Profile
Eugene Fung has a litigation and advisory practice, principally in the areas of trusts, wills, probate, tax, land law and professional negligence. He also undertakes general commercial litigation, with particular emphasis on disputes involving breach of fiduciary duty, restitution, agency and civil fraud. For trusts and probate work, he is regularly involved in applications for court directions on behalf of trustees, executors, administrators and committees of the estate. He also has considerable experience in tax litigation acting for the Inland Revenue Department and taxpayers on matters involving profits tax, salaries tax, stamp duty and (the now-abolished) estate duty. Experience
Equity / Trust
Lau Koon Ying Matthew v Lau Tark Wing [2021] 4 HKLRD 535 (CA) (Breach of fiduciary duties – whether compound or simple interest on sums found due upon taking of accounts)Tao Soh Ngun (aka Lo To Li Kwan) v HSBC International Trustee Ltd [2019] HKCFI 1268 (CFI) (Whether trustee has failed to comply with the wishes of a de-facto settlor of a discretionary trust and has breached its duties as trustee)Li Shiu To v Cheung Pik Ng et al [2018] 1 HKLRD 934 (CFI) (Construction of Civil Liability (Contribution) Ordinance in a case involving allegations of dishonest assistance)HSBC Trustee (Hong Kong) Ltd v Alexander Laufer et al [2017] 2 HKC 17 (CFI) (Whether trustee should pay foreign tax and how such tax should be borne as between the beneficiaries)HSBC Institutional Trust Services (Asia) Ltd v Tin Lik et al [2012] 1 HKLRD 702 (CA) (Administration of trust – trustee seeking approval of court in exercise of fiduciary duty)Law Shuk Hoi v Law Lok Fung Kenneth et al [2010] 4 HKLRD 316 (CFI), [2011] 5 HKLRD 23 (CA) (Construction of a letter of wishes – whether trust power or mere power) Luo Xing Juan Angela v Estate of Hui Shui See et al (2009) 12 HKCFAR 1 (CFA) (Common intention constructive trust – promissory estoppel)Ip Man Shan Henry v Ching Hing Construction Ltd [2003] 1 HKC 256 (CFI) & (CACV 185 & 186 of 2003, 04.02.05) (CA) (Beneficial ownership – whether land should be held on resulting trust or constructive trust) Probate / Succession Norman Guy Donald & Lai Kar Yan Derek v Li Pak Huen et al [2024] HKCFI 645 (Administration of estate – adverse possession of part of family property – whether the administrators are entitled to an order for sale of the entire property)Re Estate of Li Sing Kui [2022] 4 HKC 420 (CFI); [2023] HKCA 1032 (Will – whether a disposition in a will found to have infringed the rules against perpetuities is void or is held on a discretionary trust)Re WSY [2022] 4 HKC 1 (CFI) (Mental Health – making of a statutory will for a mentally incapacitated person (MIP) and setting up of a discretionary trust for the MIP’s son)Stella Maria Da Silva v HSBC Trustee (Hong Kong) Ltd [2010] 1 HKLRD 340 (CFI) (Will - entitlement to remainder interest in deceased’s estate - whether class intended to close upon acceleration of subsequent interest - construction of will)Advising and appearing in court for the administrators pendente lite in the Estate of the late Nina Wang, including obtaining a Mareva injunction to preserve the assets of the Estate: Chinachem Charitable Foundation Ltd v Chan Chun Chuen [2012] 1 HKC 587 Tax / Revenue John Wiley & Sons UK2 LLP v Collector of Stamp Revenue [2024] 3 HKLRD 689 (CA) (Stamp duty – meaning of “issued shared capital” in s 45 of Stamp Duty Ordinance – whether a limited liability partnership is entitled to stamp duty relief)Dr Leung Ka-lau v CIR (2023) 26 HKCFAR 539 (CFA) (Salaries tax – whether a payment made to compensate for the loss of an employee’s contractual entitlements to rest days and holidays as a result of being required to render services on such days is income from employment under s 8 of the Inland Revenue Ordinance)CIR v Koo Ming Kown (2022) 25 HKCFAR 233 (CFA) (Additional tax – whether a director is personally assessed for the profits tax of the company under ss 57 and 82A of the Inland Revenue Ordinance) (Appearing as amicus curiae)China Mobile Hong Kong Co Ltd v CIR [2020] HKCFI 1649 (CFI); [2022] 5 HKLRD 666 (CA) (Profits tax – whether spectrum utilisation fees paid are revenue or capital in nature)Ho Kwok Tai v Collector of Stamp Revenue [2016] 5 HKLRD 713 (CA) (Stamp duty – partial refund of ad valorem duty – proper construction of s 29DF of the Stamp Duty Ordinance)CIR v Church Body of the Hong Kong Sheng Kung Hui (2016) 19 HKCFAR 54 (CFA) (Profits tax – intention to trade – whether “enhancement for realisation” principle exists)Turner Entertainment Networks Asia Inc v CIR [2015] 3 HKLRD 295 (CA) (Profits tax – proper construction of ss 15(1)(a), (b) and (ba) of the Inland Revenue Ordinance)CIR v Nice Cheer Investment Ltd (2013) 16 HKCFAR 813 (CFA) (Profits tax - proper construction of “profits” in s 14 of the Inland Revenue Ordinance - whether unrealised profits are subject to profits tax)Braitrim (Far East) Ltd v CIR [2013] 4 HKLRD 329 (CA); (2013) 16 HKCFAR 519 (CFA) (Profits tax - proper construction of s 16G of the Inland Revenue Ordinance - whether statutory definition of “lease” is applicable) CIR v Li & Fung (Trading) Ltd (HCIA 3/10, 18.04.11) (CFI); [2012] 3 HKLRD 8 (CA) (Profits tax - source of profits) Tungtex Trading Co Ltd v CIR [2012] 2 HKLRD 456 (CFI) (Profits tax - whether case stated should be remitted back to the Board of Review for amendment) CIR v CG Lighting Ltd [2010] 3 HKLRD 110 (CFI), [2011] 2 HKLRD 763 (CA) (Profits tax - source of profits - apportionment of tax) CIR v Datatronic Ltd (HCIA 3 & 4/07, 13.06.08) (CFI); [2009] 4 HKLRD 675 (CA) (Profits tax - source of profits) CIR v Tai Hing Cotton Mill (Development) Ltd [2006] 2 HKLRD 325 (CFI); [2007] 2 HKLRD 380 (CA); (2007) 10 HKCFAR 704 (CFA) (Profits tax - whether scheme caught by s 61A) Lam Soon Trademark Ltd v CIR [2005] 4 HKLRD 652 (CA); (2006) 9 HKCFAR 391 (CFA) (Profits tax - whether the issue of additional assessment was valid) Arrowtown Assets Ltd v Collector of Stamps (2003) 6 HKCFAR 517 (CFA) (Stamp duty - tax avoidance - application of s 45 of Stamp Duty Ordinance and the Ramsay principle) Shiu Wing Ltd v Commissioner of Estate Duty [1999] 1 HKLRD 367 (CFI); [1999] 3 HKLRD 162 (CA); (2000) 3 HKCFAR 215 (CFA) (Estate duty - tax avoidance - application of Ramsay principle) Chinachem Financial Services Ltd v Century Venture Holdings Ltd [2023] HKCFI 457 (CFI) (Breach of contract – whether remuneration should be paid under the contract for services rendered or on the basis of unjust enrichment)Tin Lik v Deutsche Bank AG et al (HCCL 17/11, 15.02.16) (CFI); (CACV 145/2016, 23.06.2017) (CA) (Breach of contract - whether a commercial trustee is liable to beneficiary for money retained by the trust - set-off)De Krassel v Chu et al [2010] 2 HKLRD 937 (CFI) (Conspiracy to defraud by unlawful means - conspiracy to injure - unlawful interference - inducement of breach of contract) Esquire (Electronics) Ltd v HSBC [2005] 3 HKLRD 358 (CFI); [2007] 3 HKLRD 439 (CA) (Banking - undue influence - economic duress - breach of fiduciary duty) Civil Fraud / Asset Recovery
Pacific Electric Wire & Cable Co Ltd v Hu Hung Chiu et al (CACV 90-96/2013, 17.09.13) (CA); (2014) 17 HKCFAR 710 (CFA) (Breach of fiduciary duties – whether findings of fact should be overturned on appeal)Akai Holdings Ltd (in liq) v Kasikornbank PLC (HCCL 59/04, 26.05.08) (CFI); [2010] 3 HKC 153 (CA); (2010) 13 HKCFAR 479 (CFA) (Authority of director - knowing receipt - dishonest assistance) Wui Fung Lee Investment Co Ltd v The Incorporated Owners of Hong Kong Mansion [2021] 1 HKLRD 408 (CA) (Land law – whether a space in a building is part of the common areas)Uni-creation Investment Ltd v Secretary for Justice [2017] 2 HKLRD 139 (Land law – construction of an offensive trade clause in a Government Lease)United Bright Ltd v Secretary for Justice [2015] 2 HKLRD 633 (Land law – construction of Conditions of Sale – admissibility of extrinsic evidence in private correspondence or minutes in interpretation of document registered in Land Registry) Wing Fung Credit Ltd v Fred Kam & Co (a firm) (trial in June 2024; judgment pending) (Mortgage fraud – whether solicitors had a duty to verify the identity of the borrower, to confirm that the borrower was the registered owner of the mortgaged property, and to advise on the title of the mortgaged property)Gain Global Corporation Ltd v Fongs (a firm) [2024] 2 HKLRD 399 (CFI) (Mortgage fraud – whether solicitors failed to verify the identity of the borrower and to satisfy themselves that the borrower had good title to the property)Bright Gold Ltd v Mega Well Development Ltd [2019] 5 HKC 164 (CFI) (Whether solicitors were negligent in representing its clients in a conveyancing transaction in relation to the size of the property)Also representing/advising a number of solicitors to defend professional negligence claims involving mortgage fraud 
