Overview

Marina Fung is a partner of Mayer Brown. Marina has over 17 years experience in handling personal injury and insurance litigation. She has experience in all aspects of insurance litigation including advising on policy-related issues and defence of claims involving Motor Liability, Employees' Compensation, Contractors' All Risks and Public Liability. She has over 17 years experience in representing and defending premises’ owners and construction companies (e.g., Leighton, Dragages, Maeda, Gammon, Chun Wo, Gammon, Paul Y., Nishimatsu, Shui On etc.) in cases involving serious personal injury and fatal claims. She also handles claims for corporate clients including banks, power companies and land developers. She also has experience in advising and handling insurance-related mediations and arbitrations.

Marina is an accredited general mediator of the Hong Kong Mediation Accreditation Association Limited.

Spoken Languages

  • English

Experience

  • Successfully defended for a global insurer in a Court of Appeal case which involved a suspicious work injury claim resulting in dismissal of the claim and substantial recovery of costs against the Applicant [Wan Jingyi v. Hoo Chun Wing t/a Kai Chun Good Well and Another, CACV No. 105 of 2016] (Court of Appeal’s decision on 21 February 2017).
  • Acting for an electric company in numerous work injury claims in the Lamma Ferry incident which resulted in multiple fatalities and injuries.
  • Successfully overturned a trial judge’s finding of liability against the defendant driver in a traffic accident case resulting in recovery of substantial costs against the plaintiff [Kwong Ka Yin v. Cheung Hing Worldwide Ltd and Another, CACV No. 178 of 2014] (Court of Appeal’s decision on 12 March 2015).
  • Acting for a quasi-governmental body in an HK$80 million claim involving a motor vehicle accident that rendered a 16-year-old girl a paraplegic, and achieving an amicable settlement following the landmark decision on new discount rate for multipliers in Li Ka Wai v. Hospital Authority HCPI 671 of 2007 (following the recent changes in the UK law following the Privy Council’s decision of Dylan Simon v. Manuel Paul Helmot by his next friends and guardians [2012] UKPC 5).
  • Successful defence of a motor claim in Wong Man v. Quan Kwok Hing, DCPI 771/2009 (decision on 14 September 2012) resulting in substantial recovery of costs against the Plaintiff.
  • Successfully transferred a High Court claim to the District Court resulting in favourable settlement in Hung Chor Hung John v. Li Kwok Kin and Another, HCPI 251 of 2009 (decision of Master Marlene Ng on 10 November 2009).
  • Successfully struck out a work injury claim based on failure to disclose reasonable cause of action and abuse of the process of the Court in Wong Hon Pik v. Tung Yiu Keung t/a Oi Kwun Fast Food Shop, DCPI782/2006 (decision on 20 November 2007).
  • Successful argument of Summons seeking relief to claim repayment of overpaid periodical payments in Fong Sau Lan v. Bureau Veritas Consumer Products Services (HK) Ltd., DCEC 957 of 2006 (decision of Deputy District Judge A. Yuen on 1 August 2007), one of the rare cases where the court confirmed its power to order for set-off or repayment where any sum paid is beyond the scope of section 10 of the Employees' Compensation Ordinance.
  • Successful defence of Summons to appeal against the Certificate of Assessment out of time in Chong Hon Sing v. Gammon Skanska Ltd., DCEC 342 of 2004 (decision of Deputy Judge E. Yip on 4 October 2006), on the ground that there is no reasonable excuse for the delay and that prejudice would be caused to the Respondent by the long lapse of time to warrant meaningful medical examination of the Applicant.
  • Successful defence at Court of Appeal in Ho Wah Kwong v. Chiu Hung Construction Co. Ltd. and Others, CACV 345 of 2004 (decision on 21 March 2007) resulting in substantial recovery of costs against the Plaintiff.
  • Successful defence of two Plaintiffs' motor claims resulting in dismissal of the action in Chan Wai Ling and Another v. Tang Chi Ho, HCPI 428 of 2003 (decision of Suffiad J. on 13 May 2004).
  • Advising a number of insurers on the breach of insurance policy issues and implications on insurers' liabilities as well as tactics to be adopted, including advising on joinder of the insurer in the proceedings as compared to that of taking over conduct of the proceedings on a non-waiver basis.
  • Handled various high value claims for catastrophic injury cases resulting in expeditious out of Court resolution.

Education

University of London, LLM

The University of Hong Kong, PCLL

The University of Hong Kong, LLB (Hons)

Admissions

  • Hong Kong

Memberships

  • Approved Mediator, Hong Kong Mediation Accreditation Association
  • Member of Chinese Underwriter’s Club
  • Acted as one of the judges of the International ADR Mooting Competition 2013 upon invitation by the School of Law of City University of Hong Kong