Profile
Profile
Johnny Ma SC obtained his LLB from the University of Hong Kong in 1998 with first class honours. After finishing his BCL in the University of Oxford and his pupillage, he joined Chambers in 2001.
Whilst having a broad civil and commercial practice, Johnny specializes particularly in probate and administration matters. He acted for Chinachem Charitable Foundation Limited in the probate action at all levels from the Court of First Instance up to the Court of Final Appeal, and also subsequently in the proceedings dealing with the construction and implementation of Nina Wang’s will. He regularly advises on contentious as well as non-contentious probate and administration matters such as validity and/or construction of wills, procedural matters in obtaining grants, duties of personal representatives, beneficiaries’ rights and entitlement, etc. He has also acted and advised on matters involving mentally incapacitated persons and issues involving mental capacity in different contexts such as contentious probate, Mental Health Ordinance (Cap. 136) proceedings, and Enduring Power of Attorney Ordinance (Cap. 501) proceedings.
In recent years, Johnny also has developed a strong focus on judicial review matters and appeared in a number of cases involving constitutional rights and legal issues with great general or public importance. These include cases touching on equality and discrimination on the ground of sexual orientation (e.g. the right to same-sex marriage or civil partnership in MK, the right of same-sex couples married overseas to elect joint tax assessment in Leung Chun Kwong), and the right to freedom of expression, assembly and/or demonstration (e.g. the right to hold public meetings in the Forecourt of CGO East Wing). He has also acted and appeared (for applicants as well as respondents) in judicial review applications regarding disciplinary proceedings and sanctions.
- Chairman, Appeal Tribunal Panel, Buildings Ordinance (Cap. 123) (December 2018 – present)
- Deputy Chairman, Administrative Appeal Board (2023 – present)
- Member, Management Committee of Consumer Legal Action Fund (December 2022 – present)
- Member, Criminal and Law Enforcement Injuries Compensation Boards (June 2024 – present)
- President, the University of Hong Kong Law Alumni Association (March 2024 – present)
- Temporary Deputy Registrar, High Court (February 2018)
- Deputy District Judge, District Court (February 2017)
Constitutional and Administrative Law
(i) Equality and Discrimination
HCAL 1077/2018 [pending judgment]
MK v HKSAR
Discrimination – sexual orientation – applicant claiming right to same-sex marriage or civil partnership under HK laws
FACV 8/2018; CACV 126/2017; HCAL 258/2015
Leung Chun Kwong v Secretary for the Civil Service & Anr
Discrimination – sexual orientation – same-sex couple married overseas claiming (i) spousal benefits for married civil servants and (ii) entitlement to elect joint tax assessment under Inland Revenue Ordinance
HCAL 60/2015
Cheung Tak Wing v Communication Authority & Anr
Whether advertisements were announcements in the public interest – whether Broadcasting Ordinance (Cap.562) s.23(3) discriminatory and unconstitutional
HCAL 93/2015
Navarro Luigi Recassa v Commissioner of Correctional Services & Anr
Human rights of a pre-operative male-to-female transsexual prisoner
(ii) Freedom of Assembly, Demonstration and/or Expression
CACV 577/2018; HCAL 136/2014 [pending CA judgment]
Cheung Tak Wing v Director of Administration
Freedom of assembly and demonstration – applicant challenging constitutionality of Permission Scheme which prohibits public meetings at the Forecourt of the Central Government Office East Wing on weekdays
CACV 489-490/2018; CACV 219-220/2014; HCAL 73 & 110/2013 [ongoing appeal to CA]
Chui Fee Ming & Anr v Food and Environmental Hygiene Department & Anr
Freedom of expression – freedom of demonstration – ss.104A and 104C, Public Health and Municipal Services Ordinance – Falun Gong practitioners challenging constitutionality of s.104A which requires prior approval for displaying bills and posters on Government land
(iii) Disciplinary and Fair Hearing
HCAL 89/2015
Li Chi Sum v Director of Fire Services
Civil servant – Fire Services Department – disciplinary proceedings
CACV 264/2015; HCAL 134/2013
Chan Kam Choi v Commissioner of Correctional Services & Anr
Civil servant – Correctional Services Department – disciplinary proceedings
FACV 8/2012; CACV 192/2010; HCAL 5/2010
HLB Hodgson Impey Cheng & Ors v The Hong Kong Institute of Certified Public Accountants
Accountants – Professional Accountants Ordinance – independence and impartiality of investigation committee
Land Law
LDMR 1/2012 & LDMR 2/2017
Glory United Development Ltd v Director of Lands
Land Compensation – Foreshore and Seabed (Reclamation) Ordinance – right to compensation a legal chose in action assignable at law
FACV 1-9/2017; CACV 13-16, 115-116, 119-120/2015; LDMR 23/1999 & LDMR 1/2005
Penny’s Bay Investment Co Ltd v Director of Lands
Land Compensation – Foreshore and Seabed (Reclamation) Ordinance – measure of compensation
HCA 2055/2011
Chan Chuen v Forestside Ltd
Adverse Possession – rural land
Probate and Administration
FACV 3/2015
Re Estate of Tan Kiam Toen
Construction of Will – Chinese will – Wills Ordinance (Cap.30) s.23B
CACV 44/2013; HCMP 853/2012
Secretary for Justice v Chinachem Charitable Foundation Limited
Construction of Will – charity – trust
FAMV 20/2011; CACV 62/2010; HCAP 8/2007
Chinachem Charitable Foundation Limited v Chan Chun Chuen & Anr
Probate – validity of will – forgery – knowledge and approval – testamentary intent – testamentary capacity
Accolades
Johnny Ma SC has been ranked as Recommended Senior Counsel under the category of Leading Estates & Probate Litigation Barristers – Hong Kong.