Property and Building Management Practice
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1 Property and Building Management Practice February 2015
2 Contents Contents... 1 About Us... 2 Our Approach... 3 Our Building Management Practice... 3 Kevin Bowers... 5 Our Team
3 Howse Williams Bowers is an independent Hong Kong law firm which combines the in-depth experience of its lawyers with a creative, forward-thinking approach. About Us Our key practice areas are corporate/commercial and corporate finance; commercial and maritime dispute resolution; clinical negligence and healthcare; insurance and professional indemnity insurance; employment; family and matrimonial; property and building management; intellectual property and financial services/corporate regulatory and compliance. As an independent law firm we are able to minimise legal and commercial conflicts of interest and act for clients in every industry sector. The partners have spent the majority of their careers in Hong Kong and have a detailed understanding of international business and business in Asia. In 2014 HWB was awarded "Hong Kong Law Firm of the Year" by Chambers and Partners. The HWB partners and their teams have an excellent reputation for delivering high quality legal advice with a practical and commercial approach to solving legal issues in line with clients commercial objectives. 2
4 Our Approach We provide a practical and forward-thinking approach to clients who want to resolve their contentious and non-contentious property and building management issues in a time/cost efficient manner. We are well-versed in all aspects of property and building management and we are fully aware of our clients' needs for a commercial approach to property and building management issues. We therefore give our clients a realistic idea of what to expect from our services and offer our clients practical and commercial approaches in resolving property and building management issues. Our Building Management Practice Our team is led by Kevin Bowers, who has 20 years of experience in advising upon property and building management issues. Our clients include some of the largest international real estate service firms, listed property developers, international and local building management companies, quasi - government bodies, property investment funds; incorporated owners of commercial/residential buildings; commercial and individual landlords and tenants in Hong Kong. Kevin and his team have experience in providing advice upon the following:- rights and obligations under land documents, such as Deeds of Mutual Covenant, Government Grants, building plans, house rules etc.; drafting Deeds of Mutual Covenant, house rules, leases, licences and other land related documents; interpretation of occupation permits and advising upon usage of premises and material change of use; issues of easements / right of way, illegal structures, adverse possession, nuisance claims, common areas, slopes, defective buildings; resolving landlord and tenant disputes involving residential and commercial properties and issuing proceedings for outstanding rent / management fees and related damages together with applications for possession of properties; disputes between incorporated owners and owners of property in claims for breaches of Deeds of Mutual Covenant including the making of emergency injunction applications; disputes involving breaches of construction / building contracts for negligence and fraud; advising incorporated owners and building managers upon tendering exercises, budget and accounts and contribution of funds; advising building managers / incorporated owners upon powers, rights and obligations; 3
5 advising upon judicial reviews in connection with government policies on land development. 4
6 Kevin Bowers Partner / Solicitor Advocate Direct Mobile Fax kevin.bowers@hwbhk.com Kevin specialises in commercial, insurance and employment litigation and dispute resolution both in Hong Kong and internationally. He handles complex multijurisdictional commercial cases involving debt recovery, sale of goods, trade finance, media law, fraud, shareholder, joint venture, employment, property and franchise disputes, contentions probate/trusts, asset tracing, injunction proceedings, jurisdictional challenges, public inquiries and judicial reviews. He acts for both employers and employees in a wide range of contentious and advisory employment matters, and is experienced in advising upon and handling internal disciplinary investigations and proceedings. He is also experienced in professional indemnity, D&O liability and other general insurance and reinsurance-related claims. His experience extends to defamationrelated litigation and pre/post-publication advice to both printed and new mediabased publications in Hong Kong and abroad. Kevin is seasoned in conducting U.S. overseas depositions and is an advocate of alternative dispute resolution as well as an accredited mediator. Kevin has represented major clients on important, high-value matters. He acted on behalf of Hong Kong s main cargo handler in The Commission of Inquiry into the Opening of the Hong Kong International Airport and for appellant insurers to the Privy Council in England. Kevin was also successful in obtaining one of the most farreaching restraining orders worldwide from the Court of First Instance in Hong Kong and in representing a professional regulatory body before the Court of Final Appeal in Hong Kong in judicial review proceedings. Experience 2012 Howse Williams Bowers 2011 Reed Smith Richards Butler 2008 Richards Butler in Association with Reed Smith LLP 2006 Richards Butler, Hong Kong 1997 Deacons, Hong Kong 1995 Masons, Hong Kong 1990 Masons, London Education 1990 Guildford College of Law, CPE 1989 University of Bristol, LLB (Hons) 5
7 Professional Qualifications 1997 Hong Kong 1992 England and Wales Professional Affiliations Solicitor Advocate Accredited Mediator, Hong Kong International Arbitration Centre (HKIAC) Member, HKIAC Mediation Council / Commercial Mediation Committee Accredited Mediator, Law Society of Hong Kong Accredited Mediator, Hong Kong Mediation Accreditation Association Ltd. (HKMAAL) Associate Member, Association of Certified Fraud Examiners (ACFE) Examiner, University of Hong Kong (1998) Member, Professional Indemnity Advisory Committee, Law Society of Hong Kong Member, Law Society of England and Wales Member, Law Society of Hong Kong Member, Hong Kong Insurers Club Member, Hong Kong Insurance Law Association Reported Decisions Red Sea Insurance Co. Ltd. v. Bouygues S.A. & 22 Others [Privy Council Appeal No.32/1993] The Law Society of Hong Kong v. Robert James Brook [FACV20/1998] Park Kit Investment Limited v. Tsang Kwok Fun t/a Dickie Tsang & Co. [HCA 4757/1998] Yeung Sai Ying by his lawful attorney Chan Mei Ching v. Kan Chung Nin Tony & Ho Chi Keung Raymond all formerly t/a Tony Kan & Ho [HCA 5963/2000] Benefit Charter Ltd. v. Kevin L.H. Kwong & Co. & Hung Chun Leung [HCA 4775/2000] Ray Chen v. Wan Ching Lam & Johnson Stokes & Master [2002] HKEC 704 Great Honour Investments Ltd. & Wall International Investments Ltd. v. Ko Yin, Sino Global International Ltd. & Li Wong & Lam [HCA 298/2002] Kensland Realty Ltd. v. Whale View Investment Ltd. & Tam, Pun & Yipp [2002] 1 HCA 243 Lee Shing Hong Ltd. v. Leon Ko & James Towliss (representative members or associates of the organization known as Greenpeace) [HCA 1741/2002] China United Holdings Ltd. & Large Investments Ltd. v. Johnson Stokes & Master [2005] HKEC 394 All Link International Ltd. v. Ha kai Cheong & Another [2005] HKEC 881 Wonderyouth Industries Ltd. v. China Great Wall Finance Co. [FACV 9/2005] Jae Hoon Oh v. Richdale [2005] 2 HKLRD / Chin & Another v Richdale & Another [HCPI 1887/2000] Chua Ming Yuen v. Hentron Investments Ltd. & Kwan Lai Hung and Kwan Lai Hung t/a L.H. Kwan & Co. v. Rowland, Chow, Chan & Co. & Hentron Investments Ltd. [2006] HKEC 263 John Jude Monteiro v. Incorporated Owners of Block Nos Baguio Villa [2008] HKEC
8 Kwok Ping Sheung Walter v. Sun Hung Kai Properties Ltd & Others [HCA 857/2008 & CACV 145/2008] Nicholas Hill v. Alvarez & Marsal Asia Ltd. [HCA 56/2008 & HCMP 2461/2006] Cityability Ltd. v. Treasure Spot Investments Ltd. [2010] HKEC 148 Successfully defending a HK$40million fraud/conspiracy claim Re Wing Fai Construction Co. Ltd. [2010] HKEC 644 Peter De Krassel v. Chu & Ors [HCA 1151/2005] Lehman & Co. Management Ltd. v Effiscient Ltd. & Another [2011] HKLRD 237 Grant Williams v Jefferies (Asia) Ltd. [HCA 320/2010] Publications Contributing Editor, Hong Kong Civil Procedure: "Hong Kong White Book" ( ) Contributing Editor, Hong Kong Insurance Law (2003 & 2009) Contributing Editor, Halsbury's Laws of Hong Kong: Volume 15(1) Insurance (2007) Exclusive Contributor (Hong Kong), International Law Office: Insurance & Reinsurance ( ) Professional Recognition Firm Hong Kong Law Firm of the Year Chambers Asia Pacific HWB s commercial dispute resolution, insurance and employment practice groups are consistently ranked by Asia Pacific Legal 500 and Chambers Asia Pacific Self Kevin is consistently recognised as a leading commercial dispute resolution, insurance and employment lawyer by Asia Pacific Legal 500, Chambers Asia Pacific, Global Law Experts and Euromoney's Legal Who's Who Hong Kong 7
9 Our Team Louise Greene Senior Associate Louise s primary area of practice is in complex, multi-jurisdictional commercial litigation and dispute resolution. She has particular experience in insurance (including professional indemnity, D&O liability, reinsurance and related claims), insolvency and shareholder disputes. She also has extensive experience in property and building management disputes, debt recovery, sale of goods, trade finance, media law, commercial fraud, injunction, jurisdictional challenges, judicial reviews, defamation and related litigation. Louise was admitted in Hong Kong in 2007 and in England and Wales in Ying Ying Ho Senior Associate Ying Ying qualified as a solicitor in New South Wales, Australia in 2004, Hong Kong in 2007 and England & Wales in She specialises in commercial and professional negligence litigation and disciplinary proceedings. She also has extensive experience in shareholders dispute, debt recovery, sale of goods, commercial fraud, injunction and related litigation. Ying Ying s experience also includes advising on a full range of contentious and non-contentious employment matters. Ying Ying is fluent in English, Cantonese and Mandarin. Polly Hui Associate Polly joined HWB in 2012 as a Trainee Solicitor and was admitted as a Hong Kong Solicitor in During her traineeship Polly gained experience in commercial litigation; medico-legal and healthcare; family and matrimonial and corporate/corporate finance. Polly joined the commercial dispute resolution team on qualification. Before becoming a lawyer, Polly was a journalist and has reported on both local and international news for major media organisations including the South China Morning Post, The Wall Street Journal and Agence France-Presse. Polly is fluent in English, Cantonese and Mandarin. 8
10 Tony Leung Associate Tony joined HWB as a Trainee Solicitor in He completed his training contract and was admitted as a Solicitor in Hong Kong in Tony has gained experience in general commercial, shipping and medico-legal litigation and corporate/corporate finance work. Tony joined HWB's commercial dispute resolution team on qualification. Tony is fluent in English, Cantonese and Mandarin. 9
11 10
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