the HIP talks

Elizabeth Herbert, a barrister and co-founding member of Pegasus Chambers, discusses her career journey with Adam Hugill. They reflect on their history of working together, as well as other high-profile cases like the landmark internet defamation case, Oriental Daily vs Fevaworks which she worked on with fellow Partner, Alfred Ip. Elizabeth shares how she was drawn to the advocacy and courtroom aspects of law, rather than the more transactional work of solicitors. She advises junior barristers to gain broad experience early on, as it helps develop their own unique style. The conversation explores the challenges of discrimination cases in Hong Kong, including the reluctance of employees to come forward and the limited damages available. They also discuss internal investigations and the need to navigate non-legal decision makers. She also shares insights into her criminal defense practice and the personal toll of representing clients facing serious charges. Lastly, Elizabeth offers advice to aspiring barristers, emphasizing the importance of self-care and not being overly critical of one's performance. Show Notes02:00 Starting a career in law 05:38 Oriental Daily vs Fevaworks case 07:16 Discrimination cases 21:55 Criminal cases 27:39 Cross examination in civil vs criminal courts 34:29 Setting up Pegasus Chambers Transcript and more of the Barrister Series: https://www.hugillandip.com/2025/01/the-barrister-series-s5e6-a-legal-journey-with-elizabeth-herbert/

Pink Friday Event on legal and healthcare pathways for same-sex couples Mike Kung of Goldman Sachs talks to Lisa Lam about the origin of #PinkFridayPride and its significance. He also shares some good memories about the event in the past 10 years and some highlights about Hong Kong Gay Games 2023 and yesterday's quiz night, as well as the planned LGBTQ+ choir and ESG events happening later today. Frances Tsang – Associate in the Family team at Hugill & Ip – discusses hopes and foreseeable future of LGBTQ+ equality in Hong Kong, while reflecting on landmark cases that saw brave individuals challenging the legal system at different court levels in the past two decades. Lisa moves forward to the core topic of the event where Alfred Ip – Partner and Head of Private Client at Hugill & Ip – and Nick Tsui – Anesthesiologist and co-founder of Alongside – discuss key considerations on Estate Planning for same-sex couples. Video and more Hong Kong LGBTQI legal content: https://www.hugillandip.com/2024/11/pinkfridaypride-building-tomorrow-together/

Caroline McNally and Frances Irving sit down for a chat about her personal and professional life from the early days as a social worker first in Scotland then in Hong Kong and the opportunity to develop a second career as a barrister focused on family law.  They talk about helping people during one of the most difficult periods of their lives and about managing expectations in the hope of seeing things moving forward for themselves and their children, while bearing in mind that things in life can evolve and parents can take different roles in their children s lives. They also dig into specific cases that have influenced the law and the way courts deal with divorce cases, as well as particular examples that have left a mark on their professional life. Frances clarifies what in her view is the difference in the roles of barristers vs solicitors and a better support and mentoring system that should be created for young barristers working in family law. They conclude talking about Hong Kong and its high number of international families which, as a result, often sees a large number of relocation cases happening when compared with other jurisdictions. Show Notes:01:31 From Scotland to Hong Kong10:59 Becoming a good advocate14:53 The truth and “recollections may vary”17:58 Managing expectations24:12 Changing family dynamics and evolving roles28:25 LKW vs DD and the principle of equal sharing32:12 The complementary roles of barristers and solicitors40:08 Most memorable court cases46:28 The next generation of family lawyers53:44 Relocation of children Transcript and more Family Law content: https://www.hugillandip.com/2024/10/the-barrister-series-s5e5-a-passion-for-people-and-family-law-with-frances-irving/

Alfred Ip and Kerby Lau share their experience working as a team in many contentious trusts & estate matters, touching on the initial motivation to embark on legal careers. They go on discussing the role of administrators, executors and trustees and their duties, highlighting the possible pitfalls and ways to manage conflicts, which sometimes can potentially lead to the removal of administrators. They also discuss responsibilities related to investment strategies and asset valuation and conclude talking about the importance of proper estate planning as a necessary tool to avoid future disputes and costly litigation. SHOW NOTES: 00:01:16 Trust and estate administration and problem-solving 00:11:39 Estate administration and fiduciary duties 00:18:29 Managing conflicts of interest in estate administration 00:24:19 Conflicts and removal of administrators 00:30:03 Assets valuation and investment strategies 00:45:54 Trustee duties and disputes amongst beneficiaries 00:55:23 Estate planning as key factor to minimize the risk of future dispute   More on Contentious Trusts & Estates: https://www.hugillandip.com/legal-services/contentious-trusts-estates/

Florence (Sai Wing) Chan speaks to our Alfred Ip about Diversity, Equity and Inclusion: from the pure concept of it to the reasons why businesses need to look at DEI as a necessity to strengthen their workforce, show empathy and build appropriate policies, programs, initiatives to achieve a better and more equitable balance. Issues can be diverse: they range from women empowerment, disability training, culture, race and to (one of the most prominent efforts) LGBTQ+ inclusion. She talks about visibility, as well as research showing the positive impact that DEI has on business efficiency, revenue growth, investor support, reduced attrition rates, etc… Florence points out that many companies in Asia which have strong focus on DEI are international companies, while most local companies tend to include the DEI concept into “being a family” or “teamwork” and think that DEI relates to values which are more Western. There's an urgent need to explain the concept to encourage more local business to buy in, while it is also true that attitudes and cultural nuances play a role in approaching the topic slightly differently, especially within working environments which are traditionally more reserved. More LGBTQ content: https://www.hugillandip.com/the-hip-pride/ 

Alfred Ip and Henry Li talk about Henry's personal story with husband Edgar Ng while touching upon legal protections – or rather the lack of – related to inheritance and housing rights in Hong Kong for same-sex couples legally married overseas. They delve into the hurdles and (direct and indirect) discriminatory treatment connected to the lack of recognition of same-sex relationships and marriages in Hong Kong. They also walk through the history of the legal cases brought to Court by Henry and Edgar through different levels of the justice system and the striking differences with other jurisdictions (e.g. the UK) – whereas in Hong Kong couples are not given the right to form a legally binding relationship with specific (and significant) rights and obligations – towards each other and towards society. Henry pinpoints the difficulties they went through as a couple who decided to challenge the law and the government, initially in terms of housing rights and thereafter also in terms of inheritance rights. They go on speaking about the hurdles concerning access to justice and the related emotional as well as financial costs. The emotional challenges not only burdened the couple, but also their extended family in both a private and public way. Whilst the financial costs involved the Legal Aid Department, the couple also had to dig into their own pockets. A strong, selfless and brave character needs to be at the base of a fight for obtaining further rights for same-sex couples.   More LGBTQ content: https://www.hugillandip.com/the-hip-pride/ 

Alfred Ip talks to Film Director Ray Yeung about his life story – growing up in Hong Kong and then furthering his education in the UK, where he studied law, then finding his passion in film making. Ray talks about “叔叔 Suk Suk” which introduced the novel topic of two elderly gay men falling in love in Hong Kong, representing a minority within a minority. He goes on to talk about his latest film “從今以後 All Shall Be Well” and hearing real-life stories which inspired Ray to script the story about a lesbian couple and the family dynamics that suddenly roll out after one of the women passes away. Ray talks about the casting and the reasons behind the choice of Maggie Li (Lin Lin), as well as the choice of portraying the characters without using a typical melodramatic way to unfold the story. He wants the audience to empathise and reflect on the family dynamics and the many shades that each character brings to the story. He wants everyone to reflect upon their own selfishness and what they would do in a similar situation, as well as questioning if there's a more or less hidden level of homophobia.   More LGBTQ content: https://www.hugillandip.com/the-hip-pride/ 

Alfred Ip interviews Henry Tse about his life while growing up in Hong Kong as well as after moving to the UK to further his education. Henry realised quite early in his life about his gender identity and struggle. He went through a hard time whilst studying in a religious secondary school, made more difficult as he lacked LGBTQ role models. Often, he – and other students – faced biases and confrontational behaviour, and Henry recalls treatment he received from a basketball coach. Henry finally found some peace when he went to study in the UK – he discovered more about gender identity whilst he continued to struggle mentally with his own changing body and appearance. They chat about self-identity and fitting in with society. Henry highlights the benefits he gained by social services in the UK and how Hong Kong compares to it. The real struggle started when he moved back to Hong Kong for professional reasons. He received a lack of full recognition as a male individual and that's when Henry decided to challenge the government on the issue of getting his gender changed on his Hong Kong identity card.   More LGBTQ content: https://www.hugillandip.com/the-hip-pride/

Raphael Wong interviews Felix Li about his calling and dedication to family law, especially in regards of children-related matters. They discuss the divorce process and the different roles of barristers and solicitors. They go on talking about the evolution and specifics related to child custody in Hong Kong and the essential role of co-parenting and handling the relationship with other third-parties, eg. domestic helpers. They conclude delving into the issue of overseas relocation. SHOW NOTES 00:00:3 Family law and children matters as my barrister career focus 00:11:11 Divorce settlements and the court process 00:17:22 Legal practice: the different roles of barristers, and solicitors 00:26:17 Child custody law and its evolution in Hong Kong 00:41:06 The importance of co-parenting 00:56:17 Domestic helpers 01:03:44 Child custody and extracurricular activities 01:10:51 International relocation

Adam Hugill interviews Frances Lok of Des Voeux Chambers about her path that lead her to build a strong career as a barrister in Hong Kong. They elaborate about some contentious employment matters they worked on together in the past 15 years as well as some other cases that Frances deals with, including some in the contentious probate area. Frances also discusses her temporary appointments as a judge in the District Court and High Court of Hong Kong and development related to growing work concerning Mainland Chinese parties and arbitration. SHOW NOTES: 04:07 A career at the Hong Kong Bar 07:15 Anton Piller cases 10:02 “Merry Christmas, Frances” and the BFAM v Mills case 13:22 Increasing number of arbitration cases 15:51 Contentious probate practice 18:16 The role as a judge Transcripts and more on our Employment practice: https://www.hugillandip.com/2024/01/the-barrister-series-s5e2-employment-law-with-frances-lok/

Frances Tsang speaks to Azan Marwah and Alfred Ip about the role of barristers vs solicitors and the importance that each role takes in contentious proceedings in Court, especially within the Hong Kong Family court. They discuss some examples of legal matters they have worked on together, during a collaboration that goes back a long time. They also highlight the recent growing trend of some clients who are self-represented in Court and several specifics related to pre-nuptial agreements, inheritance provisions for dependants. Azan Marwah concludes talking about his passion for public law and pro-bono work and how helping people has always driven many of his professional and personal choices. Show Notes03:43 The role of a barrister vs the role of a solicitor 07:55 Financial statements and Form E in divorce proceedings 09:43 Where a financial claim starts and strategy 13:32 Advocacy skills and court work 19:08 Some cases we worked together 22:53 Self-representation in court 25:36 Why do pre-nuptial agreements matter? 35:09 Inheritance provisions for financial dependants 42:01 A passion for public law 45:18 Pro-bono and community service Get transcripts and subscribe to our newsletter: https://www.hugillandip.com/2023/10/the-barrister-series-s5e1-financial-disputes-in-family-law-azan-marwah/

Exciting Announcement: soon the HIP talks will introduce a new legal podcast series, “The Barrister Series"! In this innovative series, we will delve into the world of contentious legal matters, exploring a wide range of thought-provoking topics through discussions between renowned solicitors and barristers. Prepare to be captivated by insightful conversations, intriguing case studies, and expert analysis that will shed light on the complexities of the legal realm. You won't want to miss this intriguing discussion that explores the challenges faced by legal professionals in high-stakes cases.

Our Alfred Ip discusses essential considerations related to the distribution of trust assets with Kerby Lau and Joshua Yeung of Des Voeux Chambers. The DVC Trusts, Estates and Succession Series is a collection of seminars and events on topical issues and developments in the law concerning trusts and estates, being explored through the practitioner's perspective. It aims to create a forum for the exchange of ideas between different stakeholders and practitioners. In this inaugural seminar, the focus is on a commonly-used mechanism in structuring wealth and assets: the discretionary trust/power. In the absence of any fixed stipulations as to how assets should be distributed, what guidance does the trustee/administrator have when distributing and dealing with assets? What are the limits of such discretion? What are the pitfalls to avoid? These practical questions and more will be discussed and explored.   Download the presentation: https://www.hugillandip.com/2023/09/webinar-distributing-and-dealing-with-trust-assets-the-boundaries-of-discretion/

Tiffany Leung and Adam Hugill discuss anti-discrimination laws and the role of the Equal Opportunities Commission in Hong Kong, highlighting details of the process, its confidentiality, the efforts made to reach a conciliation and the eventuality of initiating an action at District Court level. Show Notes01:31 Anti-discrimination laws in Hong Kong 02:10 Who's the EOC 03:27 The scope of the EOC 04:38 The complaints process 09:32 Confidentiality of the investigation 10:37 The conciliation process 14:20 Costs related to District Court actions More on our Employment practice: https://www.hugillandip.com/legal-services/employment-and-immigration/ Transcript: https://www.hugillandip.com/2023/07/podcast-s4e6-employment-anti-discrimination-the-eoc/

Tiffany joined Hugill & Ip in 2022 as an Associate at the firm's Dispute Resolution team. Tiffany obtained her Bachelor of Laws degree and Postgraduate Certificate in Laws from the Chinese University of Hong Kong. She was admitted and enrolled as a Solicitor of The High Court of Hong Kong in 2020. She has experience in handling a wide spectrum of contentious commercial and civil matters including shareholders' disputes, commercial litigation, contractual disputes and matrimonial matters. Tiffany also has experience in non-contentious matters including drafting commercial agreements and assisting private clients in drafting wills, grants of probate and enduring powers of attorney. Tiffany is a food lover and likes exploring new restaurants with likeminded people. She also enjoys hiking and travelling. Tiffany is fluent in English, Cantonese and Mandarin. To learn more: https://www.hugillandip.com/solicitors/tiffany-leung/

Alfred Ip and Azan Marwah talk about the difficult subject of death, giving real-life examples of same-sex couples who have struggled through the existing legal framework. They reflect on how those hurdles faced by same-sex couples can be just as significant as those facing heterosexual couples – if not more so. They discuss related issues of mental capacity and guardianship, as well as Enduring Powers of Attorney (EPOA) and Advance Health Directives. Azan addresses arrangements for the disposal of the bodies of loved ones.  He recounts the example of a recent client's struggles, which ended up in court.  This case led to the recognition that same-sex couples must be treated equally with heterosexual couples. To understand more about this case, you can check our live seminar and webinar “Estate Planning Advice for Same-Sex Couples” that Alfred Ip and Henry Li previously conducted in Chinese for elements/Project Touch BGCA. They go on highlighting changes related to inheritance rights for same-sex spouses whose counterparts die without a Will, commonly called ‘intestate'. Complications are many, often caused by incorrect assumptions such as that a spouse will always inherit the entirety of the estate or other issues like domicile, property rights, charitable gifts, the inexistence of a common law marriage, etc. Azan and Alfred conclude the webinar by delving into the topic of inheritance provisions for financial dependants and how this also applies to same-sex partners. In many circumstances, these cases can get rather ugly as they often involve opposite camps of beneficiaries and complex family estate disputes. They explain how making a simple Will can for most people prevent such costly litigation. SHOW NOTES: 00:14 Hurdles that same-sex couples face when a spouse is ill or passes away 03:53 Mental capacity and Enduring Powers of Attorney (EPOA) 07:00 Access to a spouse's dead body and post-mortem arrangements 11:36 Inheritance rights when dying intestate 16:39 Inheritance provisions for financial dependants   the HIP pride hub page: https://www.hugillandip.com/the-hip-pride/ Private Client, Probate & Trust practice: https://www.hugillandip.com/legal-services/private-client-probate-trust/

Alfred Ip and Azan Marwah discuss family planning and marriage as a protection of a couple's (and their children's) interests. They discuss adoption: from intra-family to step-parent adoption. So far, no married same-sex couple has brought forward any legal proceedings to adopt jointly; most children adopted by same-sex couples are adopted by one of the couple as a single parent. Similarly, nobody has challenged the bar that a single male parent can only adopt a child of the same gender as the applicant.  Another topic Alfred and Azan speak about is in vitro fertilisation (IVF) and the lack of recognition of the rights of the non-gestational mother. Applying for a guardianship order is one of the first steps that couples in such situations should be proactive about and protect their rights and their children's. Azan also explains the difference between guardianship orders, parental orders and adoption orders, whether obtained in Hong Kong or abroad. They also touch upon the minefield of surrogacy arrangements – including parental rights, possible criminal liabilities and the role of the surrogate mother. Getting legal advice at the outset is paramount! SHOW NOTES: 00:30 Marriage as a protection shield 02:27 Adoption 08:06 IVF 09:59 The difference between guardianship orders, parental orders and adoption orders 13:39 Surrogacy

Alfred Ip and Azan Marwah talk about divorce and the right to legally dissolve a same-sex marriage. They speak about the three big questions related to divorce (in general): the breakup of a relationship, the split of assets, the issues related to custody of children. SHOW NOTES: 00:40 Dissolving a same-sex marriage 04:00 Children's rights and AA v BB court case 07:40 Complications linked to non-traditional married couples 16:56 Communication as key element 19:11 Compensation and the concept of fairness 25:46 Prenups and wealth planning tools the HIP pride transcripts and more > https://www.hugillandip.com/2023/06/to-divorce-or-not-to-divorce/

Alfred Ip and Azan Marwah discuss the importance of marriage and the value of family within society, including same-sex couples. Such value needs to extend protections afforded to everyone as a fundamental right, also when things break down, for example in case of divorce. Alfred Ip provides practical reasons why same-sex couples should still get married (overseas): examples span from stamp duty to basic protections related to inheritance. He also comments on the high cost of time, pressure and money for individuals, the government and tax-payers to have these cases heard in court. Azan Marwah points out the need for more people to come forward and bring challenges in order to keep the pace of progress. Moreover, he highlights the rights that these individuals have in being protected by anonymity. SHOW NOTES: 00:32 The importance of marriage and its value in society 03:55 Evolution of marriage in Hong Kong 08:05 Landmark court cases 13:36 Failing to implement new legislation 16:42 Practical reasons to get married 18:50 Rewards of changing the status quo 21:33 Anonymity orders

Jeffrey Chan and Geraint Ho discuss frauds involving cryptocurrencies and the possible remedies available to scam victims to recover assets, including different types of injunctions. Moreover, they highlight how bankers trust orders and Norwich Pharmacal orders can be used in order to trace funds and then pursuing the scammers in court to obtain and then enforce a judgment against them, or alternatively by obtaining a vesting order or a garnishee application. They conclude the podcast episode by highlighting some UK and Hong Kong court cases, as well as talking about differences between recovering fiat and crypto currencies in the ever-developing methods Show Notes01:04 Different types of scams 04:23 Mareva injunctions 05:23 Proprietary freezing injunctions 06:43 Tracking down the funds 09:07 Obtaining and enforcing a judgement 10:35 Court cases: AA vs Persons Unknown 11:24 Court cases: Lavinia Deborah Osborne 12:47 Court cases: Ion Science 13:31 Court cases: Samara v Dan 19:00 Traceability of transactions To learn more about our Dispute Resolution practice: https://www.hugillandip.com/legal-services/dispute-resolution/

Geraint specializes in civil litigation, with a specific focus on commercial and estate-related disputes. Geraint qualified as a solicitor in early 2020 and is the first of Hugill & Ip's home-grown lawyers. Drawn to the dynamic and often competitive nature of contentious work he is most at home with the firm's dispute resolution team. Aside from a broad civil and commercial disputes practice, Geraint takes interest and specializes in probate and estate-related disputes; challenges to Wills, ownership disputes on estate assets, financial provision claims and dealing with wayward executors are all prominent aspects of his work. He also assists professional administrators with their duties, particularly where Court applications are involved. In 2022 Geraint was recognised Future Star by Benchmark Litigation for his contentious private client work. He has also received the pro-bono award from The Hong Kong Law Society for his service to the community. To learn more: https://www.hugillandip.com/solicitors/geraint-ho/

Alfred Ip talks to Hannah Bisson (Director of Business Development at Trident Trust) and Henno Boshoff (Counsel at Harneys) about the main reasons clients set up a Trust – might these be for ringfencing business assets or for giving back to the community or for tax reasons. SHOW NOTES: 01:50 Main reasons for setting up a Trust 09:37 How to choose a Trustee? 14:27 Who to add as a beneficiary? 18:02 Most common Trust structures 35:24 Understanding assets to be included in the Trust 39:48 Inter-vivos Trusts vs Will Trusts: pros and cons to consider 42:42 Setting up a Trust in an off-shore vs on-shore jurisdiction 48:47 Fees for setting up and managing a Trust If you wish to learn more about our Private Client, Probate & Trust practice, please check the dedicated section of our website: https://www.hugillandip.com/legal-services/private-client-probate-trust/

Frances specialises in family law: divorce and separations as well as children custody, care and control. She also represents clients in matters related to inheritance provisions for dependants. Learn more: https://www.hugillandip.com/solicitors/frances-tsang/

Frances Tsang and Raphael Wong discuss key elements related to adoption: criteria and procedures for adopting, the difference between doing an adoption privately or through the Social Welfare Department, getting consent following a court application, and the effects of adoption. They also highlight cases and first-hand experience in recent years. Show Notes01:03 Different types of adoption 02:05 Statistics 03:08 Criteria 05:16 Consent and restrictions 16:27 Adoption by same-sex couples 17:51 The role of the Social Welfare Department 23:25 Overseas relocation Learn more: https://www.hugillandip.com/2023/01/podcast-s4e4-family-the-adoption-process-in-hong-kong/

Raphael specializes in Family and Private Client practice, including matrimonial, Probate & Trusts – both contentious and non-contentious. Learn more: https://www.hugillandip.com/solicitors/raphael-wong/

Jacqueline assists clients with non-contentious cross-jurisdictional probate and estate administration legal matters, as well as estate planning and drafting wills for high net-worth individuals. Learn more about her: https://www.hugillandip.com/solicitors/jacqueline-cheng/

Hong Kong families are generally familiar with using different assets holding structures (including off-shore structures) to hold their family assets, businesses, real estate and investment portfolios. However, such structures may have been set up without the assistance from professional advisors or may no longer be fit for purpose which can give rise to disputes. We are one of the few law firms in Hong Kong with a dedicated practice in contentious trusts and estates, combining our expertise in advising private clients in their wealth and estate planning and resolving any potential disputes among family members. Get more insights about our Contentious Trusts & Estates: https://www.hugillandip.com/legal-services/contentious-trusts-estates/

Alfred Ip and Geraint Ho discuss how family businesses and asset-holding companies can add another layer of complexity to family wealth disputes. They share common scenarios of wealth disputes and some of tips on how to best avoid these situations when setting up a family company or when planning its generational succession. Show Notes00:57 The purpose of asset-holding vehicles 06:36 Family business and generational succession 11:06 Articles of Association 13:55 Common family business disputes 18:18 Valuation of a business 20:04 The importance of proper Estate Planning Learn more: https://www.hugillandip.com/2022/10/podcast-s4e3-contentious-trusts-estates-family-disputes-involving-companies/

Adam Hugill walks through the Labour Tribunal rules, procedures and what to expect in employment disputes. He references his experience giving practical advice and using real-life examples. Show Notes 01:27 The purpose of the Labour Tribunal 02:52 Type of claims and limitation period 05:08 Transferring claims to other courts 05:54 How does the process work? 08:12 Settlements 09:18 Duration and managing stress  12:00 Some examples of Labour Tribunal trials 14:34 Witness evidence and VCF 18:35 Appeals 21:04 Legal costs and recoverable expenses Learn more & Subscribe: https://www.hugillandip.com/2022/07/podcast-s4e2-employment-labour-tribunal-proceedings/

We celebrate Labour Day with a discussion on parental leave policies and challenges that Migrant Domestic Workers (MDWs) face with employers during pregnancy. Alyson Hau (Presenter & Producer, RTHK) asks our Adam Hugill about legal protections afforded to individuals in case of discrimination in the workplace as well as the relatively recent legal changes to parental leave, while Alisha Fernando (Head of Diversity & Inclusion – APAC at Bloomberg LP) highlights the family-friendly policies that the company grants to its staff and the upsides of talent attraction and retention that should be at the core of every business. Catherine Gurtin (CEO of PathFinders) talks about issues related to (mostly unplanned) pregnancy of MDWs and gives advice to employers.

Businesses are advised by our data privacy experts for help in adopting sound privacy and security practices, ensuring regulatory and legal compliance, and protecting their competitive advantage. Get more insights about our Data Privacy practice: https://www.hugillandip.com/legal-services/data-privacy/

We are pleased to bring you a webinar co-hosted with PathFinders. Catherine Gurtin and Alfred Ip discuss how to put the right mechanisms in place for the safety and security of children. SHOW NOTES 01:03 PathFinders and the protection of Migrant Domestic Workers (MDW)' children 03:32 Impact of COVID-19 5th wave on MDWs 07:47 Clients' urgent issues and timing to find solutions 10:20 The importance of Deeds of Guardianship 17:48 Protecting the best interests of the child 28:00 MDWs' challenges as mothers and their contribution to Hong Kong society 36:02 How much of a difference can a donation make? 39:40 Estate planning of charitable gifts 42:04 The delicate relationship between MDWs and their employers 47:02 Q&A Learn More & Donate: https://www.hugillandip.com/2022/04/webinar-pathguardianshk-helping-vulnerable-children-and-their-mothers/

Jonathan Gray and Geraint Ho discuss essential considerations that parties who wish to start litigation proceedings should bear in mind. While some are technical civil litigation issues, others might also involve commercial and reputation elements. Show Notes02:09 Initial assessment and contract terms 04:20 Variations and breaches of contract 08:36 Limitation or exclusion clauses 10:05 Jurisdiction and dispute resolution clauses 13:09 Limitation periods 15:05 Collecting evidence 17:54 Non-legal considerations Transcripts & More: https://www.hugillandip.com/2022/03/podcast-s4e1-dispute-resolution-considerations-before-starting-a-commercial-dispute/

We are ready to kick off with a new podcast series of the HIP talks. We will discuss legal issues related to our core practice areas. Available on: Hugill & Ip's website: https://www.hugillandip.com/the-hip-talks/ Apple podcasts: https://podcasts.apple.com/podcast/the-hip-talks/id1493155949 Google Podcasts: https://www.google.com/podcasts?feed=aHR0cHM6Ly90aGVoaXB0YWxrcy5saWJzeW4uY29tL3Jzcw%3D%3D  Spotify: https://open.spotify.com/show/55mdTxGOcYg2rjHXX0WlZw Stitcher: https://www.stitcher.com/podcast/the-hip-talks 

Angus McLean and Adam Hugill talk about the use of social media and the impact that it can have in the workplace. Adam highlights some examples which ended up creating a substantial amount of trouble for the employee. They also discuss an employer's ability to monitor employees' social media accounts and data privacy regulations in Hong Kong. Adam wraps up pointing out real-life issues that employers and employees should pay attention to avoid potential embarrassment or disputes. Show Notes01:02 Social media as a widespread phenomenon 02:00 Justine Sacco case 03:09 Rachel Burns case 05:03 Dismissal – including for gross misconduct 06:36 Monitoring employees' social media accounts 07:33 The 3 As: Assessment – Alternative – Accountability 08:16 The 3 Cs: Clarity – Communication – Control 09:20 Tips for employees 10:04 Tips for employers

We handle all aspects of wills and trusts, estate planning, and probate matters - including estate administration, guardianship and mental capacity issues Get more insights about our practice: https://www.hugillandip.com/legal-services/private-client-probate-trust/

Alfred Ip and Raphael Wong discuss nuptial agreements – prenuptial and postnuptial. They talk about enforceability, legal representation, assets disclosure and renegotiation, as in the high-profile rumored case of Melania Trump and the former US President. They also compare such arrangements for protecting financial assets using Family Trusts and give real-life examples about how individual situations might differ. Show Notes02:59 What is a nuptial agreement? 06:16 Are family trusts an alternative? 07:30 Radmacher v Granatino 09:12 Enforceability of nuptial agreements 12:17 Legal representation of the parties 12:58 Full and frank disclosure 17:17 Reviewing and renegotiating agreements 19:23 Choice of law and choice of court 21:29 To sum up

Jonathan specialises in dispute resolution, acting for clients in a wide range of general commercial disputes covering both litigation and arbitration. He also advises on both contentious and non-contentious employment law matters. Learn more: https://www.hugillandip.com/solicitors/jonathan-gray/

By making sense of complex problems, we are able to resolve all kinds of disputes through civil litigation, arbitration or mediation in a quick and cost-effective way. Get more insights about our Dispute Resolution practice: https://www.hugillandip.com/legal-services/dispute-resolution/

Carmen Tang and Carly Fan discuss key issues related to personal data in the workplace, including practical advice for employers and employees which span from the recruiting process to monitoring employees' activities – from collecting, sharing and updating data to complying with data access requests. They also give an overview about data privacy issues affected by the COVID-19 pandemic. Show Notes00:43 Recruitment process and personal data 06:09 Data access requests 09:26 Monitoring of employees' activities 10:15 The 3 As: Assessment – Alternative – Accountability 12:34 The 3 Cs: Clarity – Communication – Control 13:47 Suspicion of unlawful activities 16:25 Time limits for keeping data 18:25 COVID-19 and employees' data

Alfred assists high net-worth individuals (HNWIs) in handling their wealth-related issues, such as contentious and non-contentious trust and probate, mental capacity, family office, amongst other wealth management matters. He is also a leading Dispute Resolution lawyer with over 20 years of experience in Hong Kong. Moreover, Alfred helps clients with issues regarding Family Law. Learn more > https://www.hugillandip.com/solicitors/alfred-ip/

Alfred Ip and Geraint Ho discuss essential points related to disputes involving Wills and their validity, including provisions which can be afforded to dependants and creditors towards an estate. They also highlight some high-profile estate dispute cases in Hong Kong Courts and how to properly approach your Estate Planning. SHOW NOTES 00:41 Proving a Will 02:45 Entering a caveat 11:09 Real life scenarios 14:58 Carrying out an investigation 16:43 Client-solicitor confidentiality 18:25 Settling inheritance disputes 19:30 Inheritance Provision for Family and Dependants Ordinance, Cap. 481 24:59 Validity of the Will 26:10 Landmark cases in Hong Kong 28:08 Final considerations on Estate Planning

By offering clear, pragmatic and commercial advice, we assist clients in protecting and advancing their business Learn more: https://www.hugillandip.com/legal-services/corporate-commercial/

Christopher Hooley and Jonathan Gray discuss shareholder agreements and eventual disputes. They give a holistic perspective on the topic – which spans from Corporate & Commercial to Dispute Resolution in how to strategize and implement necessary contractual protections in case disputes will arise. They highlight practical ways to settle such disagreements – including mediation and arbitration which might be used as alternative ways to resolve conflicts amongst shareholders. SHOW NOTES 02:49 Breach of contract 03:48 Diverging interests 05:19 Contractual rights 09:09 Early stages of a dispute 13:32 Settling a dispute 16:27 Option deeds 19:05 Arbitration of disputes 23:36 Final considerations Learn more: https://www.hugillandip.com/2021/05/podcast-s3e2-corporate-commercial-shareholder-disputes/

Chris advises on a wide range of corporate commercial, corporate finance, mergers and acquisition, information technology matters, from strategising on tech driven start ups to drafting documentation required for complex cross border transactions. Learn more: https://www.hugillandip.com/solicitors/christopher-hooley/

Family law is an emotional and complex area and requires a very specific skill set. We provide a bespoke, pragmatic and cost-efficient approach to assisting in family breakdowns and disputes. Learn more: https://www.hugillandip.com/legal-services/family/

Carmen has worked in both private and public sectors. After working as regulatory counsel, she returned to private practice in Dispute Resolution and Data Privacy. Learn more > https://www.hugillandip.com/solicitors/carmen-tang/

We offer pragmatic and tailored solutions to our clients, adding value beyond pure employment and immigration law knowledge. Our Employment practice is constantly developing to keep pace with the law and has gained a respected position with employers, employees and among our peers as being at the forefront of providing practical and straightforward advice in a complex and developing area of law. Learn more > https://www.hugillandip.com/legal-services/employment-and-immigration/

Adam Hugill and Jacqueline Cheng discuss the topic of bonuses, including end of year payments, performance and discretionary bonuses. Adam also highlights the impact of case law in Hong Kong and the UK which have a relevant impact on Courts decisions, as well as offering practical tips for employers when dealing with employment contracts and employees' bonus claims. SHOW NOTES 00:54 Different types of bonuses 02:23 The Employment Ordinance 05:53 Performance bonuses 07:15 Discretionary bonuses 08:21 Wong Huey Lam and Colgate Palmolive 10:24 Clark v Nomura 11:40 Post v Nomura 12:44 Sunny Tadjudin v Bank of America 13:53 Advice for employers Learn More > https://www.hugillandip.com/legal-services/employment-and-immigration/

Adam specialises in employment law in Hong Kong and the Asia-Pacific region. He also advises on a wide range of legal and commercial issues, both contentious and non-contentious, in the region and beyond. Learn More >

We are extremely excited to launch our new podcast series soon. Subscribe to the HIP talks for more updates!