Equity and Trusts Law in Hong Kong, 6th Edition

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Equity and Trusts Law in Hong Kong, 6th Edition

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The sixth edition of Equity and Trusts in Hong Kong offers a comprehensive update on the latest legal developments from late 2021 to January 2024. This edition delves into pivotal cases and evolving doctrines, providing an essential resource for both practitioners and scholars. In addition, this book also includes references to major English and Australian decisions in order to provide the reader with a better understanding of underlying issues or controversies.

Proficiency in equity is essential for Hong Kong lawyers, particularly in commercial law and estate planning, where a mastery of trust principles is indispensable. This new edition uniquely references Hong Kong court decisions, addressing frequent disputes in trustee-beneficiary relationships and offering valuable jurisprudence for practitioners. Presented in a user-friendly format and language, it features clear principles illustrated by recent judicial decisions, especially from Hong Kong, with concise case law analysis. This sixth edition not only aids practitioners but also stands as a significant contribution to the coherent development of equitable principles and the administration of justice in common law jurisdictions.

Some key highlights include:

Chapter 3: Equitable Interests and Priorities - Winland Finance v Gain Hero Finance [2022] HKCFA 3, (2022) 25 HKCFAR 17 - Deposition of title deed by a borrower to a lender to secure the proceeds of the property sale created no equitable interest in land.
Chapter 4: Assignments - Liang Ying v Wong Sze Man [2023] 4 HKLRD 749 - Illustrates that gifts of chattels must be made by actual delivery.
Chapter 5: Estoppel - Tsang Shu Wo v Person Unknown in Occupation of Lot No 2643RP in DD 120, Yuen Long [2023] 4 HKC 226 (CA) - New section on ‘Tenancy by Estoppel’.
Chapter 8: Breach of Confidence - Yip Wai Tak Vivian v Lee Ka Wo Esmond [2023] 2 HKLRD 12 - Defined what qualifies as confidential information.
Chapter 14: Express Trust - Trust Arbitration: New section added to discuss developing area and proposals in jurisdictions like Jersey and Cayman Islands.
Chapter 15: The Variation and Termination of Trusts - Statutory Variation - Man Tai Sang v Man Luk Sing [2023] HKCFI 1423, [2023] 5 HKC 323, [2023] 3 HKLRD 869
Chapter 18: Constructive Trust -Common Intention Constructive Trust - New focus on 'shared intention' approach in Chinese settings. Ho Kwok Wing v Chan Mei Mui [2020] 3 HKLRD 548
Chapter 25: Declaration- Principles and Authority Memoran Co Ltd v Mei Hing Mansion (IO) [2023] HKCA 841

1 Nature, History and Maxims of Equity
2 Jurisdiction and Power
3 Equitable Interests and Priorities
4 Assignments
5 Estoppel
6 Fiduciary Obligations
7 Unconscionable Transactions
8 Penalties and Forfeiture
9 Breach of Confidence
10 Subrogation
11 Contribution
12 Minor Doctrines
13 The Nature of Trusts
14 Express Trusts
15 The Variation and Termination of Trusts
16 Charitable Trusts
17 Resulting Trusts
18 Constructive Trusts
19 The Trustee
20 Rights of the Beneficiary
21 Specific Trustees
22 Equitable Defences
23 Specific Performance
24 Injunctions
25 Declarations
26 Damages in Equity
27 Minor Remedies

Lawrence Ma

B Comm, LLB, LLM, MCIArb, AHKIArb, TEP Lawrence holds three degrees from the University of Queensland, Australia - a Bachelor of Commerce, a Bachelor of Laws and a Master of Laws by thesis. He was a pupil to Mr James Douglas QC (now the Hon Justice Douglas of the Supreme Court of Queensland) and was admitted to practice at the Queensland Bar in 1996. In 1999, Mr Ma extended his professional practice to the New South Wales Bar and had then been the only Chinese-speaking barrister to practise at the Australian Bar. He joined the Hong Kong Bar in 2008 and has been practicing as a Barrister at Law in Hong Kong since. Lawrence has taught in the Law Faculty of two Australian Universities and is also an Adjunct Professor of the Nankai University in Tianjin, China. Lawrence is a Member of the Society of Trusts and Estate Practitioners, along with a number of other prestigious appointments. Such include: Council Member of the China Law Society Council Member of the Chinese Judicial Studies Association, an affiliated organisation of the Supreme People’s Court