Drafting,review and negotiation of contract and agreement
Our services
- Drafting, review and negotiation of contract and agreement;
- Legal advice to enterprises;
- Corporate finance (including M&A and IPO);
- Labour dispute and employment matters;
- Immigration law and visa applications;
- Intellectual property;
- Legal advice to individual;
- Legal-related translation and interpretation services in Japanese, English and Chinese
我們的服務
- 草議及審閱各類合同及法律文件；
- 為企業及個人提供各類法律意見；
- 企業融資（包括上市及收購合併）的法律服務；
- 勞資糾紛及僱用員工之法律問題；
- 提供有關入境條例之法律意見及各類簽證申請；
- 信託及遺產承辦
- 知識產權相關的法律服務；
- 提供日語，英語及中文的有關法律翻譯
Litigation, Dispute, Arbitration, Legal Claim
Whenever disputes arise (e.g. non-payment of a contract sum), you may consider appointing a lawyer to issue a demand letter (Demand Letter) to recover the debt for you. However, most of the situation, it is not that simple to settle the matter by just a letter and in most cases the disputes must be settled before the court.
Hong Kong is a common law system, and if the dispute becomes a legal action in court, you will usually have to hire at least 2 different lawyers, a solicitor (for easy understanding, lawyers specialising in paper work and with limited right of appeaing before the court) and a barrister (lawyer specialising in court hearing), except in small claims cases (HK$75,000) or those uncomplicated case which can be handled by solicitor only. Unlike Japan, contingency fees are not permitted in Hong Kong. Meanwhile, a barrister cannot take instruction from from the client directly and must always accept instructions only from the solicitor.
Litigation in Hong Kong is time-consuming and expensive, but 90 per cent of cases end in settlement rather than going to final trial.
香港における民事訴訟①
香港における民事訴訟②
香港における民事訴訟③
香港における民事訴訟④
香港における民事訴訟⑤
香港における民事訴訟⑥
Legal advice to enterprises
Even though business in Hong Kong is relatively unregulated and free, some industries, such as pharmaceuticals and financial services, do require a licence and are regulated. We can assist you in researching the legal requirements and obtaining the necessary licences when starting a new business in Hong Kong. In addition, the following services may be necessary when starting a new business in Hong Kong
-Setting up a company
-Opening a corporate account
-Leasing an office or house
-Visas
-Review / drafting of contract: Hong Kong is a society emphasising the “spirit of contracts”, it is important to have lawyers to protect your interests in looking after your contracts.
Hong Kong Probate
If you encounter with the above difficulties, we are able to:
- carry out inheritance procedures on your behalf if you are unable to do so by yourself.
- There is no need for the heirs to travel to Hong Kong.
- We have experience and know-how in handling over hundreds of inheritance applications for Japanese leaving estate in Hong Kong.
- There is a possibility that a guarantor or insurance is required by the court (the so-called sureties’ guarantee), which is a costly and hard-to-achieve requirements (especially if there are minor’s interest) but we are experienced in applying for waiver of such a requirement.
- Costs are reduced because there is no agent in between (it is illegal in Hong Kong for anyone other than the heir or a Hong Kong lawyer submit an application for probate).
- (2) The legal (conflict of law) and language differences between Japan and Hong Kong can be bridged.
All property held in Hong Kong by the deceased, including deposits, shares, corporations and real estate, must be handled by obtaining a probate or Letter of Administration from the Hong Kong court (Probate Registry). The deceased’s assets cannot be moved or transferred in any way without such a probate or Letter of Administration because it is illegal to do so.
In particular, if the deceased is a Japanese, the inheritance process will be more complicated than a local Chinese. The Hong Kong court will expect a Japanese legal opinion for determining whether the heir is entitled to the estate of the Deceased according to the inheritance procedures in Japan. Although “inheritance” is a civil matter, it is nevertheless held to the same high standards as a criminal trial and sometimes it must be proven to a level beyond reasonable doubt.
Acting on behalf of client in Hong Kong in inheritance process is the exclusive practice of Hong Kong law lawyers only, and is handled by the Law Firm.
In the unlikely event that a will is to be drawn up, we recommend that the assets in Hong Kong be drawn up in Hong Kong form, not in a Japanese will, in order to avoid delay and queries by the court.
For more information on the Hong Kong estate planning process, please see this website.
Criminal in Hong Kong
White Collar Crime (business, corporate, company)
There is a worrying sign in recent years that there is an upsurge of white collar crimes in Hong Kong.
Actually, Japanese companies doing business in Hong Kong is no exception to this trend. The typical
white collar crimes involving Japanese staff and companies are embezzlement, cybercrime, money
laundering, fraud or forgery. From our experiences, we came across many companies being the victims
of such crimes had adopted a negative approach in resolving the problems or even trying to cover up the
problems by turning a blind eye on the matters. It goes without saying that we had seen many
wrongdoers were let go. In fact, the culprits of such a mindset amongst Japanese companies in Hong
Kong are mostly due to the worry of attracting negative publicity or the unwilling of getting involved in
time-consuming investigation and court procedures in Hong Kong. However, this short-sighted approach
would do more harm than good. In the long term, same or similar crimes may happen again, and
talented employees may lose confident in working in a company lacking corporate governance. Having
said, any company suffering from white collar crimes should instantly seek to advice from lawyers. All
those fears and worries may turn out to be easy if early legal advice can be taken at an earlier stage until
it is too late to be resolved.
Typical examples:
Embezzlements: Direct theft of company monies by stealing the petty cash of the companies or having
access to tamper with the accounts of the company
Cybercrime: Hacking of company server; outsider impersonating email accounts of business partners or
suppliers ( e.g. xxx@sony.com xxx@suny.com or xxx@soony.com etc.)
Fraud and forgery: Inflating the contract amounts and receiving kickbacks / commission
Money laundering: The dealing of all monies related to / originating from crimes
Common criminal cases in Hong Kong involving Japanese
Criminal case
My family member has been arrested.
I do not want to get a criminal record.
-Theft
-Indecent Assault
-Sex offence
-Unlawful employment
How an arrest take place
In general, upon receiving complaints from victims, unless the complaint is clearly vexatious;
unsustainable or ungrounded, in most situations, the law enforcement body (police, ICAC,
customs etc.) will take “immediate” action to arrest the suspect for investigation. Worse still,
the arrest will usually take place at night (or even mid-night). Since many Japanese people are
having no local connections in Hong Kong, close relative or friend are not ready to stand by to
provide any assistance, and the arrested person will end up facing the situation helplessly
alone and the pressure of being detained in custody is insurmountable. This kind of pressure
could be devastating because the arrested person will be tempted to commit the fatal mistake
of “explaining his innocence” or “simply admitting the crime” simply for the (wrong) purpose of a
quick release to go home. Actually, the pressure and mistake is avoidable if you know the
fundamental right of an arrested person – the right to legal access. In Hong Kong, the
arrested person is fully entitled to engage a lawyer to accompany him and provide legal advice
during his detention and investigation by the authorities. Since it is outright illegal for the law
enforcement body to prohibit you to engage legal representative, they (or through the
interpreter) will make up many excuses during the side-talk on order to “discourage” you to
engage a lawyer to represent you, in a very subtle way, such as:
- Lawyer is very expensive
- Lawyer is of no use
- The matter (crime) is just very trivial, why try to engage a lawyer?
- The lawyer will only delay our investigation, why we waste the time in waiting for a lawyer
to come, we all want to finish and you want to go home as soon as possible, right?
Therefore, you must be very careful if you hear the above “advice”, which is a subtle way of
dissuading you from contacting a lawyer.
Procedure of investigation
Investigation is not that formidable as you may think (if you have a lawyer to accompany or you
are a seasoned criminal). The investigation will usually be conducted in a tiny room in the
presence of a Japanese-Cantonese interpreter (arranged by the police). However, if you
engage us, our Mr. Andy Cheng (conversant in both Japanese and Cantonese) will provide full
professional assistance to you and your nervousness (and the risk of making mistakes) will be
greatly reduced.
After the investigation, the authority may consider prosecute you and in such a case, we will be
defending your case vigorously. Unlike Japan, where 99% of cases under prosecution will lead
to an adjudication of guilty. In Hong Kong, we are experienced in exploring other options with
the court and prosecution including bind-over, offer-no-evidence and also we are experienced
in mitigation for punishment other than a prison term such as paying a fine, suspended
sentence or community service order.
Speed (to engage legal representative) is extremely in criminal matters. In the unfortunate
event that you are arrested, please contact us immediately (even at night time). It is imperative
to remain you that it is in your best interest to have a lawyer to represent you.
中国委託公証 China Attesting Services, Notary, Certificed true copy,Apostille,
Andy Lawyer is a China Attesting Officer. A China Attesting Officer is delegated by the Chinese Judiciary Authority to provide truthfulness, legality and legal opinions on acts, facts and documents relating to Hong Kong for use in mainland China. This qualification is held by no more than 5% of lawyers in Hong Kong. It is required for Japanese companies setting up subsidiaries in China, company information and oaths of office as directors. Specific documents, which are in Chinese, can be found here.
An international notarisation is required for individuals, such as a power of attorney for a Hong Kong resident wishing to buy or sell real estate in Japan, and for corporations wishing to establish a subsidiary of a Hong Kong company in Vietnam, Indonesia or other countries.
- Affidavit
- Signature certificate
- Passport and proof of address
- Company registration information
- When setting up a subsidiary overseas (e.g. China, Vietnam or India) from a Hong Kong company
- Purchasing property in Japan as a Hong Kong company (proof as an individual or company. Signature proof. I have also written opinion letters for loans).
I have submitted the above documents as proof of my status as an individual or company overseas for Hong Kong (including China).
Certification (Certified True Copy) is often required within Hong Kong. The document is certified by a lawyer to be a correct duplicate of the original. It was mentioned that it was completely impossible to open a personal account with HSBC just a year or so ago, but recently they have loosened up a bit, and I recently translated, certified and certified my residence certificate.
The key to this is what documents are accepted by the destination, but it is nerve-wracking because the actual costs to the Chinese government are considerable and you cannot afford to make a mistake.
If you have any problems with notarisation in Hong Kong, please feel free to contact us.
鄭國有律師是香港執業律師，並是中華人民共和國司法部所委任的中國委托公証人（委託公証人） 。所謂委托公證（公証），就是指委托公証人受司法部委托出具送往中國內地使用的證明文件的法律行為。具體來說，委托公証人的業務範圍是證明發生在香港的法律行為，有法律意義的事實和文書而證明的使用範圍則在內地。
常見的公證（公証）文書
公司：
公司類聲明
公司資料證明
公司董事／秘書聲明
申請港資企業證明函聲明
獨資東主決定聲明
合夥人通過決議聲明
公司註冊（登記）證明書
公司委托書（授權書）
商標註冊資料證明
文件的原本及複印本的證明
等等
個人：
個人委托書
贈與／受贈書
同一人聲明書
申請結婚聲明
申請夫妻關係／結婚公證聲明
香港登記結婚證明
申請來港聲明
經濟擔保聲明
文件的原本及複印本的證明
繼承遺產聲明
收養子女聲明
收養委托
未申請放棄中國國籍聲明書
履歷聲明書
無犯罪紀錄證明聲明書
生存聲明
等等
查詢：
鄭國有律師事務所
所在地： 香港（九龍 尖沙嘴 尖沙咀）
電話： 2317-6055 （星期一至星期六）
地址： 香港九龍尖沙嘴（尖沙咀）梳士巴利道3號星光行10樓1015室
電郵： info@andysolicitor.com
简介
郑国有律师是香港执业律师，并是中华人民共和国司法部所委任的中国委托公证人（委托公证人）。所谓委托公证（公证），就是指委托公证人受司法部委托出具送往中国内地使用的证明文件的法律行为。具体来说，委托公证人的业务范围是证明发生在香港的法律行为，有法律意义的事实和文书而证明的使用范围则在内地。
常见的公证文书
公司：
公司类声明
公司资料证明
公司董事／秘书声明
申请港资企业证明函声明
独资东主决定声明
合伙人通过决议声明
公司注册（登记）证明书
公司委托书（授权书）
商标注册资料证明
文件的原本及复印本的证明
等等
个人：
个人委托书
赠与／受赠书
同一人声明书
申请结婚声明
申请夫妻关系／结婚公证声明
香港登记结婚证明
申请来港声明
经济担保声明
文件的原本及复印本的证明
继承遗产声明
收养子女声明
收养委托
未申请放弃中国国籍声明书
厉历声明书
无犯罪纪录证明声明书
生存声明
等等
查询：
郑国有律师事务所
电话： 2317-6055 （星期一至星期六）
地址： 香港九龙尖沙嘴（尖沙咀）梳士巴利道3号星光行10楼1015室
电邮： info@andysolicitor.com
Corporate finance (including M&A and IPO)
We handle various M&A transactions such as mergers, share transfers, corporate restructuring (share exchange, share transfer, demerger). We handle everything from planning alliances, acquisitions and restructurings that best suit your company’s objectives (legal due diligence on the target company), contract negotiations, drafting, checking and negotiating contracts. We have extensive experience from the preparation stage of a Hong Kong listing to post-listing compliance and dealing with the SFC for the listing.
Visas for Hong Kong
Section 41 of the Hong Kong Immigration Ordinance states that ‘no person, irrespective of his or her income, shall work without obtaining permission from the Immigration Office.’ This is a provision of the Hong Kong Immigration Ordinance. Section 17I of the Hong Kong Immigration Ordinance imposes a fine of HK$50,000 and two years’ imprisonment on illegal workers and a fine of HK$350,000 and three years’ imprisonment on employers who allow illegal workers to work.
Employment visa
This visa is for expatriates from Japan to Hong Kong to work or be employed locally. The position must be in a managerial or professional capacity and the applicant must have extensive experience and knowledge of the position.
Investment Visa
This visa is for shareholders of a Hong Kong company. They must be able to demonstrate that they will contribute to the Hong Kong economy in terms of office space rental and employment of Hong Kong nationals.
Family Visa Dependent Visa
This visa is available to family members working in Hong Kong, spouses of Hong Kong nationals and spouses of foreigners who hold a permanent identity card. There are restrictions on the conditions for children accompanying a family member, who must be under 18 years of age and single.
Capital Investment Entrant Scheme CIES
The visa is conditional on investment of at least HK$30 million (approximately ¥580 million) in a Hong Kong Government designated entity. Dependents are also eligible for a family visa and can obtain permanent residence in Hong Kong if they have continuously invested and resided in Hong Kong financial assets for at least seven years.
High-net-worth individuals benefit from Hong Kong’s low tax rates, including a 15% personal income tax rate, capital gains and dividend income tax exemption, which they can legally enjoy.
Training Visa Training Visa
This visa is for training purposes and can only be obtained for a maximum of 12 months, after which it cannot be switched to another visa status.
Visa procedure flow
Labour dispute and employment matters
We handle everything from preventive legal work to prevent problems with employees to resolving disputes that have arisen. We are also experienced in dealing with cases in which an employee has sued (labour tribunal).
Drafting and checking employment contracts, rules of employment, etc.
Consultation, handling and witnessing of dismissals, industrial accidents, etc.
Representation and witnessing of collective bargaining with trade unions
Intellectual property
Trademarks
Designs
Patents
Under Hong Kong’s one-country, two-system system, applications for the above intellectual property protection in Hong Kong must be filed separately from those in China.
In other words, patents, designs and trademarks obtained in China do not extend to Hong Kong.
Many companies that set up in Hong Kong then move on to mainland China, but it is important to note that the trademark rights in mainland China may be seized by the relevant parties. It is therefore effective for companies setting up in Hong Kong to have their mainland rights under control at the same time.
