Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 23 Nov 2020

    EBS v. NTC, D

    Citation
    [2020] HKFC 242
    Court
    Family Court
    Case number
    FCMC2128/2013

    The court applied the sharing principle after assessing needs under s.7 Cap 192, found no hidden assets or convincing claim for add-backs, accepted the parties’ agreed asset schedule (~HK$192.7m), and made a near-equal division with a modest departure in favour of the wife to ensure she retains sufficient income-producing capital; the court also ring-fenced ~HK$8.002m for the child’s education, required the wife to pay the husband HK$7.5m and deposit HK$6m as a contingency for potential increased US CGT on the Bel Air property, and ordered specified periodical child maintenance (interim and o…

  • 6 Nov 2014

    JHCI v. MSYI (formerly known as MSY)

    Citation
    JHCI v. MSYI (formerly known as MSY)
    Court
    Family Court
    Case number
    FCMC12528/2011

    Court applied the sharing principle but departed from exact equality because of the wife's accumulated debts and needs and the husband’s greater earning capacity and post‑separation accruals. Unvested shares were recognised as foreseeable financial resources but not included in the immediate divisible asset pool. The court awarded the wife an enhanced share to meet part of her debts/needs, structured capital payments in tranches from the husband’s liquid fund, ordered periodical maintenance for wife and children, and transferred Phuket property to husband. The adjustments (including refusal t…