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Andrew joined 5 Stone Buildings as an Associate Member in June 2021. Based in Hong Kong, where he was called to the Bar in 2009, Andrew has a broad traditional and commercial Chancery practice with a particular emphasis on trusts and estates, contentious probate, pensions, and mental health proceedings, as well as commercial cases with an international or cross-border dimension.
Andrew has appeared in several notable, complex, and high-value disputes in recent years, including acting as counsel at trial and for the successful appellant on appeal to the Hong Kong Court of Appeal and Court of Final Appeal in Kan Lai Kwan v Poon Lok To Otto (2014) 17 HKCFAR 414 (the leading case on trusts in divorce in Hong Kong), as well as in the recent disputes in relation to the Lo Family Trust in Lo Kai Shui v HSBC International Trustee Limited & Others (HCA 404/2018).
About Andrew Lynn
Lo Kai Shui v HSBC International Trustee Limited and Others  HKCFI 1539 – instructed on behalf of the plaintiff beneficiary in the long-running and high profile Lo Family trust dispute.
Roger Keith Ver v OKEX Fintech Company Limited and Xu Mingxing  HKCFI 788 – acted for the plaintiff in a jurisdictional dispute successfully resisting an application to set aside leave to serve out of the jurisdiction.
Madison Lab v Pu Yan and Others  HKCFI 382 – application for an injunction to restrain the presentation of a winding-up petition.
Connaught West Limited v Global Fiduciary Solutions Limited, Foggo Michael John, Tribune Limited  HKCFI 2441 – successful application on behalf of the plaintiff company for a preservation order over pension scheme funds.
UOB Kay Hian Futures (Hong Kong) Limited v Lai, Lawrence and Another  HKCFI 95 – trial of the dispute between the bank and an investor in relation to losses incurred in futures trading.
Anmol Kumar Sawlani and Others v Yeshma Gobindram Sawlani and Others (HCAP 13/2014, 27 September 2017) – acted for the plaintiff beneficiary successfully obtaining an order for deemed due execution of a will as well as passing over and removal of an executor.
Kerry Francis Moore v Jennex Corporation and Others (HCMP 2109/2015, 9 May 2017)
– successful application for an order for rectification of the company register under section 633 of the Companies Ordinance (Cap.622) and indemnity costs.
Kong Colin Chung Ping and Another v Li Ka Sing and Others (HCMP 2431/2016, 2 May 2017) – successful application for an interlocutory injunction restraining the respondent executor from selling valuable commercial property pending trial.
Kerry Francis Moore v Jennex Corporation and Others (HCMP 2109/2015, 3 November 2016) – successful application for declarations as to the beneficial ownership of shares in a commercial trust and shareholder dispute.
Re Estate of Kong Wing Hong (CACV 69/2015, 11 November 2015) – acted for beneficiaries successfully resisting an appeal to the Court of Appeal raising issues of: conflict of interest and duty; estoppel by convention; proprietary estoppel; promissory estoppel; relief under section 60 of the Trustee Ordinance (Cap. 29); and the approach to costs in breach of trust claims.
FCL China Development Pte Ltd and Another v Lai Yuen Ling and Others (CACV 193/2014, 12 August 2015) – acted for the plaintiff companies successfully resisting an application for leave to appeal to the Court of Final Appeal in a dispute arising from a USD 50 million tri-partite investment agreement (involving Qingdao State Enterprise of the Qingdao Provincial Government) and joint venture agreement to carry out a development project in Qingdao.
Kan Lai Kwan v Poon Lok To Otto (2014) 17 HKCFAR 414 – acted as sole counsel at trial and for the successful appellant on appeal to the Hong Kong Court of Appeal and Court of Final Appeal establishing the treatment of trusts in divorce and estoppel in matrimonial cases in Hong Kong.
Ho Man Kong v Superintendent of Lai Chi Kok Reception Centre (2014) 17 HKCFAR 179
– led by Gerard McCoy SC, acted on appeal to the Hong Kong Court of Appeal and Court of Final Appeal in respect of an extradition from Hong Kong to Australia that relied on telecommunications interception evidence the admissibility of which was challenged under the Basic Law Article 30 and the Interception of Communications and Surveillance Ordinance (Cap. 589).
Re Estate of Kong Wing Hong  2 HKLRD 517 – instructed by beneficiaries under a will successfully claiming, inter alia, a declaration that certain tenancy agreements (in respect of valuable Hong Kong commercial estate property from which the executor ran his business) were void and unenforceable, and compensation for breach of trust.
Highmax Overseas Ltd v Chau Kar Hon Quinton  3 HKLRD 584 – led by John Scott SC, instructed on appeal to the Hong Kong Court of Appeal as to whether the court had power to direct how trust companies (who were not trustees) should respond in insolvency proceedings.
In the Representation of HSBC International Limited  JRC 167 and  JRC 254A
– instructed by the Hong Kong client to provide assistance (both in Hong Kong and in Jersey) to the Jersey legal team in respect of applications made to the Jersey Royal Court.
YN v NA  5 HKC 49 – acted for the successful appellant on an appeal to the Hong Kong Court of Appeal establishing that there is no jurisdictional obstacle to the bringing of an appeal from the grant of extension of time for leave to appeal.
Poon Yiu Cheung v World Mastery Technology Ltd (CACV 276/2011, 17 September 2013)
– with Mr Andy Lam, acted for the plaintiff in successfully resisting an appeal to the Hong Kong Court of Appeal by a counterclaiming defendant in a case alleging breach of contract and breach of fiduciary duties (diversion of business and secret rebates) of a Hong Kong company’s American sales representative.
JAH v VH (FCMC 14350/2009 consolidated with FCMC No 4402/2010, 24 May 2012)
– resisting the setting aside of interim preservative injunctions over substantial Cambodian commercial real estate, and an anti-suit injunction restraining the respondent from commencing specified criminal as well as civil proceedings in Cambodia.
PLTO v KLK and HITL (HCMC 2/2010, 10 February 2012) – sole counsel during a nine-day trial dealing with complex trust matters and contested expert company valuation evidence in a HK$432 million claim, and also sole counsel acting in respect of the many related interlocutory applications, including: application for joinder of the trustee; application to serve out of the jurisdiction under the MCR; application for specific discovery of documents between settlor and trustee; application for variation of costs order nisi; application for interest on late payment.
Andrew read English Literature at Edinburgh University for his first degree (First Class Hons.) and went on to take an MPhil and PhD at Cambridge University, having been awarded both a British Academy scholarship and a Benefactors’ Scholarship from St John’s College. After starting his career as a Foreign Expert at Beijing Foreign Studies University, Andrew returned to the UK and converted to law by way of the Graduate Diploma in Law (Distinction). He has completed specialist Society of Trust and Estate Practitioners qualifications in trust disputes, international succession, foundations, and funds. He also holds an LLM in International Dispute Resolution from the University of London.
In addition to being a Hong Kong barrister, Andrew passed the Bar Transfer Test and was called to the Bar of England & Wales in 2015.
Benefactors’ Scholarship (St John’s College, Cambridge)
Newton Trust Award (Cambridge University)
British Academy Studentship (British Academy)
Full Member of the Society of Trust and Estate Practitioners (TEP)
Fellow of the Chartered Institute of Arbitrators (FCIArb)
Fellow of the Hong Kong Institute of Arbitrators (FHKIArb)
Member of the Hong Kong Bar Association Committee on Land, Trust and Probate (Com LTP) and former member of the Hong Kong Bar Association Committee on International Laws (CIntLaw)
Member of the Asian Academy of International Law (AAIL)
Member of the Institute of Art and Law (IAL)