Legal Professional Courses

 

Discussion on Recent Cases and Development on Trust Law (Ref: Turst1014)

 

Speakers:

Dr. William M.F. Wong Wong, Senior Council,

Mr. Johnny Ma,  barrister-at-law

Mr. Harry  Liu, barrister-at-law

Des Voeux Chambers

 

Date: 8 October 2014 (Wednesday)       Fee: HK$1,200                   CPD Points: 3 CPD points to be applied for

Time: 2:00pm to 5:15pm                 Level: Intermediate      Language: English

Venue:  14/F., Fairmont House, 8 Cotton Tree Drive, Central, Hong Kong

 

Speaker:

Dr. William Wong, Senior Counsel, Des Voeux Chambers

William’s practice covers a wide spectrum of contentious commercial litigation. He has a special focus and substantial experience in the areas of company, insolvency and securities law. He has also given legal opinion on various trust and probate matters. He was instructed to advise and work on a number of substantial trusts litigation and related matters. He was recently appointed as the non-executive director of the SFC.

 

Mr. Johnny Ma, barrister-at-law, Des Voeux Chambers

Johnny obtained his LLB from the University of Hong Kong in 1998 with first class honour. After finishing his BCL in the University of Oxford and his pupillage, he joined Chambers in 2001. He has a broad civil and commercial practice, with a developing focus on Chancery matters in recent years.

 

Mr. Harry Liu, barrister-at-law, Des Voeux Chambers

Harry has a broad practice with a strong emphasis on commercial and property litigation, involving matters in the areas of probate, trust, land, family, companies, banking, securities, insolvency, market misconduct, insider dealing and schemes of arrangement. Recently he has also appeared for trustees, beneficiaries and protectors in matrimonial proceedings with an offshore trust element.

Course Outline:  

1.        Discussion on recent cases, such as:-

l Kan Lai Kwan (“W”) v. Poon Lok To Otto (“H”) and HSBC International Trustee Limited, FACV 20/2013, 17 July 2014 (discretionary trust fund as part of the financial resources in a divorce case)

l Libertarian Investments Limited v Thomas Alexej Hall (2013) 16 HKCFAR 681 (breach of fiduciary duty and the relief)

l Williams v. Central Bank of Nigeria [2014] UKSC 10; [2014] 2 WLR 355 (applicability of limitation period to claim against knowing recipient)

l FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45 (UK Supreme Court, 16 July 2014) (secret commission received by agent held on trust for principal; the UK Supreme Court overruled contrary authority in Metropolitan Bank v Heiron (1880) 5 Ex D 319 and Lister & Co v Stubbs [1886-90] All ER Rep 797 and disapproved the decision of the House of Lords in Tyrrell v Bank of London (1862) 10 HL Cas 26)

2.      Recent trust law developments in the matrimonial context

3.      Recent trusts law developments in the probate law context

4.      General Powers of Settlors.

5.      Statutory Reserved Powers Settlors

6.      Trustees' powers and duties under Common Law

7.      Trustees' Statutory Default Powers

8.      Entitlement of Receive Remuneration

9.      Scope of Authorised Investments

10.  Statutory Duty of Care

11.  Statutory control of exemption clauses in relation to trustees acting in business or professional capacities

12.  Checks and balances in relation to the Appointment of Agents, Nominees and Custodians

13.  Beneficiaries' Rights to trust information

14.  Beneficiaries' Rights to appoint and remove Trustees

15.  Provision Against Forced Heirship Rules

Application Form

Course: Discussion on Recent Cases and Development on Trust Law  (Ref: Trust 1014)

 

 

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