Publications

No research is ever quite complete. It is the glory of a good bit of work that it opens the way for something still better, and this repeatedly leads to its own eclipse. - Mervin Gordon

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‘Heavy Duty’ (2016) 24(5) STEP Journal 32

Heavy duty, (2016) 24(5) STEP Journal 32

As fiduciaries, directors of companies should not put themselves in a position where their interest and duty conflict. Andrew Lynn explains what can be learned from a recent ruling of the Hong Kong Court of Final Appeal on the scope of the no-conflict rule.

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Andrew Lynn (Author)

2016

Dealing with trust-owned companies: property rights and fiduciary obligations, Trusts & Trustees Advance Access

Assets held by companies in a trust-company structure are often considered as ‘trust assets’ or held in trust ‘through the company’—but this is incorrect. The underlying assets belong to the company without reference to the trusts on which the shares of the company itself are held. How, then, should trustees approach and deal with issues that arise at company level? This article examines case law from several jurisdictions to argue that it is essential to appreciate that while property rights are interrupted in the trust structure, nevertheless fiduciary obligations are potentially transmitted through the structure by the ‘vector’ of the trustee-director.
Online Access Link:  https://academic.oup.com/tandt/article/22/7/775/2427339?guestAccessKey=d744ab22-ce95-4e97-b49e-fcf0599b1329
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Andrew Lynn (Author)

2016

‘Dealing with trust-owned companies: property rights and fiduciary obligations’ (2016) 22(7) Trusts & Trustees 775

Andrew Lynn (Author)

2016

Anti-Suit Injunctions in Hong Kong: Recent Developments

Nick Luxton (Author)

2016

Damned if you do, damned if you don’t: how should trustees respond in divorce proceedings?

Damned if you do, damned if you don’t: how should trustees respond in divorce proceedings?(2016) 22(4) Trusts & Trustees 416

Trustees are faced with difficult questions when they become embroiled in divorce proceedings and there can be serious financial and reputational consequences should they handle matters badly. While there have been several cases providing judicial guidance on the proper role for trustees, there remains uncertainty in the trust industry and the legal profession as to how trustee risk can be best managed in these circumstances. This article joins the ongoing debate by considering what is expected of trustees in the light of recent decided cases in England and Wales, offshore, and in Hong Kong, with particular reference to: whether to submit to jurisdiction; in what manner to make representations to the divorce court; the preferred substance of the trustee’s representations; and the approach post-judgment.

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Andrew Lynn (Author)

2016

Hong Kong Chitty on Contracts, 5th Edition

Azan Marwah (Contributing Editor)

2016

Arrest of Ships in Hong Kong

Nick Luxton (Author)

2015

Applying the Charman test to trusts in divorce: the decision of the Hong Kong Court of Final Appeal in Kan Lai Kwan v Poon Lok To Otto and HSBC International Trustee Limited

Applying the Charman test to trusts in divorce: the decision of the Hong Kong Court of Final Appeal in Kan Lai Kwan v Poon Lok To Otto and HSBC International Trustee Limited, (2015) 21(3) Trusts & Trustees 285

This article examines the treatment of discretionary trusts in divorce, with reference to the recent decision of Hong Kong’s Court of Final Appeal in the case of Kan Lai Kwan v Poon Lok To Otto and HSBC International Trustee Limited (‘Poon’). In particular, it considers the evolution and application of the Charman test for determining whether the assets of a discretionary trust will be a ‘resource’ attributable to a spouse in ancillary relief.

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Andrew Lynn (Author)

2015

Hong Kong Basic Law Handbook

Kirsteen J. Lau (Contributor)

2015

Hong Kong Family Court Practice, 2nd Edition

Azan Marwah (Co-author)

2015

Atkins Court Forms Hong Kong, vol. VIII Family

Azan Marwah (Editor)

2015

Hong Kong Public Law Reports

2015

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