Profile

Stephen has been the Partner heading up the Family Law Department at OLN since 2000, and is a Fellow of the International Academy of Family Lawyers (“IAFL”) and the former Vice Chairman of the Hong Kong Family Law Association (“FLA”). Stephen is an associate member of Resolution (the Solicitors Family Law Association, UK) and member of the Family Law Section of the Law Council of Australia. Stephen has been instructed on many leading cases in the areas of family law and trusts law. He also advises extensively in respect of trusts and wills, wealth protection and tax planning. Stephen is highly recommended by Chambers and Partners as leading lawyer in Family / Matrimonial (International firms) in Chambers Greater China Region Guide 2023, details of which are set out below at “What Others Say”.

Stephen has contributed to a number of articles on Family Law for legal publications, is one of the authors of the FLA Code of Conduct and has lectured on family law. Stephen appeared in RTHK Radio 3 Programme about the previous government consultation on law reform on child custody and access. Stephen has been an Advisory Board Member to Butterworths on continuing education courses and a Distinguished Professional Mentor at The Chinese University of Hong Kong School of Law.

Stephen is the exclusive IR Global advisor for Family Law in Hong Kong.

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Admissions and Memberships

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External Publications

Child Relocation 2024 (Hong Kong SAR, China) – Trends and Developments, by Stephen Peaker (Partner), Yvonne Kong (Partner), Lauren Ng (Associate) & Gabriel Yuen (Paralegal), Chambers & Partners, September 2024

Family Law 2024 (Hong Kong SAR, China) – Trends and Developments, by Stephen Peaker (Partner), Yvonne Kong (Partner), Lauren Ng (Associate) & Phoenix Chan (Associate), Chambers & Partners, February 2024

Child Relocation 2023 (China) – Trends and Developments, by Stephen Peaker (Partner), Yvonne Kong (Partner), Lauren Ng (Associate) & Phoenix Chan (Associate), Chambers & Partners, September 2023

The Future Of Travel From A Family Law Perspective

An update on the status and enforceability of prenuptial agreements in Hong Kong

As the UK moves closer to allowing no fault divorce where does Hong Kong stand?

Litigation funding and financial provision payments for children of unmarried parents

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What Others Say

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Notable Cases

JURISDICTION

S v S [2005] HKCFI 1304

Represented husband on leading authority in respect of substantial connection before Hartmann J.

B v A [2007] HKFLR 138

Successfully obtained order for substantial connection for wife against husband after 6-8 months in Hong Kong before Hartmann J.

HHML v RYD [2010] (unreported)

Successfully represented wife before Poon J. to discuss husband’s challenge to Hong Kong jurisdiction on forum non-conveniens.

Z v Z [2012] HKCFI 2117

Successfully challenged Hong Kong jurisdiction both as to substantial connection and forum non-conveniens before Deputy Judge Chu.

S v S [2005] HKCFI 1304

Represented husband on leading authority in respect of substantial connection before Hartmann J.

B v A [2007] HKFLR 138

Successfully obtained order for substantial connection for wife against husband after 6-8 months in Hong Kong before Hartmann J.

HHML v RYD [2010] (unreported)

Successfully represented wife before Poon J. to discuss husband’s challenge to Hong Kong jurisdiction on forum non-conveniens.

Z v Z [2012] HKCFI 2117

Successfully challenged Hong Kong jurisdiction both as to substantial connection and forum non-conveniens before Deputy Judge Chu.

CHILDREN

P v P [1997] HKCA 705

Successfully represented wife on appeal to obtain care and control of two children for wife.

CYP v LC [2014] (unreported)

Successfully represented mother to obtain order for care and control and permanent removal of children to Singapore.

V v V [FCMC 7676 of 2011]

Successfully represented father to obtain order for permanent removal of children to Colorado, USA.

C v A [HCMP 158 of 2011]

Successfully represented mother to obtain permanent removal to London.

WARDSHIP AND HAGUE CONVENTION

D v G [2001] HKCA 348

First successful appeal reported in Hong Kong against removal order pursuant to Hague Convention of Hartmann J.

FINANCE

B v B [2000] HKFAMC 5

Successfully represented wife against husband in respect of ancillary relief in which there were 8 family trusts.

Walton Wai Tat Li v Evelyn Man York Li [1997] No. 192

Represented wife in respect of ancillary relief on successful appeal against husband to obtain subpoena against trust companies.

B v A [1999] High Court of Hong Kong

Successfully represented husband before Deputy Judge Gill in respect of ancillary relief trial of over 40 days including finding of gross and obvious conduct against wife who was a medical doctor who was found to have mistreated the husband during the marriage.

B v A [2000]High Court of Hong Kong

Successfully represented husband against wife in obtaining order for substantial costs arising from a trial 40 days before Deputy Judge Gill.

IDC v SSA [2011] (unreported)

Successfully represented mother against father on Guardianship of Minors appeal against an order that Court had no jurisdiction to make financial order for a lump sum to purchase a property for the Minor.

TRUSTS AND TAX

Ho Yuen Ki and others v Hotung [2005] HKCFI 126

Successfully represented 3 beneficiaries in claim against their father Edward Hotung to preserve their rights in relation to trusts before Tang J.

Hotung v Ho Yuen Ki and others [2006] HKCFI 1306

Successfully represented beneficiaries on appeal to Hong Kong Court of Appeal for discovery of accounts of the trusts against their trustee Madam Winnie Ho, the sister of Stanley Ho.

Steicke v Gatt AND others [2015] HKCFI 1233

Successfully represented Plaintiff in obtaining interim preservation orders on action for breach of trust and breach of partnership against Defendants.

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Awards

Profile

Richard is head of the Dispute Resolution Group and is responsible for matters involving civil and commercial litigation, dispute resolution, and corporate and commercial matters generally. Richard has acted in connection with shareholders/directors disputes, intellectual property infringement and general commercial litigation. In recent years such matters have included a number of insolvency and regulatory matters, matters involving the mis-selling of financial products and other professional negligence claims, contested probate matters, arbitration and expert determination relating to rent reviews.

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Admissions and Memberships

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What Others Say

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Notable Cases

Morgan Stanley Emerging Markets Inc. v. Legend International Resort Ltd. (FAMV 11/2007)

Court of Final Appeal, decision on leave application to appeal to the Court of Appeal in relation to winding-up proceedings.

Hotung v. Ho Yuen Ki (CACV 178 of 2006 on appeal from HCMP 2701 of 2005)

Trustees’ obligations to furnish accounts and information; members’ rights to information under s. 152 FA of the Companies Ordinance.

RACP Pharmaceutical Holdings v. Li Xiaobo (HCA 490 of 2007)

Grant of Mareva Injunction against vendor of a pharmaceutical business in People’s Republic of China.

Re Diyon Development Ltd. (HCCW 178 of 2006)

Supporting Creditors claim under Wining-up Petition and application for provisional liquidator.

Lim Por Yen v. Highfit Development Co. Ltd. (HCA 1942 of 2002 and CACV 19 of 2004, HCA 1700 of 2002)

Adrienne Lefkowitz v. Bank of New York and others (HCA 4573 of 2003)

Acting on behalf of administrators of an estate, defending claim made by Deceased’s daughter that monies held by Mr. Li Ka Shing on behalf of the Estate were in fact held for the daughter.

Re: Sky Finder Ltd. (CWU402 of 1991)

Grant of compulsory Winding-up Order.

Harbour City Management Ltd. v. Finstar Ltd. (LDBM 249 of 1998)

Defending claim made by management company with respect to alleged encroachment by an owner of common areas, alleged breach of Deed of Mutual Covenant and encroachment by an owner of common areas.

Longquan Ltd. and other v. Morgan Guarantee Trust Co. of New York (HCA 862 of 1995)

Adrienne Lefkowitz v. Bank of New York and others (CACV 13 of 1996 on appeal from HCMP 1638 of 1993)

Defending application made by a beneficiary for a removal of administrators of a Deceased’s Estate.

Re: RSH (HCMP 592 of 2006)

Application made under the provisions of the Mental Health Ordinance for the appointment of a committee to manage an alleged mentally incapacitated person’s assets.

Re: Court of Special Judge Delhi India (HCMP 390 of 1994)

Setting aside a Hong Kong order made pursuant to a request for judicial assistance from a foreign court.

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Awards

Profile

Pamy qualified as a solicitor in Hong Kong in 2003 and have always been passionate about Family and Matrimonial Law.

Pamy joined one of the most well-established family and matrimonial law firms in Hong Kong as a Trainee Solicitor and was then retained as an Associate Solicitor after her traineeship, where she began her specialisation in Family and Matrimonial Law. In 2006, Pamy joined the Family Law Department at OLN as an Associate Solicitor and was made a Partner in 2015. Pamy is a Fellow of the International Academy of Family Lawyers (“IAFL”). IAFL is a worldwide association of practising lawyers who are recognised by their peers as the most experienced and skilled family law specialists in their respective countries.

Pamy was educated in Hong Kong and the UK. With her trilingual language abilities, dedication in Family and Matrimonial Law and vast experience and knowledge in dealing with wide range of family disputes involving multiple jurisdictions, divorce, children, finances and trusts, Pamy has attracted clients from local, mainland China and overseas.

Pamy has particular expertise in handling jurisdictional cases which involve complex corporate and financial structures and trusts. Pamy was the handling solicitor for the leading reported jurisdictional cases as set out below in her notable cases.

Pamy also focuses on matters involving children, not only on custody, care and control issues but also on relocation of them. Pamy has a real passion in cases concerning children for both married family as well as for children born out of wedlock such as one of her notable cases set out below.

Pamy also has particular expertise in cases involving pre- and post-nuptial agreements as well as separation agreements which often involve high net worth individuals with their trust arrangements and assets located in multiple jurisdictions.

Primary Practice Areas:

• Children disputes
• Divorce and separation
• Financial applications and settlements
• Guardianship and Wardship proceedings
• Hague Convention proceedings
• Jurisdiction and forum disputes
• Pre-nuptial agreements
• Post-nuptial agreements
• Separation agreements

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Admissions and Memberships

Education

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Notable Cases

TO also known as TT v KO (Jurisdiction; Habitual Residence) [2021] HKFLR 554

Pamy, as the handling Partner, successfully represented the Respondent Husband in the first instance and on appeal, in a big-money divorce to dismiss the Hong Kong divorce proceedings for lack of jurisdiction as Hong Kong was not either party’s habitual residence.  Both parties are Japanese.  The Respondent Husband has a very successful casino business in the Philippines.  He set up a corporate structure in Hong Kong to manage the business and his art collections.  The family moved to and lived in Hong Kong for 8 years.  The Court of Appeal dismissed the Petitioner Wife’s appeal given at the time of the Petition for Divorce, the Respondent Husband was spending 2/3 of his time in the Philippines and the remaining 1/3 time equally between Hong Kong and Japan, whilst the Petitioner Wife had spent increasingly more time in Japan than Hong Kong during the three years prior to the Petition despite obtaining HKPR.  There was therefore insufficient degree of continuity in the purpose of living in Hong Kong for it to be described as settled.

Z v Z (Substantial Connection and Forum [2012] HKFLR 346

Pamy successfully represented the Respondent Husband in this big-money divorce to dismiss the Hong Kong divorce proceedings for lack of jurisdiction or forum non conveniens.  The Petitioner Wife is Japanese and the Respondent Husband is American.  The parties were married in Japan but 7 years into the marriage, the Respondent Husband moved his base to New York due to work and would return to Japan to visit the Petitioner Wife and children on weekends.  At the time of the Petition, the Husband had already moved out from the family home in Japan and relocated to Shanghai.  The Hong Kong Court held that the Petitioner Wife did not establish that either party had a substantial connection to Hong Kong because notwithstanding the Respondent Husband’s substantial business interests in Hong Kong, he had led a nomadic lifestyle and his presence in Hong Kong was only transient, and the issues of children were best dealt with in Japan where the matrimonial life was conducted. 

RI v SSH (Forum and Costs) [2011] HKFLR 318

Pamy successfully represented the Petitioner Wife in a divorce and a GMO proceedings in the Hong Kong Court where the Respondent Husband filed parallel divorce in France and sought to stay the Hong Kong proceedings on the basis of forum non conveniens.  It was a typical expatriate family case where the Respondent Husband and the children were French and the Petitioner Wife was Indonesian.  The family had lived in many different countries due to work arrangements and at the time of Petition, they had only lived in Hong Kong for a few months.  The family sold their last matrimonial home in Belgium when they moved to Hong Kong and the children were then enrolled in schools here.  It was also the Respondent Husband’s intention to set up business in Hong Kong. At first instance, the Court found that France was not the more appropriate forum than Hong Kong as the parties had not lived their matrimonial life there notwithstanding there was a connection to France. The Court of Appeal dismissed the Respondent Husband’s appeal and upheld the lower Court decision that the parties had established a real and substantial connection to Hong Kong as it was the place where they were living their matrimonial life at the time of the Petition.

B v A (Substantial Connection) [2007] HKFLR 138

Pamy successfully represented the Petitioner Wife in a contested divorce where the Respondent Husband disputed the Hong Kong Court’s jurisdiction on the basis of the Petitioner Wife’s lack of substantial connection.  Both the Petitioner Wife and the Respondent Husband were expatriates from Argentina travelling extensively around the globe due to work arrangements. At the time of the Petition, the Petitioner Wife had been living in Hong Kong for 5 to 6 months with the children of the family who were enrolled in the international schools here, and had taken a 2-year lease on an apartment. Based on these facts, the Petitioner Wife was held to have established substantial connection to Hong Kong as the family had centred their lives in Hong Kong with the children being educated and the Respondent Husband running an office here, and there was therefore an intention to remain in Hong Kong for a fairly extended period of time.

Y, M v S, J [2022] HKFC 250

Pamy represents the Mother in a set of GMO proceedings to seek financial provisions from the Father for the benefits of a minor born out of wedlock.  The Father and Mother are both expats living and working in Hong Kong.  The Father comes from a well-off family which operates, through a Hong Kong listed company, a large business in Japan as well as a subsidiary aircraft leasing business with companies in Hong Kong and overseas in which the Father is a director. 

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External Publications

Wondering about the benefits of a prenuptial agreement and why it might be right for you? with Little Steps – https://www.littlestepsasia.com/hong-kong/family-life/relationships/prenup-oldham-li-nie/ (March 2024)

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What Others Say

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Languages

English, Cantonese and Mandarin

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Awards

Profile

Simon joined OLN as a Partner in our Corporate Commercial Department in 2020.

Simon specialises in corporate finance, securities, M&A, joint ventures, compliance, corporate restructurings, and PRC-related transactions. He has handled IPOs of PRC and non-PRC companies on the Main Board of The Stock Exchange of Hong Kong.

Simon has been involved in advising on pre-IPO private equity investments, post-IPO notifiable transactions, corporate reorganisations, compliance, and related transactions. Simon has also been involved in advising overseas investors in setting up PRC joint ventures.
Prior to joining OLN, Simon has previously worked in the Hong Kong office of two international law firms.

Simon was recognised as the “Next Generation Lawyer” in Corporate (including M&A), Hong Kong by The Legal 500 Asia Pacific in 2017 & 2018.

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Admissions and Memberships

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Education

University of Hong Kong

Master of Laws

University of Toronto

Bachelor of Arts (Hons)

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External Publications

Lexology GTDT – Public M&A Hong Kong 2023 – https://oln-law.com/wp-content/uploads/sites/2/2023/08/2023-Public-MA-Hong-Kong.pdf

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What Others Say

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Languages

English, Cantonese and Mandarin

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Awards