Hylas Chung 鍾元富

Tel: (852) 2117-0222

Fax: (852) 2117-0092

Email: hylas.chung@axchambers.com

Practice Areas

  • General Civil Law

  • Company and Commercial

  • Intellectual Property

  • Probate

  • Trust and Equity

  • Defamation

  • Land and Property

  • Family

  • Arbitration

  • Administrative and Public

  • Personal Injuries including Medical Negligence

Mr. Chung had over 10 years of commercial experience in publishing and corporate banking before he was called to the Bar. His interests include intellectual property law, corporate and commercial litigation, land and property cases, and disputes in the entertainment industry. Mr. Chung has also given many seminar courses pertaining to injunction application techniques and selected topics on personal injury for solicitors in the CPD programme.

Notable Cases

1. United Muslim Association of Hong Kong and others v. Yusuf Yu and others HCA 640 of 2012

  • A case pertaining to, at first blush, defamation. However, the facts also turn to many issues revolving around company law. The defences to defamation such as justification, qualified privilege and fair comment were raised, with focus placed on the first of the three.

2. Lee Kwun Wan v. Sherman Ngai Wing Lee HCA 1924 of 2009

  • The Plaintiff in this case relied on the maxim that “Equity does not allow a statute to be an instrument or engine of fraud” and therefore the claim of a constructive and resulting trust should not be undermined by section 5(1) of the Conveyancing and Property Ordinance, Cap. 219 which provides that “Subject to section 6- (a) no equitable interest in land can be created or disposed of except by writing signed by the person creating or disposing of the same, or by his agent thereunto lawfully authorized in writing, or by will; or by operation of law; (b) a declaration of trust respecting land or any interest therein shall be manifested and proved in writing signed by the person who is able to declare such trust or by his will.”

3. Lam Kwong Wai and another v. Department of Justice (2006) 9 HKCFAR 574, [2006] 3 HKLRD 808

  • This is a case involving Basic Law and Bills of Rights in the Hong Kong Jurisdiction. Both the Court of Appeal and the Court of Final Appeal ruled that the relevant statutory provision, namely Section 20 of Firearm and Ammunition Ordinance Cap. 238, was unconstitutional and the provision in question was read down by imputing a lower burden of proof, namely evidential burden, for the accused. Being one of the very few cases in the attempt to expunge unconstitutional provisions of the statutory laws, this case has profound implications on the future development of the statutory laws requiring a reverse burden of proof and the quasi-legislative power of the judiciary in the Common law jurisdictions.

4. Cai Guo Xiang v. Mok Hang Won Elsa HCAP 13/ 1997 (unreported)

  • The doctrine of donatio mortis causa is applicable in the Hong Kong jurisdiction.

5. Chan Sze Ki v Department of Justice & Another [2006] 3 HKLRD 413, [2006] HKEC 463, [2006] HKC 211

  • The case features an inexperienced inspector of the then Hong Kong Royal Police Department who suffered grave injuries as a result of a penetrationary gunshot wound in his head in a raid on a group of arm robbery suspects. The case upholds the common law of employer’s duty of care. In particular, the more dangerous nature of the job, the higher degree of duty of care is required of the employer.        

6. Long Ford Garment Ltd v JAS Forwarding (HK) Ltd  Court of Appeal [2005] HKEC 1665

  • A civil appeal relying on mistake of the nomenclatures of the company named in the contract in suit.

7.  Vincent Eng v Chen Qin Biao [2010] HKEC 1443

  • An argument on the entitlements of sale of shares and breach of director’s duties.

8. Lam Yi Lai v Ip Kwok Chung  Court of Appeal [2010] HKEC 337

  • Appeal allowed on the grounds that the learned judge of the lower Court erred in failing to consider the elements required of in establishing qualified privilege and fair comments in striking out the statement of claim.

9. Fung Tak Keung v Hiew Fook  [2009] HKEC 862

  • The defence against a defamation claim relying on that the slander words were not actionable per se.

10. Cheung Hing Chiu v Cham Tze Kwong  [2008] HKEC 1427

  • The protection of qualified privilege was defeated by the proof of malice in a defamation action.

11. Wong Hoi Fung v American International Assurance Co (Bermuda) Ltd [2002] 3 HKLRD 507

  • An important ratio for the determination of admissibility of expert evidence.

12. Tai Sang Kung Ltd v Paraking Ltd & Another CA [2002] HKEC 1253

  • The judgment upholds various principles of conveyancing law relating to title defects and misrepresentation.

13. Leung Sum Ting V China Light and Power Ltd (LT MR 26/ 95, Unreported)

  • Central to this issue in the claim of diminution in value of land in relation to a statutory easement against China Light and Power Ltd., this case is regarded as the pioneer and authority case for claims relating to statutory easement and the like.  The judgment highlights the importance of expert valuation evidence on the basis of comparables.