Payne Clermont Velasco Solicitors

Commercial Litigation

LITIGATION AND DISPUTE RESOLUTION

Litigation and Dispute Resolution Legal disputes are, unfortunately, an inevitable consequence of Hong Kong’s status as Asia’s leading financial hub and trading centre.
With the growing complexity of commercial transactions, we take a global strategic approach to resolving disputes for our clients, with the aim of achieving efficient outcomes, including simplifying the litigation process and actively seeking solutions through negotiation and mediation.

We pride ourselves in conducting cases in a timely and cost-effective manner. We aim to improve the cost-effectiveness of cases by ensuring that we understand your business and commercial objectives. To better assess your specific needs, we will render cost estimates where possible to enable you to carry out a cost-benefit analysis of your case. Where appropriate, we will streamline the litigation process and encourage and facilitate settlement.

Our Litigation and Dispute Resolution team represents both Plaintiffs and Defendants in the High Court of Hong Kong and the District Court of Hong Kong in commercial and civil disputes; for example: Broad range of contractual disputes including debt recovery

• Matters under the Companies Ordinance (Cap 622)
• Shareholders, partnership and trusts disputes
• Commercial fraud and asset tracing
• Injunctions - including obtaining Court orders to freeze assets
• Torts - including negligence claims
• Landlord and Tenant
• Employment
• Defamation
• Probate
• Bankruptcy and insolvency

It is important that you seek legal advice without delay, if you are involved in a dispute or you have a claim brought against you. The preliminary stages of litigation are very important because the steps you take at the outset may significantly affect the future conduct of the proceedings.

Please feel free to contact us for a complimentary consultation.

Criminal Law

CRIMINAL LAW

Payne Clermont Velasco solicitors are experienced in representing clients at all stages of criminal matters, from the very first investigation interview all the way through to the conclusion of trial or appeal. We assist clients who are involved in investigations and prosecutions by the:

• Hong Kong Police Force
• Commercial Crime Bureau (“CCB”)
• Independent Commission Against Corruption (“ICAC”)
• Immigration Department
• Customs and Excise Department
• Securities and Futures Commission (“SFC”), and
• Other crime prevention departments

We are experienced in handling serious criminal matters such as:

• International Money Laundering
• Drug Trafficking
• Allegations of Fraud
• Using a False Instrument
• Other Commercial Crimes

As well as lesser offences such as:

• Assault
• Dangerous Driving
• Careless Driving

We understand the stress and worry that clients and their families have to go through when clients are charged with a criminal offence.  We give immediate attention and attend to clients who are under arrest at police station or in custody at detention centres.  We are available on an emergency basis for clients detained in custody 24 hours a day. Payne Clermont Velasco solicitors has extensive experience in assisting clients in bail applications, liaising with prosecution for dismissal of charges and bind-over orders, guilty pleas and mitigation.

We are familiar with criminal procedure in Hong Kong, including how police conduct investigations and interviews, how the prosecution prepares its case, the rules of law and evidence that Magistrates and Judges rely on when hearing cases and imposing sentencing. We appear on behalf of clients in the Magistrates’ Courts and attend hearings and trials held in the Magistrates’ Courts and the District Court.  We also handle appeals in the Court of First Instance, Court of Appeal and Court of Final Appeal.

We select and instruct suitable barristers to act for clients at appropriate stages. Anyone who is facing a criminal charge, no matter how trivial, will benefit from obtaining advice from our competent criminal defence lawyers because we strive for the best outcome for our clients.  We have successfully defended our clients in their cases and achieved best results in pleas of mitigation for our clients, receiving the lowest possible sentence.

Our defence lawyers speak English, Cantonese, Mandarin and Tagalog.

Employment Law

Payne Clermont Velasco solicitors has experience acting for both employers and employees, in employment disputes.

Our firm has acted for senior executives in the banking and finance industry; the transport and logistics industry; the education sector; the fashion industry; and manufacturing industry.

We regularly review and comment upon draft employment contracts, prior to commencement of employment. We also advise clients, in the lead up to termination of employment, on their termination entitlements, including the requisite notice of termination and separation agreements.

Post-termination, the firm has assisted clients to bring claims for:

Damages for wrongful termination of employment (including constructive dismissal; wrongful summary dismissal; failure to give adequate notice of termination; termination in breach of the Employment Ordinance)

• Wages in arrears
• Wages in lieu of notice
• Annual leave pay
• Severance pay; Redundancy pay; Long Service Pay
• End of year payment (Chinese New Year Bonus or 13th Month Bonus)
• Incentive payments and Commission
• Failure to reimburse legitimate expenses

Conversely, Payne Clermont Velasco has assisted corporate clients to lawfully terminate employees by advising on requisite notice periods; benefits due upon termination; and drafting exit letters, separation agreements, confidentiality agreements and releases and waivers.

Our solicitors have attended reconciliation meetings at the Labour Relations Division of the Labour Department, where potential claims by former employees have been successfully settled and expensive, protracted litigation averted.

We have also assisted clients with claims in the Labour Tribunal and acted for clients when Labour Tribunal Claims are transferred to the District or High Courts.

The firm has successfully defended company directors prosecuted in the Magistrates Court as a consequence of non-payment of Labour Tribunal awards.

If you need assistance with your employment law matter, please contact Gregory Payne at [email protected]

Family Law & Divorce

FAMILY LAW & DIVORCE

Family separation is a difficult time. Payne Clermont Velasco solicitors assists clients through all stages mediation, divorce, custody and financial settlement.

Mediation, Negotiation and Dispute Resolution:

• Financial issues
• Children and parenting issues
• Disputes over access to children
• Uncontested divorces and divorces by agreement

Marriage Breakdown:

• Divorce

Children:

• Custody, care and control orders
• Enforcement and variation of custody, care and control orders
• Preventing child abduction and unlawful removal of children from Hong Kong

Maintenance Obligations:

• Interim maintenance / maintenance pending suit
• Spousal maintenance / periodical payments
• Child maintenance
• Enforcement and variation of spousal and child maintenance orders

Financial and Related Matters:

• Division of Assets
• Entitlement to MPF and Orso
• Trusts
• Company and partnership issues
• Wills

Financial Agreements:

• During separation (Deed of Separation)
• “Clean break” division of matrimonial assets

Injunctions and Restraining Orders:

• Family violence difficulties
• To preserve matrimonial assets / prevent dissipation

Visa Advice

• Advice on Hong Kong visa requirements for foreigners holding dependent spouse visas, during marriage breakdown

Wills and Probate

WILLS AND PROBATE

Payne Clermont Velasco solicitors are experienced in advising and representing clients in relation to their estate planning and probate matters in Hong Kong.

ESTATE PLANNING

Our firm has assisted its clients in planning their estates by preparing a Will, a Deed of Temporary Guardianship, and an Enduring Powers of Attorney. A Will is a legal document which sets out your wishes regarding the distribution of your property and care of any minor children. We have advised on, and drafted, Wills for our clients, which cater to their individual needs. When our clients have minor children, we advise them to also execute a Deed of Temporary Guardianship, in order to prevent the minor children not having a legal guardian during the time between the date of the death of both parents and the date of obtaining a Grant of Probate.

In addition to advising on estate planning upon death, our firm also assists clients to execute an Enduring Power of Attorney. An Enduring Power of Attorney is a legal document that sets outs the wishes of a person regarding his/her financial matters, in the event that he/she becomes mentally incapacitated, by appointing an attorney to administer and manage his/her financial matters.

PROBATE MATTERS

We are sympathetic to our clients’ loss of a loved one and we understand that this is a difficult time for our clients. Our team has considerable experience assisting clients with all aspects of probate in Hong Kong. Our firm has acted for clients located in Hong Kong and overseas in their applications for a Grant of Probate, Letters of Administration and resealing of a foreign Grant of Probate in Hong Kong.

An application to the Probate Registry of the High Court of Hong Kong for a Grant of Probate must be made by the executor appointed under the Will, when a deceased died leaving a Will, in order to administer and distribute the estate pursuant to the wishes of the deceased under the Will. An application to the Probate Registry of the High Court of Hong Kong for Letters of Administration must be made by the next of kin of the deceased, in order to become the administrator of the estate of the deceased, pursuant to the Intestates’ Estates Ordinance, if a deceased died without a Will.

In cases where a Grant of Probate has already been obtained in a foreign jurisdiction, our firm can assist the executor or administrator to reseal the foreign Grant of Probate or obtain a fresh Grant of Probate in Hong Kong, to enable them to administer and distribute the estate of the deceased in Hong Kong.

For any enquiries about wills and probate, please contact Ms. Jaerey Velasco [email protected]