Show cover of the HIP talks

the HIP talks

Welcome to The HIP Talks podcasts, a series of discussions about current legal issues hosted by Hugill & Ip Solicitors. We are a young independent law firm but with decades of experience providing bespoke legal advice and exceptional client service to individuals, families, entrepreneurs and businesses, both in Hong Kong and internationally. www.hugillandip.com

Tracks

Employment: Labour Tribunal Proceedings
Adam Hugill walks through the Labour Tribunal rules, procedures and what to expect in employment disputes. He references his experience giving practical advice and using real-life examples. Show Notes 01:27 The purpose of the Labour Tribunal 02:52 Type of claims and limitation period 05:08 Transferring claims to other courts 05:54 How does the process work? 08:12 Settlements 09:18 Duration and managing stress  12:00 Some examples of Labour Tribunal trials 14:34 Witness evidence and VCF 18:35 Appeals 21:04 Legal costs and recoverable expenses Learn more & Subscribe: https://www.hugillandip.com/2022/07/podcast-s4e2-employment-labour-tribunal-proceedings/
23:50 07/06/2022
Labour Day | Making it work: family-friendly policies in the workplace
We celebrate Labour Day with a discussion on parental leave policies and challenges that Migrant Domestic Workers (MDWs) face with employers during pregnancy. Alyson Hau (Presenter & Producer, RTHK) asks our Adam Hugill about legal protections afforded to individuals in case of discrimination in the workplace as well as the relatively recent legal changes to parental leave, while Alisha Fernando (Head of Diversity & Inclusion – APAC at Bloomberg LP) highlights the family-friendly policies that the company grants to its staff and the upsides of talent attraction and retention that should be at the core of every business. Catherine Gurtin (CEO of PathFinders) talks about issues related to (mostly unplanned) pregnancy of MDWs and gives advice to employers.
30:45 05/03/2022
Data Privacy
Businesses are advised by our data privacy experts for help in adopting sound privacy and security practices, ensuring regulatory and legal compliance, and protecting their competitive advantage. Get more insights about our Data Privacy practice: https://www.hugillandip.com/legal-services/data-privacy/
01:01 04/28/2022
#PathGuardiansHK: Helping Vulnerable Children and Their Mothers
We are pleased to bring you a webinar co-hosted with PathFinders. Catherine Gurtin and Alfred Ip discuss how to put the right mechanisms in place for the safety and security of children. SHOW NOTES 01:03 PathFinders and the protection of Migrant Domestic Workers (MDW)’ children 03:32 Impact of COVID-19 5th wave on MDWs 07:47 Clients’ urgent issues and timing to find solutions 10:20 The importance of Deeds of Guardianship 17:48 Protecting the best interests of the child 28:00 MDWs’ challenges as mothers and their contribution to Hong Kong society 36:02 How much of a difference can a donation make? 39:40 Estate planning of charitable gifts 42:04 The delicate relationship between MDWs and their employers 47:02 Q&A Learn More & Donate: https://www.hugillandip.com/2022/04/webinar-pathguardianshk-helping-vulnerable-children-and-their-mothers/
62:48 04/21/2022
Dispute Resolution: Considerations Before Starting a Commercial Dispute
Jonathan Gray and Geraint Ho discuss essential considerations that parties who wish to start litigation proceedings should bear in mind. While some are technical civil litigation issues, others might also involve commercial and reputation elements. Show Notes02:09 Initial assessment and contract terms 04:20 Variations and breaches of contract 08:36 Limitation or exclusion clauses 10:05 Jurisdiction and dispute resolution clauses 13:09 Limitation periods 15:05 Collecting evidence 17:54 Non-legal considerations Transcripts & More: https://www.hugillandip.com/2022/03/podcast-s4e1-dispute-resolution-considerations-before-starting-a-commercial-dispute/
26:39 03/30/2022
Season 4 Teaser!
We are ready to kick off with a new podcast series of the HIP talks. We will discuss legal issues related to our core practice areas. Available on: Hugill & Ip's website: https://www.hugillandip.com/the-hip-talks/ Apple podcasts: https://podcasts.apple.com/podcast/the-hip-talks/id1493155949 Google Podcasts: https://www.google.com/podcasts?feed=aHR0cHM6Ly90aGVoaXB0YWxrcy5saWJzeW4uY29tL3Jzcw%3D%3D  Spotify: https://open.spotify.com/show/55mdTxGOcYg2rjHXX0WlZw Stitcher: https://www.stitcher.com/podcast/the-hip-talks 
01:17 03/22/2022
Employment Law: Key Considerations When Using Social Media
Angus McLean and Adam Hugill talk about the use of social media and the impact that it can have in the workplace. Adam highlights some examples which ended up creating a substantial amount of trouble for the employee. They also discuss an employer's ability to monitor employees' social media accounts and data privacy regulations in Hong Kong. Adam wraps up pointing out real-life issues that employers and employees should pay attention to avoid potential embarrassment or disputes. Show Notes01:02 Social media as a widespread phenomenon 02:00 Justine Sacco case 03:09 Rachel Burns case 05:03 Dismissal – including for gross misconduct 06:36 Monitoring employees' social media accounts 07:33 The 3 As: Assessment – Alternative – Accountability 08:16 The 3 Cs: Clarity – Communication – Control 09:20 Tips for employees 10:04 Tips for employers
12:01 01/04/2022
Family: Nuptial Agreements
Alfred Ip and Raphael Wong discuss nuptial agreements – prenuptial and postnuptial. They talk about enforceability, legal representation, assets disclosure and renegotiation, as in the high-profile rumored case of Melania Trump and the former US President. They also compare such arrangements for protecting financial assets using Family Trusts and give real-life examples about how individual situations might differ. Show Notes02:59 What is a nuptial agreement? 06:16 Are family trusts an alternative? 07:30 Radmacher v Granatino 09:12 Enforceability of nuptial agreements 12:17 Legal representation of the parties 12:58 Full and frank disclosure 17:17 Reviewing and renegotiating agreements 19:23 Choice of law and choice of court 21:29 To sum up
23:29 11/08/2021
Getting to know Jonathan Gray
Jonathan specialises in dispute resolution, acting for clients in a wide range of general commercial disputes covering both litigation and arbitration. He also advises on both contentious and non-contentious employment law matters. Learn more: https://www.hugillandip.com/solicitors/jonathan-gray/
01:01 09/23/2021
Data Privacy: Personal Data in the Workplace
Carmen Tang and Carly Fan discuss key issues related to personal data in the workplace, including practical advice for employers and employees which span from the recruiting process to monitoring employees’ activities – from collecting, sharing and updating data to complying with data access requests. They also give an overview about data privacy issues affected by the COVID-19 pandemic. Show Notes00:43 Recruitment process and personal data 06:09 Data access requests 09:26 Monitoring of employees’ activities 10:15 The 3 As: Assessment – Alternative – Accountability 12:34 The 3 Cs: Clarity – Communication – Control 13:47 Suspicion of unlawful activities 16:25 Time limits for keeping data 18:25 COVID-19 and employees’ data
22:21 08/30/2021
One Minute with Alfred Ip
Alfred assists high net-worth individuals (HNWIs) in handling their wealth-related issues, such as contentious and non-contentious trust and probate, mental capacity, family office, amongst other wealth management matters. He is also a leading Dispute Resolution lawyer with over 20 years of experience in Hong Kong. Moreover, Alfred helps clients with issues regarding Family Law. Learn more > https://www.hugillandip.com/solicitors/alfred-ip/
01:01 07/16/2021
Contentious Trusts & Estates: Challenging a Will
Alfred Ip and Geraint Ho discuss essential points related to disputes involving Wills and their validity, including provisions which can be afforded to dependants and creditors towards an estate. They also highlight some high-profile estate dispute cases in Hong Kong Courts and how to properly approach your Estate Planning. SHOW NOTES 00:41 Proving a Will 02:45 Entering a caveat 11:09 Real life scenarios 14:58 Carrying out an investigation 16:43 Client-solicitor confidentiality 18:25 Settling inheritance disputes 19:30 Inheritance Provision for Family and Dependants Ordinance, Cap. 481 24:59 Validity of the Will 26:10 Landmark cases in Hong Kong 28:08 Final considerations on Estate Planning
30:31 07/05/2021
Corporate & Commercial: Shareholder Disputes
Christopher Hooley and Jonathan Gray discuss shareholder agreements and eventual disputes. They give a holistic perspective on the topic – which spans from Corporate & Commercial to Dispute Resolution in how to strategize and implement necessary contractual protections in case disputes will arise. They highlight practical ways to settle such disagreements – including mediation and arbitration which might be used as alternative ways to resolve conflicts amongst shareholders. SHOW NOTES 02:49 Breach of contract 03:48 Diverging interests 05:19 Contractual rights 09:09 Early stages of a dispute 13:32 Settling a dispute 16:27 Option deeds 19:05 Arbitration of disputes 23:36 Final considerations Learn more: https://www.hugillandip.com/2021/05/podcast-s3e2-corporate-commercial-shareholder-disputes/
25:45 05/09/2021
Get introduced to Chris Hooley
Chris advises on a wide range of corporate commercial, corporate finance, mergers and acquisition, information technology matters, from strategising on tech driven start ups to drafting documentation required for complex cross border transactions. Learn more: https://www.hugillandip.com/solicitors/christopher-hooley/
00:59 05/05/2021
Meet Carmen Tang
Carmen has worked in both private and public sectors. After working as regulatory counsel, she returned to private practice in Dispute Resolution and Data Privacy. Learn more > https://www.hugillandip.com/solicitors/carmen-tang/
01:01 04/01/2021
Employment: All About Bonuses
Adam Hugill and Jacqueline Cheng discuss the topic of bonuses, including end of year payments, performance and discretionary bonuses. Adam also highlights the impact of case law in Hong Kong and the UK which have a relevant impact on Courts decisions, as well as offering practical tips for employers when dealing with employment contracts and employees' bonus claims. SHOW NOTES 00:54 Different types of bonuses 02:23 The Employment Ordinance 05:53 Performance bonuses 07:15 Discretionary bonuses 08:21 Wong Huey Lam and Colgate Palmolive 10:24 Clark v Nomura 11:40 Post v Nomura 12:44 Sunny Tadjudin v Bank of America 13:53 Advice for employers Learn More > https://www.hugillandip.com/legal-services/employment-and-immigration/
17:51 03/05/2021
60 seconds with Adam Hugill
Adam specialises in employment law in Hong Kong and the Asia-Pacific region. He also advises on a wide range of legal and commercial issues, both contentious and non-contentious, in the region and beyond. Learn More >
01:01 03/03/2021
Private Client: Estate Administration
Jacqueline Cheng and Alfred Ip discuss the main steps in estate administration: collection of assets, payment of debts and liabilities and distribution of the estate assets to the beneficiaries. They also talk about essential considerations and recurrent complications related to different types of assets and the administration process, in Hong Kong as well as touching upon estates which include overseas components.   SHOW NOTES: 01:37 Identifying the assets of an estate 03:18 Bank accounts 05:40 Safe deposit boxes 06:59 Real estate 11:42 Public company shares 15:02 Company ownership 18:12 MPF accounts 20:20 Salaries tax 22:40 Insurance policies 26:31 Foreign estates 28:23 Liabilities of an estate 31:39 Distribution of estate assets 37:12 Foreign estates
42:19 01/20/2021
Employment: Team Moves
Christopher Hooley and Adam Hugill discuss issues related to team moves, from both perspectives: the target and the targeted employer. They dig into fidelity and fiduciary duties, as well as contractual obligations of employees, giving some real-life examples of business growth benefits and pitfalls if anything – or all – goes wrong.  SHOW NOTES 07:27 Identifying if you are the target 10:55 Fiduciary duties of an employee 12:33 Conspiracy 15:44 Post termination restrictions 17:56 Springboard injunctions 19:30 The recruitment process 24:00 What could go wrong? 26:01 Managing resignations 27:16 How to protect a business
34:43 12/04/2020
Family: Children Custody
Alfred Ip and Carly Fan discuss issues concerning children custody and considerations that are taken in order to put the interests and well-being of the children first, including in situations that might require their relocation to another country. They also talk about protecting children from the mental health impacts that divorce proceedings often have on them and the benefits that a co-parenting coordinator might be able to bring to divorcing spouses and, ultimately, to the whole family.     SHOW NOTES00:31 Court considerations related to children custody 04:18 Sole custody and joint custody 06:20 Children removal from Hong Kong 10:45 Relocation to another country 13:49 Death of a custodial parent 15:11 Mental health impacts 17:41 Social Welfare Officer and Co-parenting Coordinators
21:22 10/30/2020
Business Immigration: Employment and Entrepreneur Visas
Adam Hugill talks about different types of visas and immigration schemes. He also discusses with Laura Hunt about her personal experience, the process of application to Immigration Department and successfully obtaining and renewing her visas. SHOW NOTES 00:31 Types of visas and immigration schemes 01:56 A personal story 05:16 Working Holiday Visa Scheme 07:02 Entrepreneur Visa
11:54 10/07/2020
Dispute Resolution: Freezing Orders and Anton Pillers
Jonathan Gray and Matthew Love discuss the topic of freezing orders and Anton Pillers in Hong Kong. They highlight key considerations and pitfalls when applying for such orders. SHOW NOTES00:53 Freezing Orders 03:53 Applying for a freezing order 09:10 Requirements 15:03 Chabra Injunctions 17:04 Anton Piller Orders 19:38 Requirements to obtain an Anton Piller
26:13 09/01/2020
Employment: Sexual Harassment in the Workplace
Margaret Wo and Adam Hugill talk about sexual harassment, what it is considered to be inappropriate behaviour and the protections afforded to individuals by Hong Kong's Sex Discrimination Ordinance. They also highlight the much-needed openness of society in reporting cases of sexual harassment and the role of the Equal Opportunities Commission when investigating such cases. SHOW NOTES00:50 Sex Discrimination Ordinance 04:00 Proving sexual harassment and its definition 10:36 #MeToo movement 12:35 Complaints to the Equal Opportunities Commission https://www.hugillandip.com/
17:22 08/04/2020
Family: Divorce and Division of the Matrimonial Pot
Alfred Ip and Thelma Kwan discuss the crucial steps of Hong Kong divorce proceedings and split of assets, giving some real-life examples and advice on how to try and reach an amicable settlement between spouses. SHOW NOTES 07:04 Starting a divorce 15:41 Financial claims 20:46 Filing for divorce 25:36 Form A 30:01 Full and frank disclosure 34:17 Litigation funding 51:51 Financial Dispute Resolution 59:50 Enforcement of orders Get transcript and more on our website: https://www.hugillandip.com
67:56 07/06/2020
Private Client: Estate Planning & Probate Process
Margaret Wo and Alfred Ip discuss the essentials of proper estate planning and the probate process in Hong Kong while also highlighting some of the most common pitfalls and how to avoid them.   SHOW NOTES00:46 – Estate planning 07:32 – Executor of a Will 14:52 – Setting up a Trust 18:59 – Assets in multiple jurisdictions 24:18 – Enduring power of attorney 28:44 – Advance Health Directives 38:28 – Probate process 43:47 – Estate administration 47:13 – Challenging a Will 54:26 – Estate-related mediation
59:06 06/01/2020
Corporate & Commercial: Essential Considerations
Gary Wong and Christopher Hooley discuss some of the essential considerations related to the setting-up of new companies as well as corporate risk management, employment matters and potential disputes, both in Hong Kong and in Mainland China. SHOW NOTES 01:29 – Setting up a business 04:04 – Directors and shareholders 07:45 – Documents 14:00 – Corporate risk management 20:00 – Limiting company liability and accessing company information 26:27 – Hong Kong as a regional base 31:40 – Disputes with a foreign company Visit our website for transcripts and more >
35:31 05/18/2020
Data Privacy: Legislation in Hong Kong, Data Breaches & Future Developments
Marco Raccuia and Carmen Tang talk about the increasing value of data and the protection afforded by the Personal Data Privacy Ordinance and the Privacy Commission. How is legislation catching up in response to recent data breach incidents? What developments can we expect? SHOW NOTES 00.22 – Growing value of data 03.11 – Personal Data Privacy Ordinance 11.21 – Cathay Pacific data breach incident 15.30 – New technologies Visit our website for transcripts and more >
18:13 04/20/2020
Employment: Practical Guidance to Hong Kong Employment Law Issues
Adam Hugill discusses Hong Kong's employment laws and provides practical guidance for both employers and employees to assist them in navigating the complexities of the Employment Ordinance, key considerations when hiring and managing employees, termination and protection of business assets. SHOW NOTES 00.22 – Employment overview 06.30 – Types of leave 14.11 – Termination 24.56 – Labour Tribunal 31.02 – Employment litigation 33.25 – Notice and garden leave 34.56 – Post-termination restrictions
45:15 03/02/2020
Dispute Resolution: Key Issues About Litigation, Arbitration and Mediation in Hong Kong
Adam Hugill, Jonathan Gray and Matthew Love discuss Hong Kong’s civil litigation structure with Margaret Wo, including the topics of trials, costs, procedures and the crucial step of enforcing judgments. They also highlight the pros and cons of arbitration and mediation as alternative methods of dispute resolution.   01:14 – Commencing legal action 05:18 – The trial process 11:20 – Preparing for trial 14:50 – Enforcement of judgments 23:54 – Arbitration 39:54 – Mediation Get transcript and more on our website >
52:41 12/27/2019