Terms & Policies

Standard Conditions of Service

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  1. The client shall :-
    • be responsible for payment of the costs and disbursements of SFKS inclusive of all incidental expenses and will keep SFKS indemnified at all times against any liability for such expenses;
    • upon request by SFKS, pay to SFKS such amount as may be reasonably required to be paid on account of costs and disbursements; and
    • settle promptly all bills and interim bills as may be rendered by SFKS to the client from time to time in respect of the services rendered or any part thereof.

  1. SFKS’s bills and interim bills are due upon delivery. Interest shall be payable in respect of all overdue payments by the client to SFKS at the rate of one per cent per month as from the due date of the relevant payment until payment if such payment shall remain outstanding for over 30 days from the date of the bill. Unless otherwise agreed, our photocopying charges will be HK$1 per page for black and white copy, and HK$6 per page for colour copy.

  1. The client shall upon request by SFKS :
    • render to SFKS such materials and information as SFKS may require for the purpose of providing the required service to the client; and
    • confirm the client's instructions in writing.

  1. SFKS may by notice terminate the retainer in appropriate circumstances including without limitation any of the following events:-
    • a conflict of interest between the client and other client(s) of SFKS;
    • where the retainer was made by the client and other party/parties jointly with SFKS a conflict of instructions from the client and such other party/parties;
    • a breach of any of these Conditions by the client;
    • the client’s instruction(s) being contrary to SFKS’s advice, thereby exposing SFKS to potential liabilities;
    • where SFKS considers that there is a complete breakdown in trust and confidence between the client and SFKS;
    • any matters arising which will under any applicable rule of law or professional conduct constitute a ground for SFKS to withdraw from acting for the client;
    • if SFKS is of the opinion that a conflict of interest arises whether the conflict is between clients of SFKS or between the client and SFKS.

  1. SFKS is authorised by the client to do all necessary acts and things on behalf of the client in the conduct of the matter forming the subject of the retainer including without limitation :-
    • to appoint and instruct Counsel, expert, other agent(s), attorneys, overseas attorneys as may be required to act in relation to the subject matter;
    • to settle or compromise the claims or any part thereof which may arise from the subject matter;
    • to sign all agreements, documents and instruments of and incidental to the subject matter and any other matters incidental to the exercise of the authority conferred hereby;
    • to make payment of relevant fees and other expenses;
    • to receive on behalf of the client all moneys receivable pursuant to the subject matter and to give valid receipt therefor;
    • where the subject matter involves or gives rise to any legal proceedings (including arbitration or mediation matters) to enter into agreement(s) with the other party/parties in relation to the conduct of the subject matter and the sharing of proceeds of recovery and liabilities for costs and expenses; and

  1. SFKS’s liability, whether for negligence, breach of contract or otherwise for whatever reasons, in non-contentious business shall be limited to the extent of its indemnity cover required under the Solicitors (Professional Indemnity) Rules from time to time, plus the amount of the deductible that is not payable under such indemnity cover, provided that the foregoing shall not limit SFKS’s liability for death or personal injury resulting from negligence or any liability for fraud or dishonesty.

  1. By entering into this retainer, you also agree to be subject to our Data Protection Policy and our Legal Technology Policy, the contents (as may be revised or updated from time to time) of which is available at our website and can be provided upon request.  In particular, SFKS is authorized:-
    • to use the information and documents provided by you for the purpose of feeding them to or training artificial intelligence tools in accordance with our Legal Technology Policy; and
    • to disclose your identity for our promotional purpose in accordance with our Data Protection Policy.  

  1. The terms of the retainer shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region.

Data Protection Policy

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  1. Sit, Fung, Kwong & Shum complies with the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) (the “Ordinance”).

  1. As a prerequisite for and in the course of our service, we may be required to collect a proportional amount of personal data from clients and/or their representatives.  

  1. Any personal data collected from clients and/or their representatives will only be used for the specific purposes mentioned at the time of collection, for purposes directly related to those specific purposes, in accordance with our Standard Conditions of Service, and/or for the following purposes:-
    • complying with requirements as to client identification, verification and due diligence;
    • providing legal advice and services to clients;
    • designing legal services or related products for the use by clients;
    • collecting of fees from clients;
    • complying with disclosure orders or obligations under the requirement of any law, guideline, code of practice of practice directions applicable to us;
    • purposes specifically provided for in any particular service offered by us;
    • promotional purposes; and
    • purposes directly related to the above.

  1. We will retain the personal data of clients and/or their representatives only for so long as necessary for fulfilling the relevant purposes for which they are collected.

  1. Generally, the personal data of clients and/or their representatives will be kept confidential, and will not be disclosed to any other persons without their prior consent.  However, such personal data may be used and disclosed to third parties for the purposes for which they are collected, or as required under the requirement of any law, guideline, code of practice of practice directions applicable to us.  We also acknowledge that some of the personal data may be subject to legal professional privilege which is exempted from certain provisions of the Ordinance and we shall ensure the protection of such privileged information.

  1. We have installed and/or adopted security systems and measures to protect the personal data from unauthorised access, loss or misuse.

  1. In accordance with the Ordinance, clients and/or their representatives are entitled to check whether we hold data about them and to have access to those data, and to correct or update incorrect or inaccurate data.  Any data access request shall be addressed to our Office Manager.  In accordance with the Ordinance, we are entitled to charge a reasonable fee for processing any data access request or correction request.

  1. If you intend not to authorize us to disclose your identity for our promotional purposes, please inform us in writing by email to the handling partner or our Office Manager at sfks@sfks.com.hk.

  1. We reserve the right to amend or revise this policy from time to time with or without advance notice.

Legal Technology Policy

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  1. In the course of fulfilling our solemn pledge to serve clients respectfully, to apply law professionally and to render work effectively, Sit, Fung, Kwong & Shum may make use of legal technology systems and tools (the “Systems” and “Tools” respectively) from time to time as and when necessary.

  1. The Systems may include, but are not limited to, cloud computing systems, cognitive technology platforms or third party technology solutions, including e-signing, e-billing, e-fax and e-filing.  

  1. The Tools may include, but are not limited to, artificial intelligence (“AI”) tools for assisting in document comparison, reviewing, drafting, automation and research.

  1. The Systems and the Tools shall be used only to the extent and on the basis that the applicable laws, statutes, regulations, and codes of practice, including but not limited to data protection, confidentiality, and professional conduct obligations can be complied with.

  1. For the responsible and ethical use of AI, it is our policy that:-
    • Our solicitors and handling staff shall understand both the features and limitations of AI, being a fast developing technology.
    • AI tools used by us would be regularly reviewed and tested to ensure accuracy, reliability, and compliance with professional standards. We shall maintain human supervision over all AI-generated outputs to ensure they meet the required legal and ethical standards.
    • All legal advice and services shall continue to be independently given by solicitors, and shall not allow the Systems or the Tools to take over performance of their legal advice and services.
    • We shall not use AI technology in a manner that could result in unlawful discrimination, bias, or any other unethical practices.
    • Our solicitors and handling staff shall be mindful with what is entered into the AI chatbots, with respect to data security, confidentiality, privacy, copyright and intellectual property.
    • Our solicitors and handling staff shall check to ensure accuracy and accountability of the output generated by AI, as the quality of the output depends on the training, reliability and the quality of the prompts entered, and can be inaccurate, incomplete, misleading or biased.
    • Ultimately, while practitioners shall be encouraged to make use of AI as part and parcel of a modern legal profession, they shall exercise reasonable judgment in using AI in a professional manner for the best interests of clients and the firm.

  1. We shall not use the information and documents provided by clients for the purpose of feeding them to or training AI without the express consent from clients.

  1. Clients may approach the handling solicitor or our Office Manager for enquiries on our use of legal technology.

  1. We reserve the right to amend or revise this policy from time to time with or without advance notice.