Hong Kong

IAFL Calls for Equal Legal Protection for All Families in Hong Kong – International family law organization welcomes judicial progress while urging comprehensive legislative reform for same-sex couples and civil partnerships The International Academy of Family Lawyers (IAFL) has issued a statement reaffirming its commitment to legal protection without discrimination for families and children across international borders, with particular focus on Hong Kong's evolving legal landscape for same-sex relationships and civil unions. The statement was released following a gathering held at the offices of Hugill & Ip in Six Pacific Place on 3 December 2025, where leading Hong Kong family law practitioners and IAFL fellows convened to discuss critical issues affecting diverse family structures in Hong Kong. The event provided a platform for dialogue on the legal challenges facing same-sex couples and families in civil unions, bringing together local and international expertise to examine pathways toward comprehensive legislative reform. "The legal landscape is evolving, and we must ensure that all families receive equal protection under the law," said Caroline McNally, partner at Hugill & Ip and IAFL fellow. "The recognition of same-sex relationships and civil unions isn't just a matter of rights — it's about ensuring children and families have the legal certainty and protections they deserve, regardless of how their families are structured." Azan Marwah, barrister at Pantheon Chambers and IAFL fellow, emphasized the international dimensions of these issues: "We regularly see individuals and couples caught between different legal systems, where their relationships are recognized in one jurisdiction but not another. This creates real hardship for families, particularly when dealing with inheritance, custody, or immigration matters. Comprehensive legislative reform in Hong Kong would align us with international human rights standards and provide crucial protections for families with cross-border connections." The prestigious international organization, comprising over 1,000 practicing lawyers from 128 jurisdictions worldwide, applauded recent Hong Kong judicial decisions affirming the fundamental human rights of same-sex couples while calling for more comprehensive legislative action to protect all family structures equally under the law. Judicial progress and legislative opportunities The IAFL welcomed the Hong Kong Judiciary's landmark decisions recognizing same-sex partnerships. These developments represent significant progress in aligning Hong Kong's legal framework with international human rights standards protecting family diversity. However, the organization emphasized that incremental reforms, while valuable, may not provide the comprehensive protections that families require, encouraging the Hong Kong Government to consider the introduction of marriage equality for same-sex couples, as the best mechanism to protect families. Full marriage equality ought to be positioned as the gold standard for legal protection. Marriage equality would provide same-sex couples with the complete suite of legal rights, responsibilities, and protections currently available only to heterosexual married couples, including inheritance rights, medical decision-making authority, taxation benefits, immigration status, and parental rights. Piecemeal legislative solutions, while beneficial, often create complex legal frameworks that may leave gaps in protection or create administrative burdens for families navigating multiple registration or recognition schemes. The overlooked issue: civil unions Beyond same-sex relationships, the discussion drew attention to another significant gap in Hong Kong's family law framework: the recognition of heterosexual civil unions celebrated abroad. This issue affects a growing number of families but receives considerably less public attention than same-sex marriage debates. Civil unions, also known as civil partnerships in many jurisdictions, represent legally recognized relationships that provide similar rights and responsibilities to marriage but under a different legal designation. At least 42 countries across all continents currently offer civil union options, reflecting diverse cultural, religious, and legal traditions regarding relationship recognition. Many couples choose civil unions for personal, philosophical, or practical reasons. Some prefer the secular nature of civil unions over traditional marriage. Others enter civil unions because they were the only legal option available in their jurisdiction at the time. Regardless of motivation, these families deserve equal legal protection. When civil union partners relocate to Hong Kong, they face legal uncertainty regarding their relationship status. Without recognition, they may encounter difficulties in areas such as dependent visa applications, medical decision-making, inheritance, joint property ownership, and parental rights. Should the relationship break down, the absence of a dissolution framework creates additional complications, potentially leaving parties without access to financial remedies or clear custody arrangements for children. International standards The position reflects evolving international human rights jurisprudence recognizing family diversity. International human rights instruments, including those Hong Kong has committed to upholding, increasingly recognize that the right to family life extends beyond traditional heterosexual marriage to encompass various family formations deserving legal protection. The organization's Sexual Orientation and Gender Identity Committee has worked closely with the IAFL Executive Committee in raising awareness among members, providing education on evolving legal standards, and developing this public statement of support for LGBTQ+ rights. This collaboration demonstrates the organization's institutional commitment to equality principles across its global membership. Championing LGBTQ+ rights Hugill & Ip and Pantheon Chambers have been at the forefront of advocating for LGBTQ+ rights and equal marriage in Hong Kong since their respective founding days. The practice has consistently handled groundbreaking matters related to same-sex couples and their families, providing legal representation in landmark cases that have shaped Hong Kong's evolving jurisprudence on relationship recognition and family rights. The commitment extends beyond individual client representation to active involvement in policy advocacy, public education, and supporting legislative reform efforts. Through participation in professional organizations like the IAFL and engagement with stakeholders across civil society, they have worked to advance the conversation around marriage equality and comprehensive legal protections for diverse family structures. "From our very first days, we recognized that family law must serve all families equally," said Alfred Ip, founding partner of Hugill & Ip. "Our commitment to LGBTQ+ clients and advocacy for same-sex marriage rights reflects our fundamental belief that the law should protect families based on love, commitment, and mutual support — not arbitrary distinctions about who can form a family. We will continue championing full equality until every family in Hong Kong receives the legal recognition and protection they deserve." Call for comprehensive legislative reform The IAFL's statement invites the local legislative body to introduce comprehensive legislation addressing both same-sex relationships and civil unions on terms of equality with marriage. Such legislation would provide clear recognition frameworks, establish rights and responsibilities for partners and children, and create dissolution mechanisms ensuring fair outcomes when relationships end. Comprehensive reform would position Hong Kong as a regional leader in family law, attracting international talent, supporting diverse families already residing in the territory, and demonstrating commitment to international human rights obligations. Many leading financial centres have begun addressing these issues, recognizing that inclusive family law frameworks support economic competitiveness by accommodating internationally mobile professionals and their families. The IAFL, as an organization of the world's most experienced and skilled family law specialists, brings authoritative expertise to these discussions. Its members regularly navigate cross-border family law issues, witnessing firsthand the practical consequences when legal systems fail to recognize diverse family structures. Their collective experience underscores that comprehensive, equality-based legislative frameworks best serve children's interests, protect vulnerable parties, and provide legal certainty for families. As Hong Kong continues its legal evolution on family recognition, the IAFL's statement provides international perspective and professional expertise supporting comprehensive reform protecting all families equally under the law.

The Hong Kong Stock Exchange (“HKEx”) concluded a major consultation and implemented, effective from 4 August 2025 (the “implementation date”), a series of reforms aimed at optimising IPO price discovery and open market requirements. HKEx is also seeking public views on public float proposals. Major changes The listing rule changes apply to all existing listed companies and new applicants with prospectuses published on or after 4 August 2025. Public float. Each Hong Kong listed company and new listing applicant must maintain an “open market” for their listed securities. Thus, HKEx requires a minimum percentage of listed securities to be held by the public (public float), i.e. not held by the listed company’s core connected persons (e.g. holders of 10% of more shareholding, directors and their close associates) and not financed by the listed group or any core connected person. Before the implementation date, the public float is 25% of the total number of issued shares, or 15% to 25% if the expected market capitalisation is over HKD10 billion at listing. From the implementation date onwards: For companies with a single class of shares or PRC companies without other listed shares, the public float requirement is 25% if the market value of all listed securities is HKD6 billion or less. If the market value is more than HKD6 billion up to HKD30 billion, the public float must be the higher of (i) the percentage that would result in the market value of listed securities in public hands to be HKD1.5 billion at time of listing, and (ii) 15%. For market value of above HKD30 billion, the public float must be the higher of (i) the percentage that would result in the market value of listed securities in public hands to be HKD4.5 billion at time of listing, and (ii) 10%. HKEx may permit a lower public float, on a case-by-case basis, if the market value significantly exceeds HKD45 billion. For PRC companies with other listed shares (e.g. A shares listed on a mainland stock exchange), H shares in public float must be 10% or is of at least HKD3 billion in market value at listing. Free float. To foster the open market requirement, HKEx introduces a new concept of “free float” effective from the implementation date. It refers to securities available for trading upon listing, and normally means the securities held by the public and not subject to disposal restrictions. For listed companies with a single class of shares or PRC companies with no other listed shares, the listed shares in free float must (i) be at least 10% of the total issued shares listed on HKEx with market value at listing of at least HKD50 million for Main Board and HKD15 million for GEM, or (ii) have a market value of not less than HKD600 million at listing. For PRC companies with other listed shares, the H shares in free float must (i) be at least 5% of the total issued shares in the class to which H shares belong (usually meaning H shares and A shares together) with market value at listing of at least HKD50 million for Main Board and HKD15 million for GEM, or (ii) have a market value of not less than HKD600 million at listing. IPO offering mechanism. At least 40% of the offered shares must be allocated to investors in the placing tranche (other than cornerstone investors). In respect of the public subscription tranche, the IPO applicant may select: an initial 5% of offered shares allocated to the public subscription tranche (if demand in that tranche reaches 15 times but is less than 50 times, the allocation increases to 15%; if demand reaches 50 times but is less than 100 times, it rises to 25%; and if demand hits 100 times or more, the allocation must increase to 35%); or a minimum initial allocation of 10% and a maximum of 60% of the offered shares to the public subscription tranche with no clawback mechanism. Further consultation HKEx is seeking public views on ongoing public float issues. HKEx proposes that all listed companies be subject to a more flexible ongoing public float requirement. Apart from the above-mentioned public float percentages that took effect on the implementation date, the public float requirement can also be satisfied if shares in public hands (i) have a market value of at least HKD1 billion and (ii) represent at least 10% of the total number of issued shares of the same class as HK listed shares (or, for a PRC company with other listed shares, 5% of the PRC company’s total number of issued shares in the class to which H shares belong). All listed issuers will have to confirm compliance with their ongoing public float thresholds in their monthly returns and annual reports. A listed company which fails to meet the public float requirement will not be required to suspend trading of its shares, but must make announcements on such breach, its plan to restore public float and status of such restoration plan. A situation will be classified as a “significant public float shortfall” if (i) the public float falls below 15% or, where a lower initial public float threshold is permitted at listing, below 50% of that threshold and (ii) the market value of public float shares is less than HKD500 million or represents under 5% of the issuer’s total issued shares in the class of the listed shares. In such cases, the HKEX will impose a special stock marker on the listed securities, and the issuer will be required to make additional disclosures. If the company with a significant public float shortfall fails to restore its public float within 18 months for Main Board (or 12 months for GEM), it will be delisted. Rossana Chu is a partner at YYC Legal [email protected]

As Hong Kong works towards becoming a more inclusive society, initiatives like The Ability Bridges play a crucial role in ensuring that legal protection and knowledge are accessible to all members of the community. Through this comprehensive approach, Hugill & II and its partners are not just providing services – they’re building bridges to a more equitable future. In a significant move towards inclusive legal services, Hugill & Ip has launched “The Ability Bridges”, a six-month corporate social responsibility campaign designed to address critical legal needs within Hong Kong’s disability community. The initiative, launching on the United Nations International Day of Persons with Disabilities (3 December 2025), represents a coordinated response to the complex challenges faced by individuals with disabilities and their families. Global context and local challenges The campaign launches against a backdrop of pressing global disability issues. According to recent World Health Organization data, approximately 1.3 billion people – or 1 in 6 people globally – experience significant disability. More alarmingly, persons with disabilities face considerably shorter life expectancies, with some dying up to 20 years earlier than those without disabilities. They also experience twice the risk of developing conditions such as depression, asthma, diabetes, stroke-risk, and obesity. In Hong Kong, the landscape presents its own unique challenges. The Census and Statistics Department’s 2023 Special Topics Report revealed that 534,200 people, representing 7.1% of the city’s population, live with disabilities. Under broader definitions, this number increases to 866,500 people (11.6% of the population). Employment remains a critical issue, with only 40% of working-age persons with disabilities being economically active, highlighting significant barriers to workplace inclusion. A collaborative framework Ability Bridges brings together three prominent NGOs – Love 21 Foundation, The Nesbitt Centre, and Sensational Foundation – in a unique collaborative model. The campaign operates through four strategic pillars: The Justice Bridge: Providing direct pro bono legal representation and advice The Knowledge Bridge: Delivering accessible legal education to families and employers The Support Bridge: Training NGO workers in legal issue identification The Future Bridge: Facilitating future planning through an innovative fundraising model “What makes this campaign unique is its holistic approach,” explains Adam Hugill, Partner at Hugill & Ip. “We’re not just offering legal services; we’re building a sustainable ecosystem of support that will continue benefiting the community long after the campaign ends.” Innovative fundraising model The campaign introduces a groundbreaking “Secure a Future” fundraising initiative. Donors contributing HK$8,000 or more to partner NGOs receive complimentary legal services, including Will drafting (HK$12,000 for Mirror Wills), Enduring Power of Attorney (HK$6,000), or Deed of Guardianship (HK$4,000). This model ensures that 100% of donations directly support NGO programs while providing essential legal planning services to donors. Campaign milestones and activities The six-month campaign features several key initiatives. The campaign addresses critical challenges facing Hong Kong’s disability community through three strategic phases. Beginning with several legal workshops on estate planning, the initiative progresses to comprehensive training sessions and educational resources for families and NGO staff. The final phase delivers workplace inclusion programs and community legal clinics, while tackling fundamental issues such as inadequate legal planning, limited rights awareness, restricted access to services, and employment discrimination barriers. All activities support the campaign’s core mission of building a more inclusive and legally empowered community. “The statistics are clear – persons with disabilities face significant barriers in accessing legal services and understanding their rights,” notes Alfred Ip, Partner at Hugill & Ip. “This campaign provides practical solutions while building long-term capacity within the community.” Community impact and future vision The Ability Bridges campaign aims to achieve several measurable outcomes during its six-month run: Handling a significant number of pro bono cases for individuals and families that would not be able to otherwise afford legal representation Training families and individuals through educational workshops Establishing a sustainable framework for ongoing legal support Generating funding for partner NGOs’ programs The campaign’s impact extends beyond immediate legal services. By building knowledge and capacity within NGOs and the broader community, it creates a foundation for long-term change in how legal services are delivered to persons with disabilities. Getting involved Families seeking support can access services through partner NGOs, while legal professionals interested in volunteering and members of the public wishing to contribute can contact the campaign team at [email protected] or +852 2861 1511.

The Hong Kong government has launched a public consultation on enhancements to regulate licensed money lenders. Currently, any entity or person carrying on a business as a money lender in Hong Kong must obtain a money lender’s licence. The licensing of money lenders and regulation of money-lending activities are governed by the Money Lenders Ordinance (Chapter 163 of the Laws of Hong Kong) and implemented by the Licensing Court, the Companies Registry (CR) and the Police, each playing different roles and functions within the money lenders regulatory regime. In recent years, the community has become increasingly concerned about excessive personal borrowing, especially by foreign domestic helpers (FDHs) and other low-income earners. Statistics reveal that unsecured personal loans granted by licensed money lenders reached a high level of 9.3% in 2024. Larger money lenders reflected that the default rate for borrowers with monthly income of HKD10,000 or less was 9.4%, and the rate for FDHs was 9.9% in 2023. The Hong Kong government is proposing the following measures, which mainly focus on unsecured personal loans: Enhancing regulation of unsecured person loans It is proposed that a cap be set on (a) the aggregate amount of unsecured personal loans or (b) the “debt servicing ratio”. If the borrower’s monthly income is HKD5,000 or less, (a) the aggregate unsecured personal loan cap is one month’s income and (b) the “debt servicing ratio” cap is 35%.  Where the monthly income is between HKD5,001 and HKD10,000, (a) the aggregate unsecured personal loan cap is two months’ income and (b) the “debt servicing ratio” cap is 40%. For example, if a borrower’s monthly income is HKD5,000, his debt servicing amount is capped at HKD1,750 (35% of HKD5,000). If he takes a personal loan with an annual interest rate of 30% to be repaid in 12 monthly instalments, then the maximum principal amount will be HKD18,000. Further, to prevent situations where borrowers take large loans before disappearing when their employment contracts end, the government proposes that repayment periods for unsecured personal loans shall not exceed the remaining term of the borrowers’ employment contracts. Strengthening protection of public interest Under the current regime, an intending borrower may provide a referee to the money lender if the referee has given written consent to act in respect of the loan application. The role of a referee is confined to the provision of information about an intending borrower, and the referee should not be required to repay the loan. Yet, employers of certain defaulting borrowers, including those employing FDHs who reside with them, and non-debtors are harassed by money lenders and debt collectors, causing social problems. To further protect public interest, including the interests of FDH employers, the government proposes that when borrowers provide referees in their loan applications, money lenders must proactively send a letter to the referee to verify the authenticity of the written consent, or else, the referee must sign the written consent in person at the money lender’s premises. As an alternative, the government proposes prohibiting money lenders from requiring borrowers to provide referees when applying for unsecured personal loans. Optimising the borrower affordability assessment The “Credit Data Smart” (CDS) was introduced in April 2024 by the Hong Kong Monetary Authority together with industry associations of banks, money lenders and deposit-taking companies. The CDS enhances protection of consumer credit data and also provides more choices of consumer credit reference service providers.  As in May 2025, 36 money lenders (accounting for about 64% of the loan business of all licensed money lenders) have joined the CDS. The government proposes to require all licensed money lenders to regularly submit personal credit information of their borrowers to the CDS, including loan applications, terms of approved loans and repayment records, to complete the database of the CDS. It also proposes requiring money lenders with a certain scale of unsecured personal loan business to, before approving loans, assess the affordability of intending borrowers based on their personal credit reports under the CDS, in order to enhance their application assessments. Enhancing complaint handling process The government will mandate the CR to enhance the transparency in handling complaints against money lenders and to strengthen communication and exchange of intelligence with the Police. Also, the CR is expected to reinforce the system for supervising money lenders in handling complaints. It is to regularly collect and analyse statistics from money lenders on complaints received by them. It will also monitor whether money lenders with persistently high complaint figures have established procedures to ensure proper handling of customer complaints, to take appropriate remedial actions and to ensure their employees and agents can provide complainants with correct information. Stepping up publicity and education The Government will increase awareness and education targeting FDH communities, young people, and low-income earners to help them better understand the risks of excessive borrowing. To spread the messages effectively, the campaign will use multiple languages and different methods, and the messages will also be conveyed by the Labour Department, the Investor and Financial Education Council, and non-governmental organisations. For FDHs in particular, the government will remind them not to use their employers as loan referees or give their employers’ home addresses as their own contact details when applying for personal loans. It will provide more accessible channels for FDH employers to report money lenders that violate licensing conditions. Enhancing money lender regulatory regime The government proposes the licensing and supervision of money lenders should be handled centrally by a government department (i.e. CR), including reviewing and approving applications, monitoring compliance and prosecuting violations. Details of money lenders with repeated offences will be published on the government’s website for public reference. These measures will require amendments of relevant provisions of the Money Lenders Ordinance. Rossana Chu is a partner and Beverly Fu is an associate at YYC Legal [email protected] [email protected]