Profile
ONC Lawyers (formerly known as OR, NG & CHAN) is a leading legal practice based in Hong Kong. It was established in 1992 and has now a team of about 30 lawyers and a total staff of 80 people. Our major areas of practice include mergers and acquisitions, commercial litigation and arbitration, banking, finance and securities, shipping and logistics, intellectual property, trust and probate, real estate and property transactions.
Practice Overview
Banking & Finance
Banks and financial institutions have specific needs for legal services. Our long experience in serving bank and financial institution clients have enabled us to understand such needs and provide efficient services needed by our clients. Our works include:
- advice on compliance with banking regulations
- advice on retail and corporate banking operation
- advice on import and export bills operation
- drafting and reviewing standard agreements with customers for various banking and financial products
- preparing loan agreements and security documents for loan transactions
- enforcement of loan and security documents
- debt restructuring
- representing clients in their customer's insolvency proceedings
We also assist clients in applying for money lender licences and advise on compliance with the Money Lenders Ordinance and other regulations.
China Attesting Services
Since the reunification of Hong Kong with China, there have been increasing exchanges between Mainland China and Hong Kong. Given the differences in the legal and notarisation systems between the Mainland and Hong Kong, China-appointed attesting officer plays a key role in facilitating commercial exchanges and civil legal matters between the two places.
Our Consultant, Mr. Albert Leung, is a China-appointed attesting officer appointed by the Chinese Ministry of Justice and is authorised to attest or certify legal matters and documents in Hong Kong for use in the Mainland.
Our China attesting services include the preparation and attesting of :-
- Declaration for intended marriage in the Mainland (bachelor certificate);
- Declaration in support of application to relocate relatives from the Mainland to Hong Kong;
- Declaration for inheritance or giving up inheritance of estate;
- Declaration for adoption of children from the Mainland;
- Power of Attorney for various purposes, including:
- Appointing solicitors to conduct legal proceedings in the Mainland; and
- Appointing attorney in the sale and purchase of properties in the Mainland;
- Certifying corporate information of Hong Kong companies, including:
- Company registration and business registration particulars
- Directors' and/or shareholders' resolutions;
- Documents issued by government authorities;
- Application for CEPA service provider certificate; etc.
China Practice
Our China Practice team has extensive experience in acting for PRC or Hong Kong companies and foreign investors, for whom we provide a wide range of services including:
- initial public offerings of companies in Hong Kong with PRC background
- restructuring
- mergers and acquisitions
- formation of joint ventures
- private equity and venture capital
- project financings
- emerging companies
Our team has extensive experience in a wide range of corporate and commercial matters, with an emphasis on initial public offerings, venture capital financing, post-listing fund raising, regulatory and compliance matters, mergers and acquisitions, commercial contracts and other corporate transactions.
The senior members of our team has over 15 years of experience in handling some of the most sophisticated, complex and high profile transactions in the market and have played a leading role in advising issuers, agents and underwriters in a broad range of domestic and international private and public financings and has substantial experience in dealing with most major players in the market.
Our PRC consultant in China has solid corporate and transactional experience in PRC corporate, projects and finance matters.
ONC Lawyers works in collaboration with many prominent PRC law firms to provide a gateway for Hong Kong and overseas clients with business interests in the PRC market, and for PRC companies entering Hong Kong and doing business abroad. ONC Lawyers, together with our China counterparts, are dedicated to provide our clients with our expertise and experience in Hong Kong and China transactions.
Criminal Litigation
Our Criminal Litigation Team has in the past assisted numerous clients involved in criminal investigations or prosecutions. Our service commences not from the day the client was charged but from the time the client becomes aware that he may be charged. We pride ourselves in possessing deep knowledge of the criminal law and procedure and, more importantly, we pay meticulous attention to every detail of client's case so as to formulate a most effective defence strategy. Our services include:
- providing advice on criminal law and procedure before and after charge;
- attending Police, ICAC and other law enforcement agencies with clients;
- entering into plea bargaining for clients before or after charge;
- application for bail before trial or pending appeal;
- conducting investigation and evidence gathering before trial;
- conducting defence at all levels of courts from Magistracy to the High Court;
- conducting appeals at all levels of courts up to the Court of Final Appeal;
- conducting mitigation for clients.
Corporate & Commercial
Our Corporate/Commercial Department team believes in strategic, practical and commercially focused solution. We have a strong team of corporate lawyers who are dedicated to ensure the delivery of high quality execution of services at competitive fees. We understand the importance of learning clients' business and industry culture and we take a pragmatic approach to clients' needs.
We offer a full range of corporate and commercial services including:
- mergers and acquisitions
- banking
- loan & finance
- corporate finance and listed company compliance
- securities, futures, structured products and derivatives
investment funds and asset management
- corporate restructuring
- private equity investments
- venture capital
- regulatory and compliance matters
- foreign investment in PRC
- insurance
- insolvency and restructuring
- general corporate and commercial matters
Our clients include commercial and investment banks, financial institutions, listed corporations, investment funds, leading and emerging companies, investors and PRC companies.
Litigation & Dispute Resolution
Commercial Litigation
In addition to general contractual or commercial disputes, our team of solicitors and legal executives are particularly experienced in prosecuting or defending claims concerning:-
- banking and structured products
- commercial fraud
- defamation;
- insolvency and directors' liabilities
- insurance
- intellectual property
- international trade
- professional negligence;
- shareholders and partnership disputes;
- shipping and logistics
The successful conduct of litigation requires thorough familiarity with the court procedures and in-depth knowledge of the relevant areas of law. When it is necessary for the protection of clients' interests, we will employ such procedural weapons as assets freezing orders and civil search order to prevent a defendant from dissipating his assets or destroying the evidence, as the case may be. There have been many cases in the past where such applications were made by our firm successfully.
Disciplinary Action and Regulatory Offence
Nowadays many professionals are highly regulated, such as the financial professionals, insurance agents, social workers and medical doctors. Whilst serious transgressions are dealt with by the criminal law, more often than not, these professionals face problems with their regulatory bodies for breaches of regulatory codes committed even out of inadvertence. Our firm has in the past years been actively engaged in advising and representing clients before regulatory authorities such as:
- The Securities and Futures Commission,
- The Law Society,
- The Confederation of Insurance Brokers,
- Insurance Agents Registration Board,
- The Social Workers Registration Board
Disciplinary actions by these regulatory authorities could have serious consequences to the professionals concerned and our advice and assistance would be valuable in minimising any adverse impact.
Alternative Dispute Resolution
Litigation is not the only way to resolve disputes between the parties to them. In appropriate circumstances and from our experience, even the most contentious disputes can be resolved by way other less litigious modes such as arbitration, mediation, expert determination or valuation. These modes, otherwise known as Alternative Dispute Resolution ("ADR"), are widely accepted to be offering such advantages as being less confrontational, less formal and less time-consuming and therefore, are more cost-effective. In addition, all the proceedings are held in private and do not attract media attention.
Our team of experienced lawyers includes arbitrators and mediators. Wherever necessary and desirable, we will advise our clients to make use of ADR to their best advantage and to save costs and time.
Employment
Employment Law Practice
- We draft and review specially designed contracts for senior employees, as well as terms and conditions and staff handbook for general staff.
- We deal with contentious issues relating to restrictive covenants, non-competition undertaking, confidentiality, fiduciary and good faith duties.
- We have solid experience in applying for and defending against urgent injunctions related to these issues.
Employee Compensation Law Practice
- We advise clients in suspicious cases in which the employee’s alleged injury and/or its extent is in issue. We give clients practical solutions to check validity of claim and monitor case progress.
- We advise clients throughout the process to ensure that their interest vis-à-vis that of the employee on the one hand and also that of the concerned insurer on the other, is best protected.
- We represent clients in cases where the concerned insurer has repudiated liability under the policy in question.
Family Matrimonial
Family and matrimonial disputes create considerable stress for clients. Our experienced professionals in this department always bear in mind clients' need and fight for their interest in a way that minimizes such stress. This department deals with all legal issues arising from family disputes. Services provided include:
-Nullity of Marriage
- Separation and preparation of separation deed / judicial separation / separation order
- Divorce
- by application
- by petition and/or cross petition on the ground of
- adultery
- behaviour
- 1 year separation
- 2 year separation
- desertion
- by special procedure
- Application for Ancillary Relief, including
- maintenance pending suit
- financial provision for spouse and children
- transfer / settlement / variation of settlements for spouse / children
- minutes of agreed order / consent summons / consent order
- avoidance of transaction to preserve family assets
- Application for Custody / Guardianship / Wardship /Adoption
- for legitimate or illegitimate children
- Injunction against abduction of children
- Domestic violence injunction
- Declaration of status of marriage
- Registration of customary and modern marriages
- Enforcement Proceedings
- Management of assets for mentally incapable grown up "children" or elderly relatives
- Committee of Estate
- Enduring power of attorneys
- Other proceedings
- neglect to pay maintenance
- variation and discharge of orders
- avoidance of transactions intended to defeat maintenance claims
- attachment of income
Insurance
The insurance industry in Hong Kong is well known for its vitality and diversity. As in 1998, there are over 200 corporate insurers registered with the Insurance Authority of Hong Kong underwriting general and/or long-term insurance products.
Thanks to the establishment of the Hong Kong Federation of Insurance ("HKFI") in 1988 and other related self-regulating bodies including, the Insurance Claims Complaints Bureau ("ICCB") in 1990 and the Insurance Agents Registration Board ("IARB") in 1993 and its Appeal Tribunal in 1995, both the professional standards within the industry and the public awareness of the same have been raised substantially. As a result, many significant and complex issues have recently emerged from this area of legal practice.
Our firm has long been involved in serving the insurance industry and their customers and our previous work include:
- reviewing the standard policy provisions for insurer clients;
- advising insurer clients and devising for them special schemes to deal with specific issues including;
- estate duty implications arising from their policies;
- legal implications and liabilities of juvenile policies;
- advising insurer clients generally on their operations and legal issues of interest to them;
- hosting in-house seminars and training sessions for insurer clients;
- advising insurer clients on merits of insurance claims;
- acting for insurer clients to defend insurance claims in court and all pre-trial matters;
- acting for lay clients to claim against insurers in court and all pre-trial matters;
- advising and acting for insurance agents in disciplinary hearings and appeals; and
- running legal training courses for insurance agents co-operative bodies.
Intellectual Property
Our Intellectual Property Department assists clients in the registration, exploitation and protection of their intellectual property rights in copyright, trade marks, patents, registered designs, rights in confidential information and other related legal rights.
Registration
Our team gives advice on registration strategy, registrability and likely outcome and will assist clients to handle objections from the registration authorities or other third parties. Our service covers both local and international registration.
Exploitation
We advise on and prepare intellectual property exploitation agreements including: assignment of intellectual property rights; registered user agreement; licence agreement; author and publisher agreement and software development agreement.
Protection
We have substantial experience in handling infringement litigation both for Plaintiffs or Defendants. Our team has the capability of acting swiftly to make applications for urgent injunction and search order for Plaintiffs so as to stop infringement activities effectively and preserve evidence for claims of damages. Likewise, in acting for Defendants, we will act vigilantly to ensure that their rights are fully protected and that damages payable to the Plaintiffs will be kept to a minimum.
Personal Injury & Work Injury Claims
We have a substantial and dynamic practice in the area of personal injury litigation and employee compensation claims.
Our PI department has 6 solicitors, supported by a team of highly qualified and experienced legal executives. Amongst the solicitors, one used to be a registered nurse and one used to be a registered social worker before joining the legal profession. We pride ourselves in being not only competent and seasoned in this practice but also caring and compassionate, always seeing our clients as real people with emotions and feelings rather than just file numbers.
Although we started off acting for insurers defending Personal Injury and Employees' Compensation claims about 10 years ago, our present practice is overwhelmingly plaintiff's /claimant's cases. The cases we have handled range from relatively minor injuries to disasters, fatal cases and psychiatric injuries. We have experience in handling accidents and injuries arising from simple running down, medical professional negligence, and incidents with complicated and multiple causes. We also possess capability in handling marine accidents. To date, we are proud to state that our team has already recovered damages in tens of millions Hong Kong dollars for our clients, who either instruct us on private brief or through Legal Aid.
Property
Our Property and Conveyancing Department handles :
- property development;
- sale and purchase of real property;
- mortgage; - tenancy; and
- building management.
The Department is well established and headed by our consultant Mr. Albert Leung who has over 25 years’ of post qualification experience in property and conveyancing practice. The team members have handled large scale development projects for developers as well as the Hong Kong Housing Authority. The Department also supports our Litigation and Commercial Departments in property related matters.
Securities, Futures & Funds
Securities and Futures:
Our practice in securities and futures involves the following services:-
- giving advice on and preparing documents for the establishment of securities and futures company/business
- giving advice on and preparing documents for application for licence or registration for securities and futures trading, brokerage and dealing
- preparing agreements and documents relating to securities and futures trading, brokerage and dealing
- preparing dealing service agreements for provision of securities dealing and settlement arrangements
- preparing securities lending agreements
- preparing documents for investment products, including convertible note, warrant, equity linked note and equity linked securities
- giving advice on legal and preparing documents relating to acquisition of securities & futures brokerage business, performing due diligence and liaising with relevant regulatory bodies
- giving advice and preparing documents relating to the restructuring of financial groups involving securities and futures brokerage business
- giving advice on investigations conducted by regulatory bodies such as SFC
- general retainer services relating to securities and futures brokerage and investment advisory business
Investment Fund and Asset Management
Our practice in investment fund and asset management involves the following services:
- giving advice and preparing documents relating to the establishment of asset management company
- giving advice on and preparing documents for establishment of various types of private investment funds
- giving adivce on and preparing documents for establishment of various types of public and authorized investment funds
- preparing agreements and documents relating to asset management business
- general retainer services relating to asset management business
Shipping & Logistics
We provide comprehensive service in both the contentious and non-contentious aspects of shipping and transport law.
We are particularly experienced in 'dry' shipping work, including such matters as bills of lading (including electronic bills of lading), charterparties and international sale of goods. Examples of the matters with which we regularly deal are: cargo claims, bunker disputes, laytime and demurrage disputes, hire and off-hire claims, ship repair claims, performance warranties, commodity disputes, CIF and FOB contracts, trade finance and documentary credits, cargo policies, haulage and freight forwarding contracts; cross-border courier business as well as claims for loss of life/personal injury sustained on board vessels.
We work closely with the leading experts, surveyors and adjusters dealing with the loss of or damage to cargo and related insurance problems.
Our clients include shipowners and charterers, cargo insurers, tug companies, ship-repairers, banks, marine engineering companies, ship and chartering brokers, oil companies, and government agencies.
Members of the team are frequently called upon to deal with matters requiring an urgent response, such as the application for or dismissal of an injunction, the exercise of a lien or the arrest of a ship.
Wills, Probate & Trust
The work of this department is divided into two parts: non-contentious and contentious.
The non-contentious part involves advice and assistance to clients in planning the disposal of their personal assets. The services we provide will ensure that the assets of clients could be used in a way that best accords with their intention and properly provide for the welfare of those entitled to the assets. Services provided include:
- advice on inheritance law and procedures;
- drafting wills;
- setting up family and charitable trusts;
- application for grant of probate and distribution of assets thereafter.
We also handle contentious probate matters including:
- making/defending application for dependant persons, children or widows under the Inheritance (Provisions for Family and Dependants) Ordinance;
- challenging/defending validity of wills;
- claiming/defending entitlements of illegitimate children and concubines;
- taking/defending actions for improper administration of estate and breach of trusts.
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