Insights Archive
Page 1 Items 1-4 of 4
8 October, 2022
Family trust and pre-nuptial Agreement in Matrimonial Proceedings
The background of these two tools, and their legal positions in Hong Kong matrimonial law
When a romantic relationship secured by oaths in the marriage has come to an end, not many couples dealing with divorce could meet an agreement peacefully. Many people have considered bringing in preventive measures such as a family trust or a pre-nuptial agreement in hope of simplifying matrimonial proceedings and protecting certain individual assets.
6 October, 2022
The Significance of Mental Illness
Capacity in relation to Crime in Hong Kong
Mental illness and crime are arguably perceived to have close or even causal relation, partly because of the overrepresentation of offenders with mental issues in the criminal justice system. In view of this, under the influence of bias and prejudice, some people may unfortunately hold a hostile attitude towards people with mental illness and consider them as potential threats in society. The situation is apparent when it comes to diseases that the public are unfamiliar with, such as schizophrenia, bipolar disorder and borderline personality disorder, to name a few. Nonetheless, whether there is a relation between crime and mental illness is still in doubt.
5 October, 2022
The legal status of Transgender Marriage
Across Hong Kong and other Countries
Traditionally, society has labelled gender as either “female” or “male”, which is assigned when a person is born. While some individuals identify themselves as “female” and some “male”, it is not uncommon where people identify themselves as a gender which is different to what they were born with. Other than identifying as “non-binary”, such change is defined as “transsexuality”. For transgender individuals, it could be unclear what the criteria are when it comes to determining the “legal gender” of a person for the purposes of marriage and what steps must be taken to enter into a legally recognised marriage under the current matrimonial laws. This essay will compare and contrast the legal status of transgender marriage across Hong Kong and other common law jurisdictions, in particular the UK, the US and Australia.
23 September, 2022
Following, Tracing and Stranger to a Trust
This article introduces concepts from trust law of interest to the everyday person
Following and tracing allows property involuntarily taken from the original owner by reason of theft, breach of trust or mistake, to be identified, located, and followed by a proprietary remedy. They are, however, distinct processes per Lord Millett in Foskett v Mckeown.
Page 1 Items 1-4 of 4