| (Webinar via Zoom) Illegality, Unjust Enrichment, and Underground Banks" (地下錢莊): The CFA's Judgment in Wong Chi Hung v. Lo Wing Pun & Mai Jieping Trading as Fai Tat RMB Exchange [2026] HKCFA 14 |
| Date: |
18 August 2026 (Tuesday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points will be applied for) |
| Ref: |
L26OT17 |
| Venue: |
Webinar Course
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Presenter's Biography:
Steven Gallagher graduated with a first-class LL.B. and was called to the Bar of England and Wales in 2006. He teaches courses in equity and trusts, property law, digital technology and law, as well as art, antiquities, cultural heritage, and the law. In Hong Kong, Steven has delivered over 500 continuing professional development programs for solicitors on a wide range of property law topics.
His research interests span equity and the law of trusts, Chinese custom and law, cultural heritage law, and digital technology and law. His academic work includes 10 individually authored book titles, including Protecting Built Heritage in Hong Kong, The Law of Unjust Enrichment in Hong Kong, Equity and Trusts in Hong Kong: Doctrines, Remedies and Institutions, and Digital Technology and Law- the latter being the first comprehensive treatise to systematically address all major aspects of this emerging field.
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Objective:
This three hour CPD course explores the development of the doctrine of illegality in Hong Kong law and its interaction with unjust enrichment, with a particular focus on underground banking (地下錢莊) and related transactions. Underground banks- informal lending and currency exchange practices operating outside the regulated financial system- have long presented challenges for courts seeking to balance public policy concerns with equitable remedies. These challenges are especially pronounced when the transactions occur in Mainland China but are litigated in Hong Kong.
The course begins with a historical overview of the doctrine of illegality, tracing its common law origins and examining its evolution through leading Hong Kong and English cases. Participants will consider how courts have traditionally barred recovery in contracts tainted by illegality, while also reviewing modern approaches that emphasize proportionality and fairness.
The discussion then turns to unjust enrichment as a remedial framework. Solicitors will analyze how restitutionary claims have been advanced in underground banking disputes, where parties often seek recovery despite the presence of illegality. Case studies will highlight the tension between deterring unlawful conduct and preventing unjust windfalls.
The centerpiece of the program is the Court of Final Appeal's landmark judgment in Wong Chi Hung v. Lo Wing Pun & Mai Jieping Trading as Fai Tat RMB Exchange [2026] HKCFA 14. This decision examines the limits of illegality in restitutionary claims and clarifies when unjust enrichment may be available despite unlawful transactions. Importantly, the CFA confirmed that the applicable test for illegality is the "range of factors" approach established by the UK Supreme Court in Patel v. Mirza [2016] UKSC 42.
The seminar concludes by considering the CFA's guidance on proportionality, the role of public policy, and the protection of vulnerable parties in underground banking arrangements.
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Outline:
- Understanding Underground Banks (地下錢莊): What they are, how they operate, and why they present legal and regulatory challenges.
- The Development of the Doctrine of Illegality in Hong Kong: Tracing its evolution from common law foundations to modern applications.
- Limits on the Range of Factors Test: Analysis of Arrow ECS Norway AS v M Yang Trading Ltd [2018] HKCFI 975 and its restriction of the test in Hong Kong.
- Application of the Range of Factors Test: Examination of Monat v All person(s) in occupation of part of the remaining portion of Lot No 591 in Mui Wo DD 4 No 16 Ma Po Tsuen, Mui Wo [2023] HKCA 479.
- The Development of the Unjust Enrichment Doctrine: How restitutionary principles have evolved in Hong Kong law.
- Key Factors for Successful Unjust Enrichment Claims: Identifying the circumstances under which claims are most likely to succeed in Hong Kong.
- Practical Implications of the CFA's Ruling: Assessing how Wong Chi Hung v Lo Wing Pun & Mai Jieping Trading as Fai Tat RMB Exchange [2026] HKCFA 14 affects legal advice for clients involved in informal financial transactions.
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| Category: |
Others |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2026; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2026.
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Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
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