Jeff Yau

Call

2020 (Hong Kong)

Professional Qualifications

Accredited Civil & Commercial Mediator, Society of Mediators, UK (2019)
HKSI Practicing Certificates (Securities; Corporate Finance), Hong Kong Securities and Investment Institute (2015)

Languages

English
Cantonese
Mandarin

Areas of Practice

Arbitration
Chinese Customary Law
Commercial & Banking Law
Companies
Compulsory Sales of Land
Construction
Employment
Equity & Trusts
Insolvency
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 spanning the areas of commercial disputes, company and insolvency law, land and property, probate and trusts as well as judicial review.

He is regularly instructed to appear in the High Court (including the Court of Appeal), the District Court, the Lands Tribunal and arbitral proceedings, whilst also frequently undertaking a wide range of drafting and advisory work. He has experience in handling trials, various interlocutory applications, taxation proceedings as well as statutory appeals. He is equally comfortable acting on his own and as part of a larger team in more complex matters.

Jeff graduated from the University of Hong Kong ranking third overall 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 and distinctions in trusts, arbitration, information law and his dissertation on conflict of laws. He also participated in the Willem C. Vis International Commercial Arbitration Moot.

Prior to commencing pupillage, he was research assistant to Mr Henry Litton QC, former Permanent Judge of the Hong Kong Court of Final Appeal, for three years. He also assisted in research projects on trusts and mental health laws under the auspices of the Faculty of Law, University of Hong Kong.

Jeff’s pupil masters were Mr Robert Pang SC, Mr Valentine Yim, Mr Andrew Mak, Ms Queenie Ng, Mr Vincent Chen and Mr Ken To.

Born and educated in Hong Kong, Jeff is adept at using of the Chinese language (both traditional and simplified) in drafting legal documents and in Court proceedings.

  • LLM, King’s College London (2019)
  • PCLL, The University of Hong Kong (2018)
  • LLB, The University of Hong Kong (2017)
  • BBA (Law), The University of Hong Kong (2015)
  • The Dickson Poon School of Law Prize (2019)
  • MW Lo Memorial Scholarship (2017)
  • Dean’s Honours List (2015, 2016, 2017)
  • CH Chan Scholarship (2012)
  • Contributor, Lexis Advance® Hong Kong Practical Guidance on “Intestacy” and “Will Drafting” by LexisNexis

Company & Commercial Disputes

  • Defending a claim of over HK$250 million involving a dispute arising from an acquisition of the interest in a hotel-cum-casino in Macao (led by Robert Whitehead SC and with Vincent Chen)
  • Acting for plaintiffs in enforcing 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 company (led by Jin Pao SC and with Vincent Chen)
  • Defending a claim to set aside a gift of a substantial interest in a hotel in Shenzhen of a value of over RMB¥300 million on the ground of forgery and breach of fiduciary duties (with Andrew Mak)
  • Acting for a company in resisting a winding-up petition involving a claim of over USD$30 million
  • Acting for a shareholder in reviewing the taxation of a liquidator’s bill
  • Advising a creditor on the validity and effect of a clause in a guarantee which limits the operation of the Limitation Ordinance (Cap. 347) in a claim of over US$15 million (led by Marc Corlett QC)
  • Advising a minority shareholder of a BVI company to enforce a right of pre-emption under a shareholders’ agreement governed by Hong Kong law
  • Advised a financial services company on the applicability of various exemptions under the Securities and Futures Ordinance (Cap. 571) to deal in and advise on securities
  • Advised a cell-based food company on a dispute with an angel investor arising out of a SAFE (simple agreement for future equity) agreement

Civil Disputes

Arbitration

  • 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 recovering damages for over RMB¥170 million arising from a breach of an investment agreement (led by Robert Whitehead SC)

Will, Trust & Probate

  • Acting for the majority shareholder of an Australian listed company in resisting a proprietary claim by a foreign administrator in respect of shares with a value of around HK$1 billion (led by Marc Corlett QC)
  • Ng Im Fong Loretta, the Executrix of the Estate of Lui Kwan Cheung, Deceased v Charm Investments Ltd & Anor [2021] HKCFI 1787, reported at [2021] 3 HKLRD 327, appeared for the plaintiff in successfully resisting an application by the defendants for a stay of various asset-recovery actions pending determination a parallel probate action (led by Robert Pang SC)
  • Cheung Siu Ling & Ors v Tse Yuk Lin & Anor [2021] HKDC 1290, appeared for the plaintiffs in successfully applying for, inter alia, a representation order on the ground that an action to assert a right of way is connected with the proper administration of a deceased’s estate (with Valentine Yim)
  • Advised a beneficiary on the enforceability of a deed of family arrangement

Property & Conveyancing

  • Wong Anita Shu Ting v Yuen Yiu Chung [2022] HKCFI 209, appeared for the respondent in a vendor and purchaser summons on whether a joint tenancy has been severed by an order of the Family Court without a deed of release (with Valentine Yim)
  • Lee Tin Yeung v Persons Unlawfully Occupying Or Remaining On Part Or Parts Of Lot No.904, D.D. No.96… [2021] HKCFI 2892, appeared for the plaintiff in successfully applying for an injunction for trespass and interference with easement of drainage as an adverse possessor
  • Acted for an owner in a compulsory sale proceedings involving a redevelopment project in Kowloon Tong
  • Advised a property developer on the existence of a right of way over a common staircase shared by two tenement buildings in a redevelopment project (with Valentine Yim)
  • Advising and/or acting for (i) vendors and purchasers on multiple conveyancing disputes, (ii) claimants and defendants in claims involving adverse possession and various rights of easement claims in the New Territories, (iii) compliance of conditions of guesthouse licences, etc. and (iv) points of Chinese customary law, in particular the administration of tso/ tong affairs

Civil Procedure