Aidan L.F. Tam

Aidan L.F. Tam

Barrister-at-Law

practice profile

Aidan has a general civil practice, with emphasis on land law, Chinese law and custom and law of probate and administration.  Called to the Hong Kong Bar in 2007, Aidan has appeared in the Court of Final Appeal and the Court of Appeal in claims involving adverse possession and encroachment, principles of non-derogation from grant, proprietary estoppel, conveyancing, tsos and tongs, Beddoe Orders, law of succession, arbitration and bankruptcy law.  Aidan has also conducted trials and hearings and provided legal opinion on ding houses matters, companies' winding up, religious charitable trusts, intellectual property rights, town planning, building management, building and construction, professional negligence and family matters.

Apart from his civil practice, Aidan also engages in public service.  Aidan is an Adjudicator of the Registration of Persons Tribunal, dealing with appeals from persons aggrieved by a decision of the Director of Immigration not to issue a Hong Kong Permanent Resident Identity Card or to declare a permanent identity card issued to be invalid.  As a Member of the Appeal Panel (Estate Agents Ordinance), Aidan handles appeals lodged to the Secretary for Transport and Housing against the licensing or disciplinary decisions of the Estate Agents Authority.  Aidan is also a Member of the Private Columbaria Appeal Board which determines appeals lodged against decisions made by the Private Columbaria Licensing Board or the Director of Food and Environmental Hygiene.

tertiary education

  • LLM in Commercial and Corporate Law (University of London)
  • PCLL (University of Hong Kong)
  • LLB (University of Hong Kong)

year of call (hk)

2007

positions held

  • Adjudicator, Registration of Persons Tribunal (Dec 2014 – Nov 2018)
  • Member, Appeal Panel (Estate Agents Ordinance) (Jan 2017 – Dec 2018)
  • Member, Private Columbaria Appeal Board (Sep 2017 – Sep 2020)

selected cases

  • Land:
  • Rank Profit Industries Limited v Secretary for Justice [2009] 1 HKLRD 194 (CA); FAMV 8/2009, unreported, 25th June 2009 (CFA)
    Represented a property developer to sue the Director of Lands as agent of HKSAR Government qua landlord for derogation of grant in respect of a piece of commercial land in Kowloon Bay Industrial Area; also participated in the parallel proceedings of Rank Profit Industries Limited v Director of Lands [2009] 1 HKLRD 177 (CA); FAMV 7/2009, unreported, 25th June 2009 (CFA) in which the same property developer sought judicial review of a decision of the Director of Lands in respect of premium for lease modifications

  • Hong Kong Kam Lan Koon Ltd v Realray Investments Ltd (2010) 13 HKCFAR 215 (adverse possession)

  • Lee Bing Cheung v Secretary for Justice [2013] 3 HKC 511 (CFI); CACV 53/2013, unreported, 12th May 2014
    Represented a squatter to claim against the Director of Lands as agent of HKSAR Government qua landlord in respect of a piece of unleased Government land adjoining his land held under Government Grant in Ah Kung Ngam, Hong Kong Island on the grounds of adverse possession, encroachment and proprietary estoppel; squatter obtained a declaration by virtue of encroachment that he was/is entitled to possession of the unleased Government Land as from 28th February 2009 until the determination of the Government Grant (a 999-year lease) of his own land

  • Chau Ka Chik Tso & Others v Secretary for Justice HCA 10670/2000, unreported, 30th December 2009 Represented the squatters to sue the Director of Lands as agent of HKSAR Government qua landlord in respect of a huge piece of Government land adjoining their own lands held under Government Grants in Yuen Long, New Territories on the grounds of adverse possession, encroachment and proprietary estoppel; case proceeded to the Court of Final Appeal and became the precedent authority on the law of encroachment in Hong Kong

  • Tang Tak Sum & Another v Tang Kai Fong [2013] 4 HKLRD 16 (CFI); [2015] 1 HKLRD 286 (CA) (law of accounting between co-owners of land; adverse possession against co-owner by ouster)

  • Best Star Holdings Ltd v Lam Chun Hing & Others, HCA 409/2008, unreported, 22nd February 2012 Represented the Plaintiff to obtain proprietary relief in respect of some land lots in the New Territories and the ding houses built thereon by proprietary estoppel by representation and proprietary estoppel by standing by

  • Chan Shun v Ng Yiu Leung Danny CACV 365/2008, unreported, 10th November 2009 (conveyancing)
  • Chinese Law and Custom, Probate and Administration and Trust:
  • Leung Lai Fong v Ho Sin Ying (2009) 12 HKCFAR 581
    Represented the stepmother (status acquired under Chinese law and custom) of a deceased medical doctor to contest with the natural mother in respect of the right of succession to the intestate estate of the deceased; Court of Final Appeal made the authoritative ruling that ‘mother’ in section 4(7) of the Intestates’ Estates Ordinance (Cap.73) can only mean the natural, biological mother

  • Man Ping Nam v Man Tim Lup & Others HCMP 2417/2007, unreported, 21st January 2010; [2011] 1 HKLRD 427 (CA) (sale of land by a business Wui)
  • Arbitration:
  • S Co v B Co [2014] 6 HKC 421 (international arbitration)

  • Kim Hung Construction & Engineering Co Ltd v Standard Refrigeration & Engineering Co Ltd HCCT 37/2012, unreported, 21st June 2013; CACV 90/2015, unreported, 7th January 2016 (domestic arbitration)
  • Bankruptcy:
  • China Merchants Bank Co Ltd & Another v Cheng Chao Ming [2010] 3 HKLRD 485(CA)
  • Represented the bankrupt to resist the bank’s application for his relevant period of bankruptcy to cease to run for a second time during the currency of the same bankruptcy order; Court of Appeal held that the Court has no jurisdiction under section 30A(3) of the Bankruptcy Ordinance (Cap.6) to order the relevant period of bankruptcy to cease to run for more than one time
  • Other Cases:
  • Blandina Quintinita Parsons v Catriona Jane Derry Parsons and Others FCMP 14/2014; HCMP 975/2017, unreported, 6th July 2017 (CA) (jurisdictional requirements of domicile and ordinary residence in the Inheritance (Provision for Family and Dependants) Ordinance (Cap.481))

  • Wong Hung Kar Kee Mimi v Severn Villa Ltd [2014] 1 HKLRD 1088 (civil procedure; application of functus officio principle and slip rule to court orders including consent judgments; variation of costs order nisi; certificate for counsel in orders for costs on indemnity basis)

  • Cheung Sun Lam v Lai Kam Man [2008] 5 HKC 1 (CA) (civil procedure; principles of taxation in respect of certificate for counsel and counsel’s fees; practice of pupillages, pupil master’s duty, complimentary brief and impact on taxation of counsel’s fees)