K B Chau & Co.

Civil litigation

A civil case relates to the legal rights and obligations between two or more persons or institutions. In the event that the parties concerned cannot resolve a dispute themselves, either party may start a civil litigation. This is done in order to seek an independent and impartial tribunal's or court's determination as to whether one's legal rights and obligations are being infringed, and if so, to obtain appropriate compensation and remedy.

The principal branches of civil law include contract, tort, property, administrative, family and revenue law. The law of contract is concerned with the many different types of agreements in which persons or corporations enter into during their daily business. The law of tort is concerned with claims arising out of breaches of a duty of care owed by one individual to another.

The law of property governs the ownership of and the rights in property. This includes land and buildings, and intellectual property such as trademarks, patents and copyright. Administrative law is designed to protect the individual against the abuse of power by the Government or public bodies. Family law deals with divorce and disputes over the custody of children, maintenance of spouse and children and the division of property. Revenue law is relevant to the assessment and recovery of taxes and duties.

Criminal litigation

Criminal litigation relates to the institution of legal proceedings in the name of the Government of the Hong Kong Special Administrative Region against an individual (or an organization) for breach of criminal law. Lawyers can protect the rights of a person so charged by defending him in the proceedings, and in a case in which he is convicted, to mitigate on his behalf, and/or to lodge an appeal.

The criminal laws mainly cover violent crimes, financial crimes, computer crimes, Drug-related crimes and commercial crimes. violent crimes include Indecent assault, fight, assault, Assault causing bodily harm, Aggravated assault, extorts, rapes, manslaughter, Child sexual abuse, Secret photography, misconduct, manage a brothel and murder. Financial crimes include burglary, shoplifting, larceny, shop burglary, robbery, fraud, property damage and arson. Computer crimes include Access to computer with criminal or dishonest intent, hacking, unauthorized access to computer, copyright infringement, BT illegal downloading and pirate. Drug-related crimes include drug possession, Drug distribution, drug manufacture, heroin and LSD. The commercial crime including conspiracy to defraud, defraud, to receive the benefit, corruption, the embezzlement, produce a forged document and utter a forged document.

Conveyance

In a property transaction, the vendor and purchaser will usually sign a provisional agreement for sale and purchase of the selected property. In addition, vendor and purchaser will each appoint their own solicitors to do what is necessary to complete the transaction.

The vendor's solicitor will provide the formal agreement, which is then checked by the purchaser's solicitor. When the terms of the formal agreement are agreed, it will be signed by the parties. Below is a summary of what services will generally be provided by respectively the purchaser’s solicitors and vendor’s solicitors :

Purchaser’s solicitors

1. To draft the assignment
2. To give the cheques for the balance of the purchase price to the Vendor's solicitor
3. To give the keys to the Purchaser, and stamp the assignment at the Stamp Office
4. To register the assignment, discharge and new mortgage document at the Land Registry
5. To give the registered assignment and all other title deeds to the Purchaser

Vendor’s solicitors

1. To approve the assignment.
2. To give the assignment and keys to the Purchaser's solicitors.
3. To undertake to ascertain that all mortgages are paid off within a certain number of days
4. To arrange for the Vendor to pay off all mortgages (if any) on the property.
5. To collect and send the discharge to the Purchaser's solicitors

Matrimonial law

"Matrimonial Cause" means any proceedings for divorce, nullity, judicial separation, presumption of death and dissolution of marriage. Unless the court allows otherwise, petitioner can start a petition for divorce only if he has been married for at least 1 year. The petitioner must be able to prove that he has reasons for saying that the marriage is at an end. The term the court uses is "the marriage has irretrievably broken down".

"Family Proceedings" include proceedings issued under the following Ordinances, and any of their respective subsidiary legislation:

1. Adoption Ordinance
2. Domestic Violence Ordinance
3. Guardianship of Minors Ordinance
4. Legitimacy Ordinance
5. Marriage Ordinance
6. Married Persons Status Ordinance
7. Marriage Reform Ordinance
8. Parent and Child Ordinance
9. Separation and Maintenance Orders Ordinance

Personal Injuries Claims

When a person's injury or death is caused by the negligence of another party, the injured person may institute legal action against the negligent party to claim damages for personal injuries that he/she suffered as a result.

Action for personal injuries may have different causes of action. These "causes" include negligence, trespass on a person, nuisance, breach of a statutory duty, and breach of a contractual duty, etc.

When a plaintiff makes a claim for damages for personal injuries under common law, the limitation period is three years from the date of the accrual of the cause of action. When the claim is one for employees’ compensation in respect of injury at work, the limitation period is 2 years from the date of the accident.

Trademarks & Patents

A patent protects the applicant invention by giving the patent owner a legal right to prevent others from manufacturing, using, selling or importing your patented invention. However, if the requirements for registration are not met, Intellectual Property Department will object to the mark. The applicant will have 6 months in which to meet the requirements. Anyone can view your trademark in the Hong Kong Intellectual Property Journal and lodge an opposition to it. So you may wish to engage a solicitor to help in assist you to register trademark.

On the other hand, if you are the copyright owner and a person commits an offence if he does, among other things, any of the following, you can institute legal action against the infringer in order to get compensation:

1. To make infringing copies for sale or hire
2. To import into or export from Hong Kong, otherwise than for his private and domestic use, infringing copies of a work
3. To possess, with a view to committing further acts of infringement, sell, distribute or otherwise deal with infringing copies of a work for the purpose of trade or business
4. To distribute, otherwise than for the purpose of trade or business, infringing copies of a work to such an extent as to affect prejudicially the copyright owner (e.g. loss of income or business opportunities)

Trust

A settlor can use a legal trust document to settle his own property on express trust for the benefit of beneficiaries. The aim of a trust is to protect the benefit of the beneficiaries. We have reputable trustees who are reliable and able to hold and manage the trust property in the best interest of the beneficiaries.

There could be many reasons for setting up a trust. Some typical reasons include:

1. To reduce or even avoid long period of time that may be needed In probate procedure for the inheritance of estate
2. To enable family business to be carried on for generations
3. To remove the risk of the settler’s assets being affected by his bankruptcy. This is because if the assets have been transferred to the trust, such assets are no longer the property of the
4. To make long-term arrangement to take care of relatives