Services

Civil Litigation

有別於由律政司向被告人提訴的刑事案件,民事訴訟是原告人向被告人的侵權行為提出賠償的要求。民事訴訟牽涉範圍廣闊,包括人身傷亡及工傷索償、商業糾紛、侵犯土地或財物(例如漏水)、業權爭議 (例如合約糾紛及追討欠款)、妨擾、誹謗、司法覆核等事宜。苦主可循法律途徑要求合理的金錢賠償或其他濟助如禁制令等。如果你不幸成為被告人,本行亦可以為你抗辯,以求保障你的權益及減低損失。

「打官司」絕非如同電視電影劇情般,只要聘得「金牙大狀」便無一往無前。與訟雙方除了考慮律師費和法律理據外,還須要考慮是否有充分證據、對方是否有能力賠償,以及會否有非法律的影響(如訴訟影響公司形象)等。本行律師會就案件作全面分析,務求有效地為客人解決問題。我們亦相信訴訟只是解決問題的其他一種方法,因此本行律師亦會為客人尋求其他解決紛爭的途徑如調解等。


負責律師:鄧偉棕律師、周鑑亮律師、廖成利律師、陳尚德律師、嚴芷佳律師、羅潔儀律師、林正文律師、陳業森律師、王志傑律師、宋衛德律師、魏荃蒂律師、呂金玉律師

Employee’s Compensation Claim

工傷疑難解答
問:甚麼是僱員補償申索(俗稱claim工傷)?
答:根據《僱員補償條例》,任何僱員如在受僱工作期間因工遭遇意外以致身體受傷,或患上《僱員補償條例》內訂明的職業病,其僱主須按照《僱員補償條例》支付補償給僱員。工傷索償是較快速及不問責任的。
問:工傷索償是否有申索時限?
答:一般而言,工傷索償須在意外發生後兩年內提出。

問:如果我不幸遇上工傷,我應該怎辦?
答:你應該立刻通知僱主及儘快尋求醫治,如有需要你亦應報警求助。你應妥善保存一切與索償有關的文件,包括病假紙、醫藥費單據等。

問:我可以要求多少工傷賠償?
答:由於每人的收入、年紀及傷勢不同,因此不能一概而論。簡單而言,若有僱員在受僱期間受傷(或死亡),該僱員或其親屬可向僱主索取 (一)收入損失; (二)醫療費用; 及(三)及義製人體器官及外科器具。

問:如僱主拒絕承認工傷該怎麼辦?
答:每個個案的情況都不一樣,閣下應通知勞工處,並收集證據如意外場景的照片等,並儘快委託律師處理。

問:若僱主購買的勞工保險失效 (或俗稱被踢保),會否影響我的索償?
答:若僱主的工保險失效,那你的工傷賠償將由僱主支付。

問:若勞工保險失效,而僱主又宣告破產,那我該怎麼辦?
答:即使僱主破產,閣下仍受僱員補償援助基金所保障。

問:我是否一定要委聘律師為我提出工傷索償?
答:不是。若僱主及員工雙方就意外及判傷報告並無爭議,僱主或保險公司可按《僱員補償條例》所訂明的賠償計算公式支付賠償給你。但假如雙方就意外是否屬於工傷或傷勢嚴重程度等再有所爭議,或僱主拒絕支付你應得的賠償,或僱主就賠償對你作出無理的要求等,你應立即向勞工處或律師求助。

問:若我不滿意判傷結果,可以怎麼辦?

答:你可於十四日內提出上訴

問:我是否可以委託公證行與僱主和解?
答:公證行是代表保險公司的利益行事,而並不會保障你的權益。如你接受公證行的和解提案,你可能可較快取得賠償金,但在進行和解時,你應小心對答,以免提供錯誤或對你案情不利的資訊予僱主或保險公司,你亦應小心避免誤簽文件而影響索償,以及確保賠償金額是合理的。

問:醫院內有很多索償代理接觸我,我該怎麼辦?
答:索償代理並不是律師,也無須遵守專業守則。部份索償代理更以「不成功不收費」及「瓜分賠償」等非法手段辦理你的案件,最終令你應得的賠償減少。為了確保獲得合理的賠償和保障,你應該循正常途徑委聘專業可信的律師為你處理索償事宜,如你有財政困難,亦可以申請法援或與你的律師商討。

問:若我有經濟困難,無力聘請律師,該怎麼辦?
答:你可以申請法律援助,亦可與你的代表律師商討。由於大部份工傷索償之律師費最終均由僱主或保險公司支付,因此你可與律師協商,要求律師在結案時才收取律師費,或減少律師費按金。

問:如我認為意外是僱主或第三方的疏忽所致,我是否還可以提出其他申索?
答:如你認為工傷涉及疏忽行為,除工傷索償外,你還可以循普通法追究僱主或第三方的疏忽行為。一般而言,疏忽索償的賠償金額比工傷賠償高。你可以先進行工傷索償,以儘快取得一筆賠償應付出活開支,同時進行疏忽索償,但你的疏忽賠償金額須扣減工傷賠償金額,即不能雙重索償。

問:是否可以舉個例子說明?
答:假如你是職業司機,在工作期間另一輛私家車從後撞到你駕駛的公司車,以使你受傷。你可以向先僱主提出工傷索償,同時向疏忽令你受傷的第三方司機索償。你可以先工傷賠償金額為30萬,然後當第三方司機向你賠償100萬時,由於你已收取30萬工傷賠償,因此第三方司機支付賠償時會先扣減30萬,即只支付70萬疏忽賠償給你。扣減後你最終得到的賠償金為100萬,而不是130萬。

問:假如我是僱主,而我懷疑僱員假扮工傷,那我該怎麼辦?
答:僱主可就工傷提出反對,惟你仍須向勞工處及保險公司申報工傷事件。

由於每個人的情況都不一樣,難以一概而論,為了保障你的法律權利,你應儘快委聘律師為你處理申索事宜。

負責律師:鄧偉棕律師、周鑑亮律師、廖成利律師、陳尚德律師、嚴芷佳律師、羅潔儀律師、林正文律師、陳業森律師、王志傑律師、宋衛德律師、魏荃蒂律師、呂金玉律師

Personal Injuries Claim

Personal Injury Claims

Q1: What is “Personal Injury claims” or “negligence claim”?

A1: “Personal Injury claims” or “negligence claim” refer to a claim based on the law of tort made by the plaintiff against the defendant’s negligence, which resulted in injuries/damages on the plaintiff’s part. The most common claims are traffic accidents, medical negligence, industrial accident, or slips in restaurant.

As its name implies, a negligence claim must be found on the defendants’ negligence to hold the defendant legally liable. Some typical examples are:
- Industrial accident due to the lack of protection at the construction site,
- driver’s careless driving causing injury/death;
- employer’s failure to provide safe system and/or safe working environment causing employee’s injury/death.

If you are not sure whether the counterparty has been negligent, you should contact a lawyer for assessing your case.

Q2: Is there limitation on time for making negligence/personal injury claim?

A2: In general, a negligence claim must be made within 3 years after the occurrence of accident.

Q3: How much can I claim?
A3: It depends on individual case. Generally, for the defendant’s negligence, you can claim against him/her for loss of income, medical expenses, pain, suffering and loss of amenities (PSLA).

Q4: My friend has successfully made his claim for his fractured left wrist, can I receive the same amount of compensation as with my friend?
A4: The compensation amount in each case would be different and could not be generalized. That’s because even the extent of injury is similar/same, each injured person has different income, age, condition of life, and the way how the injury impact one’s life would be varied.

Let’s say a person working as a clerk has sustained injury on his right wrist due to the defendant negligence, generally the amount of compensation payable to him/her would be lower because that injury has a lesser impact on him. On the other hand, the same injury was caused to a person working as a chef, he would be entitled to a greater amount of compensation, because he might not be capable to be a chef for his/her injury.

Hence, in order to make a thorough assessment to your case, it is very important for you to hire a lawyer with sufficient experience on handling negligence claim.
Q5: May I may personal injury claim for psychiatric damage?
A5: You could. In fact, a considerable number of injured persons would sustain mental illness as their brain were injured in the accident. Moreover, some injured persons were found incurring depression or post-traumatic stress disorder as a result of the accident.

Nevertheless, in order to make a successful claim on psychiatric damage, the plaintiff injured person must adduce sufficient proof to show that s/he has suffered psychiatric damage, instead of a temporary insomnia, distress, or upset. Also, the plaintiff must also establish that the psychiatric damage was caused by the defendant’s negligence.

Q6: Is it necessary to institute legal proceeds in personal injury claim?

A6: It is not necessary.

In fact, unless the parties have substantial disputes on the liability and the amount of compensation, most of the negligence claims could be settled outside court. The plaintiff and defendant could negotiate through their legal representatives, or alternatively, they could hire a mediator to assist them in achievement a settlement.

Q7: If I encounter financial difficulties and have no money to instruct a lawyer, what should I do?
A7: You may apply for Legal Aid, and you could discuss that with your lawyer. Since most of the work injury claims would ultimately be paid by the employers or the insurance companies, you could negotiate with your lawyer, and request paying the legal fees after the case is closed, or alternatively, reducing the legal fees.

Q8: There are many “Recovery Agents” approaching me in the hospital, what should I do?
A8: “Recovery Agents” are not lawyers, and they do not have to adhere to the professional code of conduct. Some Recovery Agents would promote themselves, promising “no win, no fee”, and receiving a proportion of your compensation, but that will ultimately reduce the amount of the receivable compensation. Also, such acts are illegal, and the Recovery Agents may be criminally liable for committing maintenance and champerty, as well as providing legal services without the requisite qualifications.

Q9: If the injured person is a minor (below 18 years old), what should s/he do?
A9: The injured minor can claim against the defendant until s/he turn 18 years old. S/he could sue the defendant by his/her next friend (e.g. his/her parents or guardian). In order to protect the interest of the minor, the compensation amount must be approved by the Court, and would be deposited in the Court until that minor attain 18 years old.


As every individual case is different from the others, it is hard to make a generalized conclusion. In order to safeguard your legal right and interest, you should promptly instruct a lawyer to hand your claim.

List of Solicitors handling personal injury claim in TWC:
- Mr. Herman Tang
- Mr. Patrick Chow
- Mr. Bruce Liu
- Mr. Melvin Chan
- Ms. Justine Yim
- Ms. Pearl Law
- Mr. Roger Lam
- Mr. Samuel Chan
- Mr. Peter Wong;
- Mr. Herman Sung
- Ms. Dominique Ngai;
- Ms. Estella Lui
- Mr. Nick Lee


Defamation

Defamation

Generally, the plaintiff in ordinary civil litigation bears the burden of proof. In defamation case, it is not difficult for the plaintiff to establish the existence of defamation; s/he is only required to establish that the defendant has published some defamatory statement. Defamatory statement refers to the statement which lower or injure the reputation of the person to whom it refers in the estimation of right-thinking members of the society generally, or which may cause a person to be shunned, avoided or ridiculed by others. Once the plaintiff has established that the defendants has made defamatory statement, the burden of proof is then shifted to the defendant. In other words, the defendants must demonstrate to the Court that he has legally recognized defences.

There is absolute defence in law as to defamation case, it could either be justification (truth), or absolute privilege (e.g. statement made in LegCo Proceedings and Court Proceedings). Further, the defendant could rely on “honest comment” as his/her defence, and s/he is require to prove the followings:
1. the defamatory statement is a comment on a matter of public interest
2. there is a sufficient substratum of fact on which the statement is based;
3. the defamatory statement is a comment and is honest and fair; and
4. the defamatory statement has been made without any malice, and there is a genuine belief in the comment.

You could consider bringing a defamation claim against a person who by words or conduct defame you so as to protect your reputation. Alternatively, if a defamation claim has been brough against you, and you reckon the claim is to unreasonably suppress you, we could defend the claim on behalf of you. We endeavour to provide effective and efficient legal services based on your needs. You are welcome to contact our lawyers.

List of Solicitors handling civil litigation in TWC:
- Mr. Herman Tang
- Mr. Patrick Chow
- Mr. Bruce Liu
- Mr. Melvin Chan
- Ms. Justine Yim
- Ms. Pearl Law
- Mr. Roger Lam
- Mr. Samuel Chan
- Ms. Dominique Ngai;

China appointed Attesting

China Attesting Services

There are frequent exchanges between China and Hong Kong. We provide the following China Attesting services for attesting and certifying documents emanating from Hong Kong for use in Mainland China: -

Company related China Attesting services:
- Appointing a Mainland China solicitor with Power of Attorney
- Proof of the Status of Company in Hong Kong;
- Proof of Board Resolution of Company in Hong Kong.
- Proof for Sale and Purchase agreement, mortgage or contract.
- Proof of Trademark registration
- Notarization related to CEPA (Hong Kong Service Supplier)
- Declaration of Sole Proprietorship/ partnership resolution.


China Attesting services for individual
- Declaration to marry a Mainland resident
- Declaration to claim succession
- Declaration to apply for entry to Hong Kong for Mainland relatives
- Declaration to apply for adopting a child from Mainland China.
- Notarization for marriage
- Declaration to guarantee for a Mainlander resident to study aboard.
- Certification to prove Originality or Replication of the documents
- Notarization for bequeath certificates
- Personal Authorization Letter


Solicitor providing China Attesting Services
- Mr. Herman Sung

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

Cohabitation disputes

If you require legal advice on any family law matter, please call us at 2529 0383.

Criminal Litigation

Criminal Litigation

We have abundant experience on conducting criminal case, whether it is being tried t the Magistrates’ Court on the lowest level a, or at the Court of Final Apeal on the highest level. We work as a team in handling criminal litigations. Our team consists of lawyer who had worked as the front-line law enforcers, worked in the Legal Aid Department, or been the public prosecutor at the Department of Justice. Hence, our team endeavour to accurately assess your case and provide proper legal advice with our profession knowledge and experience. We would assist you in choosing and instructing suitable barrister-at-law to handle your case.

Procedure of Criminal Litigation
The consequence of criminal litigation could be a rather serious one. In general, the convicted person, whether on a guilty plea or after trial, will have criminal record. During the entire investigation process, the law enforcement agent would made various requests (such as asking you for cautioned interviews, requiring you to assist the investigation) and may from-time-to-time ask you to sign certain written records, which are very critical to your case. Therefore, once the law enforcement agent makes such request, and before you participate any interview, you should promptly seek for formal legal advices and the lawyer’s companion in these occasions. If you have made any involuntarily statement and signed on the written record that of, you should provide your lawyer with the details of the incident, in order to appropriately plan the next step. In the following legal proceedings, whether your case is to be run towards the direction of ‘guilty plea & mitigation’ or ‘non-guilty plea’, you should seek for proper legal advice, analysis and assistance.

In case you have committed any criminal offence, you may approach us for assistance, in order to settle the matters legally. Our lawyer could raise on behalf of you to the Prosecution a without prejudice negotiation and bargain. If the negotiation has been successful, it is possible that the prosecution may agree to offer no evidence against that person on condition that the person agrees to be bound over by the Magistrate, so that you will not have criminal record. Alternatively, we could act on behalf of you to conduct a plea bargain with the Department of Justice, in exchange of a more lenient penalty.

If you are facing criminal charge, or are under criminal investigation and in need of our help, please approach us for arranging meetings.

List of Solicitors handling civil litigation in TWC:
- Mr. Herman Tang
- Mr. Patrick Chow
- Mr. Bruce Liu
- Mr. Melvin Chan
- Ms. Justine Yim
- Ms. Pearl Law
- Mr. Roger Lam
- Ms. Dominique Ngai;
- Mr. Nick Lee

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
- Redemption
- Deed
- 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

Building Management

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.

Intellectual Property

知識產權是一家公司最重要的資產之一,除了一般商業公司的知識產權外,本行亦為傳媒機構、非政府機構及藝術團體就知識產權事宜提供法律意見。

本行提供以下法律服務,以保障你公司/機構的權益:
- 商標註冊
- 就侵權提告
- 就知識產權事宜提供法律意見

負責律師:鄧偉棕律師、陳尚德律師、嚴芷佳律師、羅潔儀律師、林正文律師、陳業森律師、王志傑律師

Bankruptcy Petition

Bankruptcy Petition

If you are unable to repay your debts, our firm could file bankruptcy for you. You do not have to appear in Court; what you have to do is to submit all relevant documents to us, and we will file the bankruptcy petition on behalf of you. During the period of your bankruptcy, your income will be used to repay the debt incurred only when there is surplus after deducting the necessary living expenses from it.

Annulment of bankruptcy.
If you own any assets when you petition for bankruptcy, the Official Receiver’s Office will then take control of all your assets. After the bankruptcy period, your assets would still be held by the Official Receiver’s Office. If, subsequently, your financial condition is improved and you are capable to repay the debts and redeem your properties, we could apply annulment of bankruptcy on behalf of you.

Purchasing the bankrupt’s ownership/Title from the Official Receiver’s Office
If the co-owner of your property has petitioned for bankruptcy, the bankrupt’s ownership and/or shares in the property will be taken over by the Official Receiver’s Office, no matter the bankrupt holds the property as ‘Joint Tenant’ or ‘Tenant in Common’. We could represent you to purchase the bankrupt’s ownership, in order to avoid the Official Receiver’s Office selling the property so as to repay the bankrupt’s debt.

List of Solicitors handling Bankruptcy related cases in TWC:
- Mr. Bruce Liu
- Mr. Melvin Chan

Judicial Review

Judicial review



- 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)

Other services

Our firm provide the following legal services:
- Power of Attorney
- Enduring power of attorney
- Deed Poll (change of name deed)
- committee of the estate to manage and administer his/her property and affairs
- Mediation services
- Annual Legal Retainer Service
- Legal consultation

Companies Registration

Companies Registration

Deed Poll & Power of Attorney

Deed Poll & Power of Attorney