Securities

• Re Freeman FinTech Corp Ltd [2022] HKCFI 697; [2018] 1 HKLRD 320 – Disqualification and compensation orders sought by the SFC against directors
• SFC v Qunxing Paper Holdings Co Ltd & others [2018] 1 HKLRD 1060, [2018] HKCFI 271 – Juridical basis of SFC seeking remedies for benefit of investors under s. 213 of the Securities and Futures Ordinance
• Re China Metal Recycling (Holdings) Ltd [2015] 2 HKLRD 415 – Winding up listed company on public interest ground
• SFC v Li Kwok Cheong, Li Han Chun & another – Market Misconduct Tribunal inquiry regarding China Forestry Holdings Co Ltd (Decision pending)
• HSBC Private Bank (Suisse) SA v SFC, Securities and Futures Appeal Tribunal No 3 of 2015, 21 November 2017 – Pecuniary penalty in relation to systemic deficiencies in the sale of derivative financial products

Probate and Mental Health

• Tsang Wing Kwai v Tsang Wing Fai (No.2) [2019] 1 HKLRD 1300, [2019] HKCA 163 – Appeal concerning removal of executor   
• Secretary for Justice v Joseph Lo Kin Ching (2015) 18 HKCFAR 169 – Interpretation of the will of Nina Wang and administration of charitable trusts
• Wong Tat Lun Eddie & others v Wong Chi Ho Jimmy & others, HCMP 2391/2013, 21 October 2014 – Resisting removal of executor
• Yung Shu Wu v Vivienne Sung Wu (2011) 14 HKCFAR 39 – Dispute as to assets comprised in an estate and disposition of equitable interest
• Re A (Mentally Incapacitated Person: Committee) [2009] 2 HKLRD 159 – Appointment of committee of estate of mentally incapacitated person

Land Grant and Town Planning

• Hong Kong Resort Company Limited v Town Planning Board [2021] HKCA 1313 – Judicial review by developer of Discovery Bay
• Tung Chun Company Limited v Town Planning Board [2021] HKCA 758 – Judicial review on decisions regarding a building height restriction
• The Dairy Farm Company Limited v Secretary for Justice [2020] HKCFI 306 – Construction of special condition of land grant and easement

Property

• Pacific Base Holdings Limited & others v Lee Hop Biu [2021] 5 HKC 214, [2021] HKCA 780 – Seeking CA’s determination on interpretation of the Land (Compulsory Sale for Redevelopment) Ordinance regarding threshold requirement for redevelopment of the land lots
• Century Supreme International Limited v. Kam Chi Kit Charles & Hui Pui Kuen and others [2022] HKLdT 6 – Resisting application under Land (Compulsory Sale for Redevelopment) Ordinance  
• 383HK Limited v The Incorporated Owners of Tak Bo Building [2018] 2 HKC 559, [2018] HKCA 164 – Disputes concerning common parts and interpretation of Deed of Mutual Covenants
• Grande Properties Management Ltd v Sun Wah Ornament Manufactory Ltd (2006) 9 HKCFAR 462 – Disputes concerning validity of resolutions in building management

Bankruptcy and Insolvency

• Lau Chun Ming v Deloitte Touche Tohmatsu (a firm) [2021] 2 HKLRD 706, [2021] HKCA 546 – Appeal concerning powers and duties of trustees in bankruptcy
• Chow Wai Shing Daniel and Fok Hei Yu (Joint and Several Trustees in Bankruptcy of Ding Yi) v Lu Ying [2020] HKCFI 2148 – Setting aside disposition of assets at undervalue
• Patrick Cowley & Wong Wing Sze Tiffany v All Powerful Holding Ltd & Anor [2018] HKCFI 1802; [2018] HKCFI 2542 – Injunction application concerning the transfer of company share by the bankrupt allegedly at an undervalue
• China Forestry Holdings Co Ltd (in official liquidation) v Top Wisdom Overseas Holdings Limited & Anor [2021] HKCFI 2761 – Proprietary claim by the liquidators against proceeds of alleged insider dealing

Commercial

• Da Shing Group Limited v Rich Promise Limited [2021] HKCA 960 – Dispute in the sale and purchase of shares in a listed company and return of deposit
• Chow Tai Fook Nominee Limited v Diamond City Ltd and Wu Wai Leung, Danny [2021] HKCFI 3019 – Action for recovery of debt and estoppel
• Zhang Jizhi v Hong Kong TV International Media Group Limited & another [2022] HKCFI 308 – Dispute arising in sale and purchase of company
• Li Sau Ying v Bank of China (Hong Kong) Ltd (2004) 7 HKCFAR 579 – Leading Hong Kong decision on undue influence

Public

• Chairman and Deputy Chairman of the Preliminary Investigation Committee of the Medical Council of Hong Kong v Hospital Authority [2022] 1 HKLRD 16, [2021] HKCA 1793 – Appeal concerning powers of Chairman of the Medical Council to compel disclosure by Hospital Authority  
• AA & another v SFC (SJ as Intervener) [2019] 2 HKLRD 16, [2019] HKCFI 246 – Defending constitutional challenge of s. 181 of the Securities and Futures Ordinance  
• Yung Chi Keung v Protection of Wages on Insolvency Board (2016) 19 HKCFAR 469 – CFA decision on calculation of ex gratia payment under the Protection of Wages on Insolvency Ordinance
• Commission of Inquiry into Excess Lead Found in Drinking Water (2015-2016) – Represented the Hong Kong Housing Authority in a public inquiry

Civil Fraud

• Kot See For v Lam Man Cheung [2021] 2 HKLRD 263, [2021] HKCA 348 – Appeal concerning the privilege against self-incrimination in civil proceedings in an investment fraud claim
• Dacheng Enterprise Co v Global Bio Chem Technology Group Co Ltd [2018] HKCFI 2556 – Striking out of a claim concerning director’s authority to compromise a claim on behalf of a listed company and allegations of fraud

Tax

• Shui On Credit Co Ltd v Commissioner of Inland Revenue (2009) 12 HKCFAR 392 – Appeal on profits tax assessment and tax avoidance scheme
• Kwong Mile Services Ltd v Commissioner of Inland Revenue (2004) 7 HKCFAR 275 – Approach on appeals from the Board of Review on error of law

DIRECTORY RANKINGS

• Commercial Dispute Resolution (Chambers and Partners 2022)
• Commercial Disputes (Legal 500 2022)
• Commercial Litigation 2021; Mainland China & Hong Kong SAR – Litigation (Who’s Who Legal)

DIRECTORY QUOTATIONS

• “… held in particularly high regard for his well-developed expertise in the securities, finance and insolvency areas and has also appeared for the Department of Justice in judicial reviews of construction and town planning cases. Sources respect him as “a very solid and deep-thinking practitioner” whose court manner is much appreciated by the Bench, one interviewee reporting: “His advocacy is second to none and his name is a brand – one of the best-regarded names in town.”” (Chambers and Partners 2022)
• “A very experienced senior counsel at the Hong Kong Bar.” (Legal 500 2022)

Commercial & Banking

• Daimler AG v Leiduck [2012] 3 HKLRD 119 (CA), [2013] 2 HKLRD 822 (CA), [2014] 3 HKLRD 56 (CFI), [2018] 1 HKLRD 40 (CFI), [2018] 1 HKLRD 1188 (CFI), [2020] 3 HKLRD 579 (CFI), [2021] HKCA 328: Ongoing multi-jurisdictional dispute involving multiple issues of fraud, Mareva Injunction, settlement agreement, enforcement of undertaking, and issues of Russian law and psychiatric expert evidence, resulting in multiple leading decisions on various aspects of procedural and substantive law.
• Poben Consultants Ltd v Clearwater Bay Golf & Country Club (HCMP 2332/2016, 27 October 2017), [2019] 1 HKLRD 1110 (CA): Expungement of evidence on ground of “without prejudice” privilege in the context of dispute over private club debentures
• DBS Bank (Hong Kong) Ltd v Sit Pan Jit (HCA 382/2009, CACV 91/2015 & FAMV 45/2016): Leading case on contractual estoppel involving allegations of mis-selling by the bank

Regulatory & Disciplinary

• SFC v Lu Ruifeng [2020] 4 HKLRD 786 (CFI), [2022] HKCA 326: Joinder application raising applicable limitation period for claims under s 213 of the Securities and Futures Ordinance
• Registrar of Hong Kong Institute of Certified Public Accountants v X (No. 3) [2017] 5 HKLRD 568 (CA): Appeal against determination of Disciplinary Committee of the HKICPA raising issues of procedural fairness

Property & Probate

• Polyline Development Ltd v Ching Lin Chuen [2021] HKCFI 483: Strike-out application against multitude of claims made in respect of Ding House developments 
• Sino Channel Holdings Ltd v Vast Faith Investment Ltd [2020] 2 HKLRD 1286 (CA): Dispute involving proper interpretation of deed of mutual covenant
• Chow Lily v Chow Wai Wai Violet (HCAP 22/2019): Probate action in relation to the estate of the late business tycoon Chow Yei Ching

Personal Injuries & Employees’ Compensation

• Wo Chun Wah v Employees Compensation Assistance Fund Board [2019] 1 HKLRD 48 (CA): CA decision on proper approach to costs order against the Employees Compensation Assistance Fund Board
• Lo Siu Wa v Employees Compensation Assistance Fund Board [2017] 2 HKLRD 9 (CA), (2018) 21 HKCFAR 8: CFA decision on proper approach of interpreting employee compensation insurance policies

Public

• Kazuo Okada v Registrar of Companies [2019] 1 HKLRD 483: Judicial review of registrar’s decision to withhold registration of documents pending resolution of underlying corporate disputes
• Waddington Ltd v SFC [2018] HKCFI 2544: Judicial review of SFC’s decision to refuse carrying out investigations and to take out petition under s 214 of the Securities and Futures Ordinance
• Chan Thao Phoumy v Secretary for Justice [2018] 3 HKLRD 310: Application to set aside registration of external confiscation order made under s 29(1) of the Drug Trafficking (Recovery of Proceeds) Ordinance 

DIRECTORY QUOTATIONS

• “An accomplished S.C.” (Legal 500 2022)

Arbitration

As Arbitrator

• Appointed as sole arbitrator in an international arbitration concerning disputes arising out of a commission agreement
• Appointed as co-arbitrator in a share purchase agreement dispute worth around US$10 million

As Counsel

• Wingtech Group (Hong Kong) Ltd v Tat Chun Printed Circuit Board Company Ltd (CACV 223/2014): Acted for the respondent in an application to set aside the enforcement of a mainland arbitral award
• AO Smith Holdings (Barbados) SRL v Zhang Dacheng (HCMP 1132/2011): Acted for the defendant in respect of the plaintiff’s injunction application in aid of its ICC arbitration claims worth approximately US$26 million
• Fresh Gain Ltd v China Vocational Education Co., Ltd & Ors (HCCT 45/2011): Acted for the defendants in injunction proceedings brought under s45 of the Arbitration Ordinance
• Acted for an international pharmaceutical company in a claim worth over US$30 million against the vendors of a PRC business
• Acted for the defendants in a cross-border music concert claim worth over RMB100 million
• Acted for the guarantor in defense of a claim brought under a commodities sale and purchase contract
• Acted in a shareholder dispute concerning a land development project in the PRC

Banking

• Zillion Global Ltd v UBS AG [2020] HKCFI 953: Acting for the plaintiff in an unauthorised execution and mis-selling claim 
• Colvin Morton Brown v The Hongkong and Shanghai Banking Corporation Ltd [2019] HKCFI 526: Acted for HSBC in striking out the claim brought the director and shareholder of a former client of the bank
• KGI Futures (Hong Kong) Ltd v Li Kar Huen Christine (HCA 194/2010): Acted for the plaintiff securities company in a trial to recover a shortfall in the margin account used by the defendant for trading index futures 
• Zhang Zhatzewal v Shanghai Commercial Bank Ltd & Anor (HCA 1996/2009): Acted for the Bank of East Asia, Ltd in defence of a mis-selling claim

Bankruptcy

• Re Cao Zhong [2021] HKCFI 3143: Acted for the debtor in opposing the bankruptcy petition founded on a debt of over HK$149 million pursuant to a loan agreement
• The Joint and Several Trustees of the Property of Yeung Wing Sing v Yeung Wing Sing (A Bankrupt) & Anor [2021] HKCFI 2018: Acted for the trustees in bankruptcy in a trial to set aside an undervalue property transfer transaction pursuant to s49 of the Bankruptcy Ordinance
• Li Wo Hing v Raiffeisen Bank International AG, Beijing Branch (HCSD 19/2014): Acted for the respondent in opposing an application to set aside a statutory demand
• Shao Kung Chuen v The Bank of East Asia, Ltd (HCSD 35/2011): Acted for the respondent bank in opposing an application to set aside a statutory demand

Commercial Disputes

• Nexperia BV v Edal Electronics Company Ltd (HCA 1411/2021): Acting for the defendant in an electronic component distributorship dispute
• Signature Diamond LLC v Phillips Fine Watches Ltd [2021] HKCFI 192; [2019] HKCFI 2903: Acting for the defendant auction house in a claim for delivery of watches
• Golden Miles Group Holdings Ltd v Jacob & Co Ltd [2018] HKCFI 441: Acted for the plaintiff in a watch distributorship dispute
• Well Joint Trading Ltd v Chiu Chung Chiu [2012] 6 HKC 393: Acted for the plaintiff in an action to recover deformed steel bars
• ADP Pentagon Pets Ltd v Pets Central Asia Inc & Ors (HCA 1381/2009 & HCA 1941/2008): Acted for the plaintiff in a dispute with its joint venture partner in a pet shop/clinic business

Company and Shareholder Disputes

• Remedy Asia Ltd v Patrick Tong Hing Chi & Ors [2020] HKCFI 2792; [2020] HKCFI 398: Acted for Remedy Asia in a claim for damages for fraudulent and dishonest breach of duties against various directors
• Ng, Christina v Capella Capital Ltd & Ors [2020] 2 HKLRD 274: Acted for the company respondent in striking out or staying winding up proceedings pending the determination of the matrimonial proceedings between the petitioner and the 2^nd respondent
• High Fashion New Media Corporation Ltd v Leong Ma Li (HCMP 932/2020): Acting for the Defendant in an action for contempt for alleged failure to comply with an injunction order granted in the context of a shareholder dispute
• China Medical Technologies, Inc (in liq) & Ors v Wu Xiaodong & Ors [2020] 1 HKLRD 342; [2019] HKCFI 1266: Acted for the plaintiff in claims against former senior management in respect of alleged fraudulent misappropriation in excess of US$521 million
• Poon Ka Man Jason v Cheng Wai Tao & Ors [2019] HKCFI 938: Acted for the company defendant in the context of a common law derivative action brought by a shareholder of a company that operated various Japanese restaurants
• Chien Tsai Wan Judy v Chiu Tai Loy & Ors [2018] HKCFI 603: Acting for the plaintiff in a derivative action against directors for loss suffered by the company as a result of alleged breaches of duties
• Joint and Several Receivers of Pacific Bulk Shipping Ltd v Tong Zhenjun & Ors (HCMP 1244/2015): Acted for the defendants in respect of claims by the receivers for declarations as to the validity of their appointment together with orders of delivery up of properties and assets
• Wong Siu Ying Joyce v Kaywon Ltd & Anr (HCCW 104/2013): Acted for the petitioner in an insolvency/just and equitable winding up trial
• Chen Yung Ngai Kenneth v Shinewing Specialist Advisory Services Ltd (HCCW 279/2010): Acted for the respondent in respect of applications for removal of liquidators and for provision of books and records

Competition

• Competition Commission v Atal Building Services Engineering Limited & Ors [2022] 4 HKLRD 425: Acting for the Competition Commission in an enforcement action before the Competition Tribunal for contravention of the first conduct rule by engaging in price fixing, market sharing and/or bid-rigging

Employment

• Chen Xiumei v Li Siu Wo & Anr [2008] 4 HKLRD 429: Acted for the Employees Compensation Assistance Fund Board in employees compensation proceedings arising out of a fatal accident 
• Yi Shengmao & Ors v Wong Kam Piu & Ors (HCPI 742/2005): Acted for the Employees Compensation Assistance Fund Board in employees compensation proceedings arising out of a fatal accident
• Advised on various employment related issues, including employment policies of an investment bank, springboard injunctions, bonus disputes and equal opportunity claims

Insurance

• FWD Life Insurance Co (Bermuda) Ltd v Lam Chi Chuen Alpha & Sin Chau Yuk [2019] HKCFI 2878: Acted for the plaintiff insurance company to recover conditional advances paid to its former insurance agents
• FWD Life Insurance Co (Bermuda) Ltd v Cindy Poon Cindy [2019] 3 HKLRD 455: Acting for the plaintiff insurance company to recover conditional advances paid to its former insurance agent
• Cheung Kit Man v FWD Life Insurance Co (Bermuda) Ltd & Ors [2018] 5 HKLRD 259: Acting for the defendant insurance company in an equal opportunities claim
• Wong Ka Yick v AXA China Region Insurance Co Ltd (HCA 421/2017): Acted for the defendant insurance company against a claim brought by its former insurance agent for alleged breaches of an oral agreement
• Dah Sing Insurance Services Ltd v Gill Gurbux Singh (2016) 19 HKCFAR 454: Acted for the plaintiff insurance company in a claim for recovery of repayment of sign on fee and monthly allowance upon termination of the former insurance agent
• FWD Life Insurance Co (Bermuda) Ltd v Cheng Wing Yiu Dumas & Anr [2018] HKCFI 91: Acted for the plaintiff insurance company in an action to recover outstanding debts owed by a former insurance agent

Land

• Zhongtai International Securities Ltd v First Concord Investment Ltd [2018] HKCFI 2653: Acted for the plaintiff in an a claim for vacant possession of a real property and for money judgment for over HK$153 million
• Catherwood Ltd v Feng Jin Liang & Anor [2018] HKCFI 2383: Acted for the plaintiff in a trial to challenge an alleged undervalue sale of real property with the intent to defraud creditors
• Fordtime Industrial Ltd v Yip Shing Lam (HCMP 1373/2014; LDPE 757/2012): Acted for the respondent in a tenancy dispute in the Lands Tribunal and the Court of Appeal
• Lead Traders Ltd v Lucky Land Enterprise Ltd [2012] 4 HKLRD 612: Acted for the majority owner applicant in seeking a compulsory sale of a building for redevelopment
• Kiuwide Company Ltd v Tseung Ding Man (HCMP 1003/2013): Acted for the plaintiff in an adverse possession claim over certain New Territories land
• Mak Kam Chuen v Triple Joy Investments Ltd [2012] 1 HKC 412: Acted for the defendants in an adverse possession claim
• Urban Renewal Authority v Agrila Ltd (HCA 1582/2002): Acted for the defendants in a dispute concerning the development of an urban renewal project in Central
• Super Keep Investment Ltd & Anr v Wong Kwok Wa & Ors (HCMP 1760/2009): Acted for the plaintiffs in an indigenous villager housing development dispute

Matrimonial

• TCWF v LKKS & Ors [2013] 2 HKC 549; [2014] 1 HKLRD 896; [2014] 1 HKLRD 1014; [2014] 2 HKLRD 1046; FAMV 38, 39/2014: Acted for the 2^nd intervener at the appellate level challenging the financial provision awarded by the trial judge in a matrimonial dispute
• Secretary for Justice v FTCW & Ors [2014] 1 HKLRD 849; FAMV 9-12,15/2014: Acted for various interveners and defendants in respect of legal professional privilege and privilege against self-incrimination claims arising out of a matrimonial dispute

Professional Liability

• Roderick Miller v The Law Society of Hong Kong (HCMP 3269/2013): Acted for the Law Society in an appeal brought by a solicitor for its refusal to issue a practising certificate to him
• Acted for an accountant in respect of disciplinary proceedings brought against him by the Hong Kong Institute of Certified Public Accountants
• Advised a big four accounting firm in respect of auditor negligence issues

PRC and International Cross Border Disputes

• Re Seahawk China Dynamic Fund (in provisional liquidation) (FSD Cause No. 23 of 2022): Acted as expert witness on Hong Kong securities law issues in a just and equitable winding up action before the Grand Court of the Cayman Islands Financial Services Division
• Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd (HCMP 1449/2014): Acted for the joint and several receivers and managers of the defendant in the context of an international trade dispute which involved elements of PRC and UK proceedings
• Taibao Investment and Management (Hong Kong) Ltd v Kary Enterprises (Holdings) Ltd & Anr (HCA 642/2011): Acted for the 1^st defendant in respect of a dispute concerning a mainland golf club joint venture
• Liberty Media Holdings, LLC v FF Magnat Ltd (HCMP 1275/2012): Acted for the plaintiff in applying for injunctive and disclosure reliefs in the Hong Kong courts in aid of US proceedings
• Sherryknoll Enterprises Ltd & Ors v Grand Power Ltd (HCMP 1895/2012): Acted for the defendant in respect of the plaintiff’s claim for delivery up of share certificates for 500 million shares in a Hong Kong listed PRC state owned mining enterprise

Securities

• Leung Yuk Kit v SFC (SFAT Application No. 4 of 2021): Acted for the SFC in a review application brought by the client of securities accounts over which restriction notices had been issued
• SFC v An unknown person or persons purporting to carry on a securities and/or futures business known as Broadspan Securities and using the website www.broadspansecurities.com & Ors [2021] HKCFI 1444: Acted for the SFC in a claim brought under s213 of the SFO against persons who perpetrated a boiler room fraud
• SFC v Andrew Liu & Ors [2022] HKCFI 697; [2018] 1 HKLRD 320: Acting for the SFC in a s214 SFO claim for compensation and disqualification orders against various directors of a listed company
• SFC v Yiu Hoi Ying Charles & Ors [2021] HKCFA 41; (2018) 21 HKCFAR 475: Acted for the SFC in insider dealing claims brought against director and company secretary of a listed company
• Zhou Ling v SFC (SFAT Application No. 5 of 2020): Acted for the SFC in a review application brought by the client of a securities account over which restriction notices had been issued
• Yi Shun Da Capital Ltd v SFC (SFAT Application No. 4 of 2020): Acted for the SFC in an application by a sponsor for a review of the SFC’s decision to reprimand and fine it for sponsor failures 
• Pang Hon Pan v Hong Kong Monetary Authority (SFAT Application No. 4 of 2019): Acted for the HKMA in an application by a banker for a review of a disciplinary action against him
• SFC v Tong Shek Lun & Ors [2020] HKCFI 435: Acted for the SFC in a Carecraft procedure in respect of a s214 SFO claim for compensation and disqualification against various directors
• SFC v An Unknown Person or Persons Purporting to carry on a Securities and/or Futures Trading Business known as Cardell Ltd and/or Cardell Co Ltd & Ors [2019] 1 HKLRD 702: Acted for the SFC in a claim brought under s213 SFO against persons who perpetrated a boiler room fraud
• SFC v Li Han Chun & Ors [2019] HKCFI 1966: Acted for the defendant to increase the spending limit on legal fees prescribed by an injunction order in the context of a s213 claim brought by the SFC
• SFC v Sun Min [2017] 4 HKLRD 211: Acted for the SFC in a s213 SFO claim to seek payments by the insider dealer to the counter-parties to the insider dealing trades
• SFC v Yin Yingneng Richard & Ors [2015] 5 HKLRD 530: Acted for the SFC in a s214 SFO trial against directors of a listed company for compensation and disqualification orders
• SFC v Qunxing Paper Holdings Company Ltd [2014] 3 HKLRD 181: Acted for the SFC in respect of an application for the defendants for the variation of an injunction order in the context of a s214 SFO claim
• SFC v Hontex & Ors (HCMP 630/2010): Acted for the defendants in a s213 SFO trial whereby the SFC claimed declaratory and restitutionary reliefs against the defendants for overstating turnover and profit figures in a prospectus for the global offer for the subscription of shares in Hontex
• Market Misconduct Tribunal Inquiry Proceedings into dealings in the shares of Citic Ltd (2017): Acted for the former financial controller of Citic Ltd in a 53 day market misconduct inquiry in the trading of its shares
• Market Misconduct Tribunal Inquiry Proceedings in relation to the securities of Yorkey Optical International (Cayman) Ltd (2017): Acted for the SFC in an inquiry into breaches of disclosure requirements under Part XIVA SFO
• Market Misconduct Tribunal Inquiry Proceedings into dealings in the shares of Bank of China Ltd and China Construction Bank Corporation (2014): Acted for the SFC in an inquiry into the insider dealing and false trading of dealings in banking shares
• Peter Leung v SFC (SFAT Application No. 7 of 2013): Acted for the SFC in respect of an application brought by a licensed person to review a suspension decision
• Acted for the SFC and listed companies in a number of different applications to resume trading of shares pursuant to s9 of the Securities and Futures (Stock Market Listing) Rules
• Acted for a former executive director of a listed company in respect of disciplinary proceedings brought by The Stock Exchange of Hong Kong
• Advised and represented various individuals in a number of investigations and interviews conducted by the SFC and the HKMA

Trusts

• RB International Investments Asia Ltd & Anr v APAC Investment Holdings Ltd & Ors [2019] HKCFI 2922: Acted for the plaintiffs in a claim for a declaration that a defendant held over 490 million shares in a listed company on trust for the plaintiff
• Ho Po Ling Winnie, in her capacity as the Sole Executrix and Sole Beneficiary of the Estate of Yip Moon Wah Stephen, Deceased v Ip Kwai Ying & Ors (HCMP 3098/2014): Acted for the plaintiff in a claim for declarations that certain shares in a company were held on trust for the estate of the deceased and for damages
• Speed Sourcing Ltd & Ors v Rainbow State Investments Ltd & Ors (HCA 2298/2013): Acted for the defendants in an action by the plaintiffs for recovery of real property and shares held on trust
• Acting for various defendants in a claim brought by the beneficiary of a trust for breaches of fiduciary duties, dishonest assistance, knowing receipt and conspiracy

White-collar crime

• Ferrari North America, Inc v Changhon International Energy Co., Ltd & Ors [2019] HKCFI 2318: Acted for one of the defendants in an internet fraud claim
• Arrow ECS Norway AS v M Yang Trading Ltd & Ors [2018] HKCFI 975: Acted for the plaintiff in an internet fraud claim
• Ubiquitti Networks International Ltd v Chan Kim Chuen & Ors (HCA 1606/2016): Acted for the defendants in an internet fraud claim

Land

• Building Authority v. Appeal Tribunal (Buildings) (ENM Holdings Ltd) (2018) 21 HKCFAR 194 (interpretation of land grant concerning responsibility to maintain hillside slopes)
• Jovian Corporate Communications Ltd v. Link Wide International Investment (Hong Kong) Ltd [2016] 2 HKLRD 1287 (requisition of sale and purchase of office unit and meaning of partition)
• Wong King Lim v. The Incorporated Owners of Peony House [2013] 4 HKC 295 (adverse possession over common parts)
• Gold Shine Investment Ltd. v. The Secretary for Justice [2010] 1 HKC 212 (construction of Government lease)
• Chen Yu Tsui, the Executrix of the Will of Tong Kui Ming, decd v. Tong Kui Kwong [2006] 1 HKC 23 (co-tenant’s duty to account)
• Wong Wan Leung, Wong Kam Por & Wong Siu Chung, as the Managers of Wong Wai Tsak Tong v. Director of Lands, LDMR 10/1996, 28 June 2002 (valuation of Government lessee’s interest on resumption)
• Kar Ho Development Co Ltd v Axis Investment Ltd [2001] 1 HKC 86 (delay in completion and notice to rescind)

Trusts and Estates

• The Secretary for Justice v. Joseph Lo Kin Ching and others (2015) 18 HKCFAR 169 (construction of charitable bequest in a home-made will)
• ChinaChem Charitable Foundation Ltd. v. Chan Chun Chuen & another (2011) 14 HKCFAR 798 (contested probate claim and disputes over interim administration)
• Official Solicitor v. HSBC International Trustee Ltd [2011] 4 HKLRD 644 (liability of next friend to pay costs and indemnity from estate)
• Chung Wing On v. Chung Wing Piu [2006] 3 HKC 546 (capacity of a specific legatee who takes as joint tenant under a will to serve notice of severance before administration is completed)
• Anthony Eric Ryan Hotung v Ho Yuen Ki [2002] 3 HKLRD 641, [2005] 4 HKLRD 558, [2007] 4 HKLRD 384 & [2010] 2 HKLRD 304 (dispute between beneficiary and trustee)

Tax

• The Commissioner of Inland Revenue v. Common Empire Ltd. [2007] 1 HKLRD 679 (appeal against decision of Board of Review)
• China Map Ltd v. Commissioner of Inland Revenue (2008) 11 HKCFAR 486 (profits tax assessment and onus of proof)

Company & Insolvency

• Lam Kin Chung v. Soka Gakkai International of Hong Kong Ltd. [2018] 2 HKLRD 769 (dispute between a charitable company and one of its members)
• Li Man Wai v. Ngan Suet Fong Bonnie [2021] HKCFI 931 (bankrupt’s estate and beneficial ownership of property)
• Kwok Ping Sheung Walter v. Sun Hung Kai Properties Ltd [2009] 2 HKLRD 11 (termination of directors’ appointment)

Commercial

• Wah Lun International Development Ltd v. Lau Chiu Shing [2021] HKCFI 407 (acquisition of majority shareholding in a listed company)
• Pacific Electric Wire & Cable Company Ltd. v. Texan Management Ltd. & others CACV 90 & 91/2012, 17 September 2013 (knowing assistance, knowing receipt and equitable tracing)
• Bank of China (Hong Kong) Ltd v. Kanishi (Far East) Ltd & another [2002] 2 HKRLD 52 (charging order and “pledge” of shares)

Public

• Commission of Inquiry into Excess Lead Found in Drinking Water (2015-2016) (represented the Hong Kong Housing Authority)
• To Kin Wah v. Tuen Mun District Officer & others [2006] 1 HKC 407 (judicial review of District Officer’s role in appointment of managers of tso/tong)

Fraud and asset tracing

Recent or notable assignments:

• Sino Forest Corporation Litigation Trust v Chan (HCA 1696/2020, HCA 709/201 – claim value > C$3b);
• China Medical Technologies (HCA 3391/2016 – claim value > HK$4b);
• HK Zexin (HCA 3243/2016 – claim value > HK$1b);
• VTB Bank (HCMP 914/2014 – Russia, cross-border);
• China NTG (HCMP 1967/2012 – BVI, cross-border).

Selected cases:

• Transasia Private Capital Ltd v Cheng Yu [2022] HKCFI 1295 (Lis alibi pendens; setting aside default judgment).
• Amadeaus Investment Ltd v Lin Kao Kun [2019] 2 HKLRD 647 (Extension of writ; service out of jurisdiction).
• LoanDepot LLC v Yingcai Tech Ltd [2018] HKCFI 2172 (Trial; email fraud; bona fide purchaser for value without notice).
• Zhejiang Provincial Railway Investment International Trade Co., Ltd v HK Zexin Resources Co., Ltd [2017] HKCFI 1621 (Injunction; banker’s books application).
• Chan Su Chun v Dr Kung Yang Sum [2017] HKCFI 881 (Amendment; striking out; breach of statutory duty; conspiracy to defraud).
• Pacific King Shipping Holdings Pte Ltd v Huang [2015] 1 HKLRD 830 (Appeal; injunction; ancillary disclosure order).
• Yasmine (HCMP 1329/2014) (Criminal restraint order).
• Gold Access (HCMP 3142/2013) (Criminal restraint order).
• Kabushiki Kaisha Proje Holdings v King Power Group (HK) Ltd (HCA 350/2010) (Trial; breach of contract; investment consultancy agreement).
• Toggenburger v Luu (CACV 218/2012, HCA 815/2009) (Appeal; breach of contract; misrepresentation).

Arbitration

Recent or notable assignments:

• Sole arbitrator in a sale of goods dispute between a UK party and an HK party – ICC Arbitration
• Sole arbitrator in two related domestic HK construction disputes – ad hoc.
• Tribunal member in consolidated arbitrations between a Swiss corporation and an HK individual – HKIAC Administered Arbitration. 
• Sole arbitrator in a domestic HK construction dispute – UNCITRAL Rules.
• Sole arbitrator in an HK building management dispute – HKIAC Administered Arbitration.
• Sole arbitrator in a sale of goods dispute between an Indian party and a Japanese party – ICC Arbitration.
• Tribunal member in an arbitration involving emissions trading between a PRC corporation and a German corporation – HKIAC Administered Arbitration.
• Sole arbitrator in a construction arbitration between an HK contractor and an Australian sub-contractor – HKIAC Domestic Arbitration Rules.
• Sole arbitrator in an arbitration involving a sales contract between a Polish corporation and an HK corporation – HKIAC Administered Arbitration.
• Sole arbitrator in an HK building management dispute – HKIAC Domestic Arbitration Rules.
• Conducted approx. 20 mediations in commercial, banking and construction disputes.
• Counsel in an arbitration between a sub-contractor and a main contractor on a Macau casino development.
• Counsel in an arbitration between a U.S. talent agency and a Mainland PRC golf and property developer.
• Counsel in an arbitration between an Australian IT company and a Mainland PRC bank.
• Counsel in several arbitrations, and in an adjudication, between HK contractors and an HK public sector developer.
• Counsel in arbitral award enforcement proceedings between a U.S. energy company and an HK-based mining company.
• Counsel in arbitral award enforcement proceedings between a Mainland PRC developer and an HK-based developer.
• Counsel in an arbitration between an HK-based contractor and a project insurer.
• Speaking engagements on reciprocal enforcement of judgments and awards between HK and the Mainland PRC.

Selected cases:

• ZPMC-Red Box Energy Services Ltd v Philip Geoffrey Adkins [2021] HKCFI 3501 (Commercial; joint venture; multi-party dispute; stay to arbitration).
• Penta Ocean Construction Co. Ltd v CWF Piling & Engineering [2007] HKLRD 233 (Appeal; arbitration; construction).
• United India Insce Co. Ltd v Hyundai Engineering & Construction Co. Ltd (HCCT 2/2005) (Appeal; arbitration; insurance; construction)
• Post-judgment/award injunctions: listed US oil company (HCCT 3/2013), Xiamen Xinjingdi (HCCL 13/2011) (post-judgment/award injunctions)

Construction

In the construction sector:

• Advised and/or represented developers, contractors, sub-contractors, consultants, insurers & liquidators on the full range of multi-tier delay/disruption, defects, termination, quantum, insurance, collateral security & JV disputes and on associated stay/enforcement/appeal proceedings.
• Experience covers public & private sector civil engineering and commercial & residential building claims (adjudication, arbitration, CFI, CA). 
• Since 2007, advised and appeared in 15+ substantial construction arbitrations or adjudications, in both the private and public sectors.
• Very active in the intersection of the construction sector and pure construction disputes with commercial litigation, arbitration and mediation; restructuring, insolvency and companies work; public and environmental law; and professional negligence and insurance.

Recent or notable construction engagements:

• Advice and pleadings for a fire safety contractor in respect of a claim following a major fire at a marine facility (litigation).
• Advising a European public sector client on procurement from HK under the WTO Government Procurement Agreement.
• Advising a public sector client on rights and obligations following the insolvency of a main contractor (litigation).
• Advising a private developer on an architectural services agreement for a building project.
• Advice, pleadings and representation for a specialist sub-contractor on a large Macau building project (arbitration).
• Advising a specialist contractor on completion obligations under a major public sector transport contract.
• Advising a sub-contractor on litigation proceedings under a major public sector transport contract.
• Advising a public sector client on contractual delay recovery provisions on infrastructure mega projects.
• Advice and pleadings for a public sector client on a highways dispute (arbitration).
• Advice, pleadings and submissions for a public sector client in a highways dispute (arbitration).
• Advice and representation for a public sector client in a civil engineering dispute (adjudication).
• Advice, pleadings and representation for a contractor on a public sector foundations work dispute (arbitration).
• Advice and representation for a developer on a private building dispute (litigation).
• Advice and representation for a public sector client in a building dispute (arbitration).
• Advice and representation for a contractor in a major building dispute (arbitration).
• Advice and representation for a public sector client on a major building dispute (adjudication).

Selected cases:

• Xiamen Xinjingdi Group Ltd v Eton Properties Ltd [2012] HKCA 528, [2012] HKCFI 1759 (Post-trial injunction; construction; private international law; arbitration).
• Lead Traders Ltd v Lucky Land Enterprise Ltd [2012] HKCA 498, [2012] 4 HKLRD 612 (Appeal; compulsory acquisition).
• UDL Contracting Ltd v Apple Daily Printing Ltd [2008] 2 HKC 534 (Service of writ; default judgment; construction).
• Penta Ocean Construction Co. Ltd v CWF Piling & Engineering [2007] HKLRD 233 (Appeal; arbitration; construction).
• Hsin Chong Construction (Asia) Ltd v Henble Ltd (HCCT 23/2005) (Construction).
• Shiu Wing Steel Ltd v DoEP (2006) 9 HKCFAR 478 (CFA) (Judicial review; environmental law).
• United India Insce Co. Ltd v Hyundai Engineering & Construction Co. Ltd (HCCT 2/2005) (Appeal; arbitration; insurance; construction).
• Cosmic Insurance Co. Ltd v Prosperity Construction Co. Ltd (HCCT 39/2003) (Construction).
• Secan Ltd v Wong Ping Wai (HCCT 93/1999) (Trial; construction; professional negligence).
• Heerim Architects & Engineers Co. Ltd v Tom Ip & Partners (HCCT 73/2002) (Summary judgment; construction).
• Schindler Lifts (HK) Ltd v Ocean Joy Investments Ltd [2003] 1 HKC 438 (Summary judgment; construction),
• Malayan Banking Bhd v China Insurance Co. Ltd [2002] HKCFI 211 (Construction; further discovery).
• Wing Mou Construction Co. Ltd v Cosmic Insurance Co. Ltd (HCCT 48/1999) (Joinder of parties; liquidation; construction).
• Tridant Engineering Co. Ltd v Mansion Holdings Ltd [2001] 1 HKLRD 783 (Appeal; construction).
• SKK (HK) Co. Ltd v Ip Kin Keung (HCCT 22/2001) (Default judgment; construction) 

Employment

In employment disputes:

• Appeared in a wide range of employment cases (team moves, restrictive covenants, confidentiality), often arising from applications for urgent interlocutory relief.
• Clients include: Ashton Hawks, Richemont, HJ Innoxcell, McLarens, Rothschild, TFS Derivatives, Vistra, BTG.

Selected cases:

• Lam Siu Wai v Equal Opportunities Commission [2021] 5 HKLRD 30 (Employment; termination; implied duty of good faith).
• Ashton Hawks Ltd v Chan [2021] HKCFI 681, [2020] HKCFI 2769 (Employment; springboard injunction).
• McLarens HK Ltd v Poon Chi Fai Corey [2019] 3 HKLRD 403 (Employment; springboard injunction).
• Tang Yi v Edmond de Rothschild Asset Management HK Ltd [2018] HKCFI 1050 (Letters rogatory).
• Wilson International Trading Private Ltd v Cariappa (HCA 1798/2010) (Injunction; employment).
• New York Life Insurance Worldwide Ltd v Ho (DCCJ 3370/2005) (Summary judgment; employment).
• Hill v Ontarget Advisory Services Ltd (HCA 56/2007 and HCMP 2461/2006) (Legal professional privilege; costs).

Professional negligence

• First Asia Finance International Ltd v Tso Au Yim & Yeung [2017] 5 HKLRD 746 (Trial; professional negligence).
• Chan Shu Chun v Dr Kung Yan Sum (HCA 832/2014) (Amendment; striking out; breach of statutory duty; conspiracy to defraud).
• Grand Field Group Holdings Ltd v Tsang (No. 2) [2010] 4 HKLRD 487 (Solicitors’ liability for costs).
• Secan Ltd v Wong Ping Wai (HCCT 93/1999) (Trial; construction; professional negligence).

Judicial review and planning

• Marasinghe v Director-General of Civil Aviation [2019] 5 HKLRD 661 (Judicial review; rolled up hearing).
• Lead Traders Ltd v Lucky Land Enterprise Ltd [2012] 4 HKLRD 612 (Appeal; compulsory acquisition).
• Woomera Co. Ltd v Commissioner for Transport (HCAL 146/2008) (Judicial review).
• Shiu Wing Steel Ltd v DoEP (2006) 9 HKCFAR 478 (CFA) (Judicial review; environmental law).

Companies, insolvency and bankruptcy

• Companies: HK Zexin (HCCW 348/2017), Dragon Spirits (HCCW 161/2017), Shrenuj (HCMP 1302/2016 – appointment of receiver), Primlaks (HCMP 1652/2015 – derivative action; rectification of register), Renco (HCCW 418/2011 – misfeasance).
• Bankruptcy: Chan Tung Yeung (HCSD 32/2014 – statutory demand by auction house), Lo Po Tong (HCA 431/2013 – transaction at undervalue), Eugene Kim (HCB 6290/2012 – joint venture dispute).
• Litigation funding: Sunlink (HCMP 91/2015), Berman (HCMP 1321/2010).
• Director’s disqualification, permission to work: CA Pacific (HCMP 203/2002).
• Schemes of arrangement: Wah Nam, Seapower Resources, I-China, Hung Mau, HK Pharmaceutical.

DIRECTORY QUOTATIONS

• “He is great with clients.”
• “A highly-regarded senior junior, he is a good advocate and always very well-prepared.” 
• “Thomas is a responsive and seasoned arbitrator with extensive experience in construction disputes. An excellent and determined advocate, who presents his case in measured yet very clear terms.”
• “Bright, practical and user-friendly, he rolls his sleeves up and gets stuck into, and masters, the detail. A pleasure to work with, and good with clients.”

Civil Fraud

Joyce is experienced in both bringing and resisting fraud claims, including cross-jurisdictional claim. She is regularly instructed to obtain injunctions and ancillary disclosure order and preservation of assets order.

• Zief Inc v Tekchandani Ajai Mohan & Ors [2021] 3 HKC 69 – Acting for the plaintiff mobile phone apps provider who was deceived by email fraud and transmitted money to a bank account of a diamond trader in HK. The plaintiff successfully resisted the defense of bona fide seller raised by the diamond trader and prevailed at trial, with indemnity costs and enhanced interest costs order.
• Jewrim Ltd & Anor v S&C Ltd & Anor [2020] HKCFI 1983 – Acted for the defendant to successfully discharge the mareva injunction brought by the plaintiff based on parallel Russian proceedings for material non-disclosure and obtained indemnity costs
• UNA Trading Fze v Hong Kong Numismatic Promotion Co Ltd & Ors (HCA 1048/2018)Acting for the plaintiff company located in Dubai to recover amount paid under mistake caused by email fraud against defendants claiming to be bona fide seller for value without notice
• Banco del Austro v Regal Prosper Trading Limited & Ors (HCA 477/2015)Acted for plaintiff bank in obtaining ex-parte mareva injunctions and norwich pharmacal orders against defendants dealing with proceeds of e-banking fraud involving amount of over US$9 million

Commercial Disputes/Company matters & Shareholders Disputes

Joyce is a specialist in commercial disputes and has extensive experience in dealing with different camps of shareholders. She is regularly instructed in various interim applications such as striking out, summary judgment, different types of enforcement applications and trial work.

• Fruit Design & Build Ltd v Leung Kwok Pong also known as Adam Leung [2021] HKCFI 3391
  Acted for the plaintiff to successfully resist the discharge of garnishee order
• Tsoi Chik Sang Lawrence v Tasty Catering Group Limited & Ors [2019] HKCFI 82 and [2019] HKCA 481 and Tasty Catering Group Limited & Anor v Cheng Hung Kit & Ors [2020] HKCFI 2477 and [2021] HKCA 1211:-
  Acting for a new majority shareholder to resist being thrown off the board and management of the Company. The Company (Hang Heung Cake Shop) is a traditional cake shop with established goodwill and reputation in worldwide Chinese communities for its cakes and bakery products. Since 2011, the Company was embroiled in over 20 legal proceedings between different shareholders/stakeholders causing the Company to be put into receivership in 2019. Having advised and acted for the majority shareholders, they eventually secured control over the Company and resisted applications to invalidate decision of the general meeting and applications to amend to introduce a claim which has become time-barred. Both cases went on appeal and they were dismissed consecutively.
• Karupayee Ammal (as administratrix of the estate of Karupayee Selveraj, deceased) v G Toys Manufacturing Ltd [2020] HKCFI 912:
  Acted for the plaintiff administratrix successfully an order mandating the company to transfer and register the deceased’s shares in her name and to rectify the company’s member’s register
• Christian Emil Toggenburger & Ors v Luu Hung Viet Derrick & Ors HCA 815/2009, CACV 218/2012 (led by Mr.Thomas Lee) – Acted for plaintiffs in misrepresentation/restitution claim against defendants involving amount of over HK$100m
• On Sky Enterprise (HK) Ltd v Lanco International Holdings & Ors HCA 529/2010 HCMP 921/2010 (led by Mr. Ambrose Ho S.C.)
  Acted for defendants in application to dismiss action for want of prosecution
• Yuen Kee Ho Gold Jewelry Accessories Co. Ltd & Anor v Qiao Feng Holdings Ltd & Ors (HCA 406/2014) Acted for plaintiff to obtain injunction against directors in setting up competing business and poaching of staff and soliciting customers; and advised in related winding-up and matrimonial proceedings
• Hummingbird Music Ltd v Dino Acconci & Anor [2007] 4 HKLRD 79 Hummingbird Music Ltd v Dino Acconci & Anor [2010] 1 HKLRD 587 (led by Mr. Ambrose Ho S.C.) Acted for defendants artists to resist injunction restraining their ability to work for others until expiration of contractual term and to obtain injunction against their record company/manager to restrain them from unlawfully interfering with their business with others.

Land

• Max Win Development (HK) Limited v Lam Ngok Hing & Ors LDCS 37000/2019 (led by Mr. Ambrose Ho S.C.) Acting for one of the respondents to resist order for compulsory acquisition and argued on the interpretation of section 3(1) and (2) of the Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545)
• Kingdom Miles Limited v Ever Crystal Ltd [2018] HKCA 967 Kingdom Miles Limited v Ever Crystal Ltd [2017] 2 HKLRD 732 (both led by Mr Edward Chan S.C.)Acted for the plaintiff to seek a determination whether requisitions answered satisfactorily and good title shown as a result of missing title documents
• The Grande Properties Management Ltd v Sun Wah Ornament Manufactory Ltd (2006) 9 HKCFAR 462 (led by Mr. Ambrose Ho S.C.)
  Acted for plaintiff in building management matters on the issue of validity of retrospective resolutions passed by majority owners

Insolvency

• Re Gabriel Ricardo Dias-Azedo [2013] 4 HKLRD 549 Acted for funding creditor in obtaining payment from bankrupt’s estate in the same priority as the costs of petition
• Re Y Ltd (HCMP 2418/2013): Acted for the liquidators in obtaining leave to issue protective writ and related gagging order against auditors of insolvent company

Intellectual Property

• Hang Heung Cake Shop Co. Ltd v Cheng Hung Kit (HCIP 61/2020): Acting for the plaintiff bakery company to claim against ex-director for infringing the intellectual property rights of the company by the sale of counterfeit products
• JK Holdings Ltd v Activator Co Ltd (HCA 1896/2020): Acting for the Taiwanese film producer and director of award-winning “Iwierdo” film to defend against the copyright infringement and passing-off claim by the Hong Kong film producer
• Butao Ramen Limited & Ors v Ikuta Satoshi & Anor (HCA 1064/2013) Acted for plaintiffs against director in setting up competing business using plaintiff’s goodwill, trademarks and branding

Tax

• Ngai Lik Electronics Co Ltd v The Commissioner of Inland Revenue (2009) 12 HKCFAR 296 (led by Mr. Ambrose Ho S.C.) Acted for Inland Revenue Department in claim involving tax avoidance scheme

Insurance

Advised Sun Life Insurance and China Taiping Insurance in reviewing their contractual terms and advising in compliance issues with regulators on a range of their insurance products

Probate/Mental Incapacity

Joyce is regularly instructed to advise on probate related matters and/or mental incapacity issues and apply for orders regulating the property and affairs of the mentally incapacitated persons, administrator pendente lite, ad colligenda bona grant, etc.

Commercial / Company

• Daimler AG v Herbert Heinz Horst Leiduck and Anor, HCA 4089/1994, CACV 172/2011 – Multi-jurisdictional commercial dispute against one of the most famous car manufacturers Daimler AG on international sale of goods contracts involving issues of Mareva injunction, fraud, bribery, privilege, interrogatories, sanctions of pre-emptive order, medical issues etc. that spanned almost 30 years. In particular, this case is linked to the US SEC’s investigation and sanction of Daimler AG.
• Gao Haiyan and Another v Ma Maogen HCA 466/2012; Achieve Goal Holdings Ltd v. Zhong Xin Ore-Material Holding Co Ltd HCA 1987/2005 (also other related actions in HCA 1315/2012, HCCT 41/2010, CACV6/2019, FAMV 163/2020 etc.) – A series of shareholders’ disputes for the control and ownership of a coal mine situated in Shaanxi, PRC valued over RMB 2 billion fought across the border whereby issues such as enforcement of arbitration award, contractual interpretation, PRC tax law, fraud (upon both parties and Courts of Hong Kong and mainland PRC), misrepresentation, etc. are intertwined.
• La Dolce Vita Fine Dining Co Ltd v. Zhang Lan (HCMP 473, 474/2015; HCMP 585,586/2017; HCCT 35, 36/2019; 最高法民特4號, 5號) – A USD300 million multi-jurisdictional dispute involving the sale and purchase of a famous Chinese restaurant chain “South Beauty” by a private equity fund CVC. The main proceedings were conducted by way of CIETAC arbitration (applying HK law) whilst ancillary litigations were conducted in various jurisdictions such as mainland PRC, HK, Singapore and the US.
• Yingde Gases Investment Ltd v Shihlien China Holdings Co Ltd HCA 2059/2012 – A cross-border commercial dispute between partners of a joint-venture involving issues including jurisdiction, arbitration clause, interpretation of contract etc. and foreign laws including PRC law and Taiwan law.

Arbitration

• Represented an investment fund in a multi-jurisdictional commercial battle for the control and operation of a world-famous French cuisine brand established by a renowned Michelin-starred French master chef. Various litigations and arbitrations were instituted both in Hong Kong (HKIAC arbitration, CIETAC arbitration) and in mainland PRC (SHIAC arbitration, court litigation and various trademark disputes in PRC). The disputes centre around the licencing rights and goodwill to open and operate restaurants, tearooms, cellars, etc. under various shareholder’s agreements, sale and purchase agreements and licencing agreements.
• Represented a PRC based investment fund in HKIAC proceedings against respondents of various jurisdictions arising out of shareholders’ agreement and sale and purchase agreement and successfully obtained Mareva injunctions in multiple jurisdictions in aid of arbitration.
• Represented a PRC State Owned Enterprise in HKIAC proceedings to enforce a sale and purchase agreement of certain machinery.
• Represented a Taiwan listed company in HKIAC and court proceedings in relation to a dispute of trading and agency agreement in the electronics industry.
• Represented a foreign owned real estate developer in CIETAC proceedings to enforce contracts relating to the sale and purchase of certain real estate project.

Personal Injuries

• Lo Siu Wa v Employees Compensation Assistance Fund Board and Anor [2018] CFA 3 – Leading case on interpretation of insurance policies in the area of personal injuries and employees’ compensation.
• So Yuk Kam v Liu, Chan & Lam (a firm) and Another CACV 105/2014 – A personal injury case where professional negligence of a solicitor firm and the proper statutory interpretation of the Employees’ Compensation Assistance Ordinance, Cap 365 in respect of the duties and obligations of the Employees Compensation Assistance Fund Board was\s hotly disputed.

Family

• W v C [2013] 2 HKLRD 602 – Acted as the amicus curiae in divorce proceedings whereby the issue of domicile, the jurisdiction of the Court to hear the divorce petition and the application of the principle of forum non conveniens were raised.
• Y v W, FCMC 1847/2011 – A jurisdiction challenge in a matrimonial dispute where the Domicile Ordinance, Cap 596 was first analyzed and applied since its coming to force in Hong Kong with PRC law opinions involved.

Land and Trust

• Lawin (HK) Ltd v Ng Yau Fong Yvonne and Ors [2022] 2 HKCFI 410 – Acting for several parties in a group of multi-party litigations involving disputes in land and issues including partnership, joint venture, agency, beneficial interest of a purchaser of land before completion, breach of fiduciary duties and voidable dispositions of land.
• Wong Kam Tong v The Incorporated Owners of Yuen Long Tin Shing Court, [2012] 2 HKLRD 1128 – Leading case on the Court’s approach to award costs in the post-CJR era.
• New Champion (HK) Ltd v Treble & Triple Ltd, HCA 2691/2008 – Conveyancing dispute involving the interpretation of sale and purchase contract, especially the “escape clauses”.

Others

• Secretary for Justice v Chan Thao Phoumy and Another, [2018] 3 HKLRD 310 – Rrepresenting the Secretary for Justice in a landmark application to enforce the confiscation order made by the Intermediate People’s Court of Guangzhou in Hong Kong.

DIRECTORY QUOTATIONS

• “Clark is excellent in understanding the client’s commercial goals and provides thoughtful strategic advice. He has a good command of the facts, and his legal submissions are succinct and to the point.” (Legal 500 2022)
• “He is analytical, diligent and thorough in his research and preparation.” (Legal 500 2023)

Financial Regulations

• Market Misconduct Tribunal inquiry re China Forestry Holdings Co. Ltd. (delisted): Acted for a former executive of a listed company in market misconduct proceedings involving allegations of publication of false and misleading information inducing transactions and insider dealing 
• Market Misconduct Tribunal inquiry re China Gas Holdings Limited (stock code 0384); Securities and Futures Commission v Cheng Chak Ngok [2018] 4 HKLRD 612, [2018] HKCA 590: Appeared for the Securities and Futures Commission before the Market Misconduct Tribunal and in the Court of Appeal in a case concerning insider dealing and the burden of proof in inquisitorial proceedings
• Securities and Futures Commission v Wong Yuen Yee & Ors [2017] 1 HKLRD 788: Appeared for the respondents in seeking discovery of unused materials against the Securities and Futures Commission in disqualification proceedings; [2019] HKCFI 2463: Appeared in the Carecraft hearing 
• Securities and Futures Commission v Yik Fong Fong & Ors, HCA 2524/2016: Acted for the respondents (pre-trial) in an insider dealing claim commenced and conducted as a High Court writ action 
• Securities and Futures Commission v Lee Sung Ho (also known as Stanley Lee and Stanley Sung Ho Lee) & Ors, HCA 2177/2011, 5 September 2012: Appeared for the respondent in striking out an insider dealing claim and resisting continuation of a Mareva injunction
• Advising on various inquiries by the Listing Division and/or proceedings before the Listing Committee and the Listing Review Committee of the Hong Kong Stock Exchange, particularly in relation to fitness and properness of individuals to act as directors of listed companies 

Banking and Finance

• Standard Chartered Bank (HK) Ltd v Pak Kwan Ho & Anor [2018] HKCFI 523: Acted for Standard Chartered Bank in a mortgagee action involving construction of an “all-monies” clause in a personal guarantee and allegations of undue influence
• Haitong International Securities Company Limited v Forever Star Capital Limited & Ors, HCA 1052/2021: Acted for the defendants in a $241 million dispute concerning a margin loan
• Chow Sang Sang Securities Limited v Shen Shui, HCA 190/2021: Acted for the defendant in a $470 million dispute concerning setting aside of a guarantee

International Arbitrations

• Acted for a party to a Sino-foreign joint-venture agreement, involving the issue of an arbitral tribunal’s jurisdiction to grant an anti-suit injunction against a party for its commencement and continuation of a parallel proceedings before a foreign court 
• Acted for a private equity fund against a founding shareholder, involving fraud and the failure to perform an agreement for buy-back 
• Acted for a borrower in an arbitration against a foreign lender, involving the issue of the characterization of a loan agreement as a repurchase agreement (repo) 

Complex Commercial 

• Chen Hongqing v Mi Jingtian & Ors [2021] HKCFI 648: Appeared for the plaintiff in joinder and injunction applications in a complex commercial dispute commonly known as the China Shanshui litigation 
• Ma Wai Wah & Anor v Suet Chai Kit Christopher & Ors [2018] HKCFI 842: Appeared in a trial of a contractual dispute between two co-founders of Neway Karaoke; CACV 283/2012, 17 April 2014: Appeared in the Court of Appeal on a striking out application
• Wah Lun International Development Ltd v Lau Chiu Shing [2021] HKCFI 407: Appeared in a trial involving the sale and purchase of a majority shareholding in a listed company; [2021] HKCFI 1976: Appeared for the defendant in a decision concerning sanctioned offer and appropriate interest rate
• Telings International Hong Kong Ltd v John Ho & Ors, HCA 2114/2005, 16 December 2009; CACV 10/2010, 22 October 2010: Acted for the plaintiff in a complex commercial dispute involving sale and purchase of company shares, financial schemes and reverse takeover

Civil Fraud 

• Hui Chi Ming v Koon Wing Yee & Ors, HCA 1479/2009, 25 September 2009: Appeared in an application for discharge of injunction on the ground of privilege against self-incrimination 
• Aesthetics Architecture Pty Ltd v Main Crown Enterprises Ltd, HCA 483/2012, 29 August 2013; CACV 188/2013, 11 August 2014: Acted for a transfer agent in an investment fraud claim, involving the issue of ministerial receipt

Insolvency and Bankruptcy

• Chow Wai Shing Daniel & Anor v Lu Ying [2020] HKCFI 2148: Appeared for the trustees-in-bankruptcy in a trial involving the issue of the proper approach to the valuation of thinly traded listed shares, the applicability of the concept of fair value, and the Shell Premium which was the special premium for a controlling stake in a Hong Kong listed company 
• Lau Yu also known as Jaffe Lau v The Hongkong and Shanghai Banking Corporation Ltd [2019] 2 HKC 18, [2018] HKCA 744: Appeared in an appeal concerning event of default under a settlement agreement and the prevention principle
• Patrick Cowley & Wong Wing Sze Tiffany v All Powerful Holding Ltd & Anor [2019] HKCFI 1731; [2018] HKCFI 1802; [2018] HKCFI 2542: Acted in a set of bankruptcy proceedings, involving the issue of the limit of the court’s jurisdiction under the Chabra principle vis-à-vis the wholly owned companies 
• Hau Po Man Stanley (Bankrupt) v Joint and Several Trustees [2008] 1 HKC 256: Appeared in the Court of Appeal in an appeal concerning the investigative powers of trustees-in-bankruptcy and period for discharge from bankruptcy<

Trust and Probate 

• Cheung Ting Kau, Vincent v Koo Siu Ying & Anor, HCAP 4/2011, 2 December 2016: Acted in an application for appointment of administrators pendente lite regarding the estate of Lim Por Yen
• Edward Eric Hotung & Anor v Winnie Ho Yuen Ki & Ors, HCA 857/2011, 7 September 2016: Appeared in a trial involving the nature of money advanced between two members in the Hotung family 

Land 

• Chin Ling Investment Ltd v The General of the Salvation Army, HCA 1/2012, 19 August 2016: Appeared in the trial concerning easement and interference with enjoyment of right of way
• Yip Kwok Sun v Poly Style Ltd [2018] HKDC 437: Acted for the registered owner in the trial of an adverse possession claim

Professional Duties and Civil Contempt

• Donald Koo Hoi Yan v Kao Li & Yip (a firm) (2009) 12 HKCFAR 830; (2009) 12 HKCFAR 904: Appeared in the Court of Final Appeal in an appeal concerning constituent elements of civil contempt and admission of fresh evidence on appeal

Bribery and Fraud 

• HKSAR v Rafael Hui & Ors, HCCC 98/2013; [2014] 5 HKLRD 15; CACC 444/2014, 16 February 2016; (2017) 20 HKCFAR 264: Appeared in the trial and the subsequent appeals involving the former Chief Secretary and former directors of Sun Hung Kai Properties for conspiracy to commit misconduct in public office and bribery 
• HKSAR v Lau Kam Ying (2013) 16 HKCFAR 595: Acted for the defendant/appellant in the Court of Final Appeal seeking to quash the conviction for conspiracy to defraud the Government for building a house under the Small House Policy 
• HKSAR v Chiang Lily & Ors, DCCC 265 & 266/2009; [2013] 3 HKLRD 18; FAMC 20/2013: Appeared for the defendant in a 62-day trial and subsequent appeals concerning conspiracy to defraud in the listing process   

Bankruptcy

• (On-going) Resisting of on-going simultaneous bankruptcy petitions claims against same Respondent on grounds of inter alia abuse of process
• Wong Kwok Ki Stephen & Anor v Wong Kin Keung & Anor, HCA 594/2017, [2018] HKCFI 178 : successful striking out of parts of defence on ground of irrelevance, claim involves application for sale under Partition Ordinance (Cap. 352) by bankruptcy trustees
• Application for sale under Partition Ordinance (Cap. 352) by bankruptcy trustees, including:
• • Re Lo King Leung & Anor, DCCJ 1112/2021
  • Re Lam Ming Fung Clarence & Anor, DCCJ 1716/2020
  • Re Lo Bun Hung William, DCCJ 6344/2020
  • Re Fan Yuen Ping, DCCJ 5122/2020
• Re Lau Yu; Patrick Cowley & Anor v All Poweful Holding Ltd & Anor, HCB 104/2017, [2018] HKCFI 1802, [2018] HKCFI 2542: led by Mr. Ambrose Ho S.C., resisting of proprietary injunction based on Chabra jurisdiction against assets of companies shares of which owned by bankrupt defendant
• Re Fook Hau Trading Company (a firm), HCB 6222/2016, [2018] HKCFI 165: successful bankruptcy application against partnership, partners located in PRC/passed away, enforcing debts worth HK$22M
• Re Moran Wayne Anthony HCB 108/2021: successful bankruptcy application against professional alleging reasonable prospect to repay debt by selling of yachts/vessels owned but delay in so selling caused by COVID
• Re Cheng Tun Sang HCB104/2017, [2018] HKCFI 58
• Re Tsang Hing Wong HCB 7696/2012
• Re 李偉賢 HCB4815/2012
• Re Gin Yiu Chung James HCB 5685/2011
• Re: Krzysztof Marszalek, Yu Shin Leung Grady [2012] 3 HKLRD 431

Banking and Finance

• (On-going) Successful Setting aside of judgment and writ of fi fa against bank based on alleged overcharging of interest invoking international legislations and banking regulations
• (On-going) Application for O. 88 possession order enforcing mortgage, defendant’s case that unconstitutionality of letter of no consent issued by police affects legality of bank’s actions/inactions rejected
• (On-going) successful resistance of Resisting of O. 14 application against bank for alleged receipt of deposit as agent for sale of real properties in Mainland PRC
• Standard Chartered Bank (Hong Kong) Limited v Pak Kwan Ho, HCA 1269/2015: successful O.14 application enforcing guarantee for claims in the sums of HK$14M and US$2M
• Standard Chartered Bank (Hong Kong) Limited v Shayne Chandler Limited DCCJ 1855/2020
• Standard Chartered Bank (Hong Kong) Ltd. v Ease Keen International Ltd., HCMP 2687, 2688/2016
• Standard Chartered Bank (Hong Kong) Limited v Lie Farren, HCMP 78/2021, [2021] HKCFI 3429
• Standard Chartered Bank & Anor v Ease Keen International Ltd & Others, HCA 1622/2016
• Standard Chartered Bank (Hong Kong) Limited v Ravissant Ltd HCMP 306/2016
• Standard Chartered Bank (Hong Kong) Limited v Hong Kong Tun’s Paper Limited HCMP 1752/2016
• Advised on credit card debts against defendant alleging unauthorized use of card via Apple Pay payment services
• Advised on business loans against defendant alleging wrongful freezing of accounts
• Advised on (in Chinese to Mainland-PRC clients) legality of Loan Agreements and Charges over shares under HKSAR Law

Land

• Sea Reach Limited v Chu Siu Fai HCA 1014/2015: successful resisting of O.14 summary judgment application in case regarding possible development and/or sale and purchase of Ding House
• Superene Ltd. v Metro Fair Ltd., CACV 230/2013: led by Mr. Edward Chan S.C., successful opposition to appeal regarding dispute over ownership of external wall of building
• Hung Shun Yee v Secretary for Justice, HCA 1809/2015: successful application for injunction in adverse possession claim regarding unleased government land
• The IO of Jing Hui Garden v Ng Kei Sang, CACV 242/2010: appeal regarding enforcement of DMC and contempt of court proceedings
• The IO of Fu Fai Gardens v China Concept Technology Co. Ltd., DCCJ 4044/2013- successful enforcement action of DMC against unauthorized partitioning of flat
• Advised on issuance of proceedings, lis pendens registration and effect of the same on possible attempts to sell flat by defendant in wrongful ownership/possession of real property
• Advised on building management/DMC disputes regarding alleged denial of access and wrongful possession of common parts
• Advised on claim for implied grant of right of way by way of simultaneous disposition
• Advised on terms and conditions of sale/Government grant and obligation of purchase of land in the preservation, conservation and/or compensation of particular trees in the Lot
• Advised on issues regarding legality of “Ding” house sale and purchase agreements

Garnishee proceedings

• Eferton DMCC v Standard Chartered Bank (HK) Ltd (as Garnishee), HCCT 32/2016: resisting of garnishee and discovery proceeding based on a UK arbitration award to the value of US$37M
• Depula & Clark Inc. v Mulimba Ndumbi & SCB (HK) Ltd, DCCJ 4013/2014: resisting of garnishee proceeding based on claim of email fraud by person unknown

Trusts and Estates

• Lily Dorothy Chan & Anor v Chan Orlando Yiu-Kui, HCMP 1043/2018, [2020] HKCFI 388: defending of application for change of executor of estate valued at more than CAD$20M
• Advised on the proper administration and distribution of estate

Insurance

• AIA International Limited v Cheung Siu Yin, DCCJ 1456/2014: successful summary judgment application on behalf of insurance company in agency contract/advancement dispute against insurance agent)
• AIA International Limited v Wong Yuet Yue, DCCJ 4054/2014: assessment of damages on behalf of insurance company in agency contract/advancement dispute against insurance agent

Personal Injury

• Man Yun Fei Angela v Chan See King & Anor, DCPI 1744/2013: representing defendant in a 3 day personal injury trial, defendant pleaded guilty to careless driving charge, causation disproved and quantum adjudicated at HK$0
• Advised on Evidence, Liability, Quantum and Sanctioned Offers/Payments for personal injury claims for both plaintiffs and defendants

Arbitration

• Conducted 5-day ad-hoc arbitration trial in US$3.9 claim and US$5M counterclaim in international sales of goods case from PRC to Pakistan via Hong Kong
• Successful US$2.3M claim for a PRC telecom company against a Taiwan computer chip manufacturing company in the HKIAC on contract for development of chips (both initial 1 month trial and subsequent re-hearing on limitation issue)
• Advised on garnishee proceedings based on London arbitration award against sums in bank accounts in Hong Kong and set-off thereof

Criminal

• HKSAR v Rafael Hui & Ors, HCCC 98/2013, CACC 444/2014, [2017] 2 HKLRD 1: bribery/misconduct in public office charge against the former Chief Secretary of Hong Kong, at trial and on appeal

Others

• Advised on limitation of action related matters
• Advised on taxation of costs and “indemnity principle”
• Advised on trademark and product description related matters of alcohol hand sanitizer products sold in USA
• Advised on claim for return of money advanced to money exchanger subsequently frozen by Bank/Police Force under letter of no consent
• Advised on company dispute and interpretation of Memorandum/Articles of Association
• Advised on possible judicial review application regarding environmental issues by nearby manufacturing plant
• Advised on family status discrimination against employee
• Advised on alleged disability discrimination by employee against employer

Commercial

• Gao Haiyan & Ors v Keeneye Holdings & Ors HCA 1315/2009 and Ma Maogen v Gao Haiyan & Ors HCA 466/2012 (heard together) – A dispute involving the ownership of shares of multiple PRC companies and specific performance of an oral agreement in a commercial dispute over a coal mine valued at RMB1,700 million
• Tremendous Success Holdings Limited v Sinosoft Technology Group Limited & Ors HCA 2345/2013 and Janful & Ors v Sinosoft Technology Group Limited & Ors HCA 1613/2013 and Law Ka Leung, Victor & Ors v Xin Yingmei & Ors HCA 2423/2013 (heard together), 11 July 2016 – An Order 11 jurisdictional challenge and forum non-conveniens application in 3 actions involving breach of fiduciary duties, tort of conspiracy, a common law derivative action, and libel and malicious falsehood (led by Edward Chan S.C.).
• Brassart Jacqueline Marcelle v R & P International Accounting Affairs Limited & Ors, HCA 305/2015 – Acting for the plaintiff, as a victim of a mortgage fraud, successfully establishing a claim in fraud against the alleged fraudsters.
• China Railway Investment Group (Hong Kong) Limited v Eternity Profit Investments Limited & Ors [2018] HKCFI 1928 – An application to amend the pleadings after more than 2 years of inaction and after the expiry of the limitation period (led by Horace Wong S.C.)
• Loandepot.com, LLC v Yingcai Tech Limited & Ors [2018] HKCFI 2172 – Successfully resisted a tracing claim of the plaintiff based on the defence of bona fide purchaser
• Graceful Win International Limited v Goldstar Success Limited & Ors [2019] HKCFI 2831 – An application involving striking out of the plaintiff’s claim in an action involving breach of contract, Quistclose trust, unjust enrichment and unlawful means conspiracy (led by Horace Wong S.C.).
• 章晶历 v 吴聅模 & Ors [2020] HKCFI 359 –  Successfully enforced an arbitral award by applying for a charging order absolute over shares of a listed company beneficially owned by the debtor but registered in name of a third party.
• Poon Kai Ming & Ors v Li Tung Cheung Martin [2020] HKCFI 3139 – Successfully claimed beneficial ownership of shares of a private company registered in the name of the defendant
• Zhou Yacai v Standard Chartered Bank (Hong Kong) Limited [2022] HKCFI 355 – An application for a Norwich Pharmacal Order against the defendant 

Personal Injuries

• Ho Suk Man v Sit Tim Mau & Others, HCPI 122/2011 – Appearing for the plaintiff, in a case involving pre-existing conditions and the application of the principles in Chan Kam Hoi v Dragages et Travaux Publics, where the medical evidence was hotly disputed
• Kan Shui Lai Joely v Hospital Authority [2021] 2 HKLRD 63 – Acted for the Plaintiff in a 4 days trial for a personal injuries action involving injuries at workplace

Bankruptcy

• Re Dai Guoliang [2019] 2 HKLRD 332 – Successfully obtained a bankruptcy order against a debtor claiming to be domiciled and resident in Fujian province, where the Court found that the three core requirements for exercising the Court’s winding up jurisdiction over an overseas company should not be imported in bankruptcy proceedings.  
• Fred Lee and Chow Wai Lan, Christine, trustee of the property of Law Shui Kei, a bankrupt v Lee & Wu (A firm) & Anor [2017] HKCFI 1595 – Advised and acted for trustees-in-bankruptcy in an application for declaratory relief vesting monies in a former law firm’s office account with the bankruptcy estate of the sole proprietor. 
• Acted for petitioners and debtors alike across numerous other bankruptcy petitions, including Re Miao Zhenguo [2022] HKCFI 1852, Re Cao Zhong [2021] HKCFI 3143, Re Wong Chiu Wo Richard [2021] HKCFI 531, Re Chiu Chi Hong [2020] HKCFI 2486, Re Chen Yen Fen [2020] HKCFI 1248, Re Li Xiaoming [2019] HKCFI 2782, Re Tam Siu Ki [2019] HKCFI 83 – Successfully obtained bankruptcy orders against various debtors situated in Hong Kong and the PRC in opposed bankruptcy petitions.
• Regularly advises and acts for trustees-in-bankruptcy and creditors of bankruptcy estates on the realization of assets, income payments order under s.43E of the Bankruptcy Ordinance (Cap. 6) and objections to the automatic discharge of bankrupts. 

Commercial fraud/civil recovery

• Chinacast Education Corp. & Ors v Chan Tze Ngon & Ors [2015] HKCFI 1890; [2017] HKCFI 1350– Successfully defended a former Chief Accounting Officer of a NASDAQ listed company sued for alleged connivance of massive fraud committed against the company. Led by Nicholas Cooney S.C.
• Wang Xiaojing v Li Boshou & Ka Wah Investment Holdings Ltd (HCA 1405/2018) – Acting for a Mainland investor in a HKD 30m fraud claim against another Mainland investor purporting to invest in and purchase publicly listed shares held by a Hong Kong company. Successfully resisted a forum non conveniens application.
• JB Management Limited & Ors v Lau Lik Wah David & Ors (HCA 908/2021) – Obtained a Mareva injunction and ancillary disclosure orders against a former financial controller employee who had committed accounting fraud against the plaintiff. Led by Thomas Lee.
• Advised and acted for victims of email/telephone fraud, including obtaining Mareva injunctions, tracing the proceeds of fraud and obtaining judgment against recipients of the proceeds (whether default judgment or judgment after trial). 

Companies / Winding-up

• Bio-Chem Technology (HK) Ltd v Bio-Chem Technology (HK) Ltd [2019] 2 HKLRD 1087 – Acted for a subsidiary of a Hong Kong listed company in obtaining an interlocutory injunction restraining the defendant from presenting a winding up petition against the plaintiff pending the award of an arbitration claim against the defendant.
• Wong Chung Chi v Yuilley Building Materials Co. Ltd & Ors [2019] HKCFI 324 – Successfully resisted an unfair prejudice winding up petition at trial as sole advocate. 
• Lam Kwok Kai v Orient Venture Investment Ltd & Anor – Acted for a petitioner in an unfair prejudice winding up petition.
• Re Tung Shun Securities Ltd (HCMP 2276/2020) – Advised and acted for a former securities company to obtain discharge of trust holdings of unclaimed securities and funds qua securities brokerage in preparation for voluntary liquidation.
• Acted for and advised on directors’ disqualification proceedings, including the use of the Carecraft procedure.  

Employment

• AB Club Ltd & Ors v Chan Yin Ki Cubie & Ors [2020] HKCFI 2769, [2021] HKCFI 681 – Acted for a company group in a “team move” case in obtaining an injunction restraining former employees from solicitation of clients as well as confidentiality undertakings. Led by Thomas Lee. 
• Richemont Asia Pacific Ltd v Jing He (also known as Jing He) (HCA 1361/2020) – Acted for a former Senior Vice President of HR of a well-known international luxury goods producer in resisting an interim injunction imposing post-termination restraints. Led by Thomas Lee.
• Advised and drafted claims for clients at the Labour Tribunal. 

Land & property management

• Grand Planet Ltd v The Incorporated Owners of Lucky Commercial Centre [2021] HKDC 1198 – Acted for and advised the incorporated owners of a commercial building on a dispute as to whether the entrance door of the roof was a common part of the building. Successfully resisted an application for an peremptory order for specific discovery. 
• 黃冠華 對 歐珈妤 [2021] HKCFI 1555 – Acted for the defendant in resisting a claim of common intention constructive intention trust/resulting trust over a jointly owned property by a former cohabitee in a 3 days trial conducted in Punti. Successfully defended the claim and obtained an order for sale of the subject property under the Partition Ordinance (Cap. 352). 
• Faith Luck Corporation Ltd & Anor v Tin Yau Nung [2020] HKCFI 314 – Successful application for an order for sale of a land locked property in the New Territories pursuant to s.6 of the Partition Ordinance (Cap. 352) notwithstanding the absence of the co-owner Defendant. 
• Wan Kwok Keung v Director of Lands [2019] HKLdT 38 – Acted for 9 applicants to apply for leave to appeal against a land resumption application judgment, involving the issue of whether the right to a building license under the prevailing Small House Policy protected by Article 40 of the Basic Law falls under the “as of right” exception under s.12(c) of the Land Resumption Ordinance (Cap. 124). 
• Ng Kam Kuk v Chan Fung Chun [2018] 2 HKLRD 606 – Successful appeal against a master’s order for a co-owner of a property to discharge an outstanding charging order registered against a property made subject to an order for sale under RHC O.31 rr.1 & 2. 
• Lee-Woolhouse Sheila Kathleen also known as Lee Sheila Kathleen (the executrix of Li (or Lee) Kun Fu (李觀富) also known as Kun Fu Lee alias Peter Lee) v 羅天馴 (DCCJ 3843/2018) – Successfully obtained summary judgment on behalf of a landlord and resisted an application for joinder by the tenant’s sister alleging adverse possession. 
• Wong Ching Lun (as administratrix of the estate of Chan Chi Ming David) v Lai Suk Fun & Ors (HCA 1915/2011) – Advised and acted for defendants alleged to be holding investment properties worth over HKD 300m purchased from a garment business on common intention constructive trust/Pallant v Morgan trust for a former bankrupt. Led by Andrew Mak.
• Advised and acted for landlords and tenants alike at the Lands Tribunal. Nicholas also has experience with advising on vendor-purchaser disputes. 

Tax

• Kung Kwok Wai David, the executor of the last will of Kung Wong Sau Hin, deceased v The Commissioner of Estate Duty [2021] HKCFI 2111 – Acted for an executor in a partially successful appeal against an assessment of estate duty in an 11-days trial, involving issues of valuation of land subject to adverse possession and loans remitted to Swiss bank accounts. Led by Edward Chan Q.C., S.C. 
• Advised and acted for a toy manufacturer to successfully obtain an indemnity from a well-known multinational entertainment and media conglomerate for withholding tax chargeable by the Inland Revenue Department to both parties under s.20B (or s.20A) of the Inland Revenue Ordinance (Cap. 112).  

Construction

• Handy Construction Company Ltd v Wo Ming Engineering Ltd & Anor (HCCT 54/2019) – Acted for a contractor in successfully obtaining an interlocutory injunction for repossession of a construction site against a sub-contractor pending the final determination of a construction arbitration. 

Commercial

• Alpha Financial Press Ltd. v Shanghai Dazhong Public Utilities (Group) Co. Ltd [2020] HKCFI 1505 – Acted for a financial printer in successfully obtaining summary judgment against a publicly listed company for outstanding service fees.
• Tin Yat Yu Carol (formerly known as Tin Yuen Sin Carol) v Hung Hin Fai/Yeung Hiu Tung (HCA 43/2019, HCA 1649/2019) – Acted for the defendants in relation to allegedly unpaid loans of HKD 5 million and HKD 25 odd million said to be secured by publicly listed shares held in a securities account.
• Liuligongfang Hong Kong Company Ltd. (香港琉璃工房志業股份有限公司) t/a LIULIGONGFANG 琉璃工房 v B J Crystal Hong Kong Company Ltd (明智水晶禮品香港有限公司) (HCIP 35/2019) – Successfully obtained undertakings for a contemporaneous Chinese crystal/glassware producer restraining a competitor from copyright infringement and from passing off.
• Jessica Park & Anor v Swiss Asia Asset Management (HK) Ltd (HCA 1449/2019) – Assisted Thomas Lee with advising and drafting a claim against an asset management firm for fraudulent/negligent investments.

Personal injuries/Employees’ compensation

• 譚國武 v 三星電子香港有限公司 & Ors [2020] HKDC 1136 – Represented a sub-contractor in resisting a joinder application in respect of employees’ compensation proceedings.
• Advised and drafted a number of personal injury claims. 

Arbitration/Mediation/ADR

• Advised and acted for an investor in enforcement of a Mainland PRC arbitral award and to obtain a Mareva injunction pending enforcement. 
• Advised and acted for a media advertising company in obtaining an arbitral award for unpaid invoices. 
• Advised and acted for a contractor in a construction dispute exceeding HKD 20 million in alleged damages. 
• Advised and acted for a party to a joint venture in a cross-border commercial arbitration. 
• Appointed as tribunal secretary or clerk to the arbitrator in a number of arbitrations (past and ongoing).
• Appointed as mediator in numerous mediations, including shareholder disputes, commercial disputes and employment disputes.

Probate, equity & trusts

• Dong Li (董莉) v Lam Pu Qiao (林溥翹) (HCMP 663/2018) – Advised and acted for the plaintiff in an application for revocation of grant of probate.
• Re Tung Shun Securities Ltd (HCMP 2276/2020) – Advised and acted for a former securities company to obtain discharge of trust holdings of unclaimed securities and funds qua securities brokerage in preparation for voluntary liquidation.

Civil procedure

• West Coast International Trading Ltd t/a Dandelion Fine Arts v Chelesa Art Co. Ltd [2020] 1 HKLRD 841 – Partially successful in resisting an application to vary the default costs consequences under RHC O.22 r.20(1) under the “otherwise proviso”. Led by Andrew Mak. 
• Zhejiang Provincial Railway Investment Int’l Trade Co. Ltd. v HK Zexin Resources Co., Ltd [2018] 1 HKC 200 – Successfully resisted part of a bankers book application brought ancillary to a Mareva injunction. Led by Thomas Lee.
• Mathnasium Center Licensing, LLC v Chang Chu Hung (also known as Alex Chang) – Acted for a defendant in contempt proceedings to set aside leave to commit the defendant for contempt. Led by Ling Chun Wai.

Miscellaneous

• West Coast International Trading Ltd t/a Dandelion Fine Arts v Chelesa Art Co. Ltd – Advised and acted for an art dealing company claiming against another art dealing company for conversion or detinue of stolen artwork, involving hotly disputed valuation evidence of Chinese paintings. Led by Andrew Mak. 
• HKSAR v Ma Sin Chi [2016] HKCA 253 – Successful appeal against a POBO s.9 jury conviction of a former derivative warrants trader based on expert evidence by a SFC expert. Led by the late Mr. Adrian Bell S.C. and with Mr. Edward M.H. Chan.
• Advised and acted for both petitioners and respondents in matrimonial proceedings. 
• Advised and acted for both plaintiffs and defendants in a number of water leakage cases. 
• Regularly prosecutes as fiat counsel for the HKSARG. 
• Duty Lawyer Service Convention Against Torture & Non-refoulement Claims Scheme panel lawyer.

Banking & Finance

• DBS Bank (Hong Kong) Ltd v Sit Pan Jit [2016] 5 HKC 104: Acting for the bank in resisting an appeal arising out of a financial mis-selling claim (with Horace Wong S.C. and Victor Dawes S.C.).  One of the issues was whether the investor was precluded by contractual estoppel from alleging misrepresentation.  The investor’s application for leave to appeal to the CFA was dismissed (FAMV 45/2016, 17 February 2017).  
• Advising an investor on a financial mis-selling claim worth US$16 million arising out of an offer of margin financing by a sales representative of a major bank in Hong Kong.  

Corporate Insolvency

• GS Harvest Limited v Forever Winner International Development Limited [2021] HKCFI 3029:  Acting for the petitioner in a winding-up petition against a guarantor.  The case concerned the formal validity of an assignment of the underlying debt at the time of the presentation of the petition.
• Re Capella Capital Limited [2020] 2 HKLRD 274:  Acting for the corporate respondents in an application for striking-out of winding-up petitions for want of jurisdiction (with Norman Nip (now Norman Nip S.C.)).
• Friendship Investments Ltd v To Chun Fan and Others [2020] HKCFI 356:  Acting for the subsidiary to strike out the petition naming it as a respondent on the ground that no relief is sought against it.  The Court refused to strike out the petition against the subsidiary on the basis that discovery by the subsidiary may be necessary. 
• Friendship Investments Ltd v To Chun Fan and Others [2019] HKCFI 1669:  Acting for the subsidiary of a company sought to be wound up in opposing the petitioner’s application for an injunction requiring the respondents to notify the petitioner of any intention to deal with the properties owned by the subsidiary.  

Securities 

• Securities and Futures Commission v Zheng Dunmu and Ors HCMP 1462/2019: Acting for the Commission in a petition for disqualification and other orders under s.214 of the Securities and Futures Ordinance (with Ambrose Ho S.C.).
• Market Misconduct Tribunal Inquiry into dealings in the securities of Fujikon Industrial Holdings Limited:  Acting for the Commission in the MMT proceedings arising out of a breach of a disclosure requirement under ss.307A, 307B and 307G of the Securities and Futures Ordinance (with Horace Wong S.C.).
• Securities and Futures Commission v Cheong Kai Tjieh Augustine and Anor [2018] HKCFI 437:  Acting for the Commission in an application for orders under s.213 of the Securities and Futures Ordinance (with Victor Dawes S.C.).
• Market Misconduct Tribunal Inquiry into dealings in the securities of Titan Petrochemicals Group Limited:  Acting for the Commission in the MMT proceedings arising out of insider dealing contrary to s.270 of the Securities and Futures Ordinance (with Victor Dawes S.C.).

Civil Fraud

• NongHyup Bank (as trustee of PacificBridge Gold Income Fund I) v Universe Income Builder Fund VI LLC:  Acting for the plaintiff in its proprietary, misrepresentation, conspiracy and dishonest assistance claims to recover over US$32 million of investments into a suspected Ponzi scheme.  For a recent decision arising from one of the defendant’s interpleader application, see [2021] HKCFI 3519. 
• Aleksandr Narimanovich Kushaev v Greenly Holdings Limited and Ors [2019] HKCFI 2745:  Acting for the defendants in their applications to discharge an ex parte Mareva injunction on the grounds of material non-disclosure.  
• Gerald Metals SA v Sanson Metal (International) Limited and Ors [2019] HKCFI 1103:  Acting for the plaintiff in obtaining urgent ex parte Mareva injunctions in aid of arbitrations to be commenced in London and Hong Kong.

Bankruptcy

• Re Ding Yi, a bankrupt [2019] HKCA 1195: Acting for the creditor in resisting an application for leave to appeal out of time. The CA considered whether it is reasonably arguable that the legal title to post-bankruptcy income is not vested in the trustees-in-bankruptcy and a claim for an anti-suit injunction to prevent the applicant from being personally restrained from leaving Mainland China is a chose in action. 
• Re Qin Jun, a bankrupt [2019] HKCFI 2515: Acting for the trustees-in-bankruptcy in resisting an application to challenge the Hong Kong court’s jurisdiction. One of the main issues was whether the Hong Kong court has subject matter jurisdiction to set aside transfers of properties situated in the United States under s.49 of the Bankruptcy Ordinance.
• Ding Yi v Shum Tung [2019] 2 HKLRD 1177, [2019] HKCFI 1232: Acting for the creditor in resisting an application for an anti-suit injunction by the bankrupt to restrain the creditor from enforcing an arbitral award in Mainland China.  The case considered whether a bankrupt has standing to make the application.

Commercial Litigation

• High Fashion New Media Corporation Limited v Leong Ma Li:  Acting for the defendant in committal proceedings against her for breach of an injunction restricting her dealing with joint venture assets.  For a recent decision concerning the defendant’s successful application under s.48 of the Evidence Ordinance to compel the plaintiff to call a person as a witness at trial, see [2021] HKCFI 3466.  
• Delco Participation BV v HWH Holdings Limited and Ors [2020] 5 HKLRD 712: Acting for the defendants in an appeal which raised a construction point as to whether an amendment to plead an additional debt as part of an existing defence of set-off introduces a “claim” within the meaning of s.35 of the Limitation Ordinance (with William Wong S.C. and Norman Nip (now Norman Nip S.C.)). 
• Delco Participation BV v Chiho Environmental Group Limited and Anor [2020] HKCFI 1643: Acting for one of the defendants in resisting an application for summary judgment and interim payment based on an alleged admission by affidavit (with William Wong S.C. and Norman Nip (now Norman Nip S.C.)).  One of the issues which arose was whether the fraud exception was engaged where the fraud alleged was not perpetrated against the plaintiff. 
• Delco Participation BV v HWH Holdings Limited [2020] HKCFI 608: Acting for the defendant in an application for leave to appeal (with William Wong S.C.).  One of the issues considered was whether leave was required under O.59, r.21(1)(a) where the very point on appeal was whether the proposed pleading introduces a new “claim”. 
• WEA International Inc v Soliton (HK) Limited [2019] HKCFI 751: Acting for the successful plaintiff in an application for summary judgment for payment of a “non-refundable prepayment” after termination of contract. 
• General Appliance (Hong Kong) Limited v Friendship Investments Limited and Ors [2019] HKCFI 631:  Acting for the successful plaintiff in an application for summary judgment and an interlocutory mandatory injunction requiring the defendants to deliver up to the plaintiff the title deeds of the plaintiff’s properties (with Anthony Chan).  
• G H Property Holdings Ltd v Able Profit Investment Ltd [2018] HKCFI 2480: Acting for the defendant in resisting an O.14A application for summary disposal on a point of law involving the principles of foreign illegality (with Jin Pao S.C.). 
• Kwai Tak Ming v K.S. Capital One Ltd and Ors [2017] HKLRD 19: Acting for the appellant in an appeal against judgment setting aside a sale and purchase agreement on the grounds of misrepresentation (with Horace Wong S.C.).

Arbitration

• Acting for the respondents in an HKIAC arbitration involving a claim for repayment of earnest money in the amount of RMB1 billion.  
• Acting in an HKIAC arbitration under the UNCITRAL Rules arising out of the registration and use of trademarks related to a Michelin-starred restaurant group.
• Acting in an ad hoc arbitration under HKIAC Administered Arbitration Rules arising out of the breach of an agreement for sale and purchase of property in Mainland China. 
• Acting for the claimant in an HKIAC arbitration under the UNCITRAL Rules involving a USD100 million claim for repurchase of shares under a shareholders’ agreement. 
• Acting for the defendant in an ad hoc arbitration under the UNCITRAL Rules arising out of the non-payment of financial advisory fees following a successful introduction of a buyer.
• Dana Shipping and Trading SA v Sino Channel Asia Ltd [2017] 1 HKC 329: Acting for the defendant in application for security for costs of an appeal against the setting aside of leave to enforce a foreign arbitral award in Hong Kong which has been set aside in the seat of arbitration.

Land, Trusts, and Contentious Probate

• Chan Yeuk Nam and Ors v Chan Yeuk Shan [2021] HKCFI 3649:  Acting for the executrix in an application to remove her and appoint independent administrators in her place on the grounds of conflict of interest and loss of confidence.  
• Anthony Francis Li and Clarence A Li, Managers of Li To Wan Tso v Kwok Wui Knitters Limited [2021] HKCFI 2408:  Acting for the purchaser of a Tso to enforce a provisional agreement said to be null and void and unenforceable as a result of an absence of consent from the District Office.  For a recent case management decision on whether the action should proceed by writ, see [2021] HKCFI 2408.
• China City Construction & Development Co., (HK) Limited v Huinong Fund International Investments Ltd and Anor [2020] HKCFI 1925:  Acting for the defendants in resisting an application for proprietary and Mareva injunctions and preservation orders based on alleged breaches of trust in respect of listed company shares worth over HK$200 million.  
• Wong Tak Chung and Anor v Wong Ping Shing [2020] HKCFI 1914:  Acting for the successful co-owners in application for an order for sale of land under the Partition Ordinance.  The application was conducted in Chinese (both written and oral submissions).
• Ho Kwok Wing v Chan Mei Mui [2020] 3 HKLRD 548:  Acting for the successful defendant in resisting an appeal (with Horace Wong S.C.).  One of the issues on appeal was whether the plainly wrong test applied when seeking to overturn a finding of fact which involved both an assessment of demeanour or credibility and drawing of inferences from primary facts.  For the first-instance judgment where the defendant succeeded in establishing that the property registered in the joint names of herself and one of her sons was held on a common intention constructive trust for herself solely, see [2018] HKCFI 1135.  
• Ho Man Lap v Chan Shui Cheong and Anor [2020] HKDC 65:  Acting for the successful plaintiff in an assessment of damages for trespass to land, including an award for aggravated and exemplary damages.
• Ku’s Investment Co., Ltd v The Incorporated Owners of Landwide Commercial Building [2018] HKLDT 73:  Acting for the successful plaintiff in a trial concerning the incorporated owners’ duty to maintain the external wall and roof and related disputes over the proper construction of the DMC (with Horace Wong S.C.).

Administrative & Public Law

• The Registrar of the Hong Kong Institute of Certified Public Accountants v The Disciplinary Committee of the Hong Kong Institute of Certified Public Accountants [2020] HKCFI 2553, [2020] 5 HKLRD 262: Whether the judicial review became academic, principles of open justice in the context of disciplinary proceedings
• Law Fei Shing v The Disciplinary Committee of the Hong Kong Institute of Certified Public Accounts [2019] HKCA 770, [2019] 4 HKLRD 225: Judicial review of interlocutory process of disciplinary proceedings

Banking & Finance

• Citibank (Hong Kong) Limited v Yip Shiu Cheong [2018] HKDC 593: Service and setting aside summary judgment

Chancery

• Ample Sky Holdings Limited v Trillion Wide Credit Finance Limited [2020] HKCFI 2862: Whether a loan agreement created an equitable mortgage or equitable charge, relevance of parties’ subsequent conduct

Commercial Dispute Resolution

• Creative Property Services Consultants Limited v The Incorporated Owners of Peace Building [2022] HKDC 888: Trial
• Multifor Enterprise Development Limited v Ho Chow Ping Danny Trading As Billion Success Consultant Company [2022] HKCFI 737: Appeal against summary judgment, forgery and fraud
• Zhang Jizhi v Hong Kong TV International Media Group Limited [2022] HKCFI 308: Late affidavit, amendment of pleadings after summary judgment, waiver by election, title to shares, unjust enrichment, admissibility of extrinsic evidence for identifying contracting party, post-agreement conduct, rectification of contract (led by Ambrose Ho, S.C.)
• Creative Property Services Consultants Limited v The Incorporated Owners of King Ming Court [2022] HKCFI 163: Quistclose trust, concession before trial, agent’s liability to account, adverse inference from failure to call witness
• Leung Chin Sing Rabo v Ko Chun Hay Kelvin [2021] HKCFI 2242: Sale of listed company, oral agreement and credibility, carry on a business in a regulated activity in contravention of the Securities and Futures Ordinance (led by Jason Pow, S.C.)
• Yuanta Securities (Hong Kong) Company Limited v Ng Yin Lam [2021] HKCFI 435: Construction of entire agreement clause, employee or independent contractor (led by Jose Maurellet, S.C.)
• Key Step Ventures Limited v Fuguiniao Group Limited [2020] HKCFI 1087: Whether default interest rate is relevant for the purpose of sections 24 and 25 of the Money Lenders Ordinance, whether interest rate of 59% is extortionate
• Hong Dau Construction Company Limited v The Incorporated Owners of Garden Vista HCA 2290/2016, 8 September 2017: Admissibility of third party’s conviction of conspiracy in civil proceedings, rule in Hollington v Hewthorn considered
• Ma Wai Chiu v Ng Kin Fai Richard HCA 61/2017, 20 January 2017: Whether to grant injunction restraining the defendants from dealing with income generated from alleged diversion of business (led by Victor Dawes, S.C.)

Company

• Re MSB International Limited [2022] HKCFI 3751, [2023] 1 HKLRD 386: Just and equitable winding-up, breach of fiduciary duties, settlement, cross-examination of solicitors (led by Victor Dawes, S.C., with Jonathan Fung)
• Re Torien Group Limited [2021] HKCFI 3742: Inspection of company’s documents, discovery in unfair prejudice proceedings
• Chen Hongqing v China Shanshui Investment Company Limited [2021] HKCFI 699: Injunction restraining allotment of shares (with John Hui)
• Re Techluxe Industries Limited [2019] HKCFI 3014: Whether relief for non-compliance with the Companies Ordinance should be granted where the auditor expressed a qualified opinion

Family / Matrimonial

• CWK v YCHS [2018] HKFC 52, [2018] HKFLR 242: Costs order nisi and functus officio

Financial Services

• Grade One Limited v Chow Chin Yui, Angela [2022] HKCFI 2328: Misrepresentations, Money Lenders Ordinance, contract tainted by illegality, leave to adduce further evidence (led by Ambrose Ho, S.C.)
• Ms Leung Yuk Kit v Securities and Futures Commission SFAT 4/2021, 25 April 2022: Ramp and dump, interpretation of the Securities and Futures Ordinance, scope of the SFC’s powers to freeze assets by restriction notice (led by Norman Nip, S.C.)
• Delta Wealth Finance Limited v Chan Wai Sun [2020] HKDC 147: Money Lenders Ordinance, delay in application for leave to appeal to the Court of Appeal
• Re Yorkshine Holdings Limited 27 February 2020: Stock Exchange proceedings, breaches of Listing Rules
• Securities and Futures Commission v Mo Shau Wah [2018] HKCA 370, [2018] 3 HKLRD 356: Test for variation of Mareva injunction opposed by intervener
• Hong Kong Asset Management Limited v The Registrar of Companies HCMP 2177/2017, 10 November 2017: Whether time for registration of share charge should be extended
• Securities and Futures Commission v Mo Shau Wah HCA 353/2013, 25 July 2017, [2017] 4 HKLRD 347: Whether assets subject to injunction should be released to the defendant to pay legal expenses

Fraud: Civil

• Chan Benjamin Ki-wood v Young Won Ken [2023] HKCFI 240: Unlawful means conspiracy, striking out, PRC Judgments as evidence, finality of PRC Judgments, issue estoppel, abuse of process (led by Jonathan Chang, S.C., with Sik Chee Ching)
• Kot See For v Lam Man Cheung [2021] HKCFI 1902: Application for leave to appeal against an exercise of discretion
• Kot See For v Lam Man Cheung [2021] HKCFI 1029: Striking out, totality of evidence approach, restitution and constructive trust

Insurance

• Hoyden Holdings Limited v CMB Wing Lung Insurance Company Limited [2022] HKDC 651: Indemnity costs
• Hoyden Holdings Limited v CMB Wing Lung Insurance Company Limited [2022] HKDC 336: Interpretation of surety bond given by insurer to developer

International Arbitration

• Construction Company v Guarantor [2021] HKCFI 2558: Enforcement of foreign arbitral award, whether it is open to a party to re-argue illegality and jurisdiction of arbitration tribunal after the supervisory court’s decision 
• HKIAC award, 23 July 2018: Represented a respondent in its US$3.3 million dispute with a Tokyo-listed company regarding a sale of shares agreement

Partnership

• Lam Siu Sun Dennis v Cheung Tak Man Desmond [2022] HKCFI 78: Partnership Ordnance, inspection of books and records of the partnership, general discovery

Personal Injury

• 郭生琼作為2015年8月5日法庭命令委任為死者馬黑皮的遺產代表人 v 黃文俊 [2019] HKCFI 909: Whether the registered owner of vessel is liable under the Occupiers Liability Ordinance and whether the settlement agreement should be set aside for misrepresentation, duress or undue influence

Private Client

• Chuen Ming and Co Ltd v Li Mun Hok Steven [2020] HKLdT 14: Promissory estoppel, pleadings in Lands Tribunal proceedings, jurisdiction of Lands Tribunal to grant declaratory relief or equitable compensation

Professional Discipline

• Registrar of the Hong Kong Institute of Certified Public Accountants v Chan Yui Hang [2022] HKCA 1555: Application for leave to appeal to the Court of Final Appeal
• Registrar of the Hong Kong Institute of Certified Public Accountants v Chan Yui Hang [2022] HKCA 805: Appeal against case management decision and sanctions, indemnity costs
• The Registrar of the Hong Kong Institute of Certified Public Accountants v Chan Yui Hang [2022] HKCA 517, [2022] 2 HKLRD 1101: Adjournment of disciplinary proceedings on medical grounds
• Hong Kong Institute of Certified Public Accountants v Ng Kwok Ching [2022] HKCA 447: Application for leave to appeal to Court of Final Appeal
• Hong Kong Institute of Certified Public Accountants v Ng Kwok Ching [2021] HKCA 1821: Professional judgment of disciplinary committee, whether costs to be taxed on an indemnity basis
• The Practice Review Committee of the Hong Kong Institute of Certified Public Accountants v Ng Kwok Ching [2020] HKCA 672: Whether leave should be granted to adduce new evidence on appeal due to alleged procedural irregularity of disciplinary proceedings
• The Registrar of the Hong Kong Institute of Certified Public Accountants v Chan Yui Hang [2020] HKCA 59: Admission of fresh evidence of adjournment and illness
• Re Dr Cheng Ming Chun MC 14/012 & MC 16/273, 17 September 2019: Disciplinary inquiry into prescription of drugs
• The Registrar of the Hong Kong Institute of Certified Public Accountants v Cheung Yiu Hung [2018] HKCA 463: Appeal from sanctions imposed by disciplinary committee
• The Registrar of the Hong Kong Institute of Certified Public Accountants v Chan Bing Chung [2018] HKCA 158: Appeal by engagement quality control reviewer against disciplinary committee’s finding and sanctions
• The Registrar of the Hong Kong Institute of Certified Public Accountants v X CACV 244/2016, 20 October 2017, [2017] 5 HKLRD 568: Natural justice and costs of disciplinary proceedings (led by Horace Wong, S.C.)

Real Estate Litigation

• So Hon Ming Francis v Cheung Lau Shau Chun [2021] HKDC 1494: Meaning of “good tenantable repair” 
• Harriman Management Services Limited v Lam Chi Keung [2021] HKLdT 52: Breach of deed of mutual covenant, whether mandatory injunction should be granted 
• 黃德忠 v 黃炳城 [2021] HKCFI 1647: Partition Ordinance, stay of writ of possession, restricted application order 
• Libra Summer Limited v Derecho Limited [2021] HKCFI 702: Meaning of “Government lease”, whether purchaser was entitled to know the terms and conditions contained in offer letter, Crown Rights (Re-entry) Ordinance 1870, real risk of successful assertion of encumbrance on title, whether vendor answered requisitions satisfactorily
• 好順利大廈業主立案法團 v Wealth Gear Limited [2020] HKCA 1086: Whether the incorporated owners had locus standi to sue, construction of section 18 of the Building Management Ordinance, acquiescence, construction of deed of mutual covenant (led by C.Y. Li, S.C., with Avery Chan)
• 鄧添柱 v 潘德俊 [2020] HKCA 479: Application to the Court of Appeal for leave to appeal, issue estoppel 
• Leung Kiu Yip and Tong Huijian v Kwan Wa Oi, Administratrix of the Estate of Yip Shik Pui, Deceased [2020] HKDC 74: Adverse possession, admissibility of affidavit and witness statement under hearsay rule at trial
• 鄧添柱 v 潘德俊 [2019] HKCFI 2536: Whether leave to appeal to the Court of Appeal is required 
• 鄧添柱 v 潘德俊 [2019] HKCFI 1806: Striking out conspiracy claim relating to sale of land by managers of tso/tong 
• The Incorporated Owners of Garden Vista v Chen Jin Ru Catherine [2018] HKDC 827: Whether proceedings commenced by originating summons should be converted to writ action due to allegations of bid-rigging and conspiracy
• Ardis International Kindergarten Limited v Tang Kai Ming, Kenneth [2018] HKDC 531: Application for leave to appeal from District Court judgment
• Ardis International Kindergarten Limited v Tang Kai Ming, Kenneth DCCJ 4649/2015, 17 November 2017: Landlord’s covenants of non-derogation from grant and quiet enjoyment
• Lam Cheuk Ting v Lai Kwok Leung LDBM 297/2015, 20 September 2017: Whether the applicants should have costs of the proceedings discontinued after a respondent gave and complied with his undertaking to Court
• 陳錦棠 v 翠湖花園業主立案法團 LDBM 35/2015, 18 August 2017: Whether the inspection of documents applied for is for a proper purpose

Restructuring / Insolvency

• Re 鄧添柱 [2022] HKCA 721: Appeal against bankruptcy order, adducing fresh evidence on appeal
• Re Hong Kong Genghis Khan Group Limited [2021] HKCFI 1790: Breach of unless order and relief from sanction, whether a “declaration” amounts to an affidavit, bona fide dispute as to debt
• Re 鄧添柱 [2021] HKCFI 216: Pending litigation, whether a bankruptcy order should be made

Building

• Advised on a question of interpretation arising out of ss B12.7 of the Code of Practice for Fire Safety in Buildings 2011 (led by Benjamin Yu S.C.).

Companies

• Re Jetlag Limited HCMP 766/2018 (ongoing). Instructed as junior counsel for the applicant in the Companies Court seeking relief under an unfair prejudice petition (with Joyce Leung). Also instructed as junior counsel in the related actions of HCA 834/2020 and HCA 835/2020 (with Joyce Leung).
• Re Lee Yang, Shiu Chuen Joyce [2021] HKCFI 2468 (reported in [2021] 4 HKLRD 252 and [2021] 6 HKC 515). Instructed as sole counsel for the applicant in the Court of First Instance, in a case concerning the grant of vesting orders for shares in a company previously held on trust by nominal companies that have been dissolved. The decision is of considerable interest and practical importance in light of its clarification of the law and procedure as regards joining the Secretary for Justice (or Attorney-General in a foreign jurisdiction) as a respondent before property can be properly vested in a beneficiary under s 52(1)(b)(iii) of the Trustee Ordinance (Cap. 29).

Civil fraud

• Zief Incorporated v Tekchandani Ajai Mohan and ors [2021] HKCFI 38 (reported in [2021] 3 HKC 69). Instructed as junior counsel for the plaintiff in the Court of First Instance, in a case concerning restitution of funds mistakenly remitted to a third party recipient as a result of fraud (with Joyce Leung).

Commercial disputes

• Goldteam Group Ltd v Qin Hui [2021] HKCFI 2422 (reported in [2021] HKC 708). Instructed as junior counsel for the plaintiff in the Court of First Instance, in a case concerning the recovery of a loan debt of over HK$150 million (led by CY Li S.C.). The decision clarifies a vitally important point of procedural law, namely whether service of a writ within jurisdiction is valid where a defendant, who is not within jurisdiction at the time a writ is delivered, nonetheless acquires knowledge of it at the time and subsequently returns to jurisdiction prior to its expiry.
• Maxim’s Caterers Limited v Max Joy Asia Limited DCCJ 6137/2019 (ongoing). Instructed as sole counsel for the plaintiff in the District Court in an upcoming trial for breach of a services contract.
• To Yuk Fung v Wu Pun Yan [2020] HKCFI 400. Instructed as junior counsel for the defendant in the Court of First Instance concerning an appeal against a master’s decision on costs (led by Paul Lam S.C.).

Insurance

• Lo Siu Wa v Employees Compensation Assistance Fund Board and anor [2018] HKCFA 3 (reported in (2018) 21 HKCFAR 8 and [2018] 2 HKC 40). Instructed as junior counsel for a major insurance company in the Court of Final Appeal, in a case concerning the breadth of coverage of an insurance agreement understood in the context of the compulsory insurance scheme under Part IV of the Employees’ Compensation Ordinance (Cap. 282) (with Anthony Ismail).

Landlord and tenant

• Re UA Cinemas Circuit Limited HCCW 99/2021. Instructed as sole counsel for the applicant landlord in the Companies Court seeking (1) leave to commence proceedings against the respondent tenant company (formerly a well-known company running a chain of cinemas in Hong Kong) upon its presentation of a winding-up petition and (2) an order for immediate possession of premises.
• Jade Mate Limited v Chickeeduck Retail (Hong Kong) Limited HCA 1344/2020. Instructed as junior counsel for the plaintiff landlord in the Court of First Instance seeking an injunction to remove an unauthorised article from the defendant tenant’s shop premises (led by CY Li S.C.).

Personal Injuries

• Advised on the quantum of damages to be awarded to a person falling within the “Disaster” category of personal injuries (assisting Alice Mok Q.C., S.C.).
• Advised on the prospects of a claim for tort against the person arising out of an incident during the period of social unrest in 2019 (assisting Alice Mok Q.C., S.C.).

Probate and administration

• In re the estate of Herman Hendrik Alberts [2019] HKCFI 2900. Instructed as sole counsel for the applicant in the Court of First Instance in a 2-day trial to resist the invalidation of a purported will and to obtain a grant of letters of administration.

Public law / judicial review

• Chao Wei Ting Ronna v Appeal Tribunal (Buildings) (interested party: Building Authority) [2019] HKCFI 2950 (reported in [2020] 1 HKLRD 467). Instructed as junior counsel for the interested parties in the Court of First Instance in a judicial review of a decision of the Appeal Tribunal (Buildings) (with Anthony Ismail).
• Building Authority v Appeal Tribunal (Buildings) (interested parties: Freedom Pacific Limited, Wave Treasure Investment Limited) [2018] HKCFI 2761 (reported in [2019] 1 HKLRD 513). Instructed as junior counsel for the interested parties in the Court of First Instance to resist a judicial review of a decision of the Appeal Tribunal (Buildings) (with Anthony Ismail). Also instructed as sole counsel to vary a costs order nisi [2020] HKCFI 1245.
• Leelan Rukesh Marasinghe v Director-General of Civil Aviation [2022] HKCFI 2843. Instructed as junior counsel for the applicant in the Court of First Instance, in an application for leave to apply for judicial review of the Director’s decision to suspend the applicant’s medical certificate thereby rendering him unable to perform his licensed functions as a commercial pilot (led by Robert Whitehead S.C. and Thomas Lee).

Town planning

• Town Planning Board v Town Planning Appeal Board FACV 8/2016 (unrep., 16.02.2017) (reported in (2017)20 HKCFAR 196 and [2017] 2 HKC 372). Instructed as junior counsel for the interested parties in the Court of Final Appeal, in a case concerning whether the Town Planning Board has jurisdiction under s 17 of the Town Planning Ordinance (Cap. 131) to review its own decisions on the fulfilment of conditions imposed when granting planning permission (led by Anthony Neoh S.C. and Anthony Ismail).

Other

• Advised a major U.S. corporation on the consumer protection regime in Hong Kong as well as the interrelationship between representative proceedings brought under RHC O.15, r.12 and the class action regime brought under U.S. law (assisting Ambrose Ho S.C.).

Commercial

• Hui (Annie) Guo v Yuedong Xu [2022] HKCFI 1629: Resisted a specific discovery application in a commercial dispute involving parallel proceedings in Australia (sole counsel)
• Chow Sang Sang Securities Ltd v Shen Shuai (HCA 190/2021): Acted for the defendant in a HK$470 million claim involving setting aside a guarantee for breach of fiduciary duty (led by Mr Victor Dawes S.C. and with Mr Isaac Chan)
• New Front Developments Ltd v Alpha Giant Ltd [2021] HKCFI 707; [2021] HKCFI 708: Acted for the plaintiff in applications for an injunction and disclosure orders (led by Mr Ambrose Ho S.C. and with Mr Isaac Chan)
• Wah Lun International Development Ltd v Lau Chiu Shing [2021] HKCFI 407: Appeared in a trial of a dispute involving the acquisition of a majority shareholding in a listed company (with Mr Isaac Chan)
• Wah Lun International Development Ltd v Lau Chiu Shing [2020] HKCFI 2572: Resisted an application for evidence to be given via video conferencing facilities (sole counsel)

Property and Trusts

• Anthony Francis Li and Clarence A Li, Managers of Li To Wan Tso v Kwok Wui Knitters Ltd [2021] HKCFI 407: Appeared for the purchaser in a dispute involving disposal of Tso land in the New Territories (with Mr Roger Phang)
• Kushaev v Greenly Holdings Ltd [2019] HKCFI 2745: Appeared in a dispute involving a declaration of trust and discharge of injunction (with Mr Roger Phang)
• Advised on the construction of a restrictive covenant in a Government lease (led by Ms Audrey Eu S.C.)

Civil Fraud

• Natures Mark HK Ltd v Hongkong Honxintai Trading Co Ltd [2022] HKCFI 1382: Acted for the plaintiff in an email fraud case (sole counsel)
• Kot See For v Tang Kwok Pang [2019] HKCFI 3001: Acted for the respondent in contempt of court proceedings (led by Mr Ambrose Ho S.C.)
• Kot See For v Lam Man Cheung [2019] HKCFI 1871; [2019] HKCFI 2403: Appeared in an application to discharge a proprietary injunction (led by Mr Ambrose Ho S.C.)

Securities

• SFC v Li Han Chun [2019] HKCFI 1966: Appeared in an application for variation of injunction pending a Market Misconduct Tribunal inquiry (with Mr Norman Nip)
• SFC v Andrew Liu [2018] HKCFI 1105: Appeared for the SFC in proceedings for disqualification of directors (led by Mr Ambrose Ho S.C.)

Employment

• Owyang Loong Shui Ivan v Winco Paper Products Co Ltd [2018] 6 HKC 359, [2018] HKCFI 1228: Acted for an employer in an appeal from the Labour Tribunal on mistaken payments and set-off (led by Mr Ambrose Ho S.C.)

Public

• Chairman and Deputy Chairman of the Preliminary Investigation Committee of the Medical Council of Hong Kong v Hospital Authority [2022] 1 HKLRD 16, [2021] HKCA 1793: Instructed by the Department of Justice in an appeal concerning the power of a statutory body to seek disclosure in disciplinary proceedings (led by Mr Ambrose Ho S.C.)

Arbitration

• Appeared in a 5-day trial involving a secured loan transaction  (led by Mr Victor Dawes S.C. and with Mr James Man)
• Acted in an arbitration involving a dispute over infringement of trademarks (with Mr Roger Phang)

Securities and Regulatory

• China Forestry Holdings Co Ltd (In Official Liquidation) v Top Wisdom Overseas Holdings Limited & Another [2021] HKCFI 2761: Acted for the CEO of a listed company in striking out the proprietary claim in a sum of HK$400 million for the alleged breach of fiduciary duties to the company.
• Securities and Futures Commission v Li Han Chun & Another (HCMP 176/2011, HCA 117/2017): Acted for the CEO of a listed company to defend the section 213 proceedings involving frozen funds in the sum of HK$400 million.
• Securities and Futures Commission v Coolpad Group Limited (HCMP 1074/2021): Acted for an Executive Director of a listed company engaged in smartphone and technology services in section 214 proceedings involving claims of over RMB$80 million.
• Securities and Futures Commission v Superb Summit International Group Limited (HCMP 2305/2020): Acted for two company secretaries in a listed company engaged in forestry business in section 214 proceedings involving claims of over HK$200 million.
• Re a Listed Company under Suspension of Trading of Shares under section 9 of the Securities and Futures (Stock Market Listing) Rules (Cap. 571V): Acted for the Securities and Futures Commission in the application by a listed company to resume trading of its shares.

International Arbitration

• AGPL Investment Ltd v Lam Global Management Ltd II (HCCT 69/2022): Assisted in the plaintiff’s application for setting aside the final award on public policy (foreign and domestic illegality) grounds.

Arbitration cases under the HKIAC Administered Arbitration Rules

• Acted for a Hong Kong company in a cross-border high technology exports dispute involving a sum of US$7 million.
• Acted for a PRC company in a cross-border intellectual property dispute involving licensing of online games in Asian countries.
• Acted for a Hong Kong listed company in a debt claim of US$2 million.

Insurance, Public Liability, Personal Injury and Employees’ Compensation

• Chan Ping Wah v Cayley Property Management Ltd [2020] HKCFI 3010: Acted for a public liability insurer to successfully dismiss the plaintiff’s appeal against the non-applicability of the Control of Exemption Clauses Ordinance (Cap. 71) to the deed of mutual covenant executed in the 1980s.
• Swarnjit Kaur v Lo’s Cleaning Services Limited (DCPI 2188/2020): Acted for the insurer of the defendant to contest liability and quantum for the alleged accident at the Cathay Pacific Catering Services at the Hong Kong International Airport.
• Zhang Rong v Po Shing Construction Limited [2022] HKDC 835; [2022] HKDC 922: Acted for the insurer of the defendant to contest the quantum of employees’ compensation for an accident at a construction site in Lantau Island and to successfully seek indemnity costs with enhanced interests against the applicant for her exaggerated claim.
• Baljit-Singh v Oscar Bioenergy Joint Venture [2022] HKDC 904: Acted for the insurer of the defendant to (i) apply for consolidation of the employees’ compensation and personal injury actions and (ii) contest both liability and quantum in the parallel actions.
• Corpuz Edison v Mandarin Oriental Hong Kong Limited (DCPI 2977/2020): Acted for the insurer of the defendant to successfully dismiss the plaintiff’s application for variation of a consent cost order.
• Cheng Kwing Yeung v Hong Kong Ham Holdings Limited (DCPI 736/2011): Acted for the insurer of the defendant to successfully justify the alleged out-of-time commencement of the taxation proceedings.
• Naseem Abbas v Rising Aerial Platform Co Ltd [2021] HKDC 387: Acted for the principal contractor in an employees’ compensation assessment and successfully asked for indemnity from the sub-contractor under section 24 of the Employees’ Compensation Ordinance (Cap. 282).
• Li Yung Lan v Hien Lee Engineering Company Limited (HCPI 287/2016): Acted for the insurer of the defendant to oppose the application for leave to file supplemental psychiatric expert reports.
• Kelu David Elsions, a mentally incapacitated person by Cheng Wai Lan, his wife and Next Friend v Shum Tak Hung & DBProject (DCEC 475/2021): Acted for the next friend of the applicant to successfully apply for leave to approve a settlement with the respondent in the action and to withdraw monthly payment from the applicant’s bank account, under Order 80 Rules 11 and 12 of the Rules of the District Court (Cap. 336H).
• Polysonic Investment Limited v George Chan and Another (DCCJ 1007/2020): Acted for the public liability insurer to contest both liability and quantum for a water seepage occurring at an apartment on Conduit Road.

Land, Trust and Probate

• Wing Wo Lung Company Limited v Jam Moo Ching [2021] HKCA 472; [2021] HKCA 1734: Successfully appealed for the landlord of a building on Des Voeux Road Central at the Court of Appeal against the defendant’s occupation of external wall.
• Keenrich Trading Limited v The Director of Lands (LDLR 1/2022): Acted for the applicant in the application for determination of compensation of a ground floor shop at Oak Street pursuant to the Lands Resumption Ordinance (Cap. 124).
• Lucky Star Culture Limited v The Incorporated Owners of Concord Commercial Building (HCA 1695/2021): Acted for the Incorporated Owners of a commercial building in relation to the interpretation of the deed of mutual covenant on the definition of “Common Areas”.
• Wong Kit Chee, the Executrix of the Estate of Tse Lai Ying, the Deceased v Wong Shiu Kwong [2019] HKCFI 1000: Acted for the son in resisting the executrix’s claim for constructive trust on a ground floor shop amounting to HK$30 million.
• Re Appeal against the Building Authority’s Order before the Appeal Tribunal (Buildings Ordinance) (BA 150/2019): Acted for the applicants to oppose the building order in relation to the maintenance and repair of the common parts in a multi-storey residential building.
• Pong Mang Ting v Chinese Temples Committee [2019] HKCFI 1457: Acted for the applicant to ask for the Court’s intervention in relation to various mismanagement of Man Wah Tong, a charitable “t’ong” in Hong Kong.
• Sin Chan Kam v The Incorporated Owners of Wai Sun Building [2019] HKLdT 32: Acted for the registered owner of a ground floor shop against the incorporated owners for the latter’s breach of deed of mutual covenant and the Building Management Ordinance (Cap. 344) arising from (i) water seepage and (ii) failure to maintain common parts of the building.
• Kurtzman Eric Daniel and 10 Others v The Incorporated Owners of Kiu Kwan Mansion and Others (LDBM 130/2014): Acted for the owner of the roof of a multi-storey building to defend the alleged breach of deed of mutual covenant for a large-scale water seepage affecting 11 owners.

Employment

• Prestige Fitness Limited v Ng Yat Chee Dorothy (HCMP 1926/2022): Acted for a fitness centre in a pre-action discovery under section 41 of the High Court Ordinance (Cap. 4) and Order 24 Rule 7A of the Rules of the High Court (Cap. 4A), for a potential claim of breach of fiduciary duties against a former director.
• Leung Hong Wah Andy v Shum Wang Chiu and The Prudential Assurance Co Ltd [2021] HKCFI 997: Acted for the employee of a multi-national insurer in the application for (i) release of implied undertaking and (ii) amendment of pleadings in an employment case.
• An Equal Opportunity Case (Confidential): Acted for an employer company in contesting liability in the alleged sexual discrimination in termination of an employment contract.

Commercial Disputes

• Toyota Boshoku Europe N.V. v Kingsville (HK) Enterprises Limited & Ors (HCA 452/2022): Acting for one of the defendants in resisting an unjust enrichment claim (as sole counsel) (ongoing).
• Platinum Century Limited & Ors v Sunfund Asia Capital Holdings Company Limited (HCA 400/2022): Acting for one of the defendants in resisting a tracing claim (with Ms Catherine Wong) (ongoing).
• Decheng Capital Global Life Sciences Fund IV, L.P. v Qish Co., Limited (HCA 505/2022): Successfully obtained an urgent ex parte Mareva and proprietary injunction against a recipient in an email fraud case (with Mr Adrian CK Wong).
• Ferrari North America, Inc v Changhon International Energy Co Ltd & Ors [2019] HKCFI 2318: Successfully opposed the Plaintiff’s summary judgment application and obtained unconditional leave to defend (with Mr Norman Nip (now Mr Norman Nip SC)).
• FWD Life Insurance Company (Bermuda) Limited v Chan Kai Yin Alan (HCA 700/2020) and FWD Life Insurance Company (Bermuda) Limited v Ip Cheuk Yu (HCA 806/2020): Successfully obtained summary judgment against two insurance agents for recovery of claw-back payments (led by Mr Norman Nip SC)
• FWD Life Insurance Company (Bermuda) Limited v Poon Cindy (HCA 2202/2008): Acting for the Plaintiff in proceedings against a former insurance agent for recovery of claw-back payments (led by Mr Norman Nip SC) (ongoing).
• FWD Life Insurance Company (Bermuda) Limited v Lam Chi Chuen Alpha & Sin Chau Yuk (HCA 1159 & 1160/2017): Successfully obtained summary judgment against two insurance agents for recovery of claw-back payments (with Mr Norman Nip (now Mr Norman Nip SC)).
• Advised an insurance company on lawfulness in backdating a deed of assignment and joinder of parties after expiry of limitation period (as sole counsel).

Financial Services

• Advising the SFC on merits of proceedings under ss 214 and 277 of the Securities and Futures Ordinance concerning the management and/or former management of a listed company (led by Mr Norman Nip SC).
• Advising the SFC on merits of proceedings under s214 of the Securities and Futures Ordinance against the former management of a listed company (led by Mr Norman Nip SC).

Insurance

• Advised an insurance company on its subrogation rights in respect of an insurance policy (as sole counsel).
• Advised a property management company as to whether an owner can seek a court order in procuring the property manager in making a claim under an insurance policy (as sole counsel).

Land

• An UNCITRAL Arbitration: Assisted the Tribunal (constituted by Mr Horace Wong SC) as a tribunal assistant in a 14 days trial under the UNCITRAL Arbitration Rules involving a tenancy dispute concerning a HK$500 million lease.
• Geoffrey Holdings Ltd v Lam Che Chung & Anor [2020] HKDC 1001: Instructed by the Defendants as sole counsel to resist the Plaintiff’s application for leave to adduce expert evidence on demolition costs of fixtures in the context of adverse possession.
• Advised on title issues in relation to a piece of New Territories land (including issues of encroachment and title) estimated to worth over HK$600 million (as sole counsel).

Arbitration

• Instructed as junior counsel to challenge the appointment of the sole arbitrator under the ICC Rules on the ground of apparent bias, independence and impartiality (with Mr MC Law (now Mr MC Law SC)).
• An ICC Arbitration concerning Breach of distributor agreement claim: Instructed by a famous liquor distributor as junior counsel for a 4 evidentiary hearing under the ICC Rules involving a HK$150 million claim and a HK$100 million counterclaim arising from a distributor agreement (with Mr MC Law (now Mr MC Law SC)).
• An UNCITRAL Arbitration: Assisted the Tribunal (constituted of Mr Horace Wong SC) as a tribunal assistant in a 14 days trial under the UNCITRAL Arbitration Rules involving a tenancy dispute concerning a HK$500 million lease.
• A HKIAC Arbitration: Assisted the Tribunal (constituted of Mr Horace Wong SC) in a 2 days trial under the HKIAC rules involving a commercial dispute for repayment of loans

Matrimonial

• LKCJ v LTHA (FCMP 184/2022): Acted for the respondent mother in, inter alia, (i) resisting an application for interim care and control of a child to be granted to the applicant father (with Ms Catherine Wong); and (ii) applying for a non-molestation order (with Ms Catherine Wong for ex parte with notice hearing and with Mr Felix Li for return day hearing).

Commercial, Banking and Company

• HCA Consulting China Company Ltd v Chiho Environmental Group Ltd (HCA 1372/2022): claim for outstanding fees for consultancy/advisory services in relation to the Mainland industrials market provided to a Hong Kong-listed company
• CMB Wing Lung Bank Ltd v Guang Rong Finance Company Ltd (HCA 419/2021): opposing continuation and discharge of worldwide Mareva injunction against subsidiary of state-owned enterprise for breach of banking facilities (with Michael Lok)
• Kenneth Walter Chad v Chow Yin Man (HCA 643/2020): dispute over ‘success fees’ arising out of sale of multi-national video-conferencing solutions business (with Isaac Chan)
• Incu Global & Anor v Skybound Capital (HK) Ltd & Anor (HCA 853/2018): dispute between manager and advisors of investment fund over futures/options trading and outstanding fees (led by Norman Nip S.C.)
• Billion World Holdings Ltd v Asia Cosmos Wealth Management Ltd (HCA 499/2016): claim for fees due under and damages for breach of a corporate consultancy agreement
• Yuen Chun Max v Chong Man Yuk & Anor (HCA 1740/2015): trial of business dispute over chain of medical practices (led by Victor Dawes S.C. and with Michael Lok)

Civil Fraud and Asset Recovery

• Z v BEA & Ors (HCMP 1656/2022): applications for gagging/anonymity orders and Norwich Pharmacal relief to trace monies totaling around HK$400 million misappropriated by phone scam (with Isaac Chan)
• Lui Lai Yan v Nova Entertainment Ltd & Ors (HCA 1286/2022): interlocutory proprietary and prohibitory injunctions restraining disposal of company’s share transferred by fraud and dissipation of company’s assets (led by Norman Nip S.C.)
• Euro Cargo Aviation HK Ltd v HK Wing Tat Co., Ltd & Ruifeng Hong Kong Ltd (HCA 836/2021): resisting applications by separate defendants to set aside default judgments for sums misappropriated by email fraud
• NongHyup Bank v Universe Income Builder Fund Series VI LLC & Ors [2021] HKCFI 107 (proprietary injunction), [2021] HKCFI 3519 (interpleader): action based on breaches of trust/contract arising from investment scheme for gold trading worth over USD30 million (with Roger Phang)

Trusts and Probate

• Tam Miu Chi (in her capacity as the Executrix of the Estate of Ho Hiu Kwing) v Ho Man Che Peter (HCA 1309/2021): defending against action claiming life interests in shares held on trust for the deceased (led by Edward Chan S.C.)
• Ho Man Che Peter v Tam Miu Chi (HCAP 1/2021): probate action to propound will of the late Ho Yiu Kwing, founder of the ‘Hsin Kuang’ brand of restaurants (led by Edward Chan S.C.)
• Advising on application for court’s sanction of a family arrangement involving an infant beneficiary under a will and the compromise of litigation in Hong Kong and the Mainland (with Horace Wong S.C.)

Land and Tenancy

• Joint and Several Trustees in Bankruptcy of the Property of Yeung Chun Wai Anthony v Yannie Investment Ltd (HCA 1644/2022): application to vacate registration of lis pendens against valuable residential property from Land Registry (led by Norman Nip S.C.)
• Cheung Kei Center Ltd v Mount Kelly International Ltd (HCA 1383/2019 & HCA 1668/2019): tenancy dispute over early termination of commercial lease
• Bank of Baroda v Goyal Mukesh Kumar & Ors  (HCMP 891/2019): resisting mortgage action based on liabilities under banking facilities (with Christopher Chain)

Bankruptcy and Insolvency

• The Joint and Several Trustees of the Property of Yeung Wing Sing v Yeung Wing Sing [2021] HKCFI 2018: application to set aside transaction at undervalue under s. 49 Bankruptcy Ordinance (with Norman Nip)
• Re Forever Winner International Development Ltd (HCCW 80/2021): petition to wind-up trading arm of PRC fashion brand operator
• Grand T G Gold Holdings Ltd v Lee Sing Leung Robin (HCMP 859/2020): interim injunction restraining presentation of winding-up petition
• Re North Mining Shares Company Ltd (HCCW 452/2021): supporting petition to wind-up listed company engaged in mining and chemical trading operations
• Re Carnival Group International Holdings Ltd (HCCW 48/2020): supporting petition to wind-up a listed company engaged in leisure and consumption business
• Re Brightoil Petroleum (Holdings) Ltd (HCCW 147/2019): petition to wind-up listed company engaged in resource-based energy business 

Employment, Insurance and Employees’ Compensation

• FWD Life Insurance Company (Bermuda) Ltd v Cheung Lik Keung (HCA 705/2020): claim for ‘clawback’ of signing fee and bonuses from ex-insurance agent
• UPFitness Ltd v Daniel Dubois (HCA 1531/2020): resisting interim injunction enforcing restrictive covenants under an employment contract
• Wong Ka Yick v AXA China Region Insurance Co Ltd (HCA 421/2017): dispute involving breach of contract and misrepresentations in relation to setup and operation of a ‘general agency’ model (led by Norman Nip S.C.)
• Advising Employees Compensation Assistance Fund Board on coverage of Bullock orders within scope of s. 23 Employees Compensation Assistance Ordinance (with Horace Wong S.C.)
• Advising Employees Compensation Assistance Fund Board on issues relating to interaction between relief payment and Director of Legal Aid’s first charge
• Advising Employees Compensation Assistance Fund Board on issues relating to scope of an employees’ compensation insurance policy (with Horace Wong S.C.)

Regulatory and Public Law

• China Wood Optimization (Holding) Ltd v The Stock Exchange of Hong Kong Ltd (HCAL 290/2023): application for leave for judicial review against Stock Exchange’s decision to delist trading of listed company’s shares (led by Norman Nip S.C.)
• Competition Commission v Kam Kwong Engineering Co Ltd & Ors [2020] 4 HKLRD 61, [2020] 5 HKC 470: representing the Commission in its first enforcement proceedings adopting the Carecraft procedure in a ‘hybrid settlement’ case (led by Victor Dawes S.C. and with Isaac Chan)

Construction, Arbitration and Related Litigation

• Baosteel Engineering & Technology Group Co Ltd v Xinyang Maojian Group Ltd [2022] HKCFI 2343: resisting enforcement of arbitral award relating to contractual dispute over construction project on the Mainland
• Lo Ngar Mi v Man Shu Kwan (HCCT 3/2022): oral examination of judgment debtor to facilitate enforcement of SCIA arbitral award
• Converge Design and Construction Co Ltd v Mount Kelly International Ltd [2020] HKCFI 2433 (evidence), [2021] HKCFI 1591 (trial), [2021] HKCFI 1908 (interest): dispute over outstanding sums due under renovation contracts (with Desmond Leung)
• Wen Yuzhou & Ors v Man Shu Kwan [2021] HKCFI 2510: application for and extension of worldwide Mareva injunction in aid of SCIA arbitration proceedings in Shenzhen relating to dispute over refund agreements for purchase price of Mainland properties
• HKIAC Arbitration involving a USD45 million claim for breach of software licensing agreements, copyright infringement, fraud/deceit and unfair competition

Commercial Litigation & International Arbitration

• Acted for a client in Hong Kong High Court proceedings concerning the validity and enforceability of a loan agreement signed in a casino in Macau SAR. Macau law applies as the governing law of the main contract and Macau law expert evidence was adduced in support of the client’s defence case. Matters regarding the jurisdiction of Hong Kong court including the application of the doctrine of forum non conveniens are also in issue.
• Acted for a client in Hong Kong High Court winding-up proceedings against a listed company for the recovery of certain company bonds held by the client.
• Provided Hong Kong legal opinion for a Mainland China corporate client for its supply chain finance business and the potential risks thereof under the Money Lenders Ordinance (Cap.163) in Hong Kong. With support of the legal opinion, the client re-assessed and perfected its investment scheme in a larger scale.
• Provided Hong Kong legal opinion to a Mainland China corporate client for potential litigation proceedings in the High Court involving client’s offshore investment schemes and possible trust claims arising from debentures issued out of Hong Kong.
• Provided Hong Kong legal opinion for a corporate client in Hong Kong regarding its potential dispute with outside investors and senior managements thereof. With the support of the legal team, the potential dispute was settled in the interest of the client at an early stage.
• Provided Hong Kong legal opinion to a Mainland corporate client in relation to the client’s potential claim against a hi-tech joint venture partner in Hong Kong. The dispute concerns client’s investment in a hi-tech medical service mobile app. operated in Hong Kong. Hong Kong law applies for the main dispute.
• Acted for a client in High Court proceedings in relation to client’s application for the restoration of a Hong Kong company pursuant to s.767 of the Companies Ordinance (Cap. 622)
• HKIAC: Involved in an international arbitration administered by HKIAC under the UNCITRAL Rules and provided legal opinion to the client in relation to a share sale and purchase agreement. Allegations of conspiracy to defraud and other fraudulent conducts are involved.
• HKIAC: Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a foreign investment project in Mainland China and PRC law applies for the main dispute.
• HKIAC: Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a contract for sale and purchase of goods. Hong Kong law applies for the main dispute.
• HKIAC: Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns the sale and purchase of certain company shares in Hong Kong. Hong Kong law applies for the main dispute.
• HKIAC: Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a convertible bond issued by a Mainland China corporate client. Hong Kong law applies for the main dispute.
• HKIAC: Provided Hong Kong legal opinion for client’s intended application to set aside an arbitral award rendered in an arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The case concerns the client’s charter business with various parties and grounds of fraud, procedural fairness and validity of the arbitration agreement are assessed.
• HKIAC: Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a project agreement signed in Hong Kong. Hong Kong law applies for the main dispute.
• SIAC: Involved in an international arbitration administered by the Singapore International Arbitration Centre (SIAC). The dispute concerns several sale and purchase agreements between a Mainland China corporate client and an offshore oil dealer. Singapore law applies for the main dispute and the proceedings are administered under the applicable UNCITRAL Rules.
• ICC: Involved in an international arbitration administered by the International Chamber of Commerce (ICC) under the 2017 ICC Arbitration Rules. The dispute concerns a foreign investment project in Mainland China and Hong Kong law applies for the main dispute.

Land, Trust and Probate

• Acted for a land owner in the new territories in Hong Kong High Court proceedings for the redemption of an old mortgage.
• Provided Hong Kong legal opinion for potential litigation proceedings in the High Court regarding the sale and purchase of several properties in Hong Kong. Transfer of properties under joint tenancy and various other conveyancing issues are involved in the matter.
• Provided Hong Kong legal opinion for matters in relation to the client’s will. Succession of client’s property situated in both Hong Kong and Mainland China is involved and therefore co-operation with Mainland China legal practitioners is also conducted for the client’s best interest.

Securities Regulations and Anti-Money Laundering

• Acted for one of the specified persons for hearings before the Hong Kong Market Misconduct Tribunal in which a Mainland China client was claimed by the Securities and Futures Commission to have engaged in insider dealing contrary to section 270 of the Securities and Futures Ordinance (Cap. 571). The case highlights the importance of “knowledge” of a specified person insofar as allegations of insider dealings are concerned
• Provided Hong Kong legal opinion for a Mainland China client regarding certain cross border tax enforcement issues. The matter involves tax law enforcement by Canadian tax authorities and the Hong Kong cross-border tax law enforcement regime as well as the anti-money laundering legal regime in Hong Kong.
• Provided Hong Kong legal opinion for a Mainland China corporate client which was involved in anti-money laundering investigations by the relevant Hong Kong law enforcement departments. The case concerns Mainland China client’s nominal shareholding arrangements in the course of its business for cross-border sale and purchase of goods and oversea investments.

Personal Injury cases

• Provided personal injury advice on both liability and quantum for a construction site worker who sustained personal injuries as a result of an accident happened in the course of his employment with the sub-contractor of the site.
• Provided advice on liability, quantum, and evidence to an insurance company for a personal injuries case involving an accident happened to a construction site worker employed by the insured sub-contractor.
• Provided advice on quantum to an employee of a listed company for potential personal injuries claims as a result of an accident happed at work.
• Provided Hong Kong tort law opinion for a matter involving a personal injury claim in High Court proceedings regarding occupier’s liability and the special duty of care of professional firemen.

Employment, Family, Injunction & others

• Acted for a Hong Kong solicitor firm in defending an interlocutory injunction application involving conflict of interest of legal professionals in Hong Kong High Court proceedings.
• Provided Hong Kong employment law opinion for a Mainland China security firm in respect of the client’s potential employment dispute with a female job candidate who allegedly was discriminated due to her state of pregnancy.
• Provided Hong Kong employment law opinion for a client’s dispute with his former employer in relation to the termination of the client’s employment and the client’s entitlement of annual bonus.
• Provided Hong Kong family law opinion in relation to the client’s intended cross-boarder divorce proceedings. Co-operation with Mainland China legal practitioners is also conducted for the client’s best interest.
• Provided Hong Kong family law opinion regarding the client’s divorce proceedings with marital assets situate in both Mainland China and Hong Kong.
• Provided Hong Kong procedural law opinion to a Mainland People’s Court for various issues in relation to the civil procedure law of Hong Kong.

Commercial Disputes

• Power Securities Co Ltd v Sin Kwok Lam & Ors, CACV 594/2019 & CACV 59/2020: Appeared as respondent on appeal to strike out conspiracy claim involving shares of a listed company, based on the principle against reflective loss, issue estoppel and Henderson abuse of process (led by Mr. Ambrose Ho SC).
• Yeung Lai Sze v Yeung Kin Pang & Ors [2023] HKCFI 695, HCA 235/2023: Resisting an application for a proprietary injunction involving company shares and an undue influence claim (led by Ms. Prisca Cheung).
• King Field Ltd v Tai Pak Sea-Food Ltd & Anor, HCA 1494/2022: Concerning a claim for the specific performance of a ship handling contract (led by Ms. Joyce Leung).
• Re Modena Technology Ltd, HCMP 367/2022 & HCA 1615/2021: Concerning an application by a minority shareholder of a parent company to intervene derivatively to defend a claim on behalf of a subsidiary company (as sole counsel).
• Laurore Ltd v Montaigne Ltd, HCA 2/2020: Advised on a contractual dispute concerning termination clauses, damages, and other ancillary interlocutory applications (led by Ms. Prisca Cheung).
• Advised on a potential claim concerning breach of fiduciary duties, tort of conspiracy and various other torts (led by Ms. Prisca Cheung).
• Assisting in a claim for the repayment of earnest monies and whether parties negotiated a transaction in good faith (on devilling basis).
• Assisted in a High Court trial (2022) concerning a claim that shares in a BVI company holding investments in the PRC were held on trust (on devilling basis).

Insolvency & Bankruptcy

• Re DDMC (HK) Ltd, HCCW 105/2022: Resisting a petition to wind up a Hong Kong company (as sole counsel).
• Re Chow Ming Fung, HCB 6501/2022: Petition for a bankruptcy order against a debtor (as sole counsel).
• Re Azam Shahnawaz, HCB 3414/2022: Petition for a bankruptcy order against a debtor pursuant to a judgment debt, with the debtor disputing the debt (as sole counsel).
• Re Tian Shan Development (Holding) Ltd, HCCW 484/2021: Resisting a petition to wind up a listed company incorporated outside Hong Kong (as sole counsel).
• Re Chan Choi Har, HCB 989/2022: Petition for a bankruptcy order against a debtor pursuant to a judgment debt (by written submissions).
• Re Jewrim Ltd [2021] HKCFI 1144, HCCW 433/2020: Appeared for the petitioner in a petition to wind up a Hong Kong company (as sole counsel).

Arbitration

• HKIAC Arbitration: Assisting in a bilingual arbitration concerning a US pharmaceutical company and reps and warranties (claim value over RMB 200 million) (led by Mr. Norman Nip SC).

Land Disputes

• Pacific Base Holdings Ltd & Ors v Lee Hop Biu & Ors, LDCS 14000/2017: Appeared in a case concerning an unsuccessful auction under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap. 545 and whether the redevelopment value (RDV) can be reassessed after the substantive trial (as sole counsel).
• Century Supreme v Kam Chi Kit Charles & Ors, LDCS 24000/2018: Assisted in the trial of an application under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap. 545, where the following expert issues were disputed, namely building condition, structural condition, and valuation (on devilling basis).
• Assisting in a water seepage case, with dispute as to the source of the water seepage and whether it came from the common parts of the building (on devilling basis).
• Assisted in writing advices on matters concerning: (1) Building management (DMC, common parts, undivided shares, interpretation etc.); (2) Conveyancing (sale and purchase agreements, title deeds etc.); (3) Tenancy matters (restrictive covenants on “use” etc.); and (4) Adverse possession.

Probate & Succession

• Assisted in an Advice on the interpretation of a will and whether a gift to a beneficiary had failed (on devilling basis).

Personal Injury

• Chan v Chan & Anor, DCPI 729/2021: Advised on a traffic accident involving the issue of contributory negligence (as sole counsel).

Family Disputes

• LCG v IK, FCMP 231/2019: Appeared as respondent in a trial to resist a child-relocation application (led by Mr. Felix Li).

Commercial Arbitration

• CIETAC (Beijing) Arbitration: acting for a PRC company in respect of a claim by a PRC SOE to refund project fees in excess of HKD 260 million for a 5G telecommunications project in Kyiv, after successfully discharging a Mareva injunction in China National Machine Tool Sales and Technical Service Corporation v Nationsync Electrical and Machinery Equip Corp Ltd [2020] HKCFI 3066 (governing law: PRC law, Hong Kong law, Ukrainian law)
• HKIAC Arbitration: Advising and acting for a PRC SOE in a claim involving in excess of USD 32 million in relation to its investment in a BVI Tech Joint-Venture, leading to a successful settlement (governing law: Hong Kong law, BVI law)
• HKIAC Arbitration: Defending a PRC Tech company in a claim in relation to an IT project for South African National Parks (governing law: Hong Kong law)
• Acting as an expert witness on Hong Kong law for the PRC Chongqing Intermediate People’s Court on conflict of laws in relation to a claim by PRC mobile phone manufacturer against a leading American audio equipment manufacturer, arising from an underlying HKIAC arbitration (governing law: Californian law, PRC law, Hong Kong law)

Construction Arbitration

• Moscow ICAC Arbitration: dispute on a defective works claim in relation to a Myanmar infrastructure project against a Russian corporation (governing law: English law & Myanmar law)
• HKIAC Arbitration: Representing a PRC SOE in a RMB 900 million claim for payment under a FIDIC (BOT) contract for the construction of a Russian natural gas pipeline, leading to a successful settlement (governing law: English law)
• SIAC Arbitration: dispute on a defective works claim in relation to an Afghanistan infrastructure project (governing law: English law & Afghan law)
• SIAC Arbitration: A variation claim and a delay claim in relation to the construction of a Siberian chemical plant (LCIA rules, governing law: English law)
• CIETAC (Beijing) Arbitration: claim against the insurer for fire damage at a construction site at a major residential project in Sichuan which led to a successful early settlement for more than RMB 60 million (governing law: Hong Kong law)
• Maeda Kensetsu Kogyo Kabushiki Kaisha & Anor v Bauer HK Ltd (No 2) (pending appeal from CACV 301/2019) – Pending appeal to the CFA on the validity of a pre-action notice under a construction contract specifying a different legal basis from the one raised before the arbitral tribunal (led by Ian Pennicott QC, SC & with James Niehorster)

Cross Border Commercial Work (Non-Arbitration based)

• Zheng v Gong (HCMP 2354/2020) Successfully obtaining a cross-border injunction against a president of a HK listed company in aid of enforcement of a PRC Supreme People’s Court judgment debt under Cap 597 for RMB 120 million
• Advising a PRC state bank on a multi-jurisdictional syndicated loan of more than USD 850 million in support of an overseas mining project
• Regularly advises on cross-border transactions, especially on complex choice of law and jurisdiction issues

Costs

Wing’s specialty on costs disputes covers matters arising under arbitration, litigation (including taxation and taxation reviews), and also non-contentious matters. Wing also regularly advises on litigation and arbitration funding arrangements.

• HKIAC Arbitration: interlocutory dispute over the applicable law for determining the rate of interest over costs
• Indah v OWT Asia Limited (CACV 322/2021) appeal to the Court of Appeal over decision to award wasted costs against a solicitor despite succeeding in an action
• Yau v Chui (FCMC 5461/2014) successfully sought court to exercise discretion to reopen issues for taxation review under O.62 r33, pending further appeal
• ECB v NTCD (FCMC 2128/2013) dispute on liability for costs for more than HKD 6.6 million following AR proceedings
• Advising on a dispute over a City firm’s costs charged for a failed IPO
• Advising on choice of law clauses in a cross-border litigation funding arrangement, and whether it constitutes champerty