Gilt Chambers takes pride in the diversity of interests and practices of its members which fosters a culture of innovative thinking allowing members to assist in providing the best service to clients, the profession and the public.
Administrative & Public Law
Administrative law (sometimes referred to as ‘public law’) is a body of law which has developed principles which seek to ensure that public bodies act in a way which is legal, reasonable and fair. It provides a way to challenge maladministration or the misuse or abuse of power by a public body.
Admiralty & Shipping
Admiralty and Shipping law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities and private international law governing the relationships between private parties operating or using ocean-going ships. Admiralty law is “wet” (relating to salvage, collisions, ship arrest, towage, liens and limitation) and “dry” (carriage of goods, people and marine insurance).
Animal law is the combination of statutory and case law that relates to or has an impact on nonhuman animals. It encompasses companion animals, wildlife, and animals used in entertainment, research and ones raised for food.
Animal law permeates and affects most traditional areas of the law – including tort, contract, criminal, constitutional, family, environmental, administrative, and trust law.
Appellate law (Civil and Criminal)
Appellate law concerns a review of a trial Court’s application of the law. Appeals function both as a process for error correction as well as a process for clarifying and interpreting the law.
The Court of Final Appeal is the highest appellate Court in Hong Kong and hears appeals on civil and criminal matters from the High Court (Court of Appeal and Court of First Instance)
The Court of Appeal hears appeals on criminal and civil matters from the Court of First Instance, the Competition Tribunal, the District Court, the Lands Tribunal and various Tribunals and statutory bodies.
The Court of First Instance has both appellate and original jurisdictions which extends to both criminal and civil matters.
Arbitration, a form of alternative dispute resolution, is a way to resolve disputes outside the Courts. The dispute will be decided by one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), which renders the “arbitration award”. An arbitration award is legally binding on both sides and enforceable in the courts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions.
Art and Cultural Property Law
Art and cultural property law is the body of domestic and international law that concerns the legal treatment of art and cultural property. It includes artists’ rights, bailment, recovery of stolen and looted art, repatriation of art and artefacts, auctions and taxation.
Chancery work generally involves disputes over property – in its very broadest sense. It includes litigation over wills and the administration of estates; real property disputes; banking and financial services law; disputes concerning structures that have been developed for the management of property and business, like trusts, companies, and partnerships; and insolvency, both of individuals and companies. Many cases also involve fraud and asset tracing, especially where such claims overlap with other areas of Chancery practice.
China Related Disputes
China Related Disputes require day to day contact in the Chinese language as well as an understanding of both technical and cultural matters. Disputes can include contractual disputes, debt recovery, injunctions, shareholders and joint ventures disputes, enforcing PRC judgments in Hong Kong and cross border insolvency.
Chinese Customary Law
Some aspects of Chinese customary law apply in Hong Kong and Courts may recognize and enforce Chinese customs or customary rights in relation to land in the New Territories.
Civil law is concerned with the rights and property of individual people or organisations, which may not always be protected by criminal laws. Civil law settles disputes between individuals and organisations, and it often involves compensation being awarded.
Commercial law covers a wide range of issues related to doing business, such as the rights and relations of business people, and businesses involved in commerce, trade, sale and merchandise. It deals with aspects of private law and public law.
Company & Insolvency
Company law (also known as corporate law) is the body of law governing the rights, relations, and conduct of persons, companies, organisations and businesses.
Competition law is law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement.
Construction & Engineering Disputes
Construction and Engineering Disputes cover common issues in the laws and regulations relating to construction and engineering, including making construction projects, supervising construction contracts, common issues in relation to construction contracts, and dispute resolution.
Convention Against Torture & Non-Refoulement Claims
The Convention Against Torture & Non-refoulement Claims Scheme provides legal representation and advice to claimants who have lodged non-refoulement claims under the Unified Screening Mechanism in respect of the following risks:
(i) Torture risk under Part VIIC of the Immigration Ordinance Cap 115 Laws of Hong Kong,
(ii) Risk to a person’s right to life and Risk of Torture or cruel, inhuman or degrading treatment or punishment under Articles 2 and 3 of Section 8 of the Hong Kong Bill of Rights Ordinance Cap 383 Law of Hong Kong, and/or
(iii) Risk of persecution with reference to the non-refoulement principle under Article 33 of the 1951 Convention relating to the Status of Refugees.
Criminal law is the body of law that relates to crime and the punishment of individuals who commit crimes.
Data Technology Law
Any person who publishes defamatory matter regarding another person or an organisation in writing or by word of mouth or by conduct may be liable for defamation. Broadly speaking, there are two kinds of defamation. They are: Libel, which is the publication of defamatory matter in writing or in some other permanent form, and Slander, which is the publication of defamatory matter by word of mouth or in some transient (temporary) form.
Discrimination law covers incidents of unequal or unfair treatment based on a person’s age, disability, gender, national origin, race, religion, sexual orientation, genetic makeup, and other personal characteristics. Individuals who possess one of these personal characteristics are said to belong to a “protected class”.
Employment laws concerns with the legal relationship between employers and employees. Legal issues revolve around hiring and firing, sexual harassment, workplace discrimination, workplace health and safety, and the rewards to employees are all related to employment laws.
Energy, Oil & Gas Disputes
Energy, Oil & Gas Disputes are a dynamic and expansive area of the law. It is generally concerned with legal issues that include land use management, extraction and production operations, property rights, royalties and other benefits and delivery arrangements.
Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others.
D&O liability insurance, freight forwarder insurance, double insurance and winding up of insurers.
Intellectual property is a category of property that includes intangible creations of the human intellect, which includes ideas, information and knowledge. Intellectual property rights are specific legal rights which protect the owners of intellectual property and can include patents, copyright, database right, design right, trade mark and confidential information.
International Tax Law
International tax law deals specifically with the international aspects of the domestic tax law together with international tax rules such as OECD Commentaries and Transfer Pricing Guidelines in order to determine taxing rights, alleviate double taxation and to ensure inter-company transactions are conducted on an arm’s length basis. International tax law also deals heavily with transfer pricing disputes between taxpayers and tax authorities.
Land & Property Law
Land and Property law is concerned with the law surrounding properties in Hong Kong and the conveyancing process. It includes but is not limited to all forms of acquisitions, interests in law, leases, licences, easements and mortgages.
Mediation is a voluntary, confidential and private dispute resolution process in which a neutral person, the mediator, helps the parties to reach their own negotiated settlement agreement. The mediator has no power to impose a settlement.
Probate & Administration
Probate and Administration law deals with the law on the probate and letters of administration and the manner in which the estate of the deceased individuals are handled through these letters.
Public and Private International Law
Public international law is the set of rules, norms and standards generally accepted in relations between countries. Sources of public international law include international custom, treaties and general principles of law recognised by most national legal systems. Private international law concerns relations across different legal jurisdictions between natural persons, companies, corporations and other legal entities, their legal obligations and the appropriate forum and procedure for resolving disputes between them.
Regulatory & Disciplinary
Regulatory and Disciplinary law deals with all aspects of advice and advocacy relating to Hong Kong’s law relating to disciplinary proceedings.
Tax law is concerned generally with the legal aspects of taxation, not with its financial, economic, or other aspects. A tax is a charge by the government on the income of an individual, corporation or trust, as well as the value of an estate or gift.
Tort & Personal Injuries
Tort means a civil wrong (other than a breach of contract) for which the law will provide compensatory remedies. The purpose of tort is to provide compensation to a victim for his harm suffered as a result of the breach of a legal duty of a third party.
A legal action for personal injury is a civil lawsuit that is directed at compensating a victim who suffers bodily injury due to an accident that is caused by a wrongdoer.
In law, a trust is a relationship where property is held by one party for the benefit of another party. A trust is created by the owner who transfers property to a trustee. The trustee holds that property for the trust’s beneficiaries.
Other Practice Areas
Gilt Chambers’ counsel may be able to help in other practice areas, or refer you if not. We encourage you to enquire.
One of the largest chambers in Hong Kong, with a diverse range of barristers equipped with specific skills for every legal scenario.
Members of Gilt Chambers’ have a diverse range of backgrounds and experience. Many hold qualifications outside of law, or have worked in other industries and apply this wide range of knowledge to their everyday practice.