting contracts
- Annual legal retainer
Hong Kong is a crowded place. Most people live in multi-story buildings and share common areas and common facilities. Due to different life styles, there could be disputes in management of the common areas and common facilities. When there is a management company, there could be disputes between the owners and the management company as well.
In these circumstances, we provide a wide range of services for owners, incorporated owners and management companies, including:
- Advising on the laws of building management and the documents on the governance of the building such as land grants, deed of mutual covenants and management agreements;
- Attending meetings of management committees and general meetings of owners;
- Taking legal action against unauthorized occupation of common areas or common facilities of the building;
- Taking legal action against installation of unauthorized building works;
- Taking legal action to claim defaulted management fees or repair fees;
- Taking legal action against incorporated owners or management companies for breaches of relevant laws or governance documents, or for abusing their power;
- Taking legal action against nuisance or disturbance of owners/occupiers; and
- Any other matters relating to building management.
Trade Mark & Patent
Annulment of Bankruptcy
如你申請破產時持有物業，即使破產期完結，你的物業仍由破產管理處所託管。日後如你的財務狀況得以改善，有能力償還債務及「贖回」物業，本行可以代表你申請廢止破產令 (Annulment of Bankruptcy)。
Purchasing Bankrupt’s Shares in Property
- Judicial review is the review of decisions made by public bodies through judicial procedures to determine whether their decisions are in accordance with the principles of the Constitution or administrative law.
─ The so-called public body can be a government department, but it also includes the HA, the University and the statutory board or the tribunal to exercise public authority.
- Judicial review shall be filed within three months after the formal decision of the public body is made. The overtime court may not accept the case; if there is a reasonable explanation, the court will approve the late application.
─ Applicants must be people with a good interest and are affected by the decisions of the public agency. Persons not related to the decision generally do not have the right to file an application for judicial review.
The procedure for judicial review is firstly applied by the applicant to the court unilaterally. At the time of application, detailed legal justifications should be submitted. The applicant should also submit the evidence and documents related to the application to the court in the form of an affidavit. If the court approves the applicant's application, the applicant may serve the same set of documents to all "related parties" within 14 days. The relevant parties may submit their objections and documents to the court by affidavit within 56 days.
At the same time, the case will be scheduled for trial. In general, judicial review mainly involves disputes over legal opinions, and neither party is required to testify in court.
Judicial review, mainly around the constitutional and administrative law debates. The constitutional disputes involved in Hong Kong mainly include the Basic Law, the Hong Kong Human Rights Law Ordinance and international human rights contracts. As for the debate on administrative law, including whether the relevant agencies make decisions according to legal procedures and whether it is reasonable to exercise their discretion.
The judicial review case that the Bank has dealt with, including
1. The "College Student Newspaper" v. Obscene and Indecent Articles Tribunal means that it does not meet the legal requirements for the initial review (winning the case)
2. Persons in custody claim that deprivation of their voting rights is inconsistent with the provisions of the Basic Law (winning the case)
3. Chinese university students v. Chinese University means that the university violates the premise of the Chinese University Regulations. The main teaching language of Zhongda is Chinese. (Trial pending)