Howse Williams

Banking & Finance

Our Banking & Finance practice primarily covers general transaction banking and advisory works with a specialisation in corporate lending and international trade finance. We represent banks, licensed money lenders, listed companies, securities firms, funds, financial advisors, institutional investors in financing transactions and product reviews, as well as a wide variety of borrowers operating in many different businesses and industries.

Key areas of practice include: 

• Acquisition finance
• Asset-backed finance
• Banking dispute resolution
• Bilateral and syndicated working capital and trade loans
• Bonds and debt security
• Credit instruments
• Credit risk portfolio management
• Credit transaction and trade finance template review and set-up
• Documentary credits, e.g. LCs, standby LCs, bank guarantees
• Export credit agency backed finance
• Financial restructuring and bankruptcy
• Financial services regulatory and licensing
• Negotiable instruments, e.g. bills of exchange, bank drafts
• Open account finance
• Secured and unsecured general lending
• Security / collateral creation and enforcement
• Structured trade finance
• Structured notes
• Trade receivables / supply chain finance programs

Corporate Governance

Our extensive experience in corporate & commercial matters allows us to assist our clients in meeting their day-to-day legal compliance obligations in areas such as corporate governance, directors' liabilities and responsibilities, shareholders' rights and compliance with the listing rules of the Hong Kong Stock Exchange. We advise directors, board committees and management on their duties and responsibilities including corporate governance, best practices and strategies. We also provide training and seminars on corporate governance matters and act for listed companies in relation to their compliance and disclosure obligations.

Dispute Resolution

"While they have the resources of a big international firm, they have the local know-how and know the market well."  Client testimonial in Chambers and Partners 2022

"The service levels are exceptional and you feel in very safe hands. The response time is short and the advice has always been to the point, without any additional baggage…. The team is not there to just run the matter but to protect my interests at all levels."  Client testimonial in Chambers and Partners 2021

Howse Williams specialises in dispute resolution both in Hong Kong and internationally. The firm handles complex multi-jurisdictional commercial cases involving sale of goods; trade finance; media law; fraud; shareholder, joint venture, employment, property and franchise disputes; insolvency issues; injunction proceedings; jurisdictional challenges; public inquiries and judicial reviews.

Key areas of practice include: 

• Financial services and corporate regulatory disputes
• Clinical negligence and healthcare
• Insurance
• Professional indemnity and D&O
• Employment
• Shipping and international trade
• Marine personal injury
• Contentious probate and trusts
• Property and building management
• International Fraud

Employment

"Howse Williams has a very good understanding of cross-cultural differences and knows how to deal with multi layered companies" Client testimonial in Chambers and Partners 2022

"HW has a great team, headed by Patricia Yeung. The team is very technically savvy but also practical and commercial."  Client testimonial in Legal 500 2022

"The advice we received was excellent. It was well constructed, thorough, easy to follow, and received in a timely manner."  Client testimonial in Chambers and Partners 2021

"The team is extremely knowledgeable, dedicated, and professional, and able to explain concepts in layman’s terms."  Client testimonial in Legal 500 2021

Patricia Yeung heads Howse Williams' employment team, which provides contentious and non-contentious employment and immigration advice to both employers and employees in Hong Kong. We advise on all aspects of the fast changing contractual, common law and statutory employment law framework.

Key areas of practice include: 

• Compromise agreements
• Confidential information and trade secrets
• Corruption
• Discrimination (marital status, disability, race and sex)
• Employee incentive schemes
• Executive bonus, share option and pension schemes
• Health and safety
• Hiring
• Industrial espionage
• Immigration
• Internal disciplinary proceedings
• Internal staff handbooks, policies and procedures
• Investigations
• Leave rights and entitlements
• Mandatory provident fund
• Minimum Wage Ordinance
• Personal data
• Post-termination restrictions (e.g. non-compete, non-solicitation, non-dealing, restrictive covenants etc.)
• Prevention of Bribery Ordinance
• Privacy
• Regulatory
• Reference letters
• Retirement schemes
• Springboard injunctions
• Termination and redundancies
• Transfer of business
• Union activity

For assistance with employment matters please contact the Head of the Employment Practice, Patricia Yeung (direct line: 2803 3748; email:  [email protected]).

Family and Matrimonial

"Howse Williams handled my divorce proceedings with precision, professionalism and empathy. They helped me come to a favourable result and guided me through it with sound advice and excellent strategic foresight" Client testimonial in Chambers and Partners 2022

"They are experienced, professional and humanistic at the same time …. In a number of situations, their invaluable legal input has saved my child from unnecessary stress and mistreatment. I also highly appreciate their effort in guiding the case away from unnecessary emotional escalation." Client testimonial in Legal 500 2022

"I would like to thank you again for everything you did for us. Your team is amazing, you are always there for your clients, even on weekends and at night time. I'm sure the result of yesterday's trial is your hard work. I, as a client, can't imagine anything I would want you to change in the way you deal with your cases." HW family team client

Our Family Department covers three areas of practice:

Matrimonial and relationship breakdown

Probate, Wills and Estate Planning

Trusts, usually arising in the context of the above.

In respect of matrimonial and relationship breakdown, our clients are inevitably undergoing a stressful and difficult period in their lives; we provide a personal, practical and cost-oriented approach.  We work closely with other professionals in the field of family disputes, including psychologists and accountants, but particularly mediators, to provide the best solutions for our clients.  We fully support dispute resolution in the form of mediation, both in respect of children and financial matters; two  members of our department are trained in collaborative practice.  We are accessible, respond immediately when emergencies arise and provide our services efficiently and effectively.  Our clients' privacy and confidentiality are treated with the utmost importance.  We ensure that our clients have a realistic idea of what can be achieved.  We have no hesitation in taking action by way of legal proceedings immediately if the necessity arises, but overall our approach is conciliatory.  We are mindful that the cases we handle are very sensitive and frequently involve children.  We provide practical solutions and protect our clients’ interests.

Our clients include a broad range of individuals from all walks of life, including spouses and partners who have devoted substantial time to the home and bringing up children, as well as professionals, business owners, and people well known in the community.  Our clients frequently have connections with other jurisdictions around the world.  Consequently our children cases often cover the circumstances of international child abduction or applications for permanent relocation of children to other countries.  The vast majority of our cases cover assets in multiple jurisdictions around the world, ranging from modest assets to families with complex commercial structures and high net worth.

Key areas of practice include:

• Divorce, nullity and separation, which almost always include negotiations and court applications in respect of children and finances as well as the logistics of separation or divorce
• Stand-alone disputes involving the custody, care and control of children, access disputes, wardship applications and maintenance for children
• Other children issues including paternity, schooling and name change applications both for married couples and cohabiting couples
• From time to time matters of surrogacy
• International child abduction applications in Hong Kong and through family law colleagues in other jurisdictions, both in respect of return of children  to their habitual residence  under the provisions of the Hague Convention in signatory countries and in non-Hague Convention countries seeking orders in Hong Kong and the overseas jurisdiction to secure the return of children from those countries.
• Financial applications for maintenance pending suit, including financial costs contributions, on-going maintenance claims and capital claims including lump sum provision and property transfers or sale of property.
• Emergency injunctions to prevent the disposal of assets (including worldwide Marevas), injunctions to protect the victims of domestic abuse and domestic violence, and sometimes to restrain particular conduct in respect of children.
• Orders for the setting aside of financial transactions which have been made to defeat a client’s financial claims
• Applications for adoptions
• Nuptial agreements, both pre-nuptial and post nuptial as well as separation agreements
• Advice upon reputation management and media issues arising from breakdown of relationships
• Probate applications, drafting of wills and estate planning, assistance with drafting of deeds of family arrangement
• Advice on trusts, setting up charitable bodies, drafting of family trusts and educational trusts, or variation of the provisions of existing trusts.  We have solicitors who are full members of the Society of Trust and Estate Practitioners (STEP) and are qualified Trust and Estate Practitioners.

Insurance

"A substantive practice and a good reputation" Client testimonial in Chambers and Partners 2022

"Professional, practical and commercial approach to solving legal issues."  Client testimonial in Chambers and Partners 2021

Our insurance team acts for underwriters, brokers and intermediaries, principally regarding policy issues, coverage disputes as well as personal injury and employee compensation claims.

We provide a full service in respect of insurance and reinsurance matters, including policy drafting and interpretation, coverage issues, contracts, regulatory advice and crisis management. Our diverse international clients include insurance and reinsurance companies, brokers, Lloyd's syndicates, corporate and individual policyholders, administrators and liquidators.

To best assist our clients, we leverage our in-depth knowledge in drafting and interpreting policy terms as well as handling non-marine and marine insurance and reinsurance disputes in litigation, arbitration and mediation. We are accustomed to working with liquidators and administrators in the insurance industry when they encounter financial difficulties.

Key areas of practice include: 

• Admiralty insurance
• Asset and structured finance
• Business interruption insurance
• Corporate and regulatory insurance
• Directors' and officers' liability insurance
• Event insurance
• General insurance and reinsurance
• International trade
• P&I insurance
• Personal injury
• Professional indemnity
• Shipping insurance

Property

Our clients include some of the largest international real estate service agencies, listed property developers, international and local building management companies, quasi - government bodies, property investment funds; incorporated owners of commercial / residential buildings; commercial and individual landlords and tenants in Hong Kong.

Key areas of practice include: 

• Rights and obligations under land documents, such as Deeds of Mutual Covenant, Government Grants, building plans, house rules etc.
• Drafting Deeds of Mutual Covenant, house rules, leases, licences and other land related documents
• Interpretation of occupation permits and advising upon usage of premises and material change of use
• Issues of easements / right of way, illegal structures, adverse possession, nuisance claims, common areas, slopes, defective buildings
• Advising upon the terms of residential and commercial / retail tenancy agreements and resolving landlord and tenant disputes involving residential and commercial / retail properties and issuing proceedings for outstanding rent / management fees and related damages together with applications for possession of properties
• Disputes between incorporated owners and owners of property in claims for breaches of Deeds of Mutual Covenant including the making of emergency injunction applications
• Disputes involving breaches of construction / building contracts for negligence and fraud
• Advising incorporated owners and building managers upon tendering exercises, budget and accounts and contribution of funds
• Advising building managers / incorporated owners upon powers, rights and obligations
• Advising upon judicial reviews in connection with government policies on land development
• Reviewing, drafting and negotiating sale and purchase agreements of properties and other land related documentation
• Advising on titles of properties
• Identifying title defects and advising on available remedies
• Handling sale and purchase, gift, mortgage and other transactions involving properties
• Advising on terms of Government Grants including Modification Letters and Waivers
• Advising on permitted usage of lands
• Advising on issues relating to Government Grants enforcement actions
• Advising on terms of Deeds of Mutual Covenants and rights and obligations amongst co-owners
• Reviewing, drafting and negotiating leases and surrenders
• Advising on tenancy matters and rights and obligations between landlords and tenants

Wills, Probate & Estate Administration

Our Family Department assists clients in probate matters and with all aspects of estate planning and administration, from the drafting of wills and letters of wishes to taking out the necessary applications in court to protect and administer estates. We deal with estates of all sizes for clients both local and overseas. In particular, our probate practice has an international element and we frequently advise with respect to estate matters which involve several jurisdictions, including probate in those jurisdictions or the re-sealing of wills. We provide expert opinions on Hong Kong probate law in foreign probate proceedings. 

Key areas of practice include:

• Drafting of Wills
• Applications for grants of probate and/or administration
• Advice on and drafting of Enduring Powers of Attorney
• Advice on Advance Health Directives
• Advice on applications under the Mental Health Ordinance
• Applications under the Inheritance (Provision for Family and Dependants) Ordinance. 
• Advice and drafting of Deeds of Family Arrangement in matters of disputed estates.

We also have experience in contentious probate matters such as disputes over the validity of wills and the removal of executors and trustees.

Trusts & Wealth Preservation

"The team is flexible, sensible and easy to work with"  Client testimonial in Legal 500 2021

Our team has extensive experience advising high and ultra high net worth individuals and their families, entrepreneurs, family businesses and trustees from Hong Kong, the PRC, or internationally. 

We are trusted legal advisers providing advice and support to our clients on a wide range of contentious and non-contentious wealth preservation,  inheritance and succession matters.  Our private clients range from high profile to discreet individuals.

Our team includes solicitors who are full members of the Society of Trust and Estate Practitioners (STEP) and are registered Trust and Estate Practitioners.