Our Founding Partner Mr. Peter Sit and Senior Partner Mr. Joseph Wong were honoured to be invited to attend the inauguration ceremony of the Hong Kong Shunde Science and Technology Innovation Liaison Office (Talent Liaison Station).
Led the Foshan Shunde District Science and Technology Bureau, the Liaison Office serves as a bridgehead connecting Shunde with Hong Kong's technology and talent resources. Its key functions include linking science and technology parks, universities, and research institutions in Hong Kong, facilitating the implementation and commercialisation of Hong Kong technological innovations in Shunde industries; attracting high-level talent, young innovators in science and technology, and cutting-edge projects; and to supporting Shunde enterprises seeking Hong Kong listings, fostering connections with the Hong Kong Stock Exchange and venture capital funds to meet financing needs.
Following the inauguration ceremony, our representatives joined government officials and other distinguished guests in discussions on talent recruitment and cooperation initiatives.
We are deeply grateful to the Hong Kong Shunde Science and Technology Innovation Liaison Office (Talent Liaison Station) for this valuable opportunity. supporting deeper collaboration between Shunde and Hong Kong in advancing science and technology innovation and promoting cross-border commercial development.
Our Trainee Solicitor Christy Hui’s article, “Arbitration at the Edge of Insolvency: Hong Kong Offshore Strategy after Guy Lam, Sian and Hyalroute”, has been published in the January 2026 issue of Asian Dispute Review.
Focusing on structures in which an immediate holding company is incorporated in the British Virgin Islands (BVI) or the Cayman Islands, this article highlights how variances in approaches to insolvency are no longer merely theoretical but central to strategies for enforcing arbitration clauses. It focuses on how, over the past two years, courts in Hong Kong, the BVI and the Cayman Islands have adopted diverging approaches to arbitration clauses in cases in which creditors seek to wind up debtor companies.
As helpfully compared by Christy, in Hong Kong, arbitration clauses remain a robust shield against liquidation, whereas in the BVI and Cayman Islands, arbitration clauses offer less protection. This asymmetry encourages forum selection by creditors at the debtor’s jurisdiction of incorporation. Hong Kong and BVI/Cayman Islands courts are now apparently moving in divergent trajectories in reconciling arbitration agreements with insolvency remedies. The key insight is not simply that Hong Kong courts are ‘pro-arbitration’ and offshore courts are ‘pro insolvency’. Rather, arbitration clauses now operate as asymmetric tools that may shift bargaining power.
SFKS practices a wide range of dispute resolution, and advises on the drafting and application of arbitration clauses. SFKS also has a vibrant insolvency related legal practice, with abundant exposure to multinational corporations and listed companies with offshore corporate vehicles in different stages of their business cycle.
Our Partner Mathew Liu recently conducted an engaging full-day training session on fundamental legal concepts related to the Employment Ordinance (Cap. 57) for officers of the Labour Department of the Government of Hong Kong.
Understanding Employment Law: A Cross-Disciplinary Approach
Employment law is a vital cross-disciplinary field that integrates principles of contract, tort, statutory protections, and criminal liabilities. The workplace can be a complex and dynamic environment prone to disputes. Therefore, it is crucial for frontline officers, whether from the government, corporate entities, statutory bodies, public institutions, or NGOs, to possess a solid foundation in legal knowledge. This understanding is essential for navigating the legal system in Hong Kong and for applying relevant legislations and legal principles effectively in their everyday roles.
Tailor-Made Legal Services for Employers and Employees
SFKS offers comprehensive and customized legal services to corporate employers, particularly in the realm of human resources management, dispute resolution and insolvency. Additionally, we provide expert advice to employees regarding their rights and obligations during employment and beyond.
By equipping Labour Department officers with essential legal concepts, we aim to foster a better understanding of employment law, ensuring that both employers and employees can effectively manage their rights and responsibilities in the workplace.
Revisiting Service of Notice of Appeal in Hong Kong: From FNG v BCJ to RHC Order 65
In their article “Can Notices of Appeal be Served on Solicitors Acting in the Court Below?” published in the August 2021 issue of Hong Kong Lawyer¸ Henry Cheng and Jasper Wong of Denis Chang’s Chambers (“the learned authors”) have helpfully summarized the reasoning and implications of the decision of Court of Appeal in FNG v BCJ [2021] HKCA 160 which seems to have the effect that the solicitors on record for the respondent in the court below are not automatically be regarded as solicitors for the respondent in the appeal and hence an appellant would have to effect service of the Notice of Appeal on a respondent by another means if that respondent withholds instructions to his solicitors in the court below to accept service of the Notice of Appeal on his behalf.
In this article, we try to explore and analyze further whether it is indeed correct to say that service of a Notice of Appeal on the solicitors on record for the respondent in the court below could not be valid and good service.
Effect of RHC Order 65 Rule 5 overlooked?
It appears that from the judgment of FNG v BCJ [2021] HKCA 160 both the parties and the Court of Appeal have focused their consideration and analysis on the interpretation of Rules of the High Court (RHC) Order 67 Rule 1 but no mention was made in respect of RHC Order 65 Rule 5.
As pointed out by the learned authors, the provisions of RHC Order 65 Rule 5 regarding ordinary service applied to service of Notice of Appeal and the Court of Appeal’s decision in FNG v BCJ does not appear to have altered this position.
RHC Order 65 Rule 5(1)(a) stipulates that ordinary service “may be effected by leaving the document at the proper address of the person to be served”. RHC Order 65 Rule 5(2)(a) further states that “… the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person has no address for service his proper address for the purposes aforesaid shall be in any case, the business address of the solicitor (if any) who is acting for him in the proceedings in connection with which service of the document in question is to be effected.” (emphasis added)
Interpretation of “In Connection with”
It is interesting to note that the wordings of RHC Order 65 Rule 5(2)(a) treats that the business address of a solicitor acting for a party in the proceedings “in connection with” with the documents to be served is valid address for the purpose of ordinary address.
While the rule does not explain the meaning of “in connection with” and there appears to be no local authority expressly ruling on the phrase of this rule, the phrase “in connection with” has been interpreted with a wide meaning in Hong Kong legal practice in a number of cases such as paragraphs 35-36 in Xu Yi Hong (許毅紅) v Chen Ming Han (陳明翰) & Ors [2006] 4 HKC 633 and paragraphs 23-25 in Yingde Gases Investment Ltd (盈德氣體投資有限公司) v Shihlien China Holdings Co Ltd (實聯中國控股有限公司) [2014] HKCU 138.
The above authorities suggest that the phrase “in connection with” is inclusive of all matters that are not entirely unrelated to the underlying transaction or legal proceedings. Hence, the application of this phrase extends to a wide range of scenarios that maintain a factual or legal connection with the main proceedings or the transaction at hand.
Applying the above as well as the natural and ordinary meaning of the words and common sense, a Notice of Appeal is inevitably a document “in connection with” the proceedings of the court below. This is especially true regarding service of the Notice of Appeal when no new case number is yet to be assigned to the Notice of Appeal at the time of its service and the case number of the proceedings below will be the key reference is showing the connection of the matter to be appealed against.
Conclusion
Based on the above logic, it seems at least strongly arguable that Notices of Appeal can therefore be lawfully and effectively served on the solicitors acting for the respondent as long as the solicitors remain on the record for the respondent in the proceedings below.
With respect, the Court of Appeal seemed to understand that the practice of serving Notices of Appeal on the solicitors acting for the other party in the court below as a mere “common practice” but did not further consider whether such practice may actually have legal effect under RHC Order 65 Rule 5. The Court of Appeal also appeared to put much of the focus and emphasis on the fact that the same solicitors firm does not necessarily have instructions to act in the appeal and accept service. However, the absence of a solicitor’s authority to act does not necessarily render any service on the solicitors invalid. A common example is that service on a solicitor who has cease to act for a party remains good service unless and until the solicitors has withdrawn from the record by complying with the requirements under RHC Order 67 Rule 6(1).
In any case, it is clear that more time, costs, delay and uncertainties may incur and arise if Notices of Appeal cannot be conveniently served on the solicitors acting for the respondent in the proceedings. We share the learned authors’ concern that further guidance or clarification (be it by way of case authority, practice direction or guidance note) from the Court will be invaluable and hope that they will be forthcoming.
This article is co-authored by our Partner Sidney Ho and our Trainee Solicitor Viola Lee.
Disclaimer : This material is provided for general information only. It does not constitute legal or other professional advice nor constitute any lawyer-client relationship between Sit, Fung, Kwong & Shum and any user or browser. No liabilities are assumed arising from any reliance of information in this material.
In the landscape of Hong Kong matrimonial law, most marriages end through divorce. However, a recent judgment in the District Court, DC v. AS [2026] HKFC 7 (FCMC 807/2022), provides a rare look into the law of nullity (annulment). While the case centred on the “wilful refusal to consummate” a marriage, the learned Judge’s remarks offer a stern warning to both litigants and solicitors regarding procedural discipline, the purpose of pleadings, and the responsible use of public funds.
The Case: A Short-Lived Union
The Petitioner (the Husband) sought to annul his 14-day marriage on the grounds of non-consummation. Despite a five-year pre-marital relationship, the Husband claimed that post-wedding intoxication and a subsequent breakdown in the relationship prevented the marriage from ever being legally consummated. The Wife argued that sexual intercourse had occurred on the morning after the wedding, but the Court ultimately found her testimony lacked the necessary particulars and credibility. However, the Husband’s legal victory was overshadowed by the Court’s scathing critique of how the case was conducted by both legal teams.
The Legal Ground: Wilful Refusal to Consummate
Under Section 20(2)(b) of the Matrimonial Causes Ordinance (Cap. 179), a marriage is voidable if it has not been consummated due to the wilful refusal of the respondent. To succeed in such a petition, the court must be satisfied of three elements: -
The case hinged on a factual dispute regarding the morning of 7 March 2021, i.e. the day after the wedding. The Wife asserted that they had consummated the marriage that morning, but she provided these details only during oral testimony at trial. The Husband maintained that no sexual intercourse took place because he was suffering from a severe hangover, including stomach cramps and exhaustion from the wedding festivities.
His Honour Judge I. Wong found in favour of the Husband. The learned Judge noted that the Wife’s pleadings were “fatally brief” and lacked particulars. Furthermore, the Husband’s version – that he was physically unfit for intimacy due his condition – was deemed more credible. The Court also noted that pre-marital sex, which the parties did not dispute, does not legally constitute “consummation”.
A significant aspect of this case was the proposal to consummate. The Court held that a husband does not necessarily need to make a formal, verbal request for sex. By providing a matrimonial home and begging the Wife not to leave during their arguments, the Husband had made an implied proposal to live as a married couple, which inherently includes the intention to consummate.
Conversely, the Wife’s decision to move out after only 14-days marriage and her refusal to return was classified as a “wilful refusal” without just excuse. The Court noted that even in oral testimony, the Wife admitted that once she moved out, she had no intention of returning.
Pleadings: A Map, Not a Memoir
A critical takeaway from this judgment is the Court’s reminder that pleadings are intended to define the issues, not to blur them. His Honour Judge I. Wong described the parties’ pleadings as being in “hopeless shape” and “out of focus”. Instead of stating material facts, the legal representatives pleaded unnecessary evidence, lengthy submissions, and irrelevant history.
The Court emphasised the following expectations:
The judgment highlights that a solicitor’s role extends beyond acting as a mouthpiece for the client; they must also assist the court and act as professional gatekeepers. Solicitors have an essential duty to provide clear advice on: -
Legal Aid and the Responsibility to Public Funds
The Judge raised a significant point regarding Legal Aid. The Respondent contested the nullity petition using public funds. However, since the outcome would not change her financial rights, the learned Judge questioned the merit of the defense. The Court directed the judgment to the Director of Legal Aid, noting that solicitors assigned by the Legal Aid Department have a continuing duty to evaluate the merits of a case as it progresses to ensure public funds are used responsibly.
Conclusion: The Need for Litigation Discipline
This judgment serves as a reminder that family law proceedings require more than just a factual grievance; they require professional discipline. For litigants, the lesson is clear: the court expects a focused presentation of the legal issues. For solicitors, the duty is to manage client expectations, provide realistic advice on costs, and ensure that the court’s time – and public funds – are used with respect for procedural rules.
Disclaimer : This material is provided for general information only. It does not constitute legal or other professional advice nor constitute any lawyer-client relationship between Sit, Fung, Kwong & Shum and any user or browser. No liabilities are assumed arising from any reliance of information in this material.
As a Tai Po local who was born, raised, and lived for three decades in Wang Fuk Court, I share the same profound grief felt by all affected residents. This cherished land has nurtured the memories of generations of Wang Fuk Court residents, and has been the backbone supporting me from student days to professional practice. Now, there is no hesitation but to use legal knowledge and service to give back to this community.
Two months after the disaster, while the immediate short-term situation has somewhat stabilized, residents are acutely aware that public attention will inevitably fade. The medium- and long-term challenges ahead remain daunting. Therefore, this article consolidates the short-, medium-, and long-term legal needs of the residents for various stakeholders, ensuring they will not walk this legal path alone. Additionally, this article summarizes the legal concerns and developments observed over the past two months, using history as a guide.
Public Concern After the Disaster: The Legal Community's Rapid Response
November 26, 2025 remains fresh in memory when friends and family were frantic upon hearing news of the fire. As part of those affected, aside from briefly checking in, we faced too many unknowns to process. Neighbors were scattered, each searching for new temporary housing, yet grief remained unhealed, and problems unresolved.
After settling somewhat, residents began considering various legal practicalities, thanks in large part to the legal community's swift response. On November 27, the Law Society of Hong Kong established a legal consultation hotline and recruited volunteers. Starting December 4, the Law Society coordinated lawyers, including myself, to attend transitional housing sites to provide on-site legal consultations for temporarily relocated residents.
On the public front, the police arrested over 10 individuals on suspicion of manslaughter. The ICAC made arrests related to corruption involving construction works and detained both the current and former chairpersons of the Owners' Incorporation. On December 12, the Government established an independent committee to review the incident and prevent future disasters.
On January 6, the Lands Tribunal heard the government's application to invoke Section 31 of the Building Management Ordinance (Chapter 344 of the Laws of Hong Kong) to dissolve the Owners’ Committee of Wang Fuk Court and appoint Hop On Management Company Limited as the manager.
Regarding the legal system, the Hong Kong Bar Association took the lead by forming a task force to study relevant ordinances. On January 15, the Home and Youth Affairs Bureau proposed amendments to the Building Management Ordinance, including raising the threshold for physical attendance and voting on major maintenance projects and large procurement decisions, capping the number of proxy documents, and improving declarations of interest. The public consensus is clear: even one disaster is one too many, and the system must be optimized to eliminate hidden risks.
Integrating Short-, Medium-, and Long-Term Legal Needs
It is understandable that public attention has shifted from disaster relief to systemic improvements. However, the legal needs of the affected residents themselves are ongoing and complex.
In legal consultations, victims questioned about insurance claims, property ownership, inheritance matters, civil compensation, tenancy issues, and building management. These issues are interconnected and fraught with significant uncertainty. What lawyers can offer, beyond listening, offering condolences, and providing comfort, is to work together with the victims to anticipate potential future needs and provide corresponding legal principles and guidance applicable.
Short-Term Legal Needs
Identification of Deceased Individuals: One of the most heart-wrenching scenes following the disaster was the inability of affected residents to locate and identify the remains of their loved ones, even after learning of their passing. This prevented the Deaths Registries from issuing death certificates directly, yet death certificates are indispensable for general estate administration. Inquiries have been received from families needing to apply to the Coroner’s Court for a “Certificate of the Fact of Death” under Section 41 of the Coroners Ordinance (Chapter 504 of the Laws of Hong Kong) to support their application for estate administration. If forensic examination cannot be completed, a person with a proper interest must provide reasons to support the issuance of the certificate. On January 15, the Secretary for Security announced that the death toll had reached 168, as all bodies had finally been identified.
Immediate Insurance Claims: In response to the urgent needs of the affected residents, many insurance companies have expedited the approval process for home insurance or fire insurance claims. Some have even simplified the claim steps and disbursed funds directly. Approved disbursements typically require the policyholder to sign documents confirming the “full and final” settlement of claims against the insurance company regarding this incident. For caution, policyholders should review their policy coverage and consult their insurance brokers to confirm that there are no remaining claims under the policy (or to voluntarily waive them) before making an informed decision.
Tenancy Arrangements: Many affected residents were tenants. Some others were landlords renting out their units in Wang Fuk Court. They wondered whether their tenancy obligations are suspended or directly terminated, and how the tenancy deposits should be handled. Some leases include force majeure clauses specifying applicable situations and subsequent actions. A possible legal perspective suggests that, as affected residents cannot return to their units for the short to medium term, the principle of frustration of contract applies, and the lease should be directly terminated. However, the situation may differ for residents of unaffected buildings, such as those in Wang Chi House, and should be determined based on individual leases and actual circumstances.
Medium-Term Legal Needs
Estate Administration: On December 10, the Judiciary announced that it would prioritize estate administration and coroner’s proceedings related to Wang Fuk Court. However, given the overload of cases at the Probate Registry, it is anticipated that the approval process will still take months. Estate-related laws are particularly complex, and family members may not be familiar with the application documents and legal foundations. Furthermore, exercising its duty to protect estates, the Probate Registry may need to issue requisitions, requiring applicants to spend additional time in researching and responding. Once the Grant of Probate or Letters of Administration for a property-owning deceased is issued, rights over the property can be exercised in the capacity of the personal representatives, whereas Assents are required to vest the property to the beneficiaries.
Mortgage Arrangements: On November 29, the Hong Kong Housing Authority announced the relaxation of regulations regarding mortgage repayment periods and amounts under its Mortgage Loan Guarantee Deed. Subsequently, major mortgage banks offered a six-month suspension of repayments for mortgages and personal loans, along with a waiver of penalty interest. This means that by late May 2026, affected residents may need to face new mortgage arrangements. If issues such as enforcement actions, receivership, or mortgage modifications arise, residents will not only need to communicate directly with their banks but will also likely need to deal with legal documents.
Building Management: Residents have been discussing whether owners lose their “right to complain” after the Owners' Committee is taken over. In reality, the primary channels for owners to voice concerns have always been through voting at owners’ meetings and gathering a required number of signatures to demand meetings to be convened. These rights are not contingent upon the existence of the Management Committee. However, as the dissolution of a Management Committee is unprecedented in Hong Kong, such misunderstandings are quite understandable. These discussions highlight the importance of clarifying the legal relationship and division of responsibilities between the residents and Hop On Management Company Limited, the appointed manager.
Long-Term Legal Needs
Property Ownership: On January 10, the government distributed questionnaires to residents to gather opinions on long-term resettlement. From the residents’ perspective, this marks a turning point: transitioning from short-term post-disaster resettlement to medium- and long-term adaptation and final decision-making. Unless the original buildings are preserved, all resettlement options will inevitably involve transfers of property ownership. This may include the government purchasing ownership rights with cash, or exchanging unit ownership through a “flat-for-flat” arrangement. Conveyancing is one of the primary legal services required, and given that property values amount to millions, it is advisable to seek professional assistance to handle the process carefully.
Enduring Powers of Attorney (EPOA) for Elderly Residents: Many Wang Fuk Court property owners are in their seventies. The immense stress following the disaster has left many elderly residents in a significantly diminished state, raising concerns. However, whether signing documents with the government for property transfers, applying for public housing (e.g., Home Ownership Scheme or Green Form Subsidised Home Ownership Scheme), or voting at owners' meetings, the prerequisite is that the elderly individuals possess the mental capacity to act. Elderly residents may consider preparing an enduring power of attorney in advance, executed in the presence of a solicitor and a doctor. This would ensure that, in the event they lose mental capacity (e.g., due to dementia or cognitive decline), an authorized and trustworthy relative or person can manage their financial affairs, prioritize the use of their assets for their own benefit, and handle property ownership documents related to Wang Fuk Court.
Civil Claims: Some residents have inquired about pursuing civil claims. The limitation period for personal injury or death claims is three years from the date of the incident or the discovery of the injury or death, meaning the deadline would be November 2028. Regarding potential defendants, residents should monitor related criminal cases. A criminal conviction generally serves as conclusive evidence of civil liability, though establishing the causal link between the defendant’s actions and the residents’ losses remains necessary. However, civil litigation can be time-consuming, the calculation of compensation is complex and subject to variables, the defendant’s ability to pay compensation and legal costs may be uncertain, and insurance companies may be unwilling to initiate litigation on behalf of residents. All these factors must be weighed when residents decide whether to pursue legal actions.
Reflections on the Law in the Aftermath of the Disaster
The focus of this article is that the needs of disaster victims are not transient but ongoing. The trajectory of legal services should, therefore, evolve from handling immediate necessities into a long-term, reliable “companionship”.
The law has traditionally been perceived as noble and stable, yet it is also often viewed as relatively detached and rigid. In the aftermath of the Wang Fuk Court fire, the legal community broke away from this conventional image by promptly offering legal advice to victims on-site, demonstrating flexibility in their access.
Another traditional impression of the legal profession is its compartmentalization, with outsiders categorizing lawyers based on their specific fields of law. However, the legal concerns of disaster victims are often interconnected, requiring lawyers to possess the capability to provide advice across multiple legal domains simultaneously.
Like any client, disaster victims are not legal experts. Articulating their own needs clearly and systematically within a limited timeframe is undoubtedly challenging. For victims and other clients, it is crucial that lawyers can quickly sort through facts and applicable laws, then systematically summarize and present them.
Afterword
I still remember the day I accompanied my family to transitional housing to sign occupancy documents. While immensely grateful for the swift and generous support from all sectors, I was also at a loss for words that my family had, one day, become recipients of such services. Till now, like other affected residents, I still yearn to return to our old home every day, hoping to retrieve our precious, dust-covered photographs, and then properly express gratitude and bid farewell.
The beauty of Wang Fuk Court lies not only in its convenient location and pleasant scenery. For its residents, this home is proof of life’s simple, peaceful years: cycling west to Tai Po Market, south to Tolo Harbour, or north to Tai Mei Tuk in leisure time. Housewives tend their plots in designated gardens, sharing the harvest, tomatoes, water spinach, white radishes, all bearing the heartfelt flavor of homegrown produce. The outdoor playground in Wang Fuk Court carries memories of the past, and has even been filmed.
The tragic fire changed everything. Our homes were gone. Life looks really fragile. Yet, let’s not forget the memories and sense of purpose in mind, something we can forever hold onto.
Disclaimer : This material is provided for general information only. It does not constitute legal or other professional advice nor constitute any lawyer-client relationship between Sit, Fung, Kwong & Shum and any user or browser. No liabilities are assumed arising from any reliance of information in this material.
