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Real Estate

At ONC Lawyers, we put our clients first and commit to deliver attentive, client-focused services wherever and whenever needed.  Our Real Estate Department handles:

  • Project Development;
  • Private Equity Real Estate;
  • Real Estate Transactions;
  • Real Estate Finance;
  • Real Estate Management Issues;
  • Real Estate Dispute & Litigation;
  • Landlord & Tenant; and
  • Other property related matters.

If you would like to know more about our real estate practice or how we can help you or your business, please contact us at (852) 2810 1212 or at property@onc.hk.

Please refer to our articles in ‘Knowledge’

 


Our People

Raymond Cheung
Raymond Cheung
Partner
Henry Yip
Henry Yip
Partner
Raymond Cheung
Raymond Cheung
Partner
Henry Yip
Henry Yip
Partner

Recommended Posts

COVID-19 tenancy termination and rent abatement issues
The World Health Organization classified the outbreak of COVID-19 as a pandemic on 11 March 2020. The Hong Kong Government has been implementing a series of control measures, including travel and border restrictions and compulsory quarantine for 14 days, to curtail the number of infections and combat the ongoing outbreak. As a consequence, business disruptions with a reduced need for office and shop spaces, and a significant and abrupt business slowdown affect a lot of business tenants in Hong Kong. The key issues for a business tenant to consider are whether in an outbreak a tenant can use that as a ground to early terminate the tenancy agreement or request for a rent abatement until the situation gets better. This article will focus on the application of force majeure clauses and the doctrine of frustration with regards to the possible early tenancy termination and rent abatements.
Both the Homebuyers Who Purchase Residential Properties in the Name of Others in Order to Pay Lower Stamp Duty and the HKPR Who Provided Their Names Are Subject to Criminal Liabilities and Other Risks
Introduction In order to cool down the property market in Hong Kong, in November 2016, the Hong Kong Government increased the ad valorem stamp duty (AVD) rates for all residential property transactions to a flat rate of 15% of purchase price, irrespective of the amount or value of the consideration of the residential property with an exemption that a Hong Kong Permanent Resident (HKPR) acquiring a residential property where he/she is acting on his/her own behalf and does not own any other residential property in Hong Kong at the time of acquisition will be subject to lower rates (i.e. AVD at Scale 2 rates) (the “Exemption”). It might be tempting for a non-HKPR and/or a HKPR who already owned other residential properties in Hong Kong (collectively the “homebuyer”) to purchase residential properties using the names of other HKPRs who do not own any residential property in Hong Kong in order to save stamp duty. The homebuyer might agree or make an arrangement with a HKPR who does not own any residential property in Hong Kong to use the name of the HKPR as the buyer of the residential property (the “Transaction”). However, both the homebuyer and HKPRs who provided their names might be subject to criminal offences and other risks and liabilities under such circumstances.
What Can I Do If I Wish to End the Co-ownership of My Property?
Introduction Partition is one of the ways which ends the co-ownership of properties and thus each co-owner becomes the sole owner of the land allotted to him. It is different from severance of a joint tenancy, which merely leads to co-owners remaining in co-ownership as tenants in common. Partitions may be done voluntarily by execution of deed. Where there is no voluntary agreement, co-owners may bring an action for partition or sale under the Partition Ordinance (Cap 352) (the “Ordinance”). In Silver Wealth Capital Investment Limited v Lai Wai Cheun & Lai Kam Cheung (HCMP 512/2013), the Plaintiff made an application to court pursuant to the Ordinance, seeking an order for the sale of a property located at Shanghai Street (the “Property”). The question which the court had to decide was whether to make an order for sale or to maintain the status quo of the co-ownership among the parties.
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