Jeff Yau

Call

2020 (Hong Kong)

Languages

English
Cantonese
Mandarin

Areas of Practice

Arbitration
Chinese Customary Law
Commercial & Banking Law
Companies
Compulsory Sales of Land
Construction
Employment
Equity & Trusts
Insolvency
Intellectual Property
Land Resumption & Land Compensation
Mental Health
Probate & Succession
Property & Land
Public Law & Judicial Review
Unjust Enrichment

Contact

Secretary: Ms. Karen Leung
[email protected]

Jeff has a broad civil practice with a primary focus on commercial disputes, company and insolvency law, land and property as well as probate, trusts and mental health matters. He also has growing experience in employment and administrative law.

He is also actively developing a practice in international commercial arbitration and is a member of the Chartered Institute of Arbitrators and an HKIAC Accredited Tribunal Secretary.

Jeff is frequently instructed to appear as an advocate in the High Court (including the Court of Appeal), the District Court, the Lands Tribunal, statutory boards and arbitral proceedings. He has significant experience throughout the civil litigation process, including interlocutory applications, trials, appeals and taxation proceedings.

He also frequently acts for listed companies and high-net-worth individuals on his own and as part of a larger team in complex and high-value disputes with cross-border dimensions. He has also acted for and advised public bodies.

Outside of his practice, he is a Professional Consultant at the Faculty of Law of the Chinese University of Hong Kong and teaches conveyancing and probate practice on its Postgraduate Certificate in Laws course.

Jeff studied at the University of Hong Kong, where he graduated third in his cohort in law and was placed on the Dean’s Honours List for three consecutive years. He went on to read for a Master of Laws degree at King’s College London and graduated top of his class with the Dickson Poon School of Law Prize.

  • LLM, King’s College London
  • PCLL, The University of Hong Kong
  • LLB, The University of Hong Kong
  • BBA (Law), The University of Hong Kong
  • St Joseph’s College, Hong Kong
  • Member, Chartered Institute of Arbitrators (MCIArb) (2022)
  • Insolvency Preparatory I & II (as part of the Professional Diploma in Insolvency programme), The Hong Kong Institute of Certified Public Accountants (2018, 2022)
  • Accredited Civil & Commercial Mediator, Society of Mediators, UK (2019)
  • HKSI Practicing Certificates (Securities; Corporate Finance), Hong Kong Securities and Investment Institute (2015)
  • The Dickson Poon School of Law Prize (2019)
  • Second Honourable Mention for Best Mooter, the 16th Red Cross International Humanitarian Law Moot (Asia-Pacific Region) (2018)
  • MW Lo Memorial Scholarship (2017)
  • Dean’s Honours List (2015, 2016, 2017)
  • CH Chan Scholarship (2012)
  • Professional Consultant, Faculty of Law of the Chinese University of Hong Kong
  • Contributor, Lexis Advance® Hong Kong Practical Guidance on “Intestacy” and “Will Drafting” by LexisNexis

Commercial & General Civil

High Court

  • Target Insurance Company Limited v Ng Yu & Ors:
    • [2023] HKCFI 7; [2023] HKCFI 565 — discharge of an ex parte Mareva injunction for US$150 million fraud claim involving the largest motor insurer in Hong Kong (led by Robert Whitehead SC)
    • [2022] HKCFI 1362 — interim stay and variation of a disclosure order (led by Robert Pang SC)
  • Realord Group Holdings Limited & Anor v Win Dynamic Limited & Anor (HCA 716/2021) — enforcement of a deed of gift under which an offeree undertook to advance the whole consideration of over HK$250 million under a voluntary general offer to the subject company (led by Jin Pao SC and with Vincent Chen)
  • Li Ngan Kwan v Gao Li Hui & Anor (HCA 276/2007) — setting aside of a gift of a controlling interest in a hotel in Shenzhen of a value of over RMB¥300 million involving forgery and breach of fiduciary duties (with Andrew Mak)
  • Agostino Gallucci v Marco Toscano & Ors (HCA 199/2017) — enforcement of right of pre-emption under a shareholders’ agreement governed by Hong Kong law by a minority shareholder of a BVI company, which was triggered by a sale and purchase agreement governed by Italian law (sole advocate)

District Court

  • Advising on and/or acting for parties in relation to (i) joint venture, partnership and shareholders disputes and (ii) investment agreement disputes

Bankruptcy & Insolvency

  • Dadra Inc. v Chan [2023] HKCA 707; [2024] HKCA 773— appeal against an imprisonment order made under Ord.49B of the Rules of the High Court on the ground that the Court lacks jurisdiction to proceed with an examination and impose such an order against a bankrupt and interim stay application (sole advocate)
  • Re China Zenith Chemical Group Ltd [2024] HKCFI 2097: application for substitution as supporting creditor, application for discharge of undertaking by the company, with the court finding no bona fide dispute as to the debt and ordering the company to pay the same failing which the company will be wound up (with Vincent Chen)
  • Acropolis Ltd v W&Q Investment Ltd & Ors [2024] HKCFI 482 reported at [2024] 3 HKC 249 (application for trial of preliminary issues); [2024] HKCFI 1065, reported at [2024] 2 HKLRD 912 (trial of preliminary issues); [2024] HKCFI 1645 (costs) — review of taxation of former provisional liquidators’ bill and trial of preliminary issues (sole advocate)
  • WMFS v HSLA [2023] HKCFI 1088 — setting-aside of a statutory demand on the ground that no security has been created over the underlying debt and failure to state the same in the statutory demand does not render it invalid (sole advocate)
  • Re Ashit Sud (Debtor) [2022] HKCFI 1269, reported at [2022] 2 HKLRD 898; [2022] 4 HKC 575 — winding-up and bankruptcy petitions for a US$30 million debt on the ground that the creditor rejected a reasonable offer to compromise and secure (sole advocate)
  • Advising on and/or acting for creditors and debtors in relation to various winding-up and bankruptcy proceedings, including but not limited to unfair prejudice petitions, setting-aside of statutory demands, review of remuneration of provisional liquidators, etc.

Will, Trusts, Probate, Mental Health & Family

High Court

  • Re KCC — acting for an interim receiver and later committee of an alleged MIP in the mental health proceedings and the related proceedings for recovery of misappropriated assets in the sum of HK$30 million, disclosure against the alleged MIP’s former solicitors and contempt proceedings (led by Sara Tong SC)
  • Re YLC — acting for a committee appointed under the Mental Health Ordinance (Cap. 136) on whether an action/ application brought by a committee before the sanction of the mental health court has been obtained is valid (sole advocate)

District Court

  • CVL v WMLS [2024] HKFC 85: appeal against Master’s decision in respect of an application for a stay of filing of Form E pending the determination of main suit (sole advocate)

Employment

  • Lam Sin-yi Sindy v Leung King-wai William t/a William KW Leung & Co:
    • [2021] HKCA 720 — resisting an application for leave to appeal on the ground that the Court of First Instance has the jurisdiction to draw factual inferences on appeal from statutory tribunals (sole advocate)
    • [2020] HKCFI 2525, reported at [2020] 5 HKLRD 170 — appeal against a decision of the Minor Employment Claims Adjudication Board dismissing a claim for unpaid wages on the ground that there were special circumstances when the appellant tendered her resignation (sole advocate)
  • Yang Zhizhong v Nomura International (Hong Kong) Limited (HCA 622/2018) — acting for a former Head of China of an investment bank in respect of an employment claim against his former employer for loss of, inter alia, bonus awards (led by Robert Whitehead SC)
  • Advising a statutory body on various employment issues (led by Sara Tong SC)

Property & Conveyancing

High Court

District Court

Civil Procedure

High Court

District Court

Arbitration

  • HKIAC Rules, resisting a claim for the specific performance of an investment agreement and advancing counterclaims with a view to unwinding a merger of various corporate entities (sole advocate)
  • HKIAC Rules, acted for a PRC beverage company in defending a claim of over US$450 million, which involved various interim proceedings such as applications for injunctive relief, joinder, jurisdictional challenge, etc. (with Vincent Chen)
  • Advised a PRC media company on the recoverability of damages for over RMB¥170 million arising from a breach of investment agreement (led by Robert Whitehead SC)

Judicial Review and Administrative Law

  • Vivid Limited v Hotel and Guesthouse Accommodation Authority (Appeal Case Nos. (1) 53-1/2022 & (2) 54-2/2022) — appeal before the Appeal Board (Hotel and Guesthouse Accommodation) regarding refusal to renew a license and construction of the word “hotel” under section 12 J of the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) (sole advocate)
  • Re 3rd Floor, No. 53 Ma Tau Chung Road, Kowloon (Appeal Case No. 2023-001) — appeal before the Home Purchase Allowance Appeals Committee against the Lands Department’s refusal to grant full allowance to two former registered owners regarding owner-occupier status (sole advocate)
  • Nam Lun International Trading Co Ltd v Director of Marine (AAB No. 18/2023) — appeal before the Administrative Appeal Board against the Director of Marine’s decision not to grant various permits at a public cargo working area (sole advocate)