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.
Overview
Our Firm
ONC Lawyers is a professional and dynamic legal practice based in Hong Kong. We have been growing continuously since our establishment in 1992, and have now become one of the largest local law firms with more than 100 members of legally-qualified and supporting staff. The major areas of practice of our lawyers include banking & finance, capital market, China attesting services, China practice, construction & arbitration, corporate & commercial, criminal litigation, employment, privacy and discrimination family & matrimonial, immigration, insolvency & restructuring, insurance & personal injury, intellectual property & technology, litigation & dispute resolution, property, securities, futures & funds, shipping & logistics, trust, and wills & probate.
Our Lawyers
Brought together by our common pursuit for professional excellence, we are one team of collaborative lawyers of integrity, sworn to give the best solution to our clients.
Our Values
Integrity is our cornerstone. We believe in honesty and universal moral principles. We believe in keeping our promises and living our lives consistently inside out. We believe that only upon integrity can we further build and develop ONC.
Collaboration is our heart. We believe in mutual respect and appreciation, irrespective of position and credentials. We believe that people with different talents working together can bring forth amazingly good results. We believe in teamwork and empowerment. We believe in effective communication. At ONC, we work and serve together as one.
Pursuing professional excellence is our passion. We believe every colleague is a professional in her own vocation. We believe there is no end to learning new things. We believe practice makes perfect. We believe in self-discipline and hard work. We always keep our promises, even if it requires personal sacrifices. At ONC, we walk the extra mile to deliver extremely good quality work and service.
We believe there is a purpose for every organization to exist. Giving the best solution to clients is our purpose. We take pain to understand our client’s situation and needs. To us, the best solution means the most cost-effective and workable solution in its simplest form. At ONC, we give the best solution to our clients in a professional and client-friendly manner.
Our Clients
ONC Lawyers enjoy the patronage of a diverse host of clients. Our clientele encompasses banks and financial institutions, listed corporations, airlines, as well as industrial accident victims and other legally aided persons, all of whom we serve with the same dedication and professionalism.
Back to Top
Practice Overview
Banking & Financing
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 tailor-made for 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.
Capital Market
We provide professional advice to clients on important financing decisions, helping clients to achieve both their short-term and medium- to long-term financing targets. Our lawyers are often engaged by issuers, intermediaries, underwriters, banks and other financial institutions as their Hong Kong-based legal professionals for advice on local or international capital markets. Having advised many companies with PRC background on matters concerning foreign capital market financing, we have a thorough understanding of the effect of Chinese laws and practice on foreign financing. We provide the following legal services in relation to capital markets:-
?
- acting for issuers or intermediaries in global initial public offerings
- ? providing Hong Kong legal services for Hong Kong-based companies in their public offerings in other jurisdictions
- ? assisting companies in pre-listing or post-listing financing, including issuing convertible bonds
- ? assisting listed companies in compliance matters
- ? preparing loan agreements and various security documents for banks or borrowers
- ? preparing and reviewing agreements for various financial products for clients.
Our capital market practice is headed by one of our partners who has over 16 years of experience in handling some of the most complicated and high profile transactions in the market, who also has substantial experience in dealing with most major players in the market.
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 officers plays a key role in facilitating commercial exchanges and civil-legal matters between the two places.
Our senior 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 an intended marriage in the Mainland (bachelor certificate);
- ? declaration in support of an application to relocate relatives from the Mainland to Hong Kong;
- ? declaration for inheritance or giving up of the inheritance of an estate;
- ? declaration for the adoption of children from the Mainland;
- ? power of attorney for various purposes, including:
- ? appointing solicitors to conduct legal proceedings in the Mainland; and
- ? appointing an 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
- ? venture capital and private equity
- ? 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 have 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, as well as 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.
Construction & Arbitration
We advise on all aspects of building, construction and civil engineering law. Our professional services in this area include:-
?
- Acting for developers, main contractors and subcontractors in construction projects for litigation, arbitration and mediation on construction contracts in Hong Kong, Mainland China and other areas within the region.
- ? Dealing with claims in relation to outstanding contractual sums, liquidated damages, defects, extensions of time, late provision of drawings and specifications, change of project conditions and delay etc.
- ? Advising main contractors and subcontractors on general conditions of contract, special conditions of contract, general specifications and particular specifications.
- ? •Drafting and advising on construction agreements, design and build contracts, consultancy agreements, joint venture agreements, sales and purchase agreements, performance bond and insurance bond etc. for architects, developers, main contractors and subcontractors.
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
? venture capital and private equity
? 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 as well as PRC companies.
Criminal Litigation
Our Criminal Litigation Team has in the past assisted numerous clients who were 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 a 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
Employment, Privacy and Discrimination
The services of our employment practice include:-
? advising on the legal obligations and entitlements of employers and employees as well as related issues arising from termination of employment contracts
? drafting and reviewing staff handbook and HR policies
? drafting and reviewing specially designed contracts for senior employees
? dealing with contentious issues such as disputes arising from restrictive covenants, non-competition undertaking, confidentiality, fiduciary duties
We also have solid experience in applying for and opposing employment related injunction applications.
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 keeps stress to a minimum. 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
? application for ancillary relief
? 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
? other proceeding
Immigration
This is a division of our Private Clients Department. One major part of our immigration services is advising and assisting clients in their application under the Capital Investment Entrant Scheme (“CIES”), a scheme introduced by the Hong Kong SAR Government to provide individuals and their family members the opportunity to acquire the right of residency in Hong Kong through permissible investments in Hong Kong.
This scheme is gaining increasing popularity among wealthy individuals from Mainland China who wish to obtain the status of a Hong Kong resident give them more flexibility for staying in Hong Kong and managing their funds in global investments.
This scheme applies to foreign nationals (except nationals of Afghanistan, Albania, Cuba, and the Democratic People’s Republic of Korea), Macau SAR residents, Taiwan residents and Chinese nationals. In the case of Chinese applicants however, they are required to first obtain permanent resident status in a foreign country. For those applicants without a foreign permanent residency, we can assist them in obtaining such status, for example, permanent resident status of Gambia (a small nation on the west coast of Africa).
Besides immigration into Hong Kong under the CIES, we also provide services for other inbound immigration matters including:
? employment visa
? visa to enter Hong Kong for investment (to establish/join in business) under the General Employment Policy
? Admission Scheme for Mainland Talents and Professional
Our professional services include:
? reviewing the application circumstances, including the relevant information of the applicant, his family and/or the sponsor;
? choosing the most appropriate visa type for the applicant;
? advising on the justification for the application;
? submission of application to the Hong Kong Immigration Department;
? responding to enquiries from the Hong Kong Immigration Department; and
? other follow-up matters.
Insurance & Personal Injury
Our practice can be conveniently sub-divided into the following areas:-
Acting for Victims in Personal Injury and Employees’ Compensation Cases
This has always been the centre-fold of our practice. Our clients come from all walks of life. To date, we have successfully recovered damages in tens of millions for hundreds of clients.
In these cases, a victim needs not be financially well off in order to pursue his claim against the wrongdoer. The less privileged he is, financially speaking, the more likely he will be eligible for legal aid. At ONC, all our personal injury lawyers welcome legal aid assignments. We are always willing and ready to assist our clients in their application for legal aid. For those who have a good chance of success in their claims but are not eligible for legal aid, flexible legal fees payment arrangements could be tailor-made to minimize their financial burden at the early stage of litigation.
Acting for Insurers
We advise life and general insurers on insurance laws in general. We also advise them on merits of claims and defend them in unwarranted claims.
Acting for Insurance Intermediaries
We advise and act for insurance agents and insurance brokers in professional investigations, disciplinary actions and court prosecutions.
Acting for Insurance Clients
We advise and act for insurance clients on claim disputes with insurers and insurance intermediaries. We also advise them on single premium financing arrangements; business insurance schemes; and life insurance policy trust arrangements.
Insolvency & Restructuring
We have extensive experience in acting for creditors as well as liquidators and receivers. Our work in this area include:-
? advising creditors on their rights in their debtors’ insolvency;
? applying for the winding up of companies or receivership over the assets of companies;
? advising liquidators on execution of their duties;
? advising and acting for companies or creditors in restructuring of insolvent companies including implementation of scheme of arrangement and other corporate rescue plans;
? acting for liquidators and/or creditors in misfeasance proceedings for the recovery of assets for insolvency companies.
Intellectual Property & Technology
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 injunctions 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.
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 the protection of our client’s interests calls for such urgent measures, we will employ procedural weapons such as asset-freezing orders and civil search orders as may be necessary to prevent a defendant from dissipating his assets or destroying the evidence, as the case may be. We have been successful in such applications on many previous occasions and we take pride in our track record.
.
Disciplinary Proceedings and Regulatory Offences
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 alleged 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 of Hong Kong
? 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 we keep this in mind when supplying clients with our advice and assistance so as to minimise any adverse impact.
Alternative Dispute Resolution
Litigation is not the only way to resolve disputes nowadays. From our experience, in appropriate circumstances even the most contentious disputes can be resolved by way of other less litigious modes such as arbitration, mediation, expert determination or valuation. These other options, collectively known as Alternative Dispute Resolution (“ADR”), are widely recognised 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.
We have both arbitrators and accredited mediators within our team of experienced lawyers. Wherever necessary and desirable, we will advise our clients to make use of ADR to their best advantage and to save costs and time.
Notary Public Services
The office of notary public is well trusted and respected by governments, organizations and individuals involved in international transactions all over the globe. Two partners in our office, namely Francis Chan and Sherman Yan, hold the office of notary public. They would be glad to render the following notarial services:-
? the preparation of formal notarial certificates
? the attesting of signatures to various documents
? the attesting of signatures to powers of attorney
? the certification of true copy of various documents
? the certification of information in various public registries
? the arrangement of documents for apostille by the High Court
? the arrangement of documents for legalization by consulates
? the taking of affidavits, affirmations and statutory declarations
? any other notarial acts
Property
Our Property Department handles: -
? property development
? sale and purchase of real property
? mortgage
? tenancy
? building management
The department is well established and is headed by our senior 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. This 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 a licence or the 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 the 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 regulatory compliance
? giving advice and preparing documents relating to the 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 application for a licence or the registration for asset management business
? giving advice on and preparing documents for establishment of various types of private investment funds
? giving advice 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), charter parties 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.
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. 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 ship owners and charterers, cargo insurers, tug companies, ship-repairers, banks, marine engineering companies and ship and chartering brokers, oil companies, and government agencies.
Trust
This is a division of our Private Clients Department. We help clients with different and specific wealth management goals. Through trust arrangements, we help them take care of themselves and their loved ones; protect their assets; extend their deeds of love towards charities and religious groups. Our clients include high net-worth individuals and families; parents with mentally or physically handicapped children; and people with life insurance policies taken out for specific purposes. We work closely with reputable professional trustees and foreign tax advisers.
We advise and help set up:
? assets protection trusts
? charitable trusts (i.e. relieving poverty; advancing education or religion)
? disabilities protection trusts
? estate protection trusts
? family assets preservation trusts
? family trusts
? immigration trusts
? life insurance policy trusts
? offshore trusts
? old age protection trusts
? special purpose trusts
? standby trusts
? will trusts
Venture Capital & Private Equity
With many years of experience in advising on venture capital markets, our lawyers facilitate financing for venture capital companies and growth enterprises, address legal issues and obstacles and assess the legal risks involved. Our legal services in this area include:
? devising and preparing for the venture capital structure and model
? devising the profit distribution and the exit mechanism among investors
? participating in the negotiation between the investors and investees
? preparing and reviewing cooperation agreements and shareholders’ agreements
? participating in the restructuring of the investees
Bearing in mind the different concerns of venture capital companies and growth enterprises and the legal risks involved in the venture capital market, we provide the best legal solution which is both practical and commercially sound for our clients.
Wills & Probate
The work of this department is divided into 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
? 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
Back to Top