|Property Litigation: Constructive Trust, Proprietary Estoppel, and Adverse Possession
||21 June 2019 (Friday)
||2:30pm - 5:45pm
For delegates who have prior knowledge of the subject area
||3 CPD pts (Accredited by The Law Society of Hong Kong)
Unit 903, 9/F,
Euro Trade Centre,
21-23 Des Voeux Road,
Central, Hong Kong
Alan graduated from the University of Cambridge and the University of Hong Kong with first class honours in Politics and Law.
Alan practices mainly civil and commercial law, with a special focus in the areas of companies, land disputes, and general commercial disputes.
Particularly in relation to common intention constructive trust and estoppel, Alan appeared before the Court of Appeal for the successful parties in the leading authorities Mo Ying v Grilled Development Ltd.  2 HKLRD 985 and Hong Kong Hui Qia Co Ltd. v Cham Ka Tai  4 HKC 167.
Michael obtained First Class Honours in both his LL.M. at the University of Cambridge and LL.B. at King's College London. He joined Des Voeux Chambers in 2018 upon completion of his pupillage with Mr. Osmond Lam, Mr. Johnny Ma, Mr. Alan Kwong, and Mr. Jason Yu.
Michael has a broad civil and commercial practice, including Company and Insolvency, Commercial, Property, Trusts, Intellectual Property, Arbitration, and Construction. He accepts instructions for both advocacy and advisory work, and has appeared in the High Court and the District Court both in his own right and as junior counsel.
Disputes as to ownership of landed properties are commonplace in Hong Kong. The ownership of an estate or interest in land may be acquired by a formal act of conveyance, or by other informal means recognised in law. The rules of equity have developed the doctrines of common intention constructive trust and proprietary estoppel, so as to militate against the harshness of the formal requirements under the common law. In Hong Kong, and in particular in the New Territories, another common way by which title in landed properties may be acquired is by operation of adverse possession.
This seminar aims to provide a general overview on common intention constructive trust, proprietary estoppel, and adverse possession. It will also update the audience on some recent cases, including:-
- Cheung Lai Mui v Cheung Wai Shing, HCA 1652/2014 (unrep., 10 April 2017)
- Ng Ho Chu Judy v Chan Wing Hung, CACV 139/2016 (unrep. , 28 July 2017)
- Re Estate of Chung Hung Chong HCA 54/2014 (unrep. , 19 October 2016)
- Lam Man Lau and Lam Chim Lau, Lam Chun Kwong & Lam Chau Sing as managers of Lam Kong (or Kwong) Wing Tso v Secretary for Justice DCCJ 1682/2012 (unrep. , 25 July 2016)
- Elements of common intention constructive trust, proprietary estoppel, and adverse possession
- Interactions among the three doctrines
- Application in the context of multi-storey buildings in Hong Kong
- Recent case updates
- Procedural issues
- Topical areas and practical tips