Mr. Yeung was called to the Bar in 1997. Prior to that he was admitted as a solicitor in England and Wales and in Hong Kong and practised as a solicitor in the litigation department of an international firm. He was a contributor to Halsbury's Laws of Hong Kong Volume 18(1) Maritime Law (Butterworths) and has authored a book on the law of unjust enrichment in Hong Kong.
Course Outline:
This course will consider three key areas concerning cross-border asset freezing:
Obtaining of disclosure orders against banks outside Hong Kong for the purposes of tracing;
The principles laid down in Dadourian Group v Simms [2006] 1 WLR 2499 for obtaining leave to commence proceedings abroad to freeze overseas assets after obtaining a worldwide mareva injunction in Hong Kong; and
The law of tracing.
The speaker will take a critical look at two recent Hong Kong decisions (Agritrade Resources Limited (HCA 1660/2020, unreported, 23 March 2021) and A1 and Another v R1 and Others (HCMP 307/2021, unreported, 16 March 2021)) in relation to 1. and 2. above and, in terms of the law of tracing, two of the most important English decisions in recent years in that area (Federal Republic of Brazil and another v Durant International Corp [2015] 3 WLR 599 and Relfo Limited (In Liquidation) v Varsani [2015] 1 B.C.L.C. 14).
