Anti-Avoidance in Hong Kong Estate Duty: From Kwok To Pong

Abstract

There have been continuing concerns on the applicability of the Ramsay principle to estate duty in Hong Kong. Recently, this question has been, for the first time, formally raised before an considered in the Court of First Instance of the Hong Kong Special Adminstrative Region. In addition to a summary of the facts and an analysis of the judgment of the case, in this aritcle the authors provide their reflection and comments on the area. It should be noted that at the time of submitting this artilce, the case has already been heard by the Court of Appeal but no judgement has yet been handed down. Reders are there for reminded to keep track of any further developments.