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Equity and Trusts in Hong Kong : Doctrines, Remedies and Institutions, 2nd Edition

Author :  Steven Gallagher

Product Details

Country
Hong Kong
Publisher
Sweet & Maxwell, Hong Kong
ISBN 9789626615614
Format PaperBack
Language English
Year of Publication 2020
Bib. Info 805p. Print & ProView eBook
Product Weight 1290 gms.
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Product Description

Equity and Trusts in Hong Kong: Doctrines, Remedies and Institutions is a detailed text on the law in Hong Kong. The text is unique as it not only details the development of equity and trusts in Hong Kong in the light of developments in other jurisdictions, but also considers the uses of equity and trust in Hong Kong and how they have developed and may be developed in the commercial, corporate and banking sectors. The text also considers the interaction between the domestic use of trusts in Hong Kong and the practice of offshoring. • Discusses the worlds’ first detailed consideration of anti-Bartlett clauses by an appellate court in the Court of Final Appeal’s decision in Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 45. • Considers the fiduciary duty of trustees including the concept of a residual fiduciary duty after Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 45. • A chapter discussing the relationship between equity and unjust enrichment. • Fresh consideration of the approach to property ownership disputes involving the doctrines of common intention constructive trust, proprietary estoppel, and the resurrection of the presumption of resulting trust after the privy council decisions of Marr v Collie (Bahamas) [2017] UKPC 17 and Whitlock v Moree (Bahamas) [2017] UKPC 44. • Submission that the common law doctrine of sham should not apply to trusts, considering JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev (Pugachev v. Pugachev) [2017] EWHC 2426 (Ch) • Considers why Hong Kong has no need of the possible new doctrine of estoppel that may be developing in England after the English Court of Appeal decision in Pennington v. Waine [2002] EWCA Civ 227. • A chapter considering the importance of special trust jurisdictions for trust business in Hong Kong, including Cayman Islands, British Virgin Islands and Bermuda.

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