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Alfred Ip and Azan Marwah discuss the importance of marriage and the value of family within society, including same-sex couples. Such value needs to extend protections afforded to everyone as a fundamental right, also when things break down, for example in case of divorce. Alfred Ip provides practical reasons why same-sex couples should still get married (overseas): examples span from stamp duty to basic protections related to inheritance. He also comments on the high cost of time, pressure and money for individuals, the government and tax-payers to have these cases heard in court. Azan Marwah points out the need for more people to come forward and bring challenges in order to keep the pace of progress. Moreover, he highlights the rights that these individuals have in being protected by anonymity. SHOW NOTES: 00:32 The importance of marriage and its value in society 03:55 Evolution of marriage in Hong Kong 08:05 Landmark court cases 13:36 Failing to implement new legislation 16:42 Practical reasons to get married 18:50 Rewards of changing the status quo 21:33 Anonymity orders

Jeffrey Chan and Geraint Ho discuss frauds involving cryptocurrencies and the possible remedies available to scam victims to recover assets, including different types of injunctions. Moreover, they highlight how bankers trust orders and Norwich Pharmacal orders can be used in order to trace funds and then pursuing the scammers in court to obtain and then enforce a judgment against them, or alternatively by obtaining a vesting order or a garnishee application. They conclude the podcast episode by highlighting some UK and Hong Kong court cases, as well as talking about differences between recovering fiat and crypto currencies in the ever-developing methods Show Notes01:04 Different types of scams 04:23 Mareva injunctions 05:23 Proprietary freezing injunctions 06:43 Tracking down the funds 09:07 Obtaining and enforcing a judgement 10:35 Court cases: AA vs Persons Unknown 11:24 Court cases: Lavinia Deborah Osborne 12:47 Court cases: Ion Science 13:31 Court cases: Samara v Dan 19:00 Traceability of transactions To learn more about our Dispute Resolution practice: https://www.hugillandip.com/legal-services/dispute-resolution/

Geraint specializes in civil litigation, with a specific focus on commercial and estate-related disputes. Geraint qualified as a solicitor in early 2020 and is the first of Hugill & Ip’s home-grown lawyers. Drawn to the dynamic and often competitive nature of contentious work he is most at home with the firm’s dispute resolution team. Aside from a broad civil and commercial disputes practice, Geraint takes interest and specializes in probate and estate-related disputes; challenges to Wills, ownership disputes on estate assets, financial provision claims and dealing with wayward executors are all prominent aspects of his work. He also assists professional administrators with their duties, particularly where Court applications are involved. In 2022 Geraint was recognised Future Star by Benchmark Litigation for his contentious private client work. He has also received the pro-bono award from The Hong Kong Law Society for his service to the community. To learn more: https://www.hugillandip.com/solicitors/geraint-ho/

Alfred Ip talks to Hannah Bisson (Director of Business Development at Trident Trust) and Henno Boshoff (Counsel at Harneys) about the main reasons clients set up a Trust – might these be for ringfencing business assets or for giving back to the community or for tax reasons. SHOW NOTES: 01:50 Main reasons for setting up a Trust 09:37 How to choose a Trustee? 14:27 Who to add as a beneficiary? 18:02 Most common Trust structures 35:24 Understanding assets to be included in the Trust 39:48 Inter-vivos Trusts vs Will Trusts: pros and cons to consider 42:42 Setting up a Trust in an off-shore vs on-shore jurisdiction 48:47 Fees for setting up and managing a Trust If you wish to learn more about our Private Client, Probate & Trust practice, please check the dedicated section of our website: https://www.hugillandip.com/legal-services/private-client-probate-trust/

Frances specialises in family law: divorce and separations as well as children custody, care and control. She also represents clients in matters related to inheritance provisions for dependants. Learn more: https://www.hugillandip.com/solicitors/frances-tsang/

Frances Tsang and Raphael Wong discuss key elements related to adoption: criteria and procedures for adopting, the difference between doing an adoption privately or through the Social Welfare Department, getting consent following a court application, and the effects of adoption. They also highlight cases and first-hand experience in recent years. Show Notes01:03 Different types of adoption 02:05 Statistics 03:08 Criteria 05:16 Consent and restrictions 16:27 Adoption by same-sex couples 17:51 The role of the Social Welfare Department 23:25 Overseas relocation Learn more: https://www.hugillandip.com/2023/01/podcast-s4e4-family-the-adoption-process-in-hong-kong/

Raphael specializes in Family and Private Client practice, including matrimonial, Probate & Trusts – both contentious and non-contentious. Learn more: https://www.hugillandip.com/solicitors/raphael-wong/

Jacqueline assists clients with non-contentious cross-jurisdictional probate and estate administration legal matters, as well as estate planning and drafting wills for high net-worth individuals. Learn more about her: https://www.hugillandip.com/solicitors/jacqueline-cheng/

Hong Kong families are generally familiar with using different assets holding structures (including off-shore structures) to hold their family assets, businesses, real estate and investment portfolios. However, such structures may have been set up without the assistance from professional advisors or may no longer be fit for purpose which can give rise to disputes. We are one of the few law firms in Hong Kong with a dedicated practice in contentious trusts and estates, combining our expertise in advising private clients in their wealth and estate planning and resolving any potential disputes among family members. Get more insights about our Contentious Trusts & Estates: https://www.hugillandip.com/legal-services/contentious-trusts-estates/

Alfred Ip and Geraint Ho discuss how family businesses and asset-holding companies can add another layer of complexity to family wealth disputes. They share common scenarios of wealth disputes and some of tips on how to best avoid these situations when setting up a family company or when planning its generational succession. Show Notes00:57 The purpose of asset-holding vehicles 06:36 Family business and generational succession 11:06 Articles of Association 13:55 Common family business disputes 18:18 Valuation of a business 20:04 The importance of proper Estate Planning Learn more: https://www.hugillandip.com/2022/10/podcast-s4e3-contentious-trusts-estates-family-disputes-involving-companies/

Adam Hugill walks through the Labour Tribunal rules, procedures and what to expect in employment disputes. He references his experience giving practical advice and using real-life examples. Show Notes 01:27 The purpose of the Labour Tribunal 02:52 Type of claims and limitation period 05:08 Transferring claims to other courts 05:54 How does the process work? 08:12 Settlements 09:18 Duration and managing stress  12:00 Some examples of Labour Tribunal trials 14:34 Witness evidence and VCF 18:35 Appeals 21:04 Legal costs and recoverable expenses Learn more & Subscribe: https://www.hugillandip.com/2022/07/podcast-s4e2-employment-labour-tribunal-proceedings/

We celebrate Labour Day with a discussion on parental leave policies and challenges that Migrant Domestic Workers (MDWs) face with employers during pregnancy. Alyson Hau (Presenter & Producer, RTHK) asks our Adam Hugill about legal protections afforded to individuals in case of discrimination in the workplace as well as the relatively recent legal changes to parental leave, while Alisha Fernando (Head of Diversity & Inclusion – APAC at Bloomberg LP) highlights the family-friendly policies that the company grants to its staff and the upsides of talent attraction and retention that should be at the core of every business. Catherine Gurtin (CEO of PathFinders) talks about issues related to (mostly unplanned) pregnancy of MDWs and gives advice to employers.

Businesses are advised by our data privacy experts for help in adopting sound privacy and security practices, ensuring regulatory and legal compliance, and protecting their competitive advantage. Get more insights about our Data Privacy practice: https://www.hugillandip.com/legal-services/data-privacy/

We are pleased to bring you a webinar co-hosted with PathFinders. Catherine Gurtin and Alfred Ip discuss how to put the right mechanisms in place for the safety and security of children. SHOW NOTES 01:03 PathFinders and the protection of Migrant Domestic Workers (MDW)’ children 03:32 Impact of COVID-19 5th wave on MDWs 07:47 Clients’ urgent issues and timing to find solutions 10:20 The importance of Deeds of Guardianship 17:48 Protecting the best interests of the child 28:00 MDWs’ challenges as mothers and their contribution to Hong Kong society 36:02 How much of a difference can a donation make? 39:40 Estate planning of charitable gifts 42:04 The delicate relationship between MDWs and their employers 47:02 Q&A Learn More & Donate: https://www.hugillandip.com/2022/04/webinar-pathguardianshk-helping-vulnerable-children-and-their-mothers/

Jonathan Gray and Geraint Ho discuss essential considerations that parties who wish to start litigation proceedings should bear in mind. While some are technical civil litigation issues, others might also involve commercial and reputation elements. Show Notes02:09 Initial assessment and contract terms 04:20 Variations and breaches of contract 08:36 Limitation or exclusion clauses 10:05 Jurisdiction and dispute resolution clauses 13:09 Limitation periods 15:05 Collecting evidence 17:54 Non-legal considerations Transcripts & More: https://www.hugillandip.com/2022/03/podcast-s4e1-dispute-resolution-considerations-before-starting-a-commercial-dispute/

We are ready to kick off with a new podcast series of the HIP talks. We will discuss legal issues related to our core practice areas. Available on: Hugill & Ip's website: https://www.hugillandip.com/the-hip-talks/ Apple podcasts: https://podcasts.apple.com/podcast/the-hip-talks/id1493155949 Google Podcasts: https://www.google.com/podcasts?feed=aHR0cHM6Ly90aGVoaXB0YWxrcy5saWJzeW4uY29tL3Jzcw%3D%3D  Spotify: https://open.spotify.com/show/55mdTxGOcYg2rjHXX0WlZw Stitcher: https://www.stitcher.com/podcast/the-hip-talks 

Angus McLean and Adam Hugill talk about the use of social media and the impact that it can have in the workplace. Adam highlights some examples which ended up creating a substantial amount of trouble for the employee. They also discuss an employer's ability to monitor employees' social media accounts and data privacy regulations in Hong Kong. Adam wraps up pointing out real-life issues that employers and employees should pay attention to avoid potential embarrassment or disputes. Show Notes01:02 Social media as a widespread phenomenon 02:00 Justine Sacco case 03:09 Rachel Burns case 05:03 Dismissal – including for gross misconduct 06:36 Monitoring employees' social media accounts 07:33 The 3 As: Assessment – Alternative – Accountability 08:16 The 3 Cs: Clarity – Communication – Control 09:20 Tips for employees 10:04 Tips for employers

We handle all aspects of wills and trusts, estate planning, and probate matters - including estate administration, guardianship and mental capacity issues Get more insights about our practice: https://www.hugillandip.com/legal-services/private-client-probate-trust/

Alfred Ip and Raphael Wong discuss nuptial agreements – prenuptial and postnuptial. They talk about enforceability, legal representation, assets disclosure and renegotiation, as in the high-profile rumored case of Melania Trump and the former US President. They also compare such arrangements for protecting financial assets using Family Trusts and give real-life examples about how individual situations might differ. Show Notes02:59 What is a nuptial agreement? 06:16 Are family trusts an alternative? 07:30 Radmacher v Granatino 09:12 Enforceability of nuptial agreements 12:17 Legal representation of the parties 12:58 Full and frank disclosure 17:17 Reviewing and renegotiating agreements 19:23 Choice of law and choice of court 21:29 To sum up

Jonathan specialises in dispute resolution, acting for clients in a wide range of general commercial disputes covering both litigation and arbitration. He also advises on both contentious and non-contentious employment law matters. Learn more: https://www.hugillandip.com/solicitors/jonathan-gray/