Esther Mak
麥凱淇 大律師
麥凱淇 大律師
“Esther’s thorough approach ensured that every aspect of her work was not only clear and precise but also strategically aligned with our overall objectives.” – Chambers & Partners (Greater China) (2026)
Call: 2019 (HK)

學歷

  • BCL, University of Oxford (Distinction, First Class in all subjects)
  • BA in Jurisprudence, University of Oxford (First Class Honours)

聯絡方法

電郵:emak@templechambers.com
電話:(+852) 2523 2003

秘書

姓名:Sarah Liu
電郵:sarahliu@templechambers.com
電話:(+852) 2248 1886

引述

語言

English, Cantonese and Putonghua

經驗

  • 商業糾紛
  • 公司法
  • 破產清盤
  • 仲裁
  • 禁制令 / 藐視法庭
  • 民事欺詐 / 資產追回
  • 歸還索償 / 不當得益
  • 遺產 / 繼承
  • 衡平法 / 信託
  • 精神健康
  • 證券法及監管
  • 專業責任
  • 銀行 / 金融
  • 衝突法
  • 財產及物業轉移
  • 稅務
  • 公法 / 司法覆核
  • 出版刊物

  • Associate Editor, Oxford University Commonwealth Law Journal (2016-17)
  • Senior Associate Editor, Oxford University Undergraduate Law Journal (2015-16)
  • Associate Editor, Oxford University Undergraduate Law Journal (2014-15)
  • 獎學金 / 獎項

  • Bar Scholarship
  • Robertson Prize for the best performance in civil litigation in Postgraduate Certificate in Laws
  • Hou De Charitable Foundation Scholarship for Postgraduate Certificate in Laws
  • 7 King’s Bench Walk Commercial Law Moot – Champion and Best Oralist
  • University College Prize for outstanding performance in Final Honour School
  • Peter Rowley Prize for the best performance in the Land Law paper in Final Honour School examinations, awarded by University College
  • University College Scholarship for academic excellence
  • Hogan Lovells Academic Prize for the best results in Law Moderations, awarded by University College
  • Swire Scholarship–Full scholarship for three years to read law at University College, Oxford
  • 專業經驗

    Esther joined Chambers after completing her pupillage with Ms Eva Sit (now Ms Eva Sit SC), Ms Maggie Wong SC, Ms Sara Tong (now Ms Sara Tong SC) and Mr Jonathan Chang (now Mr Jonathan Chang SC). She maintains a broad civil practice with a particular focus on commercial, company, civil fraud, probate, professional liability, insolvency and injunctive matters.

    Esther is ranked in Chambers & Partners (Greater China) (2026) as an “up and coming” barrister in Trusts, Probate & Succession, and in the Legal 500 Asia-Pacific (2026) as a “rising star” in Commercial Disputes. She is recommended as “one of the brightest and most hardworking junior counsel”, and as “strong technically, responsive, and diligent”. She is also described as “thorough, pragmatic”, and commended for “present[ing] her arguments in a clear and persuasive manner”.

    Prior to joining the Bar, Esther received a first-class honours degree in Jurisprudence from the University of Oxford, followed by the Bachelor of Civil Law, where she achieved distinctions in all subjects.

    案件選例

    商業糾紛+
  • Highfit Development Co. Limited (in liquidation) v Koo Siu Ying & ors HCA 494/2015: 8-day trial of claim in breach of fiduciary duties for RMB 690 million; issues of Duomatic principle, limitation and laches (led by Eva Sit SC)
  • Shown Wai Investment Company Limited v Hui Yip Wing David HCA 2959/2015: 12-day trial involving the Chinachem Group’s claim in breach of fiduciary duties against former CEO and issues of de facto directorship (led by Sara Tong SC and with Eugene Kwan)
  • Sociedade Nacional de Combustíveis de Angola, EP v CSIL Limited HCA 1243/2024; [2025] HKCFI 3104: Recovery of a US$250 million loan; post-judgment injunctive relief (led by Charles Manzoni SC)
  • The Lutheran Church - Missouri Synod v Hong Kong International School Association Limited HCA 1708/2025: Claims for breaches of operating agreement over fundamental differences in operation of an international school and school leadership (led by Benjamin Yu SC and Bernard Man SC)
  • Soremi Investments Limited v China National Gold Group Hong Kong Limited and China National Gold Group Co., Ltd [2026] HKCFI 4046: Action alleging misappropriation of assets through conversion, breach of fiduciary duty, dishonest assistance and conspiracy to frustrate enforcement of arbitral award; application to set aside leave to serve the proceedings out of the jurisdiction (led by Victor Joffe SC)
  • Xue Xiaoyun v Susan Yung and BOCI Securities Limited [2025] 5 HKLRD 473: 5-day trial on financial institution negligence and negligent misstatements; issues of duty of care and assumption of responsibility on information provided by relationship manager to client in informal context (as sole advocate)
  • Yu QuanLi and Lou XiaoJie v UBS AG HCA 2975/2018: Claims against UBS AG in breach of contract, negligence and vicarious liability for tort and breach of Quistclose trust (led by Sara Tong SC)
  • Chen Lingxia v 中 國 金 谷 國 際 信 託 有 限 責 任 公 司 & ors [2021] HKCFI 982: Application for stay of Hong Kong proceedings on ground of forum non conveniens (led by Laurence Li SC)
  • Paloma Co Ltd v Capxon Electronic Industrial Co Ltd [2020] HKCFI 3050: Application for appointment of receivers by way of equitable execution and Chabra injunction (led by José Maurellet SC)
  • Credit One Finance Ltd v Yeung Kwok Chi & ors [2020] HKCFI 2450; [2021] 1 HKC 598: 6-day trial on validity of power of attorney used for loan agreement; unjust enrichment by payment into joint account; whether reliance necessary for change of position defence (led by Jonathan Chang SC)
  • Zhang Qiang v Cisco Systems (HK) Limited [2021] HKCFI 694: 8-day trial on breach of contract and wrongful termination (led by Jin Pao SC)
  • Bank of Communications Trustee Ltd v China Energy Reserve and Chemical Group Overseas Co Ltd & anor HCA 146/2020; [2021] HKCFI 486: Claims on default of bonds issued by the China Energy Reserve and Chemical Group; Quistclose trust over payment of funds into treasury account for redemption of bonds (led by Charles Manzoni SC and with Sara Tong)
  • Guoan International Limited v Chong Chin & Yao Sze Ling: Proceedings in respect of maturity of convertible bonds issued for purchase of securities brokerage firm (for stay of execution pending appeal: see [2022] HKCFI 367) (led by Laurence Li SC)
  • Giant Harvest Ltd v Nan Hai Corporation Ltd & anor [2021] HKCFI 870: Application for leave to adduce expert evidence in dispute concerning share purchase agreement of cinema business in China (led by Eva Sit SC)
  • Kot See For v Lam Man Cheung & ors [2021] HKCFI 1029: Striking-out application of claims in unjust enrichment and constructive trust (with Sara Tong); [2021] HKCFI 1902: leave to appeal (sole advocate)
  • Cinda Fund Management Co., Ltd v Yihua Lifestyle Technology Co Ltd & anor HCMP 370/2023: Enforcement of a Mainland judgment in Hong Kong and application for Mareva injunctions (led by Sara Tong SC)
    • Green Elite Limited (in liquidation) v Fang Ankong and HWH Holdings Limited: Common law enforcement of a BVI judgment pending appeal to Privy Council and related applications:
      • [2024] HKCFI 1349: plaintiff’s application for summary judgment and defendants’ application for interim stay of the action (sole advocate)
      • [2024] HKCFI 1191: application for Mareva injunction (sole advocate)
  • Sichuan International Investment Development Limited (in liquidation) v Hongkong Hongde Industrial Group Limited HCA 1910/2023: Claims of conspiracy to injure and breach of fiduciary duties (led by Jonathan Chang SC)
  • Helms-Man Transformers Company Limited & anor v Toy State International Limited [2023] HKDC 541: Trial of claims for breach of sale and purchase contracts and guarantee (sole advocate)
  • 公司法+
  • Re Clarity Medical Group Holding Ltd [2026] 3 HKLRD 507: Application for leave to bring statutory derivative action on behalf of company; issues of standing of CCSS participant who was never registered as member; effect of bankruptcy order on entitlement to be registered (led by Bernard Man SC)
  • Re Yanley Investment Limited HCMP 98/2017 & HCA 1060/2017: Trial in respect of unfair prejudice petition (led by Benjamin Yu SC and with Sara Tong)
  • Barlow Investments Limited (in liquidation) v Cliftons Limited (in creditors’ voluntary winding up) & anor [2021] HKCFI 1193, [2021] 4 HKC 382: Application to reverse decision in creditors’ meeting under section 255 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (led by Eva Sit SC)
  • Chin Choon Oon and Jong Yat Kit v Lai Sum Hung & ors HCA 1227/2022: Claims by the Committee of the estate of a mentally incapacitated person concerning invalidity of appointment of directors, allotment of shares and amendment of articles; issues of Duomatic principle and irregularity principle (with Keith Lam)
  • Elliott International LP & ors v The Bank of East Asia Ltd & ors [2020] HKCFI 310: Discovery applications in unfair prejudice petition against the Bank for entrenching management control by share placements (led by Benjamin Yu SC and Bernard Man SC, with Brian Lee)
  • 破產清盤+
  • Re Shift Energy Asia Limited [2025] HKCFI 6415: Winding-up petition; application of Re Guy Lam when the existence of an arbitration agreement is contested; effect of foreign governing law on displacing the Guy Lam discretion (as sole advocate)
  • Re Goldstone Holdings Limited [2025] HKCFI 2778: Winding-up petition grounded in breach of share subscription agreement for failure to allot shares within reasonable time; effect of termination and unjust enrichment (as sole advocate)
  • AI Global Investment SPC v Rare Earth Magnesium Technology Group Holdings Ltd [2022] HKCFI 1317: Winding-up petition; issues concerning restructuring scheme of arrangement and second core requirement (led by José Maurellet SC)
  • Chen Yung Ngai Kenneth & anor v Alan Chung Wah Tang & anor [2022] HKCA 110: Application by trustees-in-bankruptcy to seek production of information and documents relating to litigation funding under section 29 of the Bankruptcy Ordinance (Cap. 6) (led by Bernard Man SC)
  • Yeo Boon Ann and Chan Leung Lee (Joint and Several Trustees in bankruptcy of Margaret Chiu) v Marspan Limited & anor [2021] HKCFI 2799; [2021] 6 HKC 683: Application by trustees-in-bankruptcy under section 58 of the Bankruptcy Ordinance (Cap. 6) (led by Jin Pao SC)
  • Re Dingway Investment Limited: Application by provisional liquidators to obtain orders under sections 227A and 227B of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (sole advocate)
  • Re Fang Sau Mei Angel HCB 1023/2023: Bankruptcy petition; jurisdictional requirements in section 4(1) of the Bankruptcy Ordinance (Cap. 6) (sole advocate)
  • 仲裁+
  • LY v HW [2026] HKCA 936: Appeal from order dismissing application to set aside arbitral award under section 81 of the Arbitration Ordinance (Cap. 609); arbitral tribunal’s alleged failure to deal with key issues; extent of tribunal’s failure to give reasons (led by Charles Manzoni SC)
  • P1 & P2 v D [2025] HKCFI 2446; [2025] HKCFI 5584: Application to set aside arbitral award on grounds of, inter alia, arbitral tribunal’s subconscious bias from exposure to without prejudice material (led by Bernard Man SC)
  • X v Y [2020] HKCFI 2782; [2021] 2 HKC 68: Application to set aside enforcement order for arbitral award under section 86 of the Arbitration Ordinance (Cap. 609); scope of submission to arbitration with conflicting dispute resolution clauses; centre of gravity test (led by Jonathan Chang SC and with Martin Ho)
  • Z v R HCCT 11/2021: Application for leave to set aside arbitral award (led by Bernard Man SC)
  • HKIAC Rules: Dispute over share sale and repurchase transaction involving claims of around US$500 million (led by Charles Manzoni SC)
  • HKIAC Rules: Enforcement of obligations and proprietary rights under sale and purchase agreement (led by Rimsky Yuen SC)
  • HKIAC Rules: Dispute over sale of goods agreements (sole advocate)
  • 民事欺詐 / 資產追回+
  • Flame Asia Resources Ptd Ltd v Full Idea Trading Ltd & ors HCA 1483/2025: Claims of breach of fiduciary duty (including creditor duty) and unlawful means conspiracy in enforcement of SIAC arbitral award; application for Mareva injunctions against controlling individuals behind the party to the award (led by Eva Sit SC)
  • Dingway Investment Limited v China City Construction & Development Co (Hong Kong) Limited & ors [2022] 4 HKLRD 67: Application for Mareva and proprietary injunctions; issues of reflective loss and the availability of proprietary relief under the Chabra jurisdiction (led by Rimsky Yuen SC)
    • Kot See For v Lam Man Cheung & ors
      • Appeal against disclosure orders on grounds of privilege against self-incrimination; safeguards for protection against risk of exposure to criminal proceedings [2021] HKCA 348; [2021] 2 HKLRD 263; [2021] 4 HKC 185 (leave to appeal to the Court of Final Appeal: see [2021] HKCFA 31) (led by Rimsky Yuen SC)
      • Application for proprietary injunction and ancillary disclosure orders on conspiracy to injure and fraudulent misrepresentation claims: [2019] HKCFI 1871 (with Sara Tong)
  • Malayan Banking Berhad, Singapore Branch v Legend Six Holdings Ltd & anor [2020] HKCFI 990: Pre-action discovery for intended proceedings for letter of credit fraud (led by Victor Dawes SC)
  • TTI Global Resources Hong Kong Ltd v Hongkong Myphone Technology Co Ltd & ors [2021] HKCFI 306: Summary judgment for email fraud; issues of whether bona fide purchaser for value defence and change of position defence defeated by illegality (sole advocate)
  • 遺產 / 繼承
    • Re Estate of Ip Chan Kee:
      • [2026] HKCA 1443: Appeal from trial; first appeal court judgment in Hong Kong considering a claim of fraudulent calumny
      • [2025] HKCFI 657: 18-day trial on validity of will, fraudulent calumny, testamentary capacity, knowledge and approval (led by Jonathan Chang SC)
  • Re Estate of Ng Yuet Chiu HCAP 31/2022: Action by executrices to propound a will (led by Sara Tong SC)
  • Re Estate of Lo Pui Wai Jamie HCAP 35/2024: Dispute on validity of will (as sole counsel)
  • 衡平法 / 信託
  • Poon Loi Tak (Administrator of the late Poon Nuen) v Poon Loi Cheung Desmond: 11-day trial on dispute amongst family members over beneficial ownership of credit balances in the deceased’s bank accounts; issues of presumption of advancement and resulting trust [2023] HKCFI 101 (with Sara Tong); [2024] 4 HKLRD 611 (on appeal, led by Paul Shieh SC)
  • Chan Sunny (as executor of the estate of deceased Kam Shan Lin) v Chen Min Chun & ors [2022] HKCFI 1659: Striking out of executor’s claim to trust assets on grounds of limitation, lack of locus standi and abuse of process (with Sara Tong)
  • 精神健康
  • Re Estate of NKS HCMH 31/2022: Acting for the committee appointed under Part II of the Mental Health Ordinance (Cap. 136) regarding disputed matters in the administration of the estate of a mentally incapacitated person (with Keith Lam)
  • 證券法及監管
  • Securities and Futures Commission v Adamas Asset Management (HK) Limited [2021] HKCFI 729: Acted for the SFC in winding up petition on public interest grounds and appointment of provisional liquidators (with Sara Tong)
  • Appeared on behalf of the SFC in SFAT proceedings against a principal investment adviser (with Sara Tong)
  • Advised on merits of intended proceedings under sections 212 and 214 Securities and Futures Ordinance (Cap. 571) (led by Eva Sit SC)
  • 專業責任+
  • CECEP COSTIN New Materials Group Limited v RSM Nelson Wheeler & anor HCA 435/2019: acted on behalf of auditing firm to defend an audit negligence claim (led by Sara Tong SC)
  • Appeared against accountants in proceedings before the Disciplinary Committee of the Hong Kong Institute of Certified Public Accountants on inter alia failure to identify misstatements in the accounts of China Forestry Holdings Co Ltd (with Sara Tong)
  • Acted for the Registrar of the Hong Kong Institute of Certified Public Accountants in adopting for the first time the Carecraft procedure in the context of accountants’ disciplinary proceedings under the Professional Accountants Ordinance (Cap. 50) (with Sara Tong)
  • The Practice Review Committee of the Hong Kong Institute of Certified Public Accountants v Li Sau Ying [2022] HKCA 319: appeared on behalf of the Practice Review Committee to resist appeal against the order of the Disciplinary Committee on the deficiencies in accounting system’s quality control and audit engagements (sole advocate)
  • Appeared on behalf of doctors in Medical Council Inquiry in proceedings concerning freedom of expression in dissemination of service information (led by Abraham Chan SC)
  • 禁制令 / 藐視法庭+
    • DAC China SOS (Barbados) SRL v Pacific Harbor Advisors Pte Ltd
      • Resisting discharge of proprietary injunction in aid of arbitration: [2020] HKCFI 365 (led by Rimsky Yuen SC)
      • Application for contempt of court on ground of failure to comply with undertakings and disclosure order; issues on attribution of director’s knowledge to company and personal liability of director: [2022] HKCFI 969 (led by Rimsky Yuen SC)
  • 浙 江 大 通 輕 紡 有 限 公 司 v He Bin & anor [2022] HKCFI 1987: Mareva injunction in proceedings for enforcement of PRC judgment in Hong Kong (sole advocate)
  • Airport Authority v Persons unlawfully and wilfully obstructing or interfering with the proper use of the Hong Kong International Airport [2019] HKCFI 2104: appeared on behalf of the Airport Authority in application to continue injunction over Hong Kong International Airport (led by Victor Dawes SC and with Jonathan Chang)
  • MTR Corporation Ltd v Persons unlawfully and wilfully obstructing or interfering with the proper use and operation of the railway as defined in the Mass Transit Railway Ordinance (Cap. 556) [2019] 4 HKRLD 446: appeared on behalf of the MTR Corporation Ltd in application to continue injunction over the MTR (led by Benjamin Yu SC and with Jonathan Chang)
  • Secretary for Justice & ors v Persons unlawfully conducting themselves in any of the acts prohibited under paragraph 1(a), (b) or (c) of the Indorsement of Claim [2019] 5 HKLRD 500: appeared on behalf of the Hong Kong Journalists Association to vary the injunction restraining “doxxing” against police officers to give exemption in respect of “news activity” by journalists and news agencies (led by Jin Pao SC and with Albert Wong)
  • 財產及物業轉移
  • Wing Ming Garment Factory Ltd v Sanwa Trading (HK) Ltd: Trial on common intention of parties regarding subject matter of property assignment; interpretation of Deed of Mutual Covenant; estoppel and abuse of process: [2021] HKCFI 3357; [2023] HKCA 691 (appeal) (led by Jonathan Chang SC)
  • Advising the Hong Kong Science and Technology Parks Corporation on lease enforcement matters (with Bonnie Cheng)
  • 僱傭
  • Asia Medicare (HK) Limited v Yuen Yin Fun and Cheung Wing Hei HCA 750/2022: acted on behalf of employee to defend claims for breach of duty of confidentiality and wrongful termination of employment, and to resist related injunctions (led by Sara Tong SC)
  • Yuen Yin Fun v Asia Medicare (HK) Limited HCA 319/2023: acted on behalf of employee in claim against former employer for outstanding bonus and other payments (sole advocate)
  • Altis Technology (Hong Kong) Limited & ors v Auyang Pak Hong Bernard HCA 543/2021: defended claims for breaches of non-compete and confidentiality clauses in employment contract (led by Victor Dawes SC)
  • 稅務
  • Ngai Sau Ying v Collector of Stamp Revenue [2019] HKCA 1104; [2019] 5 HKC 547: whether a transaction involving two assignments was an exchange, chargeability of stamp duty under sections 25(7) and 27 of the Stamp Duty Ordinance (Cap. 117) (led by Stewart Wong SC, appeared as amicus curiae)
  • 公法 / 司法覆核
  • SUNeVision Holdings Ltd v Hong Kong Science and Technology Parks Corporation [2020] HKCFI 548; [2022] 3 HKLRD 21: acted on behalf of the Hong Kong Science and Technology Parks Corporation in judicial review proceedings concerning its policy of restricting subletting and sharing of occupation (led by Wong Yan Lung SC and Eva Sit SC)
  • 其他
  • Poon Loi Tak (Administrator of the late Poon Nuen) v Poon Loi Cheung Desmond [2020] 1 HKLRD 511: application to expunge parts of witness statements and items of disclosure on ground of without prejudice privilege (with Sara Tong)
  • Tang Kwok Pang v Kot See For (2021) 24 HKCFAR 288: procedure upon non-prosecution of appeal and disposition of security paid into Court (sole advocate)
  • The Hong Kong Institute of Certified Public Accountants v Yeung Kwong Tat Edward [2021] HKCFI 1811: application for order under section 27 of the High Court Ordinance (Cap. 4) and restricted proceedings order (sole advocate)
  • Re Simpson QC [2019] 5 HKLRD 441: appeared on behalf of the Hong Kong Bar Association to resist ad hoc admission of overseas silk without instruction of local barrister (led by Gladys Li SC and Stewart Wong SC, with Anthony Chan)
  • 關於

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  • 調解員
  • 實習

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  • 暑期/冬季實習
  • 獎學金
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