PERSONAL DETAILS
MA, STANLEY KILIAN 馬浩輝大律師
T: (+852) 2457 9996
F: (+852) 2457 9997
M: (+852) 60886411
E: This email address is being protected from spambots. You need JavaScript enabled to view it.
Professional qualifications
Fellow of the Hong Kong Institute of Arbitrator FHKIArb
Listed Construction Arbitrator (HKCAC)
Listed Mediator (Lands Tribunal)
CDER and HKMAAL accreditor mediator
Call 2000 (Hong Kong)
Education
2007 LL.M in Human Rights (HKU)
2000 P.C.LL (HKU)
1999 LL.M in Chinese & Comparative Law (CityU HK)
1995 LL.B (Hons) (Lond)
Practice profile
Stanley has a civil practice appearing in a broad range of cases. His practice encompasses varied contract, building and construction, professional negligence, arbitration, building management, employment and discrimination, defamation, company, asset tracing, and public & administrative law and has appeared as junior counsel or as an advocate in his own right in the Court of Final Appeal, Court of Appeal, Court of First Instance, and District Court since coming into practice in 2001.
He was the in-house legal counsel of an esteemed architects firm Spence Robinson LT Ltd. between 2011 – 2015 where he gained on-hands expereince in managing building contract drafting, adminstration, certification, and contractual claims. He also prepared and assisted in various arbitrations involving different levels of claiming amounts with the biggest one up to HK$30,000,000. Upon returning to private practice in 2015, Stanley is able to receive direct instructions from surveryors for advice on contract administration and claims from the main-contractors. He also gives advice to the employer in respect of anti-rigging practice and remedies against defective workmanship and outstanding works.
Apart from his predominant construction practice, Stanley has also resumed to take up judicial review cases from the Legal Aid Panel, as community work, involving administrative law and constitutional rights, an area that used to be his expertise. In 2017, he has helped a prisoner Choy Chuen Sun to challenge the constitutionality of a Standing Order which imposes restrictions on the prisoner’s entitlement to make phone call. Leave has been granted, and the case has been set down for arguments in late August 2018. More recently, he has represented a rehabilitated person to file Form 86 for a challenge against a decision made pursuant to the ARA Permit Manual by the Director-General of Civil Aviation .
Like all civil lawyers, Stanley also occasionally acts for clients in commercial / “white collar” crimes and advises on issues related to money laundering and bribery. He also spends time in giving pro bono advice to various NGOs including SoCo, and FireWire News Agency, the first investigative journalism network in Hong Kong established by crowd-funding.
Scholarships and prizes
Middle Temple Society Scholarship 2002
Languages
English, Cantonese & Japanese (Intermediate)
Selected Cases
Court of Final Appeal
1. HKSAR V. Yau Yuk Lung Zigo (2007) 10 HKCFAR 335
2. A Solicitor v. The Law Society of Hong Kong (2006) 9 HKCFAR 175 (led by Philip Dykes S.C. and Prof. Johannes Chan S.C.)
Court of Appeal
3. HKSAR v. Ocean Technology Limited & others [2006] 4 HKLRD 196 (led by Philip Dykes S.C.)
4. A Solicitor v. The Law Society of Hong Kong [2006] 1 HKLRD 49 (led by Philip Dykes S.C.)
Court of First Instance
5. Fu Hon Chin v. Director-General of Civic Aviation (HCAL 377/2018)
6. Choi Chuen Sun v. Commissioner of Correctional Services (HCAL 188/2016)
7. Ocean Technology Ltd. t/s Citizens Radio v. Secretary for Justice (HCAL 17/2008) (led by Philip Dykes S.C.)
8. PV v. Director of Immigration [2004] 3 HKC 637 (led by Philip Dykes S.C.)
9. HKSAR v. Sze Kwan Lung (HCMP 353/2005)(led by Martin Lee S.C.)
10. Pang Yiu Hung Robert v. Commissioner of Police [2003] 2 HKLRD 125 (with Hectar Pun and led by Gladys Li S.C.)
11. Liu Kin Woo & others v. Treasure Consultants Limited & others (HCLA 66/2003)
12. The Bank of Asia Limited v. Labour Buidlings Limited (HCMP 769/2002) (led by Alan Leong S.C.)
13. Law Chun Loy v. Commissioner of Police (HCAL 3838/2002) (with Philip Wong)
District Court
14. Chan Hung Cheong & Koon Mallory v. Tedman Lee Pui Ming, DCCJ 5800/2015
Lands Tribunal
15. Amy Yung v. Discovery Bay Services Management Limited (LDBM254/2017)
16. The Incorporated Owners of Mandarin Villa v. Lam Mui Lin & other (LDBM 297/2001)