Professional Qualification

• Call (Hong Kong): 2007
• Arbitrator, Zhuhai Arbitration Commission, People’s Republic of China – 2020

Appointments and Public Office

• Member, Committee on Land, Trust and Probate, Hong Kong Bar Association (2019-2020)
• Adjudicator, Immigration Tribunal (Oct 2019 – Sep 2021)
• Chairman, Appeal Tribunal (Buildings) (Dec 2018 – Nov 2021)
• Member, Private Columbaria Appeal Board (Sep 2017 – Sep 2023)
• Member, Appeal Panel (Estate Agents Ordinance) (Jan 2017 – Dec 2022)
• Adjudicator, Registration of Persons Tribunal (Dec 2014 – Nov 2020)

Education

• LLM (Commercial & Corporate Law) (University of London (External))(2008)
• PCLL (University of Hong Kong)(2006)
• LLB (University of Hong Kong)(2005)

Language

• English
• Cantonese
• Mandarin

Practice

Aidan has a general civil practice, with emphasis on land law, Chinese law and custom and law of probate and administration. 

Called to the Hong Kong Bar in 2007, Aidan has appeared in the Court of Final Appeal and the Court of Appeal in his own right and as junior for claims involving adverse possession and encroachment, principles of non-derogation from grant, proprietary estoppel, conveyancing, tsos and tongs, Beddoe Orders, law of succession, arbitration and insolvency and bankruptcy law.

Aidan has also undertaken court work and provided legal opinion on ding houses matters, companies' winding up, religious charitable trusts, intellectual property rights, town planning, building management, building and construction, professional negligence and family matters.

Selected Cases

Land

• Rank Profit Industries Limited v Secretary for Justice [2009] 1 HKLRD 194 (CA); FAMV 8/2009, unreported, 25th June 2009 (CFA)
  Represented a property developer to sue the Director of Lands as agent of HKSAR Government qua landlord for derogation of grant in respect of a piece of commercial land in Kowloon Bay Industrial Area; also participated in the parallel proceedings of Rank Profit Industries Limited v Director of Lands [2009] 1 HKLRD 177 (CA); FAMV 7/2009, unreported, 25th June 2009 (CFA) in which the same property developer sought judicial review of a decision of the Director of Lands in respect of premium for lease modifications
• Hong Kong Kam Lan Koon Ltd v Realray Investments Ltd (2010) 13 HKCFAR 215
  Adverse possession by a Taoist association against a property developer
• Lee Bing Cheung v Secretary for Justice [2013] 3 HKC 511 (CFI); [2014] 6 HKC 351 (CA)
  Represented a squatter to claim against the Director of Lands as agent of HKSAR Government qua landlord in respect of a piece of unleased Government land adjoining his land held under Government Grant in Ah Kung Ngam, Hong Kong Island on the grounds of adverse possession, encroachment and proprietary estoppel; squatter obtained a declaration by virtue of encroachment that he was/is entitled to possession of the unleased Government Land as from 28th February 2009 until the determination of the Government Grant (a 999-year lease) of his own land
• Chau Ka Chik Tso & Others v Secretary for Justice HCA 10670/2000, unreported, 30th December 2009
  Represented the squatters to sue the Director of Lands as agent of HKSAR Government qua landlord in respect of a huge piece of Government land adjoining their own lands held under Government Grants in Yuen Long, New Territories on the grounds of adverse possession, encroachment and proprietary estoppel; case proceeded to the Court of Final Appeal and became the precedent authority on the law of encroachment in Hong Kong
• Tang Tak Sum & Another v Tang Kai Fong [2013] 4 HKLRD 16 (CFI); [2015] 1 HKLRD 286 (CA); [2020] 2 HKLRD 338
  law of accounting between co-owners of land; adverse possession against co-owner by ouster
• Best Star Holdings Ltd v Lam Chun Hing & Others, HCA 409/2008, unreported, 22nd February 2012
  Represented the Plaintiff to obtain proprietary relief in respect of some land lots in the New Territories and the ding houses built thereon by proprietary estoppel by representation and proprietary estoppel by standing by

Chinese Law and Custom, Probate and Administration and Trust

• Leung Lai Fong v Ho Sin Ying (2009) 12 HKCFAR 581
  Represented the stepmother (status acquired under Chinese law and custom) of a deceased medical doctor to contest with the natural mother in respect of the right of succession to the intestate estate of the deceased; Court of Final Appeal made the authoritative ruling that ‘mother’ in section 4(7) of the Intestates’ Estates Ordinance (Cap.73) can only mean the natural, biological mother
• Re Man Sham Chung Wui HCMP 2417/2007, unreported, 21st January 2010; [2011] 1 HKLRD 427 (CA)
  Represented the majority members of a business Wui to obtain directions for sale of the Wui’s lands
• Lam Yui Ming v Lam Yui Pun & Others [2020] HKCFI 2011
  Represented the manager of a tso to seek court directions regarding the administration and management of the tso; established the tso's custom regarding the mode of distribution of surplus rental income; the tso's custom on the mode of distribution of proceeds of sale of land and the issue of proper and correct mode of distribution of a tso's proceeds of sale of land under Chinese law and custom visited

Arbitration

• S Co v B Co [2014] 6 HKC 421
  International arbitration; represented a Hong Kong consultancy company to obtain arbitral awards for consultancy fee against a Mainland construction company in respect of the building and construction of 2 electrical power plants in the Federal Republic of Nigeria; successfully resisted the construction company’s application for setting aside the arbitral awards
• Kim Hung Construction & Engineering Co Ltd v Standard Refrigeration & Engineering Co Ltd HCCT 37/2012, unreported, 21st June 2013; CACV 90/2015, unreported, 7th January 2016
  Domestic arbitration; represented a main contractor to obtain an arbitral award for damages against a sub-contractor in respect of construction works for the improvement of infection control provisions for autopsy facilities in public hospitals; successfully appealed and set aside the sub-contractor’s arbitral award for damages in respect of delay for giving possession of the hospitals

Insolvency & Bankruptcy

• China Merchants Bank Co Ltd & Another v Cheng Chao Ming [2010] 3 HKLRD 485 (CA)
  Represented the bankrupt to resist the bank’s application for his relevant period of bankruptcy to cease to run for a second time during the currency of the same bankruptcy order; Court of Appeal held that the Court has no jurisdiction under section 30A(3) of the Bankruptcy Ordinance (Cap.6) to order the relevant period of bankruptcy to cease to run for more than one time
• Re Richfame Dynasty Limited [2018] HKCFI 1532
  Represented the shareholders to obtain an order for permanent stay of winding up of the company
• Re ACE International (BVI) Limited [2020] 2 HKLRD 508
  Striking out of a petition for winding up on the just and equitable ground against a foreign incorporated company on the ground that the petitioner has acted unreasonably in seeking to have the company wound up instead of pursuing remedies in an unfair prejudice claim in the place of incorporation of the company pursuant to section 180(1A) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap.32)

Other Cases

• Blandina Quintinita Parsons v Catriona Jane Derry Parsons and Others FCMP 14/2014; HCMP 975/2017, unreported, 6th July 2017 (CA)
  Jurisdictional requirements of domicile and ordinary residence in the Inheritance (Provision for Family and Dependants) Ordinance (Cap.481))
• Wong Hung Kar Kee Mimi v Severn Villa Ltd [2014] 1 HKLRD 1088
  Civil procedure; application of functus officio principle and slip rule to court orders including consent judgments; variation of costs order nisi; certificate for counsel in orders for costs on indemnity basis
• Cheung Sun Lam v Lai Kam Man [2008] 5 HKC 1 (CA)
  Civil procedure; principles of taxation in respect of certificate for counsel and counsel’s fees; practices of pupillage, pupil master’s duty, complimentary brief and impact on taxation of counsel’s fees