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Conveyancing and Property Litigation in Hong Kong, 3rd Edition

Conveyancing and Property Litigation in Hong Kong, 3rd Edition

Author: Andrew Mak
Publisher: LexisNexis Hong Kong
ISBN: 9789888815265
Published In: July 2023
Format: Paperback , 310 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,800.00

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Conveyancing and Property Litigation in Hong Kong – Third Edition includes significant developments since the 2nd edition came out in 2019, and over 50 cases have been discussed. These include the Court of Final Appeal decisions in Cheung Lai Mui v Cheung Wai Shing on the requirements of equity to recognise and give relief based on proprietary estoppel; Kwok Cheuk Kin v Directors of Lands on the constitutionality of the Small House Policy; HKSAR v Chan Kam Ching on the abuse of the Small House Policy using false instruments; Court of First Instance (“CFI”) decisions on adverse possession; as well as other CFI cases including Lee Kok Che v Royal Mortgage Ltd on the different approaches in Hong Kong and Canada in relation to whether long-standing users of a stretch of road in the rural area are entitled to a public right of way.

Property transactions are often complex, and legal problems are frequent. The large, and ever increasing, body of Hong Kong case law is a testament to the number of difficulties encountered even in routine transactions.

Conveyancing and Property Litigation in Hong Kong provides much-needed guidance on and insights into this important and developing area of the law.

Particular emphasis is given to the more current and practical aspects of the land and conveyancing litigation procedure, and the difficulties unique to property law in Hong Kong. A thorough understanding of these issues is essential for effective risk mitigation, thus making this book a must-read not only for legal practitioners, but also for those seeking to avoid potential disputes or litigation in property transactions.

Adverse Possession Litigation in Hong Kong
Requisition on Title in Sale of Property
Chinese Customary Law in Hong Kong
Common Intention Constructive Trusts, Promissory Estoppel, Proprietary Estoppel and Resulting Trusts
Rights over and Obligations towards Neighbouring Land
User Restrictions and Obligations of Incorporated Owners
Contribution of Co-owners to Building Management Expenses
The Interpretation of Restrictive Covenants in Government Leases
Interlocutory Injunctions in Conveyancing Disputes
Property Valuation Litigation
Boundary Disputes
Small Village House Litigation
Water Seepage Litigation
Evidence and Procedure in Conveyancing Disputes

Andrew Mak

Andrew Mak has appeared in all levels of the Courts of the Hong Kong SAR, in addition to international arbitrations in Hong Kong and other arbitration venues mainly in Mainland China. He was also appointed Chinese legal consultant in Shanghai in 2015. His legal opinion has been accepted by the PRC courts. He has frequent speaking engagements in the PRC on commercial litigation and arbitration topics.

Andrew has sat as Chief Arbitrator in the Shenzhen Court of International Arbitration. He is on various panels of arbitrators, including the Hong Kong International Arbitration Centre (HKIAC), Shenzhen Court of International Arbitration (Shenzhen Arbitration Commission) (SAIC), Shanghai International Economic and Trade Arbitration Commission Financial Arbitration Centre, Shanghai (SHIAC), Guangzhou Arbitration Commission, Jinan Arbitration Commission, Tianjin Arbitration Commission, Nanjing Arbitration Commission and the Kuala Lumpur Regional Centre for Arbitration (KLRCA). Sitting as Chief Arbitrator in Shenzhen, Andrew heard one of the first cases in Mainland China commercial arbitration using Hong Kong law.

Aside from giving lectures on Land Law at the University of Hong Kong, Andrew is also a regular speaker in CPD courses in conveyancing and land law, injunctions, international commercial litigation, and arbitration. He has also taught part time at the Peking University, the East China University of Politics and Law (formerly the St John University), and the Shanghai University of Finance and Economics.

Andrew has authored works on commercial injunctions, conveyancing and property litigation, disciplinary and regulatory proceedings, as well as administrative law.