Ross M.Y. Yuen 阮文躍
Call : 2008 (HK)
Set : Main
Practice Areas
ArbitrationChanceryCommercial LawCompany and InsolvencyDefamationIntellectual PropertyLand and Property LawMediationProbate and AdministrationRegulatory and DisciplinaryTort and Personal Injuries
Contact
Email : [email protected] Secretary : Rebecca Lee [email protected]

Ross has his practice mainly in property law (including Chancery, Trust and Probate) and commercial law. He regularly acts for land owners/developers in adverse possession cases.  He also frequently advises and appears on behalf of minority owners in compulsory sale applications, and on occasion, extends his services to majority owners. Advising on other land related matters such as conveyancing, building management and tenancy is also his regular practice.

He has been involved in some leading authorities on land and commercial disputes such as: Monat Investment Ltd v. All Person(s) in Occupation of Part of No 16 Ma Po Tsuen [2023] HKLRD 1311 and [2020] 4 HKLRD 330 (adopting Patel v. Mirza on illegality in the context of unauthorized building works in adverse possession); and Gain Wealth Global Credit & Investment Ltd v Chan Suk Fong [2020] 4 HKLRD 831 (interpretation of the Money Lenders Ordinance).

He has ample experience in working with land surveyor, building surveyor, structural engineer, authorized person and valuer. He is a Chartered Financial Analyst of the CFA Institute. Benefitting from his diverse background, he is recently expanding his practice to construction law and Building (Planning) Regulations that involve multiple expert disciplines.

Ross 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. Currently, he serves as a tutor and assessor of the PCLL civil advocacy course at the University of Hong Kong.  He is an accredited mediator of the Hong Kong International Arbitration Centre.


  • Chartered Financial Analyst – The CFA Institute

  • PCLL  –  University of Hong Kong (Distinction)
  • LLB    –  University of London
  • 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 / Trust

Fulland International Ltd v. Liu Kin Lam [2024] HKCFI 1209 (successfully opposed claim of adverse possession)

Monat Investment Ltd v. All Person(s) in Occupation of Part of No 16 Ma Po Tsuen [2023] HKCA 479 (adopting Patel v. Mirza on illegality in Hong Kong)

Monat Investment Ltd v. All Person(s) in Occupation of Part of No 16 Ma Po Tsuen [2020] 4 HKLRD 330 (successfully opposed claim of adverse possession in part with no order as to costs)

Chin Ling Wah v. Shum Chau [2022] 3 HKLRD 372 (application made for MIP under the Partition Ordinance without setting up a committee under the Mental Health Ordinance)

Tsang Kiu v. Fulland International Ltd [2019] HKDC 676 (successfully opposed claim of adverse possession in part with costs order against the squatter)

Chan Mei Lin & Ors v. Lee Hong [2018] HKCFI 2441 (successfully opposed claim of ownership and rights over agricultural land relating to adverse possession, proprietary estoppel, etc;)

Yu King Chau v. Personal Representatives of the estate of Fong Fu Foon, HCA 1438/2011, 21 November 2017 (successfully opposed claim for adverse possession of units in multi-storey buildings)

Incorporated Owners of Fuk Wing Building v. Ma Hing Ching, DCCJ 2356/2015, 17 July 2017 (successfully opposed claim for adverse possession by IO)

China Capital Ltd v. Chu San Hung, HCA 2367/2012, 3 Dec 2014 (Striking-out action for tracing and constructive trust by dishonest assistance)

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)

Commercial

To Yung Sing Herman v Szeto Chak Mei [2023] HKCFI 3112 (date of assessment of damages in an aborted sale and purchase transaction of an en-bloc building)

Re Power Hong Kong Limited [2023] 5 HKLRD 369 (interest rate and commencement date of accrual in buying-out order of unfair prejudice petition)

Johnson Controls Hong Kong Ltd v. Wangle Engineering Ltd [2023] HKCA 568; [2021] HKCFI 2560 (successfully opposed the claim and appeal concerning the construction dispute at the new extension of the Hong Kong International Airport)

Hung Yip (HK) Engineering Co Ltd v. Kinli Civil Engineering Ltd [2021] 1 HKLRD 860 (injunction to restrain presentation of winding-up petition)

Gain Wealth Global Credit & Investment Ltd v. Chan Suk Fong [2020] 4 HKLRD 831 (successfully appealed for money lender where the Court of Appeal considered the legal effect of finding of collusion and the definition of interest and principal under the Money Lenders Ordinance)

Century Way Investment Limited v. Willbert Limited and Or [2019] HKCA 739 (successfully appealed on finding of nuisance of water condensation caused by the operation of server room)

Leung Kwok Hung v. Johnson Controls Hong Kong Ltd, HCCT 56/2017, 28 June 2018 (stay of proceedings for arbitration)

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)

Compulsory Sale

Billion Glory Properties Ltd & Ors v. Li Baozhu & Ors [2024] HKLdT 17, 29 February 2024 (application of PNAP APP-108, 132, 151 & 152, and Reg.23(3)(b) of the Building (Planning) Regulation)

Far Union Investment Ltd & Ors v Ever Legend (HK) Ltd & Ors [2023] HKLdT 66 (interpretation of “minority owner” and “each property in the lot” under the Land (Compulsory Sale for Redevelopment) Ordinance)

Greatmax International Ltd v. Lo Sha Kam Ha Teresa [2023] HKLdT 47 (“undue hardship” irrelevant as to whether a compulsory sale order should be made – guidelines on matters to be considered and the weight to be attached under the age or state of repair test)

Bright Full Ltd v. Hing May Properties Ltd [2023] HKLdT 45; [2023] HKLdT 1 (application for compulsory sale dismissed – redevelopment not justified due to the age or state of repair of the existing development)

Peace Ever Ltd & Ors v. Au Kai [2023] HKLdT 41, 1 August 2023 (application of PNAP APP-73 and Reg.23(2) of the Building (Planning) Regulations in the inclusion of a private lane in the calculation of site coverage and plot ratio; and bonus plot ratio)

Supreme Host Investments Ltd v. The PR of the Estate of Cheng Lai Chit, Deceased [2023] HKLdT 22 (guidelines on the age or state of repair test)

China Orchid International Ltd v. Fujitec (HK) Company Ltd [2023] HKLdT 38 (record reserve price set in compulsory sale applications – valuation of UBWs)

Winmark Properties Ltd v. Prime Way Investment Co Ltd [2022] HKLdT 62 (interpreting the Ordinance on computing average ownership in buildings connected by common staircase)

Wealth Plan Development Limited v Xiu Chuan Limited & Ors [2019] HKLdT 70 (redevelopment of No 121 King Lam Street Kowloon – developer’s profit at 15% in view of the government initiative to revitalize industrial buildings with the potential to attain 20% over the usual plot ratio permitted under the outline zoning plan)

Land Resumption

Chan Shiu Chong v. Director of Lands [2018] HKLdT 89 (determination of redevelopment value in a case of 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