Azan Marwah
chambers@azanmarwah.com
Office Contact No.: 852 2866 8233
Mobile No.: 852 9199 4126
Fax: 852 2866 7858
Admission:

2012 (HK)

Azan Marwah’s practice covers a broad spectrum of civil litigation and disputes, specializing in matters that include a cross-border, public or administrative law element.  His experience extends to work raising issues from international sale of goods, cross-border fraud, taxation, employment, to land use planning.  Azan is also a qualified mediator and published expert in family and child law, advising a number of charitable organizations and representing parties before the family courts.  

 

Commercial disputes

Azan advises and appears in a broad range of commercial matters, and a published contributor to the leading texts on contract law and civil procedure:

 

HKIAC Arbitration

Advised and appeared in multi-million USD arbitration representing a PRC state-owned enterprise against a Singaporean company and relating to the sale and purchase of coal shipments from South Africa.

PRC Joint-venture Arbitration & Litigation

Advised and appeared for UK-headquartered multinational media and digital marketing communications company in court proceedings related to control of Hong Kong/PRC joint-venture and arbitral proceedings.

PRC Joint-venture Fraud Litigation

Advised and appeared for Hong Kong/PRC joint-venture director in litigation related to fraud and breach of directors’ duties.

School Trust Litigation

Advised and appeared for donor in litigation relating to control of a trust and return of funds donated.

Building Ordinance Litigation

Advised on applications for change of use and exemptions relating to disabled access under the Buildings Ordinance regulations.

Town Planning Judicial Reviews

Advised and appeared (lead by Gladys Li QC and Nigel Kat SC) as counsel in town planning judicial review.

Enforcement Actions under the Town Planning Ordinance

Advised on enforcement actions under the Town Planning Ordinance and related judicial reviews.

Company Appeals against Companies Registrar

Advised on company appeals against the Companies Registrar.

Taxation Judicial Review

Advised and appeared (lead by Nigel Kat SC) in a judicial review challenging relating to treatment of allowances under the Inland Revenue Ordinance.

Landlord & Tenant

Advised and appeared as counsel in High Court and District Court proceedings relating to landlord-leaseholder disputes.

 

Labour & Employment

Azan routinely advises and appears in matters related to employment and labour disputes for both employers and employees.  In particular, Azan has appeared in labour tribunal appeals related to wrongful termination and breach of contract claims before the High Court, discrimination claims before the District Court, and judicial review proceedings related to civil service employment contracts.

 

Public & Administrative Law

Azan has a broad practice relating to public and administrative law disputes.  He specializes in constitutional law issues and has advised and appeared before all levels of the courts on applications and matters related to constitutional law:

 

Town Planning

Advised and appeared (lead by Gladys Li QC and Nigel Kat SC) in several town planning judicial reviews.

Election Petition

Advised and appeared (lead by Gladys Li QC) in election petition proceedings relating to Legislative Council elections.

Access to Justice – Labour Tribunal

Advised and appeared in ongoing criminal and contempt proceedings relating to the right to representation before the Labour Tribunal.

Protective Costs Orders

Advised and appeared (lead by Nigel Kat SC) in the leading case on protective costs orders before the Court of First Instance and Court of Appeal.

Human Trafficking

Advised and appeared (lead by Paul Harris SC) in the leading case, a judicial review on human trafficking protections.

LGBT Equality in Employment

Advised and appeared (lead by Nigel Kat SC) in judicial review proceedings relating to the right of LGBT civil servants to equality of spousal benefits.

 

Family & Children

Azan has extensive experience in family and child related disputes, including issues related to ancillary relief, child custody, child protection, and domestic violence.  He has advised and appeared on matters before all levels of the courts, including an ancillary relief matter before the Court of Final Appeal.  Azan is the co-author of the leading practitioners’ text Hong Kong Family Court Practice (the ‘Red Book’), responsible for the re-writing of its latest edition.  Azan regularly conducts CPD seminars on family and child law issues.  He is passionate about child protection, regularly gives evidence before the Legislative Council on related issues and has long served as a legal advisor to Mother's Choice and PathFinders.

Legislative Drafting (Private Members' Bills)

Azan is regularly engaged to draft several Private Members' Bills. He has advised on amendments to legislation in a wide variety of areas including regulatory, environmental, criminal, child protection and family law. He regularly advises commercial in-house counsel, charitable and non-profit organisations on the legislative process.

 

Recent Reported Cases

- ZN v Secretary for Justice (No. 2) [2017] 1 HKLRD 559 (human trafficking))

- ZN v Secretary for Justice [2016] 1 HKLRD 174 (judicial recusal)

- HKSAR v Ho Loy [2015] 3 HKLRD 385 (legal certainty)

- Designing Hong Kong v Town Planning Board [2015] 3 HKC 525 (protective costs orders)

- Chinacast Education Corp v Chan Tze Ngon (陳子昂 ) & Ors [2014] 5 HKC 277 (e-discovery)

- HKSAR v Wedderburn, Halsbury's Laws of Hong Kong [20.106], [20.132] (Animal Law)

- XY v Director of Legal Aid [2017] 5 HKLRD 787 (Director of Legal Aid's first charge)

- Designing Hong Kong Ltd v The Town Planning Board, Secretary for Justice Intervening [2017] 3 HKLRD 560 (protective costs orders)

- Leung Chun Kwong v Secretary for the Civil Service and Anor [2017] 2 HKLRD 1132; [2017] 3 HKC 274 (discrimination in employment)

- D v S, FD v Shek Kwok Ngai [2017] 2 HKLRD 940; [2017] 3 HKC 127 (sexual discrimination)  

 

Publications

- Chitty on Contracts, Hong Kong Specific Contracts (4ed) (2017), contributor
- Atkin's Court Forms Hong Kong (Family volume) (2015) (editor)

- Hong Kong Family Court Practice (the 'Red Book') (2ed) (2015) Azan Marwah, co-author

- Family Law Practice and Procedure in Hong Kong (2ed) (2015) Azan Marwah, co-author

- Hong Kong Civil Procedure (White Book), editor of Order 89 ‘Proceedings between Husband and Wife’ and Order 90 'Proceedings Concerning Minors'

- Archbold Hong Kong, editor, Chapter 47 'Companies'

- Hong Kong Family Law Reports (2014)

- Drafting Grounds of Appeal in Criminal Cases (2013), author

- “Personal Data Privacy in the Digital Age”, Hong Kong Law Journal Vol. 43, Part 3 of 2013, co-author with Bharwaney J

 

Qualifications & Education

- Certified Mediator (CEDR)

- PCLL (HKU)

- LLB (LSE & University of Southern California)

- MSc History of International Relations (LSE)

- BSc International Relations (LSE)

 

Scholarships and Awards

- Middle Temple Advocacy Scholarship (2013)

- American Jurisprudence Award (USC) (2010)

- Best Advocate, London Universities Mooting Shield (2009)

- Honourary Lifetime Membership (London School of Economics SU)

 

Appointments

- Hong Kong Bar Association Standing Committees on Legal Aid Reform, Pupillage Reform, and Practice Development

- Member, Hong Kong Family Law Association

- Judicial Assistant, Court of Final Appeal (2012 - 2013)

- Court Mediator, Los Angeles County Courts (2010)



 

(Private Members' Bills