Hong Kong Family Court Practice, 4th Edition

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Hong Kong Family Court Practice, 4th Edition

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About the book

Since its original publication in 2010, Family Court Practice has become a required reading for lawyers and judges engaged in family practice at all levels in Hong Kong (Family Court, High Court, and Court of Final Appeal). Being a comprehensive, practical, and critical account of the law drafted from the viewpoint of experienced practitioners, this book contains the only one-stop comprehensive collection of primary sources (Practice Directions, Ordinances, subsidiary legislation, and international law), and practice and procedure checklists. It also includes precedents, ancillary relief tables, lists of leading cases, and useful websites arranged by subject.

What’s key in this title

This edition covers major decisions, statutory updates, and practice directions since 2020 that are critical for practitioners in matrimonial law in Hong Kong, including:
- The Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap 188), and the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap 639);
- The Family Procedure Bill on procedural reforms for the family justice system;
- The Children’s Proceedings (Parental Responsibility) Bill seeking to address changes in custody, care and control rights and the relevant procedures; and
- Notable decisions including but not limited to:
- Interlocutory applications under PD 4.1 and PD 15.11;
- Child abduction, wardship proceedings and Hague proceedings;
- A rare example wherein costs were awarded following a trial relating to children matters;
- Ancillary relief matters where children are involved;
- Surrogacy, parental orders, and the respective rights;
- Third party interests in a landed property;
- Third party and/or litigation funding against the backdrop of legal principles relating to champerty and maintenance;
- The underlying costs implications should parties wish to appeal against a decision, including those of an interim nature;
- Civil contempt, committal proceedings and enforcement of court orders, such as a Hadkinson order;
- Same-sex marriage and the relevant legal principles on fundamental rights of marriage, including recent developments relating to Articles 4, 10, 11, 14, 16 and 22 of the Hong Kong Bill of Rights Ordinance (Cap 383);
- Wardship and custody rights in same-sex relationships;
- Modes of services and remote hearings in response to COVID-19; and
- Smart contracts and blockchain technology in the context of matrimonial law.

 Chapter 1 - Matrimonial Causes & Family Proceedings
 Chapter 2 - Marriage 
 Chapter 3 - Divorce 
 Chapter 4 - Ancillary Relief & Financial Orders
 Chapter 5 - Children 
 Chapter 6 - Domestic Violence Injunctions
 Chapter 7 - Injunctions 
 Chapter 8 - Enforcement 
 Chapter 9 - Costs 
 Chapter 10 - Legal Aid 
 Chapter 11 - ADR & Mediation 
 Chapter 12 - Leading Judgments 
 Appendix I - Practice Directions 
 Appendix II - International Law 
 Appendix III - Practice & Procedure : Suggested Checklists 
 Appendix IV - Ancillary Relief Tables 
 Appendix V - Codes of Conduct & Practice 
 Appendix VI - Forms (Sample & Non-Statutory)

Barrister-at-Law, England & Wales (1990), Hong Kong (2000), Adjunct Professor, Faculty of Law, The University of Hong Kong, CEDR Accredited Mediator Keith Hotten

Keith Hotten is a practising barrister and member of Admiralty Chambers. He is also an Adjunct Professor in the Faculty of Law at the University of Hong Kong. A member of the Middle Temple, he practised from chambers in London from 1990 until he was Called to the Hong Kong Bar in 2000. He now specialises in all aspects of family law and matrimonial finance in the Family Court and is a CEDR accredited mediator.

Solicitor (1986), Mediator and Part-time Lecturer, Fellow of International Academy of Family Lawyers, Former Adjunct Professor of Hong Kong Shue Yan University and Adjunct Professor of City University of Hong Kong, Collaborative Practitioner and Parent Co Dennis Ho

Dennis Chi Kuen Ho has practised family law for over 30 years and is now the Chairman of the Family Law Committee of the Law Society of Hong Kong. He was a part time lecturer on family law for the Juris Doctorates in the Chinese University of Hong Kong and the City University of Hong Kong, and was an adjunct professor to the Hong Kong Shue Yan University and to City University of Hong Kong. He is also a family mediator, Parents Coordinator and a trained practitioner for Collaborative Practice in Hong Kong to resolve family disputes.

Barrister-at-law, QED Chambers Mathilda Kwong

Mathilda Kwong obtained a double degree of BBA (Law), majoring in wealth management & LLB at the University of Hong Kong. She is currently practising as a barrister-at-law at QED Chambers. She has contributed to the editing of Hotten and Ho on Family and Divorce Law in Hong Kong since 2020. She is developing her matrimonial law practice in Hong Kong.