Michael Yin

BARRISTER

Call: 1997

Michael Yin has a broad civil practice covering both litigation and advisory work.  His special expertise lies in traditional chancery work, including all aspects of land-related matters, trusts and estates, and tax.  He also has wide experience in Chinese law and custom, insolvency law, charity law, mental health proceedings, professional negligence, partnership and company disputes.

T: +852 2532 6778

E: michael.yin@redechambers.com

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RECENT HIGHLIGHTS

  • Winland Finance Limited v. Gain Hero Finance Ltd [2022] HKCFA 3 (competing priorities between an earlier equitable assignment of future proceeds of sale of property and a later charging order on the property)
  • Lam Kin Chung v Soka Gakkai International of Hong Kong Ltd [2022] HKCA 480 (juridical basis for members of a charitable corporation to commence derivative actions and scope of members’ fiduciary duty in voting)
  • Re WSY [2022] HKCFI 496 (application for a statutory will to be made for an ultra high net worth patient with complex financial and family affairs)
  • Anthony Eric Ryan Hotung v. Hotung Michael Eric AB [2021] HKCFI 601 (breach of trust and removal of trustee)

OTHER NOTABLE CASES

Land

  • Building Authority v. Appeal Tribunal (Buildings) (ENM Holdings Ltd) (2018) 21 HKCFAR 194 (interpretation of land grant concerning responsibility to maintain hillside slopes)
  • Jovian Corporate Communications Ltd v. Link Wide International Investment (Hong Kong) Ltd [2016] 2 HKLRD 1287 (requisition of sale and purchase of office unit and meaning of partition)
  • Wong King Lim v. The Incorporated Owners of Peony House [2013] 4 HKC 295 (adverse possession over common parts)
  • Gold Shine Investment Ltd. v. The Secretary for Justice [2010] 1 HKC 212 (construction of Government lease)
  • Chen Yu Tsui, the Executrix of the Will of Tong Kui Ming, decd v. Tong Kui Kwong [2006] 1 HKC 23 (co-tenant’s duty to account)
  • Wong Wan Leung, Wong Kam Por & Wong Siu Chung, as the Managers of Wong Wai Tsak Tong v. Director of Lands, LDMR 10/1996, 28 June 2002 (valuation of Government lessee’s interest on resumption)
  • Kar Ho Development Co Ltd v Axis Investment Ltd [2001] 1 HKC 86 (delay in completion and notice to rescind)

Trusts and Estates

  • The Secretary for Justice v. Joseph Lo Kin Ching and others (2015) 18 HKCFAR 169 (construction of charitable bequest in a home-made will)
  • ChinaChem Charitable Foundation Ltd. v. Chan Chun Chuen & another (2011) 14 HKCFAR 798 (contested probate claim and disputes over interim administration)
  • Official Solicitor v. HSBC International Trustee Ltd [2011] 4 HKLRD 644 (liability of next friend to pay costs and indemnity from estate)
  • Chung Wing On v. Chung Wing Piu [2006] 3 HKC 546 (capacity of a specific legatee who takes as joint tenant under a will to serve notice of severance before administration is completed)
  • Anthony Eric Ryan Hotung v Ho Yuen Ki [2002] 3 HKLRD 641, [2005] 4 HKLRD 558, [2007] 4 HKLRD 384 & [2010] 2 HKLRD 304 (dispute between beneficiary and trustee)

Tax

  • The Commissioner of Inland Revenue v. Common Empire Ltd. [2007] 1 HKLRD 679 (appeal against decision of Board of Review)
  • China Map Ltd v. Commissioner of Inland Revenue (2008) 11 HKCFAR 486 (profits tax assessment and onus of proof)

Company & Insolvency

  • Lam Kin Chung v. Soka Gakkai International of Hong Kong Ltd. [2018] 2 HKLRD 769 (dispute between a charitable company and one of its members)
  • Li Man Wai v. Ngan Suet Fong Bonnie [2021] HKCFI 931 (bankrupt’s estate and beneficial ownership of property)
  • Kwok Ping Sheung Walter v. Sun Hung Kai Properties Ltd [2009] 2 HKLRD 11 (termination of directors’ appointment)

Commercial

  • Wah Lun International Development Ltd v. Lau Chiu Shing [2021] HKCFI 407 (acquisition of majority shareholding in a listed company)
  • Pacific Electric Wire & Cable Company Ltd. v. Texan Management Ltd. & others CACV 90 & 91/2012, 17 September 2013 (knowing assistance, knowing receipt and equitable tracing)
  • Bank of China (Hong Kong) Ltd v. Kanishi (Far East) Ltd & another [2002] 2 HKRLD 52 (charging order and “pledge” of shares)

Public

  • Commission of Inquiry into Excess Lead Found in Drinking Water (2015-2016) (represented the Hong Kong Housing Authority)
  • To Kin Wah v. Tuen Mun District Officer & others [2006] 1 HKC 407 (judicial review of District Officer’s role in appointment of managers of tso/tong)
MORE CASES

APPOINTMENTS AND MEMBERSHIPS

  • Vice Chairman, Standing Committee on Legal Education, Hong Kong Bar Association
  • Member, HKSAR Standing Committee on Legal Education and Training
  • Member, Committee on Land, Trust and Probate, Hong Kong Bar Association
  • Member, Sub-committee on Adverse Possession, The Law Reform Commission of Hong Kong

EDUCATION

  • LLB Hons (1992)
  • LLM in commercial law (1995)

Qualifications

  • Called to the Bar at Lincoln’s Inn (1993)
  • Called to the HK Bar (1997)