專業知識
簡介
葉律師是何韋律師行的合夥人。他擅長的範疇包括:土地強制出售、一手住宅銷售法規合規、一手樓盤銷售、以發展重建為目的之策略收購、商業房地產(併購和合資)、建築圖則和城市規劃的法律事宜、房地產相關訴訟(司法覆核、建築圖則上訴、城市規劃上訴)、政府官契事宜(地契修訂及換地申請)、大型租賃項目、複雜印花稅法律意見及中國房地產項目和收購。 「葉冬生是一個充滿活力、知識淵博,具有很強的商業頭腦的律師。」 - 亞太法律 500 強(2019 年)
工作經驗
2022 何韋律師行
2004 孖士打律師行
教育背景
香港大學法學專業證書
香港大學法學學士
專業資格和團體
2006 英格蘭及威爾斯
2004 香港
香港律師會會員
Commercial Real Estate (M&A, Sale and Purchase of Shares and Joint Venture) Represented a PRC developer in its HK$4.7 billion acquisition of 100 percent equity interest in a property holding company which consists of significant number of lots in Wo Shang Wai, New Territories, involving approximately 20.74 ha (or 2.23 million square feet). Represented a reputable property developer in Hong Kong in the HK$2 billion disposal of Pentahotel Hong Kong in 19 Luk Hop Street, San Po Kong, Wong Tai Sin through the disposal of the entire equity interest in the property holding company. Land Compulsory Sale Applications Compulsory sale application of (a) 54, 56, 58, 60 Percival Street, 5, 7, 9, 11 Lee Garden Road (b) 62, 62A, 64, 64A, 66, 66A, 68, 68A Percival Street, 13, 15, 17, 19 Lee Garden Road and (c) 70, 72, 74, 76 Percival Street, 60 Russell Street and 21, 23, 25, 27 Lee Garden Road, being Hong Kong's largest compulsory sale application in terms of existing use value (HK$4.5 billion), redevelopment value (at least HK$6.5 billion) and number of respondents (51 Respondents) (LDCS 8000/2022). The then largest compulsory sale application of The State Theatre Building in North Point in terms of redevelopment value (over HK$4.7 billion being highest amount in history up to the end of 2021) and number of respondents (35 respondents), which is also Hong Kong's first compulsory sale application of building which is listed as "Grade 1 historic building" by the Antiquities Advisory Board (LDCS 27000/2018). Hong Kong's first compulsory sale application on Government Civil Servants' Co-operative Building Society Scheme buildings at 2, 4, 6, 8 Mount Parker Road (LDCS 13000/2019). Successful compulsory sale application of Hankow Apartments in 43, 45, 47, 47A, 49, 49A Hankow Road with reserved price at HK$2.134 billion (LDCS 15000/2019). Successful compulsory sale application of Rose Court in 23A, 23B, 24A, 24B, 25A, 25B, 26A, 26B, 27A, 27B, 28, 29A, 29B, 30A, 30B, 31A, 31B, 32, 33A, 33B, 34A and 34B Rose Street, Yau Yat Chuen with reserved price at HK$2.075 billion (LDCS 5000/2020). Successful compulsory sale application for various residential buildings in Po Wah Building and tenement blocks at 1-7 Landale Street and 2-8 Anton Street, Wan Chai, being the then largest compulsory sale application in terms of redevelopment value (over HK$2 billion) and number of respondents (with 35 respondents at the commencement of the action) (LDCS 1000/2015). Represented majority owners in obtaining compulsory sale order for 93-95 Catchick Street in Kennedy Town (LDCS 22000/2020). Represented majority owners in successfully obtaining compulsory sale order for 244-256 Hai Tan Street in Sham Shui Po (LDCS 32000/2018). Represented majority owners in successfully obtaining a 42-month extension of the building covenant imposed under a compulsory sale order granted in 2016 at the site where the former Kai Tak Mansion is situated (LDCS 4000/2013). 2 successful compulsory sale applications of commercial/ residential composite building in 9, 9A, 11 and 11A and 13-13A Liberty Avenue, Kowloon (LDCS 3000/2018 and LDCS 4000/2018). Compliance with Residential First-hand Sales Legislation One of the few solicitors in private practice who have direct involvement in the entire legislative process of the Residential Properties (First-hand Sales) Ordinance (Cap.621 of the Laws of Hong Kong), being the first legislation in Hong Kong regulating sale of first-hand residential properties, by providing full-scale comprehensive advice on the impact of Cap.621 on the real estate industry: Alan represented The Real Estate Developers Association of Hong Kong to negotiate with the Government on the entire legislative process relating to Cap.621 since it was still in its Bill form in 2011. Frequently interviewed by newspapers, magazines and media to share views on hot topics in town regarding the compliance issues of Cap.621 (including Sing Tao Daily, Metro Radio, The Hong Kong Economic Journal, iMoney magazine). Delivered over 80 seminars to over 1,000 attendees since 2012, including developers (most of them are the Hang Seng Index’s Properties constituents), legal profession, surveyors and law school students, to provide introduction and training for compliance with the requirements under Cap.621. Project Conveyancing Advising major developers and statutory bodies on the sale of first-hand properties of different types of development (including residential, office, commercial, industrial mixed-use composite developments). Selected large-scale/ luxurious projects: Villa La Plage, The Pavilia Farm, Mount Pavilia, Grand Central, Emerald Bay, Le Pont, Montego Bay, 888 Lai Chi Kok Road, Mount Regalia, 45 Tai Tam Road, Artisan House, Artisan Garden, Atrium House, Alassio, Azura, Argenta, Arezzo, Mount Parker Residences, My Central, Mayfair By The Sea, iCITY, The Vertex, The Harmonie, L.Living 23, Allegro, Mangrove. Represent receivers in the tender sale of the luxurious house at 15 Gough Hill Road situated, The Peak, with a site area of approximately 18,078 sq. ft., involving complicated issues of compliance with the residential first-hand sale legislation and special alteration and addition works. Represent purchaser in the successful purchase of a prestigious apartment in OPUS HONG KONG which was sold under receivership with special features including no delivery of vacant possession upon completion. Represent subsidiaries of a Hong Kong listed company to acquire top five floors in the soon-to-be-completed premier new integrated commercial building, along with the entire rooftop area and special issues on naming rights of the building, at 92 to 96 Wellington Street. Town Planning and Building Plans Applications and Appeals Represented a key developer in a successful Court of Appeal judicial review application quashing the Town Planning Board’s decision to refuse relaxation of plot ratio and building height restrictions for a residential redevelopment at Seymour Road, Mid-Levels West (reported in Hong Kong Law Report & Digest as [2009] 3 HKLRD 339). Represented a key container terminal operator to successfully request the Town Planning Board to relax height restrictions imposed on various container terminal sites in Kwai Chung, involving a gross floor area of over 6 million sq. m. which worth billions of HKD investment. Strategic Large-scale Acquisitions for Redevelopment Large-Scale Leasing Projects PRC Real Estate Projects, Joint Venture, Land Acquisition Advising different developers in “tender, auction, listing (known as gua pai)” applications for the grant of State land use right and property management matters for different kinds of property developments in the PRC. Government Lease Modifications and Land Exchanges Judicial Review Applications Successful Court of Final Appeal Compensation Claim