SPECIALIST AREA
Airplanes and Airports
Aviation security, conduct aboard aircraft and airport investigations.
We have advised people facing allegations under the Aviation Security Ordinance (Cap. 494) arising from incidents aboard aircraft or at Hong Kong International Airport. Allegations may concern unruly or intoxicated behaviour on an aircraft, obstruction of crew members, or other conduct affecting aviation security.
A person arrested following an incident on an aircraft arriving in Hong Kong, or at the airport itself, may be detained at Airport Police Station while the matter is investigated. If a charge is brought, the case will commonly begin in the Magistrates' Courts. We can provide advice and representation from the investigation stage through to court proceedings.
SPECIALIST AREA
Animals
Criminal liability, seizure and control proceedings involving domestic animals.
Hong Kong law can impose criminal liability on owners and keepers of cats and dogs. The Agriculture, Fisheries and Conservation Department and the Police exercise powers under legislation including the Dogs and Cats Ordinance (Cap. 167), which may include seizing and detaining an animal and applying to the court for an order that a dog be destroyed or kept under control.
Pet owners may also face liability under the Rabies Ordinance (Cap. 421) and animal-welfare legislation. We have advised pet owners and charities and represented individuals in prosecutions brought by the relevant authorities.
SPECIALIST AREA
Firearms, Munitions and Offensive Weapons
Firearms, imitation firearms, offensive weapons, prohibited weapons and stun guns.
We have advised on the following:
- Possession of firearms or arms. Please see HKSAR v Sin Ka-leung, DCCC 50/2015.
- Possession of an imitation firearm contrary to section 20 of the Firearms and Ammunition Ordinance (Cap. 238).
- Possession of an offensive weapon in a public place contrary to section 33(1) of the Public Order Ordinance (Cap. 245), or section 17 of the Summary Offences Ordinance (Cap. 228); or possession of a prohibited weapon contrary to section 4 of the Weapons Ordinance (Cap. 217).
- Possession of a stun gun contrary to section 13 of the Firearms and Ammunition Ordinance (Cap. 238).
SPECIALIST AREA
Food and Environmental Hygiene Department
Food-business licensing, regulatory requirements and prosecutions.
The Food and Environmental Hygiene Department is responsible for helping ensure that food offered for sale in Hong Kong is fit and safe for consumption. Its work includes licensing and regulating restaurants, fresh provision shops, bakeries, canteens and other food premises.
We assist establishments with licence applications and requisitions raised during the application process. The Department may also prosecute following an inspection. We can advise and represent restaurants and other operators in licensing matters and prosecutions initiated by the Department.
SPECIALIST AREA
Mandatory Provident Fund Schemes Ordinance Offences
Employer obligations, mandatory contributions and information supplied to the MPFA.
The Mandatory Provident Fund Schemes Ordinance (Cap. 485) establishes and regulates Hong Kong's mandatory provident fund system, including enrolment, contributions, registered schemes, approved trustees, sales and marketing activities, and the functions of the Mandatory Provident Fund Schemes Authority.
Offences may include failing to enrol an employee in an MPF scheme, failing to pay mandatory contributions to a trustee, providing false or misleading information in monthly pay records, or providing false or misleading information to an MPF trustee or the Authority. We have acted for employers and employees under investigation and assisted persons prosecuted by the Authority.
SPECIALIST AREA
Marine Department Prosecutions
Navigation, vessel safety, dangerous goods and marine regulatory proceedings.
Hong Kong is a major international port. The Marine Department is responsible for navigational matters in Hong Kong and for safety standards applying to different classes and types of vessel.
We have acted for international and local clients investigated or prosecuted under maritime legislation, including the Dangerous Goods Ordinance (Cap. 295), Freight Containers (Safety) Ordinance (Cap. 506), Merchant Shipping Ordinance (Cap. 281), Merchant Shipping (Safety) Ordinance (Cap. 369), Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413), and Merchant Shipping (Local Vessels) Ordinance (Cap. 548).
SPECIALIST AREA
Pyramid Selling
Promotion of, participation in and management responsibility for pyramid schemes.
The Pyramid Schemes Prohibition Ordinance (Cap. 617) creates offences involving the knowing promotion of a pyramid scheme and participation in such a scheme. Where a company is involved, a director who participated directly, consented, connived or was attributable through neglect may also face personal criminal liability under the statutory provisions.
The maximum statutory penalty is a fine of HK$1 million and imprisonment for seven years. Early advice is important where the investigation concerns the structure of a sales programme, recruitment rewards, participant payments or a director's knowledge and involvement.
SPECIALIST AREA
Surrogacy
Commercial surrogacy, reproductive technology and related immigration issues.
Under section 17 of the Human Reproductive Technology Ordinance (Cap. 561), commercial surrogacy activity is prohibited whether the proposed arrangement is made in or outside Hong Kong. The Ordinance also regulates reproductive-technology procedures and related matters, including embryo research and the storage of gametes and embryos.
We have advised same-sex and opposite-sex couples on the Ordinance, sometimes together with immigration law. Applications for a dependant visa for a child may raise additional issues. We can advise on the parties' rights and obligations and on the operation of the Ordinance in matters involving the Immigration Department or the Police.