Defaulting Maintenance Payers in Hong Kong

Legal practitioners can now act for clients who are maintenance payee to apply for details of the current address of a defaulting maintenance payer from the Immigration Department, Housing Department and the Transport Department ("the Departments") by sending an approved pro forma letter to trace the whereabouts of the defaulting maintenance payers.

Further, maintenance payees could report the matter to the police which will start an investigation.

The former could assist legal practitioners to trace the whereabouts of the defaulting maintenance payers so that judgment summons can be issued against defaulting maintenance payers. However, it is not yet so certain whether it is so efficient to report the matter to the police.

New Section 13A of the Conveyancing and Property Ordinance, Cap.219

In the past, there were tons of arguments by legal practitioners in relation to the whereabouts of the originals of some old title deeds and documents. In particular, the judgments of Yiu Ping Fong & Anor v. Lam Lai Hing Lana HCMP No.3616 of 1998, Guang Zhou Real Estate Development (Hong Kong) Co. Ltd & Anor v. Summit Elegance Limited HCA 1531 of 1998 and Loyal Hope Limited v. Leung Pui Ming and others HCA 136 of 2007 could not assist the endless arguments but purely put more transactions into difficulties.

Effective from 11th July 2008, the new Section 13A comes into operation and relying on the said section, “unless the contrary intention is expressed, a purchaser of land shall be entitled to require the vendor to deliver to him, for the purpose of giving title to that land, the original of only (i) the Government lease that relates exclusively to the land; and (ii) any document that relates exclusively to the land and is required to be produced by the vendor as proof of title to that land under Section 13(1)(a) and (c)”

However, legal practitioners should amend their standard formats of formal agreement for sale and purchase at the same time.

New Amendments to Employees' Compensation Ordinance (2)

The Employees’ Compensation Ordinance stipulates that an employer may require an employee to undergo medical examinations. In the past, it is too difficult for an employee to obtain a copy of the report. However, the new amendments now assist an employee to request the employer to send the employee free of charge a copy of the report and the employer is required to comply with such request before the later of the following:-
(a) the expiry of 21 days after the employer receives the request; or
(b) the expiry of 14 days after the report is received by the employer.

Unfortunately, the abovementioned only applies an employee's injuries caused by accidents arising out of and in the course of employment on or after 1 September 2008.

Again, the booklet in http://www.labour.gov.hk/eng/public/ecd/SummaryNewAmendmentsECO.pdf may assist our understanding to the same.

New Amendments to Employees' Compensation Ordinance

The amendments to the Employees' Compensation Ordinance ("ECO") (Cap.282) made under the Certification for Employee Benefits (Chinese Medicine) (Miscellaneous Amendments) Ordinance 2006 will come into effect on 1 September 2008. These amendments recognize the medical treatment, examination and certification given by registered Chinese medicine practitioners for the purpose of employees' entitlement to benefits under the ECO.

These amendments apply to claims for compensation or other rights, obligations or liabilities in respect of an employee's injuries (including occupational diseases as prescribed by the ECO) caused by accidents arising out of and in the course of employment on or after 1 September 2008.

The booklet in http://www.labour.gov.hk/eng/public/ecd/SummaryNewAmendmentsECO.pdf may assist our understanding to the same.