The following is a general statement of the law as it applies in Hong Kong at the date of writing, but should not be relied upon as legal advice, and professional Hong kong property law should always be taken in individual circumstances. A person aggrieved by a decision of the Director may appeal to the Registrar of the High Court.
Marriage does not of itself create a joint tenancy or confer other rights in the property on the spouse. The development is mainly comprised of one- to two-bedroom flats.
For tenancies created after July 9,termination of contracts is done in accordance to the terms of the tenancy or as agreed between the parties. Where do you want to own your dream home outside Hong Kong?
Tenancy contracts usually contain a clause that prohibits the tenant from subletting the property to another party.
These factors may determine a particular structure for holding and devolution of the property. The Civil Division provides legal advice to the Government on civil lawdrafts commercial contracts and franchises and conducts civil litigation, arbitration and mediation on behalf of the Government.
Such an equitable interest will not be enforced against a bona fide purchaser for value without notice of it, but a gift arising under a will or intestacy would be subject to it. There are no significant differences between the two except for the length of tenancy.
The cost of any damage or reinstatement work necessary to the apartment, other than fair wear and tear, will be deducted from the deposit before repayment. A will can appoint guardians of infant children in the case of the death of the last parent, and should do so in order to avoid the necessity of an application to court if the children are in Hong Kong.
Probate and Administration Ordinance Cap. Hong Kong law does not apply any form of "reserved portion". The Probate Registry is often criticized for delays in the application process. I once participated in competition as well. The area has great potential for development. June 20, Recent changes in the law such as the removal of the security of tenure and the ability to forfeit a contract after 15 days of delay in rental payment or persistent delays in payment have changed the balance of power in favor of the landlord.
The Landlord and Tenant Consolidation Ordinance removed security of tenure, i. Among the three projects, which one will give you most satisfaction? In simple cases a year is not uncommon, and more complicated cases particularly involving persons who die domiciled overseas can take very much longer.
Besides a large supply of offices, the area will have the cruise terminal, luxury hotels and shopping malls. As in any common law jurisdiction Hong Kong law recognises the ability of the owner to divide his interest between legal and beneficial ownership, and to place these in separate hands.
Registration and Protection of a product or invention by Patents, Trademarks and Copyrights Anti-Counterfeiting and enforcement of Intellectual Property Rights Enforcement of Intellectual Property rights on online trading platforms Licensing and Franchise Agreements Copyright and Passing-off Disputes Negotiation and Resolution of Intellectual Property Disputes Conduct of administrative action and court proceedings against Intellectual Property infringement including injunctions and claims for damages Domain-name dispute resolution and Internet related issues Intellectual Property Audit Intellectual property is a broad topic that encompasses various types of original creations.
The legal profession[ edit ] See also: The making of a will is entirely voluntary, and for cultural reasons many local residents do not do so. Lawyers in this division also participate in the negotiation of agreements with other jurisdictions and handle requests to and from the HKSAR for international legal co-operation.
The division advises on issues relating to the administration of justice, the legal system, the legal profession, human rights, the Basic Law and the law of Mainland China.
And there were at least 1, practising barristers in chambers.
If there are no surviving children, parent or siblings, the entire estate after payment of debts and expenses will devolve on that spouse. Supplementary Legal Aid Scheme This scheme provides legal representation to the sandwich class whose financial resources are above the upper eligibility limit for legal aid i.
But I can assure you that we have sufficient capital to finance our development. The principal issues surrounding inheritance of Hong Kong property tend to be taxation ones in the home country of the deceased or his heirs. These frequently do not coincide with the intentions of the individual concerned.
What rights do landlords and tenants have in Hong Kong, especially as to duration of contract, and eviction? Only a small proportion of the public rental market is actually rent subsidized. A periodic tenancy, however, will be terminated by a notice to quit in accordance with the common law, typically one rental period e.
It will require evidence of that law, normally by an affidavit of law given by a qualified practitioner in the relevant jurisdiction. The other courts are: Any subletting by the tenant will be a breach and the landlord can institute legal action for compensation.
If forced heirship issues may be relevant a suitable trust structure may be considered. Whoever obtains such a foreign judgement would have to try and persuade the Hong Kong court to enforce it.
However, in appeal cases, the Director of Legal Aid must be satisfied that there are meritorious grounds for appeal with a reasonable prospect of success.Civil Litigation, Criminal, Company, Intellectual Property and Family Law Firm in Hong Kong + Boase Cohen & Collins was founded by Melville Boase and Colin Cohen insince when it has become strongly established as a leading independent full-service law firm equipped with Hong Kong knowledge and global reach.
In the case of intestacy, Hong Kong law will apply to immovable property situated in Hong Kong, and the court will look to the law of the domicile of the deceased in respect of moveable property.
It will require evidence of that law, normally by an affidavit of law given by a qualified practitioner in the relevant jurisdiction. In Hong Kong these include sale and purchase as well as mortgage and leasing transactions in respect of residential, commercial and industrial properties – for both en bloc and strata title transactions.
The common law definition of land includes the surface of the earth, together with all things of a physical nature above and below the land surface, such as minerals, buildings, and, trees.¹ In Hong Kong, there are several statutory definitions of real property.
Our intellectual property Hong Kong and China teams have the capacity and experience to offer you the right service. The Intellectual Property team in OLN's PRC office together with the Intellectual Property team in our Hong Kong office provide intellectual property asset management for brand owners and investors.
Kino Law Kin-yat, 28, worked in UBS’s investment banking department before joining his family’s Park Hotel Group in A year later he founded K & K Property with his father, Law .Download