Jocelyn Tsao

Jocelyn Tsao: Attorney with Withers LLP
  • Associate at Withers LLP (470 Attorneys)
  • 20/F, Gloucester Tower, The Landmark, 15 Queen's Road, Hong Kong, China 00000
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Biography

Jocelyn is an associate in the divorce and family team.

She advises on all aspects of matrimonial law including divorce, prenuptial agreements, child care and custody and financial disputes. She advises husbands, wives, and unmarried partners. She is an experienced advocate and has also cross examined witnesses in open court.

As well as handling her own case load, Jocelyn has been involved with some of the most high profile cases to come before the courts in Hong Kong as part of a team involving high net worth individuals with diverse and complex issues. This exposure to large cases has given her experience in dealing with prenuptial agreements, trusts, corporate structures and injunctions, and co-ordinating with other solicitors overseas and experts, as well as leading counsel in Hong Kong and London.

Jocelyn has considerable experience in divorce cases with trusts involved as well as complex cross-jurisdictional divorces.

Her cases have recently been concerned with issues of jurisdiction, financial discovery and dealing with the preliminary issue of beneficial ownership. She has been involved with a number of child relocation cases and cases dealing with children’s custody, care and control.

Talks

‘Divorce across multiple jurisdictions’ and ‘The Protection of Assets in Trusts’, Transcontinental Trusts Asia Conference - March 2015

TVB legal programme, Hong Kong Law Week Special - 2011

Track record

Advised a very high profile client when she achieved the largest ever award from a court in Hong Kong, namely HK$1.4 billion. This case involved issues relating to s17 applications as well as consideration as to whether or not shares in a business of considerable valuable should form part of the marital assets. It also considered the impact of corporate documents in the context of divorce following the landmark Supreme Court decision in England of Prest v Petrodel. This matter subsequently went to the Court of Appeal and was reported as TCWF v LKKS (No. 1) [2014] HKFLR 1; [2014] 1 HKLRD 896.

Responsible for a complex case involving a wealthy family in Hong Kong in particular successfully applying for detailed specific discovery and running a preliminary case to determine beneficial ownership: LCJWY v LCKS [2015] HKEC 1403 and [2016] HKEC 789.

Acted for the applicant in a highly acrimonious case involving custody, care and control and access on the issue of custody, care and control, and access. She successfully secured sole custody, care and control and restricted access to the father, with costs. Represented and advised client against the father’s false criminal allegations of child abuse: CCAIH and CGCL FCMP122/2013.

Acted for the wife to the Court of Appeal on the main suit. The husband filed a stay summons on the wife’s petition on the ground of forum non-conveniens, claiming that the South Korean Family Court was the more appropriate forum. The husband also filed an application to seek leave to file an amended answer and cross-petition. The Court of Appeal dismissed the husband’s stay summons. Jocelyn worked with senior counsel from the UK and lawyers from Korea: SJH and RJH CACV 280/2011 [2012] 3 HKC .

Jocelyn acted in one of the first cases under Section 29AC of the MPPO . Wife sought financial relief from the Hong Kong Court on a divorce already finalised in Macau. The key question in the case was whether the applicant could prove her substantial connection with Hong Kong so that the Hong Kong courts would have jurisdiction to hear the matter: CMC and WPM FCMP59/2012 [2012] HKEC 1257.

Dates

Joined
2012

Publications

‘Why splitting assets down the middle may not be fair in some divorce cases’, SCMP - 1 October 2013

‘International Aspects of Child Abduction in Asia Pacific’, IAML - 2013

Me in a minute

People often say they have Monday blues, but I never feel that way. I love what I do

I knew I did not want to focus on any area of law but family law right from the beginning. I started straight off working as a trainee in a firm specialising only in family law before I joined Withers. People often say they have Monday blues, but I never feel that way. I love what I do.

Out of work, I lead a second life as an athlete. I have been training in all sorts of sports for hours every day since I was young as a competitive swimmer, a marathon runner, and a mid-fielder in my hockey teams. What drives me in life is my passion in sports, and the more challenging it is, the more I want to pursue it. I wake up early every morning for CrossFit training, and train Mixed Martial Arts ( MMA ) every evening after work which includes the disciplines of Brazillian jiu-jitsu, Muay Thai and Boxing.

Areas of Practice (3)

  • High-net-worth individuals
  • Asia Pacific
  • Hong Kong

Education & Credentials

Contact Information:
+852 3711 1609  Phone
+852 3711 1601  Fax
www.withersworldwide.com/people/jocelyn-tsao
University Attended:
University of Hong Kong, P.C.L.L.
Law School Attended:
University of Hong Kong, LL.B.
Admission:
2009, Hong Kong SAR
Memberships:

Memberships

Hong Kong Family Law Association

Law Society of Hong Kong

Languages:
Cantonese and Mandarin
ISLN:
923311239

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