Information being witheld

Hello all. I need some advice! My father lives in Hong Kong and has recently had a bad stroke. Essentially he can no longer work, and will likely be bed-bound for the remainder of his life.

Myself and some other family (including his legal wife) have come to HK to try and sort out some of his affairs so that we can get him secure and in a home. The problem is he has had an affair with a lady here, and she is withholding important information that we need to fill in his tax returns and other documents. She keeps asking about copies of wedding certificates so that our dad can divorce his legal wife, which to us seems very suspicious with him being so unwell. Why would you prioritise that over his immediate health situation?

Her behaviour has been really unhelpful, to the point where she says she has given away his laptop which contained details of his invoices and other financial details that we need to deal with his tax returns etc. She has also ceased all communication with us, which is a further worry as we live overseas and she is the only point of contact that we have with his healthcare team.

He also recently received a letter about his estimated tax. We went to inland revenue and they explained we can make an objection about the amount, which we are going to do as his employment situation changed from the year the estimate was based on. Thus we are trying to complete a tax return but are stuffed without his documents which she seems to have destroyed or is at least withholding. She however is insisting that we need to pay the amount estimated and refuses to listen to us when we say what inland revenue have related to us.

Can anybody offer any advice about what we can do? Is there a way that we can pursue a legal means of getting the information we require? We thought about going to the police or legal aid but aren't sure what the correct procedure is here in HK.

We're just really concerned. We don't feel that she has his best interests at heart, and while we want to do everything we can to help him she keeps putting obstacles in our path. Any help or advice at all would be much appreciated.

Thanks in advance.

I'm so sorry to hear of your situation.

First of all, it is your father's tax bill so it is he who has to pay it, not you.

I assume that you are in contact with your father.

In which case, bring in a private doctor to assess him and get a medical report that he has had a stroke and that he is right now not fit to handle his own affairs. The send the letter to the Inland Revenue along with a letter giving the name address and contact details of your father's mistress, and that they should contact her to obtain the information that is preventing you from helping fill in the tax forms. Having said that, I don't think that you can really fill in the tax forms and have father sign it if he is not mentally well. You better seek a lawyers advice.

You can also check out the guardianship board of hong kong where you as family can apply for guardianship of your father and determine his rights.

Also, if you want to protect your father's money you might also want to notify the banks and give them the doctor's medical reports. This is just my two pence worth; I am not a lawyer but your best bet is to contact a lawyer for advice.

If you go the the law society of hong kong website (google), you will see that they advertise that some law firms offer 45 minutes free advice either over the telephone or face to face. I suggest that you take advantage of that.

Also, since your father has had a stroke, you can also contact the Hong Kong social welfare department and explain your situation so that they can give assistance, and be aware that his mistress is in the picture.

You do not want your father signing over any power of attorney to his mistress to decide his fate so you better act soon. I personally would not worry about Inland Revenue as much; your father has a legitimate reason for late return.

But seek legal advice, call social welfare department,and contact the guardianship board.

Hope that helps. It's just my opinion.