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Lawrence Ma.JPG

LAWRENCE MA

Head of Chambers

Lawrence Ma has been a practising barrister of the High Court of Australia since 1996 and the High Court of Hong Kong since 2008.  Currently, he is the Head of the Foundation Chambers in Hong Kong. He is also qualified as a lawyer of the Great Bay Area in the People’s Republic of China. 

+852 3173 5511
+852 9781 8445 / +86 14714334866
ma@fdnc.com.hk
Printable CV

Practice Profile

He is experienced in commercial litigation and trust litigation. Lawrence also represents Chinese State-Owned Enterprises in international commercial arbitrations.  He is a Fellow of both the Chartered Institute of Arbitrators and the Hong Kong Institute of Arbitrators. Lawrence is also a HKCICA Certified International Arbitrator and a Recognised Arbitrator of the South China Institution of Arbitration.
 

He is a Council Member of the China Law Society since 2013, and a Council Member of the Chinese Overseas Friendship Association since 2019.  He also serves as a member of the Shanxi Provincial Committee of the Chinese People’s Political Consultative Conference since 2012. He is an adjunct professor of the Nankai University law school since 2003.  In 2021, he is appointed a Chairman of the Buildings Appeal Tribunal and in the same year, he became a member by nomination of the Hong Kong Election Committee representing the Hong Kong Legal Subsector.

 

Lawrence has published extensively in the area of equity and trusts law and in investor state arbitration. 

Lawrence was practising at the Queensland Bar and the New South Wales Bar for 12 years before passing the Overseas Barristers Qualifying Examination in 2007 and then to commence practising at the Hong Kong Bar in 2008.

 

Academic

  • Master of Laws,           University of Queensland, 1998

  • Bachelor of Laws,    .. University of Queensland, 1994

  • Bachelor of Commerce, University of Queensland, 1992

Admissions

  • PRC (Greater Bay Area) Lawyer, 2021

  • High Court – Hong Kong, 2008

  • High Court – Australia, 1996

  • Supreme Court – Queensland, 1996

  • Supreme Court – New South Wales, 1996

  • Supreme Court – Victoria, 1996

  • Supreme Court – ACT, 1996

Languages

  • Mandarin Chinese

  • Cantonese Chinese

  • English

Litigation Experience

Arbitration

  • PRC aluminum conglomerate v International alumina supplier (HKIAC PA 19096, PA 21191) [International sale of alumina contract - under supply of international alumina - priority consideration clause - assessment of damages]

  • The Republic of the Philippines v The People's Republic of China (PCA Case Nº 2013-19) [South China Sea Arbitration - Arbitral Tribunal constitued under Annex VII to the 1982 United Nations Convention on the Law of the Sea - jurisdiction dispute whether the PRC was properly joint as a party - Amicus Curiae Submission]

  • New Generation Pty Ltd v Wood Products Australia Pty Ltd (New South Wales District Court arbitration, 2001) [Sale of Goods - merchantable quality - evidence - tactical shift of burden]

International Law

  • Re South China Sea Arbitration; ex parte China Australia Legal Exchange Foundation (International Court of Justice, 19 July 2016) [formal request for advisory opinion to the International Court of Justice under art. 65 of the Statute of the International Court of Justice for advice on questions of (a) constitutionality of compulsory arbitration; (b) whether entry into the Convention supersede any historical claim; (c) apparent bias of the arbitral tribunal; and (d) whether the arbitral tribunal’s award was tainted by factual errors]

Commercial Litigation

  • MG Charter v Beijing Caissa (1635/2012 & HCCL 7/2014 (Consolidated), Linda Chan J, 11 – 19 July 2022) [Contract for sale of aircraft seats – payment of deposit condition precedent – contract interpretation – whether contract valid]

  • Prakash v Wang (Unreported, Supreme Court of NSW, Equity Division, Young CJ in Eq, No. 5640 of 2003) [Contract for sale of land - Husband and Wife joint tenancy - Husband alone signed contract - contract exchanged pending settlement - caveat lodged by purchaser - whether caveat should be discharged]

  • Ginger Development Enterprises Pty Ltd v Crown Developments Australia Pty Ltd [2003] NSWCA 296 (Unreported, Court of Appeal, Supreme Court of NSW, Mason P, Sheller JA, Davies AJA, 16 October 2003) [Vendor and Purchaser - Sale of land - whether vendor had right to rescind]

  • TMB Pty Ltd v Symak 2 Holdings Pty Ltd (Unreported, Supreme Court of NSW Equity Division, Austin J, No.1139 of 2003) [Vendor and Purchaser - Recovery of deposit - Consent judgment - Enforcement of judgment in United States]

  • Able King Investments Pty Ltd v Shi (Unreported, Supreme Court of NSW Equity Division, No. 3358 of 2002, 30 August 2002) [Statutory Demand - Setting Aside - Genuine Dispute as to existence of debt]

  • Yau v Cheung (2000) 21(4) Leg Rep SL2a (unreported, High Court of Australia, Gaudron and Gummow JJ, 11 February 2000) [High Court Special Leave application]

  • Yau v Cheung [1999] NSWCA 56 (unreported, Court of Appeal NSW, CA40209/98, 25 March 1999) [Contract -Construction of terms]

  • Maxims Entertainment Pty Ltd v Chinatown Enterprises Pty Ltd [1999] FCA 1300 (unreported, Federal Court, NG918 of 1995, 9 September 1999, Burchett J) [application to set aside default judgment]

Equity and Trusts

  • Tang Sze Kin v Tang Oi Ling [2020] HKDC 660; DCCJ 1504/2018 (14 August 2020) [Equitable estoppel -Proprietary estoppel - life interest in flat - alleged representation by defendant brother that claimant sister could stay in flat for life - whether representation made]

  • Asia Television Ltd v Oscar Video Club Pty Ltd [2001] FCA 1377 (Federal Court of Australia, Drummond J, Q 203of 2001, 21 September 2001 [Ex parte Anton Piller Order Application]• Chiou v Wang [2000] QSC 251 (unreported, Supreme Court of Queensland, 4933 / 2000, Muir J, 20 June 2000, BC200004556) [Mareva injunction application restraining dissipation of assets]

  • Chiou v Wang [2000] FCA 713 (unreported, Federal Court of Australia, Q28 / 2000, Drummond J, 29 May 2000, BC200003643) [Mareva injunction application restraining dissipation of assets]

Family Law

  • Ge v Pan (unreported, Family Court, Sydney Registry, Loughan JR, SYF 2615 of 2005, 11 August 2005) [Family Law - property settlement - injunction - exercise of discretion - whether family court should restrain the director husband in a family company]

Practice and Civil Procedure

  • Speedy Finance v Zhang Xiaoping [2021] HKCFI 713 (HCMP 222/2019, MK Liu DHCJ, 18 March 2021) [O.88Mortgage action - credible defence and counterclaim - conversion to writ action]

  • Lin v Sinotruk (HCA 1818 / 2019；Registrar S. Kwang, 15 November 2019) [Civil procedure - Summons to amend Statement of Claim and to add party – Summons to challenge jurisdiction – Court determines Summons on jurisdiction first rendering Summons to amend adding tortious and equity claims futile]

  • Lo King Yeung v Cheng Chung Tai [2018] HKCA 137 (CACV 193/2017, Cheung CJHC, Lam VP & Poon JA, 14 March 2018) [leave to appeal from Court of Appeal to the Court of Final Appeal - applications for directionsto provide security for costs under sections 73(5) and (6) of the Legislative Council Ordinance (Cap 542)]

  • Lo King Yeung v Eddie Chu Hoi Dick [2017] HKCFI 1505; [2017] 4 HKLRD 723; HCMP 482/2017 (24 August 2017) [Civil procedure - appeal - leave to appeal to Court of Appeal - intended appeal against dismissal ofapplications for directions to give security for costs under Legislative Council Ordinance (Cap 542) s.73(5) and(6)]

  • Csalar v Circosta (2002) 55 NSWLR 212; [2002] NSWSC 482 (Supreme Court of NSW, O'Keefe J, No. SC 11672of 2001, 31 May 2002) [Statutory interpretation - appeal against Magistrates decision - error of law]

  • Australian Guangzhou Association Incorporated v Huang (Supreme Court of NSW, McLaughlin M. No. 5278 of 2001, 6 December 2001) [Dispute between factions in an association – one fraction sued in the name of the association – another fraction challenged the solicitor's retainer to act for the association - indemnity costs]

Company Law

  • Re Space Group Holdings Ltd (HCCW 388 of 2023) [Winding Up – HKEX listed company – bona fide dispute on substantial ground – equitable set off)

  • All Reach Travel Pty Limited v China Business Focus Pty Limited (unreported, Barrett J, Supreme Court of NSW Equity Division Corporations List, SC 5884 of 2003, 10 May 2004) [Corporations - winding up - application to terminate winding up – termination of winding up]

  • All Reach Travel Pty Limited v China Business Focus Pty Limited [2004] NSWSC 211 (unreported, Campbell J, Supreme Court of NSW Equity Division Corporations List, SC 5884 of 2003, 22 March 2004) [Corporations -winding up - application to terminate winding up - proper applicant - need for proof of solvency - if all debtsnot paid out, need for independent accountant's report on solvency - if debts paid out with money contributed, need to have money contributed in form of capital]

  • Tang v Chui (Unreported, Supreme Court of NSW Equity Division, Austin J, No. 4740 of 2001, 28 October 2002) [Corporations - Winding Up - Just & Equitable Ground - Breakdown of mutual trust and confidence]

  • Tseng v Ricketts (Unreported, Supreme Court of NSW Equity Division, Bryson J, No1417 of 2002, 15 February 2002) [Corporations - Winding Up - Just & Equitable Ground - Deadlock in management]

  • Global Knitwear v Luois [2001] NSWSC 556 (Supreme Court of NSW Equity Division, Macready M, No. 1925 of 2001, 19 June 2001) [Corporations - Setting aside statutory demand - Genuine offsetting claim]

  • Tranzlink International Pty Ltd v Chinese Products Exhibition & Marketing Pty Ltd [2000] NSWSC 200 (unreported, Supreme Court of NSW, Master MacCready, 6 March 2000, 4704/1999, BC200001127) [Corporations - Winding up - Presumption of insolvency - Test of Insolvency]

Employment Law

  • Yuan v Weidong Cloud Education Group (LBTC1005-2020, Presiding Officer Doris Li, 31 March 2022) (Employee’s Claim for premature termination of employment contract – contract for a fixed term of 3 years renewable for another 3 years – no dereliction of duty – Employer needed to pay in full

Constitutional and Administrative Law

  • Wu v Minister of Immigration and Multicultural Affairs (Federal Magistrates Court, SZ 146 of 2003, Raphael FM,4 December 2003) [Student Visa - cancellation - failure to satisfy course requirement - insufficient attendance- taking English language course during vacation - whether visa condition applies to an ancillary course whichvisa not originally issued for - whether MRT incorrectly construed meaning of "semester" in Reg 8202 - whethersufficient particularity provided in Notice of Intention under s.119 - whether supply of relevant informationby third party constituted compliance - Minister conceded to have MRT decision set aside - costs awarded]

  • Cho v Minister of Immigration & Multicultural Affairs (Federal Court of Australia Emmett J, N652 of 1999, 9 December 1999) [Migration - application for order of review of decision of the Refugee Review Tribunalaffirming decision not to grant applicant a protection visa - whether Tribunal incorrectly applied the law tothe facts as found - whether Tribunal incorrectly applied meaning of "persecution" - whether Tribunal failedto consider whether there was a real chance of persecution on applicant's return to Burma, having regard tothe events that occurred prior to the applicant's departure]

  • Re Minister of Immigration & Multicultural Affairs, ex parte Zhou (High Court of Australia, S73/1999, Gummow& Kirby JJ, 21 September 1999) [Constitution - s.75(v) - mandamus and injunction against officer of the Commonwealth]

Drafting & Advisory Experience

Pleadings and Witness Statement

  • Drafting and Settling Statement of Claim against former senior employees for wrongful payment of bonus by the Hong Kong subsidiary of a Mainland Gold Mining Company for causes of action of constructive trust and restitution (Shangdong Gold v Fei Xiang HCA 1961/2023)

  • Settling Defence and Counterclaim for a widow-life tenant against an possession claim by her nephew property owner who succeeded the property by joint tenancy from his husband-uncle, on the basis of partial alienation or temporary severance of joint tenancy (Cheung v Fan DCCJ 5093/2022)

  • Settling a Re-Amended Statement of Claim against the volunteer middle man in a cross border money transfer transaction where the last tranche was misappropriated by identifying a suitable cause of action to affix liability leading to final settlement in the Plaintiff’s favour (Zhang v Cheng HCA1385/2020)

  • Drafting Defence against a constructive trust claim where the lay client defendant was an alleged third party accessory to the breach of trust and the defence of bona fide purchaser for value without notice and limitation of action were successful in deterring the plaintiff from pursuing his claim (Hau v Lau HCA 1458/2019)

  • Drafting Statement of Claim against directors of a property-rich ‘window’ company whereas all the properties were purchased by funds remitted from the relevant municipal government year ago on a resulting trust claim and the defendants had no credible defence but to settle (Ying Shan (Foshan) Development Company v All Well International Enterprise Ltd HCA 1108/2019)

  • Drafting Defence and Counter claim for the aunt against a common intention constructive trust claim by her niece in respect of a flat in joint name going through convoluted evidence to support a meticulous calculation of the actual contribution by the aunt (Tang v Tang HCA 58/2019)

  • Settling the first affirmation for a man who contributed all down-payments in four flats acquired in joint name with his girlfriend against a common intention constructive claim by her (Li v Woo HCMP 1083 of 2018)

Legal Advice

  • To advise on limitation of actions for the cause of action of constructive trust under Limitation Ordinance (Cap347) s.20 (Wu v Chan DCCJ 155 of 2023)

  • To advise on power of amendment and on internal management of a charitable trust (Re Yu Panglin Charitable Trust)

  • To advise on jurisdiction of a trust litigation involving a Chinese dai chi (代持) agreement between the holder of certain company shares on whether the beneficiary could commence proceedings in Hong Kong court for recovery of these shares as trust property (陈⼩鸣 v 陈汉轩 HCA 742 of 2022)

  • To advice on commercial contract drafting of an airport construction project in Cambodia generally and specifically on sovereign immunity clause (Re Heng Ye International Co Ltd)

  • To advise on opposition of company winding up petition (青島榮世開元 v Jiyi Holdings HCCW 257/2023; ReSpace Group HCCW 388/2023)

  • To advise on appeal on main action in an implied contract claim against main contractor by sub-sub-contractor where the sub-contractor had been wound up (Hydrotech v Shun Yuen (No. 1) [2022] HKCFI 1170)

  • To advise on appeal re costs against third party who funded the litigation and was ordered to pay costs on indemnity basis (Hydrotech v Shun Yuen (No. 2) [2023] HKCFI 601)

  • To advise on application to vary costs order nisi in a commercial litigation where the Plaintiff failed to recover the bulk of its claim but the court ordered payment of full costs by the Defendant (MG Charter v Beijing Caissa(1635/2012 & HCCL 7/2014 (Consolidated)

  • To advise on the interrelationship between a declaration of trust and a deed of gift purporting to divulge the same subject matter to the same recipient at the same time; and on whether the subject matter has been effectively assigned in law or in equity (Re L Trust)

  • To advise on appeal in a common intention constructive trust case where a partner had orally relinquished interest of a partnership property where the trial judge might have erroneously found such utterance amounted to a change of common intention without directing herself to the authority that no common intention constructive trust could be imposed on an interposing entity (Siu v Shiu CACV84/2020)

  • To advise on Labour Tribunal’s jurisdiction (Lin v Sinotruk (HCA 1818 / 2019))

  • To advise in Chinese on Hong Kong contract law for a PRC court case (三和 v 東陽)

  • To advise on jurisdiction and stay of proceedings re a sale and purchase contract dispute involving four jurisdictions and multiple causes of action with the defendant a Hong Kong company

  • To advise on jurisdiction, release, waiver, compromise, rescission and on summary judgment and judgment on admission re an international sale of goods agreement where the foreign plaintiff had agreed not to pursue claim in exchange for another business deal

Professional & Community Affiliations

Mediators, Arbitrators and Adjudicators

  • Recommended Arbitrators - South China International Arbitration Centre (2025)

  • Certified Adjudicator - International Dispute Resolution and Risk Management Institute (IDRRMI) (2021)

  • Chairman - Finance and Banking Committee, International Dispute Resolution and Risk Management Institute (IDRRMI) (2021)

  • Mediator – Shenzhen Qianhai International Commercial Mediation Centre (since 15 August 2020)

  • Panel Mediator - Hong Kong Mediation Centre (since 1 July 2011)• Mediator – Supreme Court of Queensland (1998)

  • Mediator – District Court of Queensland (1998)

Professional Membership

• Fellow Member - Hong Kong Institute of Arbitrators (since 2023)
• Member - Society of Trust and Estate Practitioners (since 2009)
• Fellow Member - Chartered Institute of Arbitrators (since 2025)
• Fellow Member – South China Institution of Arbitration (since 2019)

Academic Affiliation

• Adjunct professor - Nankai University, Tianjin, PRC

Community Affiliation

• Executive Council Chairman - Hong Kong Legal Exchange Foundation
• Honorary Chairman - China Reform Association

Professional Publications

Professional Texts

  • Investor State Arbitration and China: Principles and Practice (Hong Kong, LexisNexis, 2025)

  • Equity and Trusts Law in Hong Kong (6th ed., Hong Kong: LexisNexis, 2024)

  • Equity and Trusts Law in Hong Kong (5th ed., Hong Kong: LexisNexis, 2022)

  • Equity and Trusts Law in Hong Kong (4th ed., Hong Kong: LexisNexis, 2019)

  • Equity and Trusts Law in Hong Kong (3rd ed., Hong Kong: LexisNexis, 2013)

  • Equity and Trusts Law in Hong Kong (2nd ed., Hong Kong: LexisNexis, 2009)

  • Equity and Trusts Law in Hong Kong (Hong Kong: LexisNexis, 2006)• Principles of Equity & Trusts Law in Hong Kong (3rd ed., Hong Kong: LexisNexis, 2019)

  • Principles of Equity & Trusts Law in Hong Kong (2nd ed., Hong Kong: LexisNexis, 2015) co-authored with Mr Jeffrey Sham, Barrister-at-Law

  • Principles of Equity & Trusts Law in Hong Kong (Hong Kong: LexisNexis, 2009) co-authored with ProfessorMichael Lower

  • Hong Kong Basic Law: Principles and Controversies (Hong Kong Legal Exchange Foundation, 2017)

Legal References

  • Halsbury's Law of Hong Kong (2nd ed.) Vol 26 Equity & Estoppel [2025 Reissue]

  • Halsbury's Law of Hong Kong (2nd ed.) Vol 26 Equity & Estoppel [2020 Reissue]

  • Halsbury's Law of Hong Kong (2nd ed.) Vol 26 Equity & Estoppel [2014 Reissue]

  • Halsbury's Law of Hong Kong Vol 26(2) Trusts & Voluntary Associations [2007 Reissue

  • Halsbury's Law of Hong Kong Vol 26(2) Trusts & Voluntary Associations [2009 Reissue]

Journal Articles

  • The Bounds of Duty (2013) Feb STEP Journal Online, Friday, 01 February 2013

  • An evidentiary caution on statutory demands (2001) 39 (8) LSJ 38

  • The test of insolvency and some practical considerations (2001) 39 (11) LSJ 36

  • Challenges to a Solicitor's Retainer (2003) 41 (2) LSJ 61

  • Comparative Analysis of Corporate Insolvency in Australia and China (2005) 5 Xiangchao Journal 60

Speaking Engagements

  • 18 September 2025, Investor State Arbitration Seminar (Beijing Liang Gao Law Firm), Chaoyang, Beijing

  • 18 September 2025, Investor State Arbitration: How to protect overseas investment, Union of Beijing BusinessServices Symposium 2025 x China Arbitration Week (UBBS), Chaoyang, Beijing

  • 17 September 2025, Investor State Arbitration Seminar (Yingke Law Firm), Chaoyang, Beijing

  • 15 November 2023, STEP Conference 2023 (Proprietary Estoppel and Undue Influence), Grand Hyatt Hong Kong

  • 6 September 2022, Family Wealth Management (Common Intention Constructive Trust, Discretionary Trust & Will Trust), Kowloon East, Rotary Club

  • 28 August 2022, Family Wealth – Succession and family trust: a case analysis, Greater Bay Area Cross Border Wealth Management Seminar, Shenzhen Law Society

  • 19 November 2020, Recent Cases Affecting the Wealth Management Industry, joint presentation with Shan Warnock Smith QC, STEP Asia Conference 2020

  • 14 August 2019, Trust Law Update 2019, The Small and Medium Law Firms Association of Hong Kong

  • 10 September 2013, Trust Law Reform: Too Little, Too Late? Legal Week Private Client Forum

  • 15 October 2012, International and Hong Kong Trust Cases Update, STEP Asia Conference 2012 - Wealth Management in Asia: The Future is Now

  • 22 March 2012, Legislative Proposals on Trust Law Reform, HKSAR government consultation

  • 12 September 2009, Trustee Ordinance Reform – Joint Presentation with Mr. John Leung JP, Deputy Secretary, Financial Services and Treasury Bureau, HKSAR Government

  • 16 May 2009, An Overview and the Latest Developments of Constructive and Resulting Trust in Hong Kong, Democratic Alliance for the Better of Hong Kong, Professional Affairs Committee CPD programme

  • 15 May 2009, An Overview and the Latest Developments of Constructive and Resulting Trust in Hong Kong, LexisNexis CPD programme

  • 30 June 2003, Injunctions (II) (Interim & Interlocutory Injunctions), NSW Law Society Seminar Series

  • 29 May 2003, Injunctions (I) (Permanent and Quia Timet Injunctions), NSW Law Society Seminar Series

  • 21 March 2003, Challenging a Solicitors Retainer, NSW Law Society Seminar Series

  • 7 December 2001, Winding Up Summons: The Test of Insolvency and Some Practical Considerations, NSW Law Society Seminar Series

  • 14 September 2001, An Evidentiary Caution on Statutory Demands, NSW Law Society Seminar Series

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