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Alan T. S. Yip

Alan T. S. Yip

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Media Coverage
7 August 2013
Sing Tao Daily
Hong Kong Real Estate partner Alan Yip was interviewed by Sing Tao Daily in July 2013 to share his views on the implementation of the Residential Properties (First-hand Sales) Ordinance.
Legal Update
30 July 2013
Mayer Brown JSM Legal Update
On 29 July 2013, the Building Authority (BA) issued a letter to all authorised persons, registered structural engineers and registered geotechnical engineers informing them that, when submitting new general building plans for any proposed alteration and addition (A&A) works to an existing building on or after 30 July 2013, if the proposed A&A works involve erection of a "new building", then the applicant is required to submit ownership proof of the land forming the site.
Legal Update
26 July 2013
Mayer Brown JSM Legal Update
On 29 May 2013, the Court of Appeal delivered its judgment in the case Wong King Lim and The Incorporated Owners of Peony House (CACV 3/2012) dismissing an appeal lodged by the Incorporated Owners (IO) of Peony House from a judgment of the District Court which held that a strip of land forming part of the common areas of a multi-storey building has been adversely possessed by a squatter for over 12 years and that the IO ceased to have the right to recover possession of such common area.
Legal Update
22 February 2013
Mayer Brown JSM Legal Update
The Financial Secretary of Hong Kong, Mr. John Tsang, announced today (22 February 2013) that further stamp duty measures will be implemented, all effective starting in the mid-night on 23 February 2013. This legal update highlights certain key aspects of those new measures.
Article
30 January 2013
South China Morning Post
In a Point of Law article in the South China Morning Post, "Adverse Possession: Filling in the gaps on squatter's title", published 30 January 2013, Alan Yip discusses the Law Reform Commission's proposal to overhaul the law on adverse possession.
Legal Update
16 January 2013
Mayer Brown JSM Legal Update

The Chief Executive, Mr. C.Y. Leung, presented his first Policy Address to the Legislative Council on 16 January 2013.

The Chief Executive used an extensive part (paragraphs 49 to 91) of the Policy Address to lay out the short, medium and long term strategy to deal with Hong Kong's housing and land problems.

Legal Update
7 January 2013
Mayer Brown JSM Legal Update
 On 19 November 2012, Mr. Justice of Appeal Johnson Lam handed down his judgment in the case Building Authority v. Appeal Tribunal (Buildings) HCAL60/2011, where he allowed the Building Authority’s (BA) judicial review application to quash a decision of the Appeal Tribunal, which allowed a building appeal lodged by the developer in relation to the building plans for redevelopment of Wang Fung Terrace.
Legal Update
28 December 2012
Mayer Brown JSM Legal Update
On 28 December 2012, the Government gazetted the Stamp Duty (Amendment) Bill 2012 to (a) adjust the duty rates and extend the holding period in relation to Special Stamp Duty (SSD) and (b) introduce Buyer’s Stamp Duty (BSD) on residential properties acquired by any person or company except a Hong Kong Permanent Resident (HKPR).
Legal Update
11 December 2012
Mayer Brown JSM Legal Update
On 10 December 2012, the Adverse Possession Sub-committee of the Law Reform Commission released a consultation paper at a press conference, making preliminary proposals for the reform of the law on adverse possession.
Legal Update
27 November 2012
Mayer Brown JSM Legal Update

On 29 October and 1 November 2012, we published the first and second of two legal updates on the introduction of Buyer's Stamp Duty (BSD) and the adjusted rates and extension of the holding period in respect of Special Stamp Duty (SSD).

Exemption for redevelopment purposes?

BSD is chargeable on all sales and purchases of residential flats except where a buyer is a Hong Kong Permanent Resident (HKPR).

The Government says that exemption will be given for the acquisition of residential properties for redevelopment purposes, but how this will work is not yet clearly defined.

Legal Update
26 November 2012
Mayer Brown JSM Legal Update
On 22 November 2012, Mr. Justice of Appeal Johnson Lam handed down his judgment in the case Building Authority and Appeal Tribunal (Buildings) and Long Winner Development Limited (HCAL 45/2012), where he dismissed the Building Authority's (BA) application for judicial review of the decision of the Appeal Tribunal (Buildings) to reverse the BA's decision to reject the Superstructure Plans submitted by the developer, Long Winner Development Limited (Long Winner).
Legal Update
1 November 2012
Mayer Brown JSM Legal Update

On 29 October 2012, we published a legal update on the introduction of the Buyer's Stamp Duty (BSD) and the adjusted rates and extension of the holding period in respect of the Special Stamp Duty (SSD).

Transfer of shares in land holding company

BSD is chargeable on all sales and purchases of residential flats except where a buyer is a Hong Kong Permanent Resident (HKPR).

The question arises as to whether BSD may be avoided if an owner (being a company) transfers its residential flat to its subsidiary, and then transfers the shares of the subsidiary to a non-HKPR buyer.

Legal Update
29 October 2012
Mayer Brown JSM Legal Update
With a view to suppressing the property speculation in Hong Kong, the Financial Secretary has, on 26 October 2012, announced that Government will amend the Stamp Duty Ordinance to introduce two new measures on residential flats with effect from 27 October 2012.
Legal Update
11 September 2012
Mayer Brown JSM Legal Update
On 5 Sept 2012, Mr. Justice Reyes of the Court of First Instance handed down his judgment in the case Lindenford Limited v Town Planning Board (HCAL 51/2011), where he dismissed a developer's application for judicial review of the decision of the Town Planning Board ("TPB") to impose building heights and building gap restrictions on a site in a draft Outline Zoning Plan ("OZP").
Legal Update
19 March 2012
Mayer Brown JSM Legal Update
On 20 December 2012, we published a legal update ("The Clock is Ticking: Be prepared for the forthcoming legislation to regulate the sale of first-hand residential flats in Hong Kong") which highlighted a few important measures proposed by the bill entitled the "Residential Properties (First-hand Sales) Bill" (the "Bill").After the two-month consultation period, the Transport and Housing Bureau introduced the Bill into the Legislative Council on 16 March 2012. The first reading of the Bill is scheduled for 21 March 2012.
Article
1 January 2012
Legal Update
28 December 2011
Mayer Brown JSM Legal Update
On 20 December 2011, the Court of First Instance handed down a judgment in the case Building Authority v Appeal Tribunal (Buildings) (HCAL 20/2011), where it held that the Building Authority ("BA") is entitled to require an applicant to demonstrate ownership or realistic prospect of control of the land forming the "site" when processing general building plans application.
Legal Update
20 December 2011
Mayer Brown JSM Legal Update
On 30 November 2011, the Government introduced the Mediation Bill into the Legislative Council. Unlike draft versions of the Mediation Bill, no provision is made for creating a single accreditation body for mediators.
Legal Update
29 November 2011
Mayer Brown JSM Legal Update
On 25 November 2011, the Government gazetted the Buildings Legislation (Amendments) Bill 2011 (the "Bill") which contains the following five new measures with a view to enhancing building safety.
Legal Update
24 November 2011
Mayer Brown JSM Legal Update
On 21 November 2011, the Court of First Instance handed down a judgment in the case Turbo Top Limited v Town Planning Board (HCAL 23/2011 and HCAL 52/2011), where it held that the Town Planning Board ("TPB"), in exercising its powers under the Town Planning Ordinance ("TPO") to amend outline zoning plans ("OZP"), is entitled to impose specific restrictions on a particular building (which is commonly described as "spot zoning").
Legal Update
10 October 2011
Mayer Brown JSM Legal Update
On 3 October 2011, the Court of First Instance handed down a judgment in Hero Limited and others v. The Director of Planning (HCAL 3/2011) which concerned the interpretation of the term "shrine" used in the Outline Zoning Plan ("OZP"): is a shrine confined to a place of worship for a deity or saint or can it also include a receptacle for revered objects including cremated ashes of deceased people? The Court held that a "shrine" cannot be interpreted to include a place which, in substance, is a columbarium. This is relevant in the context of compliance with the permitted user provisions in the relevant OZP.
Legal Update
3 October 2011
Mayer Brown JSM Legal Update
On 22 September 2011, the Court of Appeal handed down a judgment in the case Tam Sze Man and Wise Step International Limited v. The Incorporated Owners of Shan Tsui Court (CACV 30/2011), which concerned the removal of the partition wall between two adjoining flats. The partition wall was not a structural or load-bearing wall. The Court held that the partition wall does not form part of the common area of the building and thus its removal did not constitute a structural alteration.
Legal Update
7 September 2011
Mayer Brown JSM Legal Update
On 29 August 2011, the High Court handed down a judgment in the case Re: Ho Mei Ling (HCAL 51/2011), which concerned an application for leave to apply for judicial review taken out by a resident of Stage 8 of Mei Foo Sun Chuen. The action was launched against the decision of the Building Authority (the "BA") to approve building plans in the estate.
News Releases
11 April 2011
Mayer Brown JSM, a leading global law firm, is pleased to announce that it advised Lingrade Development Limited in its successful appeal before the Court of Final Appeal against the Hong Kong Government for compensation under the Railways Ordinance.
Article
1 January 2011

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