Des Voeux Chambers was honoured to welcome Professor William Swadling of the University of Oxford as the DVC-Oxford-HKU Visiting Fellow for a public lecture at the DVC Conference Centre. Tom Ng from DVC moderated the session. It was particularly sentimental to welcome Professor Swadling, who has over the years taught many members of Chambers.
Focusing on one of the most debated questions in the law of trusts, Professor Swadling examined the fundamental distinction between institutional and remedial constructive trusts, and the contested meaning of the term “remedial”. He considered different perspectives on whether constructive trusts should be understood as a remedy or as a substantive proprietary institution, and explored how the concept has been approached in English, Australian and Hong Kong jurisprudence. The discussion highlighted the differing conceptual approaches across jurisdictions and the continuing debate over the nature and role of remedial constructive trusts.
The lecture concluded with a lively and engaging Q&A session, during which participants raised a range of thoughtful questions and exchanged views with Professor Swadling on the issues discussed.
The seminar drew a full house, including professors from the HKU Law Faculty and distinguished legal practitioners. We look forward to continuing to foster meaningful exchanges and dialogue on important and evolving issues in law.
