施偉勳

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. Stephen is highly recommended by Chambers and Partners as leading lawyer in Family / Matrimonial (International firms) in Chambers Asia-Pacific in 2019, 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 also advises extensively in respect of trusts and wills, wealth protection and tax planning.

Career History

2000 – Present  Oldham, Li & Nie, Hong Kong – Partner and Head of Family Law Department

1997 – 2000  Fairbairn Catley Low & Kong, Hong Kong – Partner specialising in Family Law

1995 – 1997  Hampton, Winter & Glynn, Hong Kong – Solicitor specialising in Family Law

1991 – 1994  Manches & Co., London – Solicitor specialising in Family Law

1990 – 1991  Sheridans, London – Solicitor specialising in Entertainment Law

1988 – 1990  Eversheds, Birmingham – Trainee Solicitor

What Others Say

Stephen Peaker has vast experience handling various matrimonial matters. He is especially skilled in financial settlement and trust issues. – Chambers Greater China Region 2023

Stephen Peaker has vast experience handling various matrimonial matters, and is especially skilled in financial settlement and trust issues. One source reports: “He is a fearless advocate and an expert in trusts and family law. He is articulate, thoughtful, and cares for his clients.”- Chambers Greater China Region 2022 and Asia-Pacific 2021

Stephen Peaker specialises in matrimonial disputes, regularly instructed on cases involving contentious trusts and financial settlement issues. “He has so many years of experience behind him,” observes a source, going on to describe him as “a great strategist” who is “good at coming up with creative ideas in solving clients’ cases.”- Chambers Asia-Pacific 2020

Stephen Peaker is a specialist in asset redistribution arising out of matrimonial disputes as well as trusts and wills matters. A market source describes him as “technically sound.” – Chambers Asia-Pacific 2019 

Stephen Peaker stands out for his in-depth experience in cross-border matrimonial issues. Commentators note his “large client base” and increasing visibility in the market. His broad practice also covers trust and wealth protection matters. – Chambers Asia-Pacific 2018

Founder of the practice Stephen Peaker has long-standing experience advising on matrimonial issues, as well as trusts and wealth protection. A peer praises him as “an easy-going opponent in terms of co-operation – but he certainly fights fiercely for his clients!” He also won recognition for his ability to “think outside the box.”  – Chambers Asia-Pacific 2016

Stephen Peaker is commended by peers because “he takes a creative approach and has a very international practice.” – Chambers Asia-Pacific 2015

Article & Media

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

Leading Case

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.

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

• B v Z [1991]

Obtained order before Thorpe J., London for care and control from mother who had been ordered to return to London from Dallas, Texas pursuant to Hague Convention order.

• D v G [2001] HKCA 348

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

Finance

• M v M [1993]

Successfully represented wife before Ward J, London in respect of ancillary relief to dismiss husband’s appeal against financial order.

• 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.

• S v ATO [2013]

Successfully represented husband in tax proceedings commenced by Australian Tax Office.

• 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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