Call:
1988 (HK)
1988 (Eng & Wales)
1989 (Australia)
1995 (Singapore)
 
 
Arbitrator
CEDR Accredited Mediator
Tel No:(852) 2524 2156 (g)
 (852) 2826 2224 (d)
Fax:(852) 2810 5656
E-mail:andrew_mak@siroswald.com
Andrew Y. S. Mak麥業成大律師

Academic Qualification
BSc (University of Hong Kong)
LLB (University of London)
MBA (Chinese University of Hong Kong)
LLM (London School of Economics)
 
Professional Qualification
Admitted as barrister or attorney to Lincoln’s Inn, Hong Kong, High Court of Australia & Singapore
CEDR Accredited Mediator
Associate, Chartered Institute of Arbitrators
Chartered Secretary
Appointed Legal Consultant in Shanghai

Practice 
Andrew has a broad practice in commercial and property work.He has appeared frequently in trials in the High Court and also has an appellate practice in both the Court of Appeal and the Court of Final Appeal. Before 1997 he was led to appear in the Privy Council.    
 
He is active in international commercial arbitration and mediation both in Hong Kong and in Mainland PRC.   
 
He has sat as Chief Arbitrator in the Shenzhen Court of International Arbitration. He is a member of panels of arbitrators, including the Hong Kong International Arbitration Centre(HKIAC), Shenzhen (SAIC), Panel of Arbitrators of SCIA Financial Arbitration Centre, Shanghai (SHIAC), Jinan Arbitration Commission, Tianjin Arbitration Commission, Nanjing Arbitration Commission and Malaysia (KLRCA).    
 
He is experienced in handling PRC clients. He was appointed Chinese legal consultant in Shanghai since 2015. His legal opinion has been accepted by the PRC courts. He has frequent speaking engagements in the PRC on international commercial litigation and arbitration topics. He teaches part time at the Peking University, the East China University of Politics and Law (formerly the St John University), and Shanghai University of Finance and Economics. He is chairman of the Standing Committee for Greater China Affairs of the Hong Kong Bar Association for over 12 years.
 
He has written on a number of professional works including injunctions, disciplinary & regulatory proceedings, and also administrative law.  
 
Selected Cases
Land / Trust Law
Land Option
> Siu Kai Ming v Lau Sai Hing(2015) 18 HKCFAR 38 (distinction between land option and pre-emptive rights)

Trust / Common Intention Constructive Trust
> Chan Sung Lai v Chan Sun Lim Pau & anr [2015] 4 HKLRD 268 (Common intention constructive trust : severance of joint tenancy)
> Lai Chung Ming v Fung Kar Luen Candy HCA 197/2008 (Common Intention Constructive Trust : marriage failed to take place, gift)
> Karex (Hong Kong) Ltd v Fortune Talent Development Ltd [1993] 3 HKLRD 397 (Constructive trust on back to back sale and purchase of property)
 
Right of Way
> Chatham Industries Ltd v Incorporated Owners of Gold King Industrial Building [2011] 3 HKLRD 140 (Right of way : Right to stop and right to park)
 
Land Registration
> Fa irwing Investment Ltd v Wan Sai Chung HCA 2460/2014 (Whether pending registration may be vacated)
> Choi Sung Po v Lai Woon Lan [2012] 4 HKC 503 (land registration)
> Keep Point Development Ltd v Chan Chi Yim & Ngai Yuet Fong [2002] 2 HKLRD 145 (Land registration : unregistered interests of owners when building demolished)
 
Adverse Possession
> Wong Chong Kwai Yin v Tsang Hau Ling HCA 939/2015 (Adverse possession)
> Lau Wing Hong v Wong Wor Hung [2006] 4 HKLRD 671 (Adverse possession)
> Chan Tin Shi v Li Tin Sung [2006] 1 HKLRD 185; (2006) 9 HKCFAR 29 (Adverse possession : whether Fairweather principles apply)
 
Title / Common Part / Illegal Structure
> Polyset Ltd v Panhandat Ltd [2002] 3 HKLRD 319; (2002) 5 HKCFAR 234 (Title, whether forfeiture of deposits is penalty)
> Tai Fat Development (Holding) Co Ltd v Incorporated Owners of Gold King Industrial Building [2007] 4 HKLRD 440 (Whether Car parks are common part)
> Tam Sze Man & another v Incorporated Owners of Shan Tsui Court [2011] 5 HKLRD 434 (Whether two units turned into one is breach of DMC, whether wall between units are Common parts)
> Empire Trend Enterprises Ltd v Double Mind Co Ltd HCMP 2425/1998 (Title, illegal structure)
> Tai Fat Development (Holding) Co Ltd v Incorporated Owners of Gold King Industrial Building CACV 22/2014 (Whether car parks are common part)
> Bridam Ltd v Sa Sa Comestic Co Ltd HCA 1050/2013 (Injunction, Construction of DMC)
 
Building Management
> Smart Essence Development Ltd v Hong Kong Housing Authority HCA 450/2016 (Interpretation of Deed of Mutual Covenant)
> Tam Lai King v Incorporated Owners of Malahon Apartments [2010] 5 HKLRD 63 (building management)
Incorporated Owners of One Beacon Hill v Match Power Investment Ltd [2011] 5 HKLRD 107 (BMO)
> Incorporated Owners of One Beacon Hill v Match Power Investment Ltd [2012] 5 HKLRD 375 (Building Management : Locus standi of incorporated owners on matters of interest common to all owners)
> Incorporated Owners of Tung Lo Court v Tsui Wai Yip [2015] 4 HKLRD 397 (Building Management : locus standi of incorporated owners in defamatory action)
> Incorporated Owners of Po Lok Building v Leung Koon (Building management : sub-DMC)
 
Company & Commercial
> On Sky Enterprise (HK) Ltd v Lanco International Holdings Ltd [2017] 1 HKLRD 941 (penalty interests)
> China Capital Strategy Ltd (CR No. 905069) v Registrar of Companies HCMP 3275/2013 (company registration)
> A v B [2015] 3 HKLRD 586 (setting aside arbitral award on public policy ground)
> Yukio Takahashi v Cheng Zhen Shu (2011) 14 HKCFAR 558 (restitution remedies on back to back transaction in purchase of PRC land)
> Dah Sing Bank, Ltd v Sing Hai Handbags Manufactory Ltd CACV 157/2007 (banking law : setting aside mortgage on ground of undue influence)
> Advertasia Street Furniture Ltd v China Outdoor Media Investment (Hong Kong) Co Ltd (2006) 9 HKCFAR 863 (dispute on investment in PRC advertising licence through share purchase : value at HK$100 m in 2006)
> Hong Kong Chinese Bank Ltd v Onlink Investments [2003] 3 HKLRD 491 (setting aside bank mortgage on ground of undue influence and misrepresentation)
> Re Mitsa (HK) Ltd HCCW 67/2012 (minority shareholder dispute)
> Re Comtowell Ltd [1998] 2 HKLRD 463 (creditors winding up)
> Golden City Electronic Industries and Another v RCR Electronics Manufacturing Ltd [1996] 2 HKLRD 257 (creditors winding up)
 
Compensation / Valuation
> Silver Mountain Investments Ltd v Attorney General of Hong Kong [1994] 1 WLR 925 (Judicial review of power of compulsory acquisition by the Land development corporation (now Urban Renewal Authority)
> Siu Sau Kuen v The Director of Lands [2012] 2 HKC 76 (legal principles of valuation concerning development potential)
 
Judicial Review & Disciplinary
> Man Hing Medical Supplies (International) Ltd v Director of Health [2015] 3 HKLRD 224 (Judicial review on Health Authority’s power to recall, Statutory interpretation)
> Man Hing Medical Supplies (International) Ltd v Director of Health HCAL 62/2014, 7 January 2015 (Judicial review : grant of interim relief when no threats on health hazard)
> Ho Ho Chuen v Commissioner of Police HCMP 2276/2009 (Police disciplinary proceedings)
> Wong Kei Kwong v Principal Assistant Secretary for the Civil Service [2009] 2 HKLRD 476 (Disciplinary proceedings when acquittal of criminal charges)
 
Employment
> Ko Hon Yue v Liu Ching Leung CACV 294/2008 (Employment : teacher, implied term and quantum)
 
Defamation
> Incorporated Owners of Tung Lo Court v Tsui Wai Yip [2015] 4 HKLRD 397 (Building management, locus standi of Incorporated Owners in defamatory claim)
> Yuen Chi Man Daniel v Cheng Pui Man HCA 1410/2014 (Allegation of sexual harassment)
 
PRC cases
> 田曉玲與何沛亨(2013深中法涉外初字第 26 號 (Breach of Agreement to listing at the Hong Kong Gem Board)
 
Public Service
Andrew has been active in devoting his time in public service, in particular in appeal board matters. He was awarded Justice of Peace (2013) and BBS (2015).
 
The following sets out his involvement in public service.
 
(Current)
Chairman, Fishermen Claims Appeal Board (since 2012)
Chairman, Licensing Appeal Board (since 2011)
Chairman, Disciplinary Appeals Committee, Confederation of Insurance Brokers (since 2013)
Chairman, Standing Committee of Greater China Affairs, Hong Kong Bar Association
Member, Council, Hong Kong Bar Association (since 2007)
Director, Coalition of Professional Services (since 2004)
Member, Air Transport Licensing Authority (since 2014)
Member, Public Service Commission (since May 2015)
Member, Council of the Institute of Public Certified Accountants (since December 2015)
 
(Previous)
Deputy District Judge (Lands Tribunal) (October 2001)
Temporary Deputy Registrar of the High Court (June 2002)
Chairman, Buildings Appeal Tribunal
Deputy Chairman, Administrative Appeals Board
Board of Review (Inland Revenue Ordinance)
Housing Appeal Panel
Honorary Secretary & Treasurer, Hong Kong Bar Association (2002 – 2003)
Insurance Advisory Committee (2004-2009)
Council Member, Hong Kong Productivity Council (2009 - 2013)
Council Member, Hong Kong Bar Association (2002-2007, 2010-2015, 2017)
 
Publication
English
as Author
> Injunctions in Hong Kong (2016)
> Disciplinary & Regulatory Proceedings in Hong Kong, 2nd Ed, (2015)
 
as Contributor
> Butterworths Hong Kong Building Law Handbook (4th Ed)
> Halsbury‘s Laws of Hong Kong Vol 1 Administrative Law, 2nd Ed (2014)
> Atkin's Court Forms Hong Kong (looseleaf) Administrative Law
> Administrative Appeals Board Ordinance (Annotated)
> Emden’s Construction Law in Hong Kong Chapter 10
 
Chinese
> Co-editor (with PY Lo), Hong Kong Barristers on Civil and Commercial Law 香港大律師談民商法 (Chung Hwa Book Company, 2014)
> WTO Anti-dumping and Anti-subsidies : problem with Duty Free Zones, February & March 2013 (in Chinese), Shanghai Lawyer

Members
Edward Chan, S.C. Audrey Eu, S.C. Alice Mok, Q.C. S.C. Ambrose Ho, S.C. Horace Wong, S.C. Li Chau Yuen, S.C.
Andrew Y. S. Mak Margaret Ng Nelson L. Miu Albert Poon Maurice J. Chan Lee Tung Ming
Simon B. C. Chan Wallace Cheung Michael Yin Paul H. M. Leung Tommy Lo Thomas Lee
Elaine Liu Damian Wong Nancy Y. P. Ngai Joyce Leung Kenneth Chung Paul W. P. Mak
David W. K. Tang Matthew Ho Desmond H. K. Leung Norman Nip Verna Lui Clark Wang
Isaac Chan Ken To Kate Poon Jonathan K. W. Lee Selina Kung Jeremy T. Y. Kwong
Adrian C. K. Wong Adrian T. But Alexsander S. T. Wong Julian C.P. Yeung Leon Ho Justin Tong
Christine Yu Carol Wong Andrew C. Y. Tse Prisca Cheung Chantel Lin Nicholas Oh
Leonard H.T. Chow Albert Chan Angie Yan Roger Phang Christy Wong Winnie Li
Brian Chok Avery Chan Lau Ka Kin Justin P. Ismail
Non-practising Barrister
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