The Securities and Futures Commission (SFC), the regulator of the securities industry, has very wide statutory powers under Securities and Futures Ordinance (Cap 571) (SFO). One important power is the power to search premises. This article addresses the following issues : What is a search warrant? What can the SFC seize during a search?…
Hong Kong, known as a global financial hub, offers a conducive environment for e-commerce businesses. However, operating an e-commerce platform, particularly those dealing with monetary transactions, comes with significant regulatory responsibilities. Especially after the pandemic, consumers have changed their shopping habits by adopting contactless payments, online shopping and home delivery. In order to meet the…
Background Starting on 23rd May, 2025, the Hong Kong government has amended the Companies Ordinance, and a new company re-domiciliation regime to facilitate non-Hong Kong corporations to re-domicile to Hong Kong is in force. This article introduces the requirements companies must fulfill to apply for re-domiciliation, the application procedures, and post-application procedures. Requirements for…
Surrogacy laws of Hong Kong, unlike other common law jurisdiction (e.g. UK), are relatively conservative and complex. Up to the date of publication of this article, any forms of commercial surrogacy remain illegal in this jurisdiction as provided for in section 17 of the Human Reproductive Technology Ordinance (Cap. 561) (hereinafter referred to as “HRTO”)….
Probate Action and Revocation of Grant When the probate or letters of administration ought not to have been granted or contains an error, application can be made to the Court to revoke it by way of probate action. Probate action means an action for the grant of probate of the will, or letters of administration…
There have been many cases of personal data leakage recently in private and public sectors. In this Article, we will discuss the privacy law and notification procedures in Hong Kong in the event of personal data leakage. Data Protection Principles under the Personal Data (Privacy) Ordinance Data Protection Principles (DPP) 4(1) and 4(2) …
Division of estate of a deceased is determined either in accordance with: (1) a valid will made by the deceased; or (2) Cap. 73 Intestates’ Estates Ordinance in the absence of a valid will. However, we should be aware of several exceptions, one of them being Cap. 481 Inheritance (Provision for Family and Dependants) Ordinance…
A company that wishes to conduct an initial public offering (“IPO”) in Hong Kong and be listed on the Main Board will need to fulfil all requirements as set out under the listing rules of Hong Kong and apply to the Stock Exchange of Hong Kong (“HKEx”) for listing. The general qualification for listing outlined…
In the Budget 2024-2025, the Hong Kong government cancelled all demand-side management measures for residential properties with immediate effect from 28 February 2024. In other words, there is no more special stamp duty (SSD), buyer’s stamp duty (BSD) or new residential stamp duty (NRSD) is payable for residential property transactions. Buyers and sellers of…
