Ross M.Y. Yuen 阮文躍

Ross has developed a general civil practice with particular emphasis on land and commercial law. He has considerable advocacy experience. His recent court experience includes trials on constructive trust/resulting trust, adverse possession, compulsory sale of land, land resumption by the Director of Lands, and building management.

As well as trials he is often instructed to act in injunctions and other discrete matters such as company law, matters concerning mentally incapacitated person, etc.

He is an accredited mediator of the Hong Kong International Arbitration Centre. He has experiences in conducting mediation of variety nature of cases, in particular cases involving company, lands and trusts matters.

Before coming to the Bar Ross worked for 8 years in the finance sector. He is a Chartered Financial Analyst of the CFA Institute.

Ross Yuen completed the PCLL from the University of Hong Kong with distinction in 2007 and was awarded the Association of China-Appointed Attesting Officers Scholarship for PCLL Students.

He is a part-time tutor of the PCLL civil advocacy course of the University of Hong Kong.

He is on the Legal Aid Panel.


  • Chartered Financial Analyst – The CFA Institute

  • PCLL – University of Hong Kong (Distinction)
  • LLB – London University
  • BBA – Chinese University of Hong Kong

  • Association of China – Appointed Attesting Officers Scholarship for PCLL Students 2006-2007
  • Commendation – Or, Ng & Chan Practical Legal Research and Problem Solving Prize

Land Law / Adverse Possession

Kannix Limited & Or v Coreluxe Developments Limited & Ors [2020] HKLdT 9

Facts: The Applicant applied for compulsory sale of a building at Des Vouex Road West.

Decision: In assessing the existing use value of the building, the Tribunal accepted the argument of the 6th and 7th Respondents (represented by Mr. Ross M.Y. Yuen) that in assessing the “value” of unauthorized building works (“UBW”) of some units such as cockloft, covered yard, enclosed common corridor and covered flat roof, not only their benefit but also the disadvantages should be taken into account such as costs of reinstatement, safety hazard, risk of litigation, possibility of defective title, etc such that UBW may have negative value.

Further, the Tribunal accepted that the developer’s profit should be maintained at 15% (the higher the %, the lower the land value) despite the recent social movement around the the valuation date.

Wealth Plan Development Limited v Xiu Chuan Limited & Ors [2019] HKLDT 70

Facts: The Applicant applied for compulsory sale of an industrial building in Cheung Sha Wan. In view of the recent social movement in Hong Kong, both experts agreed that the developer’s profit should increase from 15% to 20% (the higher the %, the lower the land value).

Decision: Nonetheless, the Tribunal maintained the developer’s profit at 15% in view of the government initiative to revitalize industrial buildings whereby the subject building has the potential to attain 20% over the usual plot ratio permitted under the outline zoning plan.

Tsang Woon Ming v Tsan Hing Tat Heidi, DCCJ 3791/2016, 19 July 2018

Appeal against refusal to strike out claim based on proprietary estoppel / unjust enrichment

Tse’s Brothers Co Ltd v Kinghall Development Ltd, HCA 1341 and 2401/2012, 9 July 2018

Ownership of land based on alleged trust and/or proprietary estoppel

Chan Wai Kwok v Lo Chuen Mui, DCCJ 2057/2014, 23 November 2017

Ownership of land based on alleged resulting trust/constructive trust

Yu King Chau v Personal Representatives of the estate of Fong Fu Foon, HCA 1438/2011, 21 November 2017

Adverse possession of units in multi-storey buildings

Incorporated Owners of Fuk Wing Building v Ma Hing Ching, DCCJ 2356/2015, 17 July 2017

Adverse possession by IO against individual owner

Chan Yan Cheong v Chan Yan Shum, DCCJ1347/2013, 25 August 2014

Proprietary estoppel

Woo Hoi Lun v Lai Yung, DCCJ 2312/2012, 20 October 2014

Adverse possession of New Territories land

Cheng Wing Hei v Chan Yat Kwan, DCCJ 168/2010, 18 November 2013

Adverse possession of New Territories land

Silver Hope Ltd v Chan Kwai Wah Alice [2013] 1 HKLRD 823

Whether registered charging order took priority over earlier contracts for sale and purchase which were stamped but not registered

譚海强 v 林樹福遺產管理人, HCA2462/2009, 15 May 2013

Adverse possession of New Territories land

Compulsory Sale

Asia Charming Ltd v Kar Shing Capital Resources Ltd, LDCS 5000/2016, 13 June 2018

Alliance Fame Ltd v Mak Kam To, LDCS 9000/2015, 4 August 2017

Gainfield Investment Ltd v Legend Time Ltd, LDCS16000/2014, 17 October 2016

Good Faith Properties Ltd v Cibean Development Co Ltd, LDCS 42000/2011, 31 May 2013

Land Resumption

Cheng Kwok Kuen v Director of Lands, LDLR 6/2015, 7 June 2018

Determination of classification of land and optimum development potential

Cheung Lin v Director of Lands, LDLR 1/2015, 24 October 2016

Au Yeung Ping Ki v Director of Lands, LDLR 2/2010, 20 June 2012

Assessment of pre-resumption loss of profits, goodwill, etc

Tort – Private Nuisance

Century Way Investment Limited v Willbert Limited and Or [2019] HKCA 739

Facts: The Defendants set up a server room in the office with the air-conditioning turned on at low temperature around the clock, thus causing dampness to the floor of the office on the upper floor.  They were found to be liable for nuisance by the trial judge.

Ruling: Upon appeal by the Defendants (represented by Mr. Ross M.Y. Yuen, led by Mr. C.Y. Li, SC), the Court of Appeal accepted the argument of the Defendants that under the principle of natural nuisance (i.e. nuisance caused by the operation of nature rather than any act of the landowner), in the balancing exercise the Court must regard the available preventive measures and the cost of such measures and the resources of both parties. The appeal was allowed.

Others

Leung Kwok Hung v Johnson Controls Hong Kong Ltd, HCCT 56/2017, 28 June 2018

Stay of proceedings for arbitration

Brassart Jacqueline Marcelle v R & P International Accounting Affairs Ltd, HCA 305/2015, 26 May 2017

Entering loan agreement by deceit and induced by fraudulent misrepresentation

Cheer Signal Development Ltd v Wong Siu Fan, HCA780/2015, 26 Oct 2015

Discharged of Mareva injunction

開聯工業中心業主立案法團 v 北豐有限公司, LDBM 95/2013, 24 July 2015

Building management – award of indemnity costs against individual owner

Steak Expert Holdings Ltd v Incorporated Owners of Jade Plaza (Tsuen Wan), LDBM 171/2013, 25 Feb 2015

Building management

Chu Chung Ming v Lam Wai Dan, HCCW 377/2011, 22 December 2014

Winding up – unfair prejudice

China Capital Ltd v Chu San Hung, HCA 2367/2012, 3 Dec 2014

Striking-out action for tracing and constructive trust by dishonest assistance

Lo Sam Shing v Li Fong, HCA 1803/2011, 14 Mar 2014

Defamation – statements contained in letter issued by defendant during period of plaintiff’s election campaign

Chu Chung Ming v Lam Wai Dan [2012] 4 HKLRD 897

Admissibility – whether exceptions to principles on confidentiality of mediation or “without prejudice” communications applied

Call : 2008
Set : Main
Practice Areas
ArbitrationChanceryCommercial LawCompany and InsolvencyLand and Property LawMediationProbate and AdministrationRegulatory and DisciplinaryTort and Personal Injuries
Contact
Email : [email protected] Secretary : Rebecca Lee [email protected]