Gallant

BANKING AND FINANCE

Banking work has always been the backbone of our services. The banking and finance practice group of our Commercial Department serves a large number of financial institutions in Hong Kong (including note-issuing banks), in Mainland China (ranging from national banks, domestic banks, offshore banking departments of banks and banks operating in free trade zones) and foreign banks from abroad and we are on the approved list of most banks in Hong Kong.

Our firm is retained by many banks and financial institutions, including banks in Mainland China, banks in Macau, trustee companies and securities companies in Hong Kong, as their annual retainer law firm responsible for all legal matters relating to Hong Kong and other legal issues.

We have assisted banks in Hong Kong in their application for banking licences to operate in Mainland China under the Closer Economic Partnership Arrangement (CEPA) and acted for an international bank in Hong Kong in its joint venture in Mainland China to establish a new national bank in Tianjin, and our services included review of various PRC banking laws and compliance regulations affecting banking operations in Mainland China.

SERVICES PROVIDED INCLUDE:

• Cross-border banking and loan transactions between Hong Kong and Mainland China and the locations of the PRC projects we have handled cover a wide range of provinces and cities, including Beijing, Shanghai, Guangzhou, Shenzhen, Zhongshan, Chongqing, Tianjin, Nanjing, Ningbo, Shantou, Qingdao etc.
• Acting for domestic financial institutions in Mainland China as well as banks from overseas in connection with their Hong Kong and foreign loan transactions as their lead Hong Kong counsel on matters and security relating to Hong Kong
• Reviewing and/or setting forms for the new financial products as well as daily operation of banks and securities companies
• Reviewing and updating lending, guarantee and security documentation for banks and securities companies
• Secured loans, project loans, acquisition financing and syndicated lending
• Reviewing international cooperation and trade agreements between banks
• Advising banks and securities companies on regulatory and compliance matters in relation to banking, securities and regulated activities including issues relating to the Banking Ordinance, HKMA circulars and guidelines, Code of Banking Practice, Listing Rules and SFO-related compliance
• Providing annual retainer services to financial institutions, including conducting regular legal trainings and seminars on updated banking legal practices
• Taking enforcement actions on securities for banks and finance companies and advising them on regulatory and compliance issues including enforcement of listed securities in Hong Kong
• Debt re-structuring and standstill arrangements
• Advising on the sale and purchase of banks and finance companies
• Applying for banking, money lender and securities licences for banks and securities companies
• Assisting banks operating in Hong Kong in their application for banking licences to operate in Mainland China under the Closer Economic Partnership Arrangement (CEPA)

CHINA TRADE AND INVESTMENT

We are one of the few law firms which pioneered China practice in the late 1970's. In 1979, we advised and prepared documentation of the first real estate project in Guangzhou for sale in Hong Kong. In the early 1980's, when the Special Economic Zone was set up in Shenzhen, our firm was naturally called upon to advise and assist in the development of tracts of land near the Shenzhen railway station. From then onwards, our China practice grew in parallel with phases of economic development in China, and our firm has been providing legal services in different areas relating to PRC trade and investment.

EMPLOYMENT

We provide employers, human resources directors and personnel managers with comprehensive advice on all contentious and non-contentious employment law matters. We regularly advise banks, listed companies, various business corporations, tertiary institutions and NGOs on various issues concerning human resources management and personnel matters.

SERVICES PROVIDED INCLUDE:

ADVICE ON EMPLOYMENT LAW

• All types of contractual issues, including drafting and negotiation of terms and conditions of employment, staff handbooks, internal disciplinary procedures and code of conduct of employees
• Internal personnel management and structure
• Privacy and data protection principles in employment-related matters, including those concerning redundancies
• Issues concerning discrimination on grounds of family status, sex, race and disability
• Implementation of various codes of practice concerning anti-discrimination laws, privacy and data protection
• Protection of business secrets and ambit and enforceability of restrictive covenants
• Handling of redundancies and business re-organisation issues
• Industrial disputes and strikes

INSURANCE

Our insurance and personal injury practice group has extensive experience in personal injury and insurance related advice, dispute resolution and litigation. We regularly provide legal advice and service to statutory bodies, insurance companies, insured parties and victims in personal injury matters.

SERVICES PROVIDED INCLUDE:

• Advice on insurance law and practice:
  • interpretation of terms and conditions in various types of insurance policies including Employees' Compensation Insurance Policy, Motor Vehicle Insurance Policy, Contractors' All Risks Insurance Policy, Public Liability Insurance Policy, etc.
  • indemnity provided under the insurance policies and extent thereof
  • recovery of claim and costs payment from tortfeasors
• Acting as mediators in mediation of personal injury claims
• Acting as advocates in mediation of personal injury claims
• Representing insurers in personal injury and insurance related litigation
• Representing insured parties in litigation in defending the claim or alternatively, in settling the claim on terms favourable to clients
• Representing insurers and insured parties in professional and medical negligence claims
• Representing victims or claimants in employees' compensation proceedings and personal injury litigation for claims arising from different types of accident including disaster cases
• Advising statutory bodies on applications from uninsured workers for assistance payment from statutory funds
• Representing statutory bodies on litigation including joining in the proceedings to contest suspicious claims, particularly in cases where the alleged employers are not legally represented or in default of proceedings
• Advising statutory bodies on aspects of carrying out their statutory functions and acting for statutory bodies in litigation

INTELLECTUAL PROPERTY

We handle both contentious and non-contentious intellectual property matters in Hong Kong, Mainland China and other parts of the world for our clients. For Mainland China and overseas matters, we work closely with trade mark attorneys/patent attorneys/lawyers from the relevant jurisdictions.

SERVICES PROVIDED INCLUDE:

• Advising on trade mark availability and registrability for use
• Handling trade mark applications in Hong Kong, Mainland China and worldwide
• Handling trade mark oppositions and revocation proceedings in Hong Kong, Mainland China and worldwide
• Handling patent applications in Hong Kong, Mainland China and worldwide
• Handling design applications in Hong Kong, Mainland China and worldwide
• Drafting assignment/license agreements for trade marks/patents/registered designs and recording the same in Hong Kong, Mainland China and worldwide
• Renewal/maintenance of trade mark registrations/patents/registered designs in Hong Kong, Mainland China and worldwide
• Registration and renewal of domain names
• Handling domain name disputes
• Advising on copyright matters and drafting copyright assignment/license agreements
• Attending hearings before the Registrar of Trade Marks in Hong Kong for proceedings regarding trade mark applications/registrations in the Trade Marks Registry
• Advising on and representing clients for passing off/trade mark infringement/copyright infringement cases in court proceedings as well as any pre-action matters in Hong Kong
• Advising on and representing clients to enforce intellectual property rights (including interlocutory and permanent injunctions and administrative enforcement) in court proceedings in Hong Kong
• Advising on matters in relation to intellectual property portfolio management and commercialization of intellectual property rights
• Conducting audit and due diligence exercises in relation to intellectual property portfolios
• Transactional intellectual property services, for example, providing advice and reports relating to intellectual property rights in merger and acquisition cases and listing cases

LITIGATION AND DISPUTE RESOLUTION

As one of our major practice areas, in Litigation and Dispute Resolution Department there are lawyers specializing in various types of contentious matters. We act for a cross-section of multinational and local banking corporations, insurance institutions, manufacturing, trading, property and construction companies, institutions, NGOs, statutory bodies as well as enterprises engaged in utilities, transportation, telecommunication businesses.

SERVICES PROVIDED INCLUDE (IN ALPHABETICAL ORDER):

ALTERNATIVE DISPUTE RESOLUTION

• Disputes often arise in different scenarios such as commercial or financial transactions, construction, insurance and personal injury, building management, community or matrimonial matters, etc.. All types of processes for resolving disputes, except litigation, are known as alternative dispute resolution (ADR). There are many types of ADR (such as mediation, conciliation, evaluation, expert appraisal, adjudication, arbitration, etc.), which may or may not involve definitive determination. Lawyers in our litigation and dispute resolution department have extensive experience in ADR
• Accredited mediators: Our Accredited Mediators of The Law Society of Hong Kong and The Hong Kong International Arbitration Centre assist parties in a variety of disputes to reach negotiated settlements by mediation. The following lawyers of our firm are Accredited General Mediators:
  
  • Ms Brenda Lee
  • Ms Nancy Chan
  • Mr Frederich Li
• Advising and representing clients as advocates in ADR: Mediation meetings are commonly held during litigation, particularly after the Civil Justice Reform. Lawyers of our litigation and dispute resolution department regularly represent clients in mediation or other types of ADR. We regularly represent clients as advocates in arbitration. For example, in construction disputes, shareholders’ disputes in joint venture projects and international trade disputes, parties often reach an arbitration agreement either as a term incorporated into the underlying contract or subsequently as an independent agreement. We also represent clients in mediation and other types of ADR in disputes without pending legal action.
• Contract drafting: Advising clients on and drafting arbitration clauses or contractual provisions on dispute resolution mechanism, particularly in cross-border transactions. Representing clients in negotiation on arbitration clauses or contractual provisions on dispute resolution mechanism

REAL ESTATE AND TENANCY

Our Real Estate Department is one of the most respected and leading real estate practice in Hong Kong. With 40 years solid experience in real estate transactions, our experienced and dedicated real estate lawyers offer cross-practice quality services in a wide spectrum of property and land related matters. Our clients include major real estate developers and statutory bodies in Hong Kong and we are on the panel list of law firms of MTR Corporation Limited and The West Kowloon Cultural District Authority.

As one of the largest real estate practices in Hong Kong, we are experienced in every stage of the real estate cycle and deliver comprehensive and quality real estate advice through a team-oriented approach. Our full-service real estate team offers a wide range of professional services covering Development and Construction, Commercial Real Estate, Corporate and Retail Leasing, Project and General Conveyancing, and New Territories practice to cope with the needs of our local as well as international clients on all types of real estate transactions.

DEVELOPMENT AND CONSTRUCTION

Our real estate lawyers in this practice group deal with real estate construction and development of various scales involving complex and exciting land or property related issues.

Our works include:

• Acting for developer clients in acquisition of urban as well as agricultural land and negotiation of the terms of land grants
• Advising on variations and modifications of the terms of land grants
• Advising on planning and zoning matters including applications and appeals in relation to the Town Planning Ordinance
• Advising on financing and re-financing of real estate, hospitality development and infrastructural projects
• Advising on and negotiating on behalf of developers in acquiring land or units of old buildings for re-development by consent or under the Land (Compulsory Sale for Redevelopment) Ordinance
• Advising on property redevelopment projects including demolition of existing buildings and new development construction & procurement matters
• Acting for clients in partitioning and/or subdivision of the existing developments and/or buildings including preparation of Deed Polls, Sub-Deeds of Mutual Covenant (Sub-DMCs) and Management Agreements, negotiation with and application for various approvals from the Legal Advisory and Conveyancing Office (LACO)
• Representing landlords and/or tenants in negotiating and preparing design and construction matters for long-term leases of various large-scale developments