Our Partner Mr. Sidney Ho was appointed as a Member of the Continuing Professional Development (“CPD”) Committee of the Law Society of Hong Kong.
The CPD Committee performs a wide range of functions with regard to the CPD Scheme, i.e. formulate and review policies, procedures and guidelines, monitor implementation and administration, recommend for revision or reform, and determine applications for exemption. The CPD Committee also reviews the Mandatory Practice Management Course and the Risk Management Course.
Our Partner Mr. Mathew Liu gave a full day workshop to the officers of the Wage Security Division of the Labour Department on 21 February 2025.
Titled “Legal Workshop on Insolvency and Liquidation: From Theory to Practice”, this Workshop aimed to equip government officials for their daily operation under the statutory regime in commencing winding-up or bankruptcy proceedings against defaulting employers in order to process and release ex gratia payments to their employees, and at the same time, to share our practical experience in order to foster better understanding on how insolvency and liquidation cases are conducted.
Our Associate Ms. Winnie Hui also assisted and shared her case experience in the Workshop. We are glad that the participants are satisfied with the Workshop
We obtained favourable judgment in a highly contentious probate case for our clients with such judgment becoming a landmark decision in this area of law in Hong Kong.
In Re The Estate of Ip Chan Kee [2025] HKCFI 657, 7 children of the deceased father litigated in two camps. Our clients successfully asked the Court to pronounce their father’s will to fulfill his last wishes.
This is the first case in Hong Kong’s judicial history discussing and ruling on the principle of ‘fraudulent calumny’, which is an ancient legal doctrine to allow a disinherited person to challenge the validity of a will. In layman’s terms, the gist of fraudulent calumny is when a representor makes a false representation about the character of another potential beneficiary to a testator with the purpose and effect of inducing the testator to make testamentary dispositions that are adverse to that other potential beneficiary. This case has two significant implications:-
First, this is the first Hong Kong case applying the leading UK authority, which held that a successful claim of fraudulent calumny shall include positive findings of 6 elements i.e. a representation was (1) made to the testator which was (2) false and (3) about the character of the existing or potential beneficiary, (4) for the purpose of inducing the testator to alter his testamentary dispositions, (5) at the material time when the representor knew that it was untrue, or recklessness as to its truth; and as a result, (6) the will was made only because of the fraudulent calumny.
Secondly, parties disputed how the (4)th element i.e. the ‘purpose’ shall be interpreted. The other camp suggested a broader test: so long as the false representation was material and the representor intended to deceive, a specific purpose on the part of the representor shall not be necessary. However, The Hon. Mr. Justice H. Au-Yeung rejected this argument and accepted our legal team’s arguments with reference to an obiter in a UK case that a stricter approach should be adopted to require that the purpose of the false representation was to specifically induce the testator to alter his testamentary dispositions, and not something else. Such a ruling is now a forceful precedent in Hong Kong and will influence all future cases where ‘fraudulent calumny’ is in issue.
We are glad to have maintained the integrity of the deceased’s will, and achieved justice for his beloved. We are also thrilled to be part of making new case law for the common law in Hong Kong.
This case is led by our Partner Mr. Roy Leung, assisted by Senior Associate Ms. Theresa Law, Associate Ms. Koey Wong, Associate Ms. Shirley Yu and Trainee Solicitor Mr. Manson Chan.
We succeeded in a recent corporate commercial litigation involving probate matters.
In Re Skylab Limited [2025] HKCFI 596, our client obtained the grant of representation to act as an executrix of the estate (the “Estate”) of her deceased father (the “Deceased”) who owns shares in a company (the “Company”). We served a notice pursuant to section 158(1) of the Companies Ordinance, requiring the Company to register the Deceased’s shares in our client’s name. The Company gave no response.
Deputy High Court Judge Le Pichon held that the Company is bound to accept the grant of representation as sufficient evidence, and our client being the executrix of the Estate is the only person recognised by law as the full owner of the Deceased’s shares. The Court ordered that the shares in the name of the Deceased be registered in the name of our client.
This case demonstrates that the corporate commercial litigations can be impactful in high-net-worth families with estate disputes. A company operating family business may be deadlocked or mismanaged by persons taking advantage of a member’s death. The present registration regime fulfils the deceased member’s last wishes by enabling shareholders’ rights to be transmitted to the designated person.
This case is led by our Senior Partner Mr. Peter Sit, and assisted by our Partner Mr. Mathew Liu, Senior Associate Ms. Theresa Law and Litigation Associate Ms. Shirley Yu.
Please read the Decision.
As we welcome the new year, we proudly recognize 11 dedicated members of our team with long service awards. Among them, two individuals have served with us for 40 years, one for 35 years, and two for 30 years.
Their decades of loyal service reflect a deep commitment to our firm and its values. These awardees play an essential role in our daily operations, providing invaluable support that fosters a positive work environment and helps us function smoothly as a team.
At SFKS, we treasure our multi-generational and inclusive culture, where every team member's contribution is valued. We look forward to celebrating many more milestones together!
The full list of our long service awardees are as follows:-
Cathine Leung (Conveyancing Clerk) 40 years
Stanley Lui (Conveyancing Clerk) 40 years
Annie Cheung (Legal Executive) 35 years
Joseph Wong (Partner) 30 years
Maggie Leung (Secretary) 30 years
Carrie Law (Secretary) 15 years
Eva Ho (Secretary) 15 years
Connie Lee (Secretary) 15 years
Jenny Wong (Partner) 10 years
Andrew Wong (Litigation Clerk) 10 years
Vivian Leung (Office Assistant) 10 years
Our firm is pleased and honoured to act for Bank SinoPac in providing corporate financing to a subsidiary of a listed company. We have successfully accomplished the financing project in a short period of time. The case was led by our Senior Associate Ms. Cindy Fong of the Conveyancing Department and assisted by our Associates Ms. Cheryl Yuen, Ms. Natalie Ngan and Ms. June Wang.
We look forward to assisting clients in many more corporate financing cases in the future.
The forthcoming amendments to the Land Titles Ordinance will introduce a title registration system for newly granted land, aiming to eliminate the burdensome of retaining and checking historical title documents and streamline the conveyancing process.
Under the new system, registered owners will be recognized as the legal owners as the Title Register is conclusive evidence of the title to the property. Property transactions will be simplified, as verification can be conducted through the Title Register with reduced checking on title documents. Title will be established as a matter of fact by simply checking the Title Register.
This transition will improve efficiency, while the role of conveyancing lawyers will evolve rather than diminish. We will actively engage with these changes to navigate the new landscape and provide informed guidance to clients, particularly regarding the implications of the amended laws on adverse possession and potential title disputes.
We encourage all stakeholders to stay informed and prepared for these important developments, and to witness the new reform in Hong Kong whilst title registration system has been operating in many overseas jurisdictions such as UK, Malaysia and Australia with common law background.
For enquiries, please contact our Partner Mr. Mathew Liu and our Senior Associate Ms. Cindy Fong.
On 8 January 2025, a delegation of PRC legal professionals from Zhuhai, led by the Zhuhai Lawyers Association paid a visit to our firm and were warmly received by our Senior Partner Mr. Peter Sit, Partner Mr. Simon Siu, Ms. Jenny Wong and Associate Ms. June Wang.
During the visit, Wang Bin (Director, Beijing Zhongyin (Zhuhai) Law Firm and President, Zhuhai Lawyers Association) and other Zhuhai lawyers did have a fruitful discussion for closer cooperation of PRC and HK lawyers. This visit not only significantly strengthened our ties with Zhuhai Lawyers Association but also enabled us to better serve our clients amid the increasingly important bonding between the two dynamic regions.
We would like to take this chance to express appreciation to Zhuhai Lawyers Association and all the delegates for visiting us.
We act for the Plaintiff and have successfully set aside an order for possessory title (the “Order”) that was obtained by fraud by the 1st Defendant in a District Court action commenced in 2000 (the “DCMP Action”) and a Consent Summons that was entered into between our client and the 1st Defendant (the “Consent Summons”) in a subsequent District Court action commenced in 2009 (the “DCCJ Action”) under a mistake of fact, after going through an 8-day trial this year.
Our client is the actual occupier of the subject lands in New Territories (the “Premises”). However, unknown to our client, the Order was obtained and made in favour of the 1st Defendant in DCMP Action, whereby the 1st Defendant (the personal representative of the original Plaintiff in DCMP Action) alleged that the original Plaintiff and/or her family (including the 1st Defendant) had been in possession and occupation of the Premises for the requisite period of time and had therefore thereby obtained a possessory title to the Premises. Upon obtaining the Order based on such fraudulent representations to the Court, the 1st Defendant further commenced the DCCJ Action against our client seeking for rent, again making fraudulent allegation that he had become the registered owner of the Premises and was entitled to rent from our client. The Consent Summons was signed by our client (who was without legal representation at that time) in such circumstances by mistake, and was peculiarly found by the Court to have never been filed by the 1st Defendant in the DCCJ Action in the end.
Near a decade was passed after the discovery of the 1st Defendant’s fraud, the going through of an application to join as party in the DCMP Action, and the commencement of these proceedings to formally set aside the Order and Consent Summons, our client gave evidence of his actual possession of the Premises in Court during trial, which the Court found to be credible and reliable, resulting in the judgment that both the Order and the Consent Summons were set aside by fraud and/or mistake of fact, as well as an order that indemnity costs be awarded in favour of our client.
The case was handled by our Partners Mr. Tommy Tam and Ms. Jenny Wong, assisted by our Associates, Ms. Theresa Law (at early stage when she was a trainee solicitor) and Ms. Koey Wong, and our Trainee Mr. Manson Chan.
Our Partner Sidney Ho has been appointed as a member of the Guidance Committee of The Law Society of Hong Kong.
The Guidance Committee provides guidance and advice to members of the profession and others relating to professional conduct and ethics, including the Solicitors' Practice Promotion Code.
We congratulate our Partner Jenny Wong for receiving dual recognitions in two recent young lawyer selections, namely one of the ALB Hong Kong Rising Stars 2024 and one of the LexisNexis 40 Under 40 Greater China. Jenny received training in our firm and developed her career all the way up to partnership with us. We are proud of her.
See photos of Jenny’s attendance at the winners’ dinner for LexisNexis 40 Under 40 Greater China.
See the full list of winners of LexisNexis 40 Under 40 Greater China, selected by LexisNexis.
Also see the full list of the ALB Hong Kong Rising Stars 2024, selected by Asian Legal Business and Thomson Reuters.
