Brian Chok

BARRISTER

Call: 2016

Brian Chok has a broad civil practice with strong emphases on corporate, commercial, land, building management, construction and personal injuries matters.  In the commercial and corporate field, Brian has diverse experiences in representing clients in contractual, breaches of directors’ duties and shareholders’ disputes involving local boutique corporate business, as well as corporates including listed companies with strong ties and developments outside Hong Kong, particularly in Mainland China.  His exposure also extends to day-to-day transaction mechanisms involving B2B and B2C e-commerce.

Brian has also frequently advised owners, Incorporated Owners, management companies and tenants on tenancy, ownership, and water seepage matters.  In particular, in Great Tower Development Ltd v The Incorporated Owners of Luso Apartments [2021] HKDC 1138, Brian as sole counsel successfully defended the IO in absolving from its liability even when the source of seepage was adjudicated to be from common parts.  Further, he is familiar with the procedural requirements under DMCs and BMO in challenging the validity of meetings of the IO and Owners’ Committee and the propriety of the imposition of management fees.

RECENT HIGHLIGHTS

Construction

  • New City Construction Co. Ltd v Lik Hang Engineering (HK) Company (HCMP 303/2022) – representing the main contractor in applying for an injunction to restrain presentation of petition involving a cross-claim for prolongation costs
  • REC Engineering Company Limited v Unistress Building Construction Limited (DCCJ 5962/2019) – representing the main contractor in defending sub-contractor’s claim for outstanding payment for installation work.
  • Coxgomyl Hong Kong Limited v Unistress Building Construction Limited (DCCJ 552/2016) – representing the main contractor in defending sub-contractor’s claim for outstanding payment for provision of gandola services.
  • Melofield Nursery and Landscape Contractor Limited v New City Construction Company Limited (DCCJ 4634/2020) – representing the main contractor in defending service provider’s claim for outstanding payment for landscaping services and in counterclaiming the service provider for damages due to its poor performance.

Company and Commercial

  • Chong Lo Ching v Chan Kam Him and Another (HCA 288/2020) – representing the Plaintiff director in a claim for unlawful removal of directors and dilution of shareholding under ss. 728-730 of Cap. 622.
  • Du Shui Wing and Others v Fu Kin Fung and Others (HCMP 846/2019) – representing the Interim Manager of the Company for an order of disclosure against the directors.
  • Li Kwan Ho v Tsoi Ka Yin (HCA 1535/2021) (with Mike Lui) – representing the Defendant for indemnity of IPO expenses incurred by the company pursuant to the Deed of Indemnity.
  • Long Hai Hong v Chan Yu, Lydia and Others (HCMP 3179/2013, HCA 175/2018, HCA 721 & 1537/2019) – representing the company in a derivative action and a rectification action to strike the name of a shareholder off the company’s registry.<
  • Zhang Hui and Another v Hangzhou Bicheng Network Technology Co., Ltd and Others (HCA 1609/2020) (with Alexsander Wong) – representing the subsidiary in defending a claim of fraudulent transfers of shares and changes of directorship.
  • Qupital Limited v Cross Hong Kong Trading Limited and Another (DCCJ 75/2021) – representing the Defendants in a restitution claim concerning trade receivables arising from e-commerce platforms.
  • Zhang Jingli v Kai De International Holding Limited and Another (HCA 1187/2020) (with Alexsander Wong) – representing the Plaintiff in suing the company and its director for unauthorised disposition of the company assets under charge.
  • Target Way (HK) Limited v Tollegno Far East Co. Limited and Others (HCMP 2755/2017 & HCA 1257/2017) (with Mike Lui) – unfair prejudice petition against the Company concerning unfair shareholder loan agreements and repayment of shareholder loans against the Company. 
  • Re Huaxin Investment Holding Limited (HCCW 113/2011) (with Elaine Liu) – representing the liquidators in a s. 182 Cap.32 application and resisting a claim for variation of adjudication on proof of debts. 

Bankruptcy and Insolvency

  • Re: Tamimi, Arif Sultan (HCB3055/2021) – representing the petitioner concerning debts of outstanding rental payments
  • Re: Lam Chung Ho (HCB 3766/2021) – representing the debtor in resisting a petition based on a guarantee for assignment of convertible bonds exceeding US$18m.
  • Re: Ke Junxiang (HCB 4496/2020) – representing the debtor in resisting a petition based on loan agreements exceeding HK$23m.
  • Re: Hop Fung Lung Limited, formerly known as Bonjour Cosmetic Wholesale Centre Limited (HCCW 355/2021) – representing the well-known local cosmetic retail company in winding-up petitions 
  • Re LeTV Sports Culture Develop (Hong Kong) Co. Limited (HCCW 249/2017) – representing one of the creditors in opposing the winding-up order. 

Intellectual Property

  • Akris Pret-A-Porter AG v Akris (Hong Kong) Limited (HCA 2001/2016) – representing the Plaintiff to seek an injunction in a passing-off action.
  • Maison Joseph Battat Ltee v HK Nukied Industrial Limited (HCA 3154/2016) –representing the Plaintiff to seek an injunction in a passing-off action.
  • Guangzhou Walkera Technology Co. Ltd v Sung Yung trading as Chrmic Trading Company (HCA 900/2017) – representing the Plaintiff in a security for costs application in a passing-off action.

Personal Injuries

  • Wu Wai Ting v The Incorporated Owners of Tung Kin Factory Building (DCPI 719/2020) – representing the IO in a “slip and fall” case taken place at the common stairs.
  • Tsui Choi Fa v Lam Yuet Ping and Others (HCPI 442/2014 & DCPI 2713/2018) (with Damian Wong) – representing the main contractor and sub-contractor concerning an accident taken place at a construction site in a personal injuries action.
  • Chan Chiu Tung v Cheng Ka Fai Philip and Another (HCPI 575/2017) – representing the registered car-owner concerning a motor-cycle accident in a personal injuries action.
  • Wong Suk Chun v New City Construction Co., Ltd (DCPI 1872/2020) – representing the main contractor in defending a claim by a pedestrian allegedly being tripped over by a hose in the construction site.
  • Chong Foo Nyon v Lee Choi Yee and Others (DCPI 1086/2020) – defending the driver in a traffic accident in which serious injuries were sustained by the Plaintiff and the driver himself i.e. amputation of limbs.

Property and Building Management

  • Great Tower Development Limited v The Incorporated Owners of Luso Apartments (DCCJ 331/2022) – representing the IO in defending the claim for negligence and nuisance for failure to repair external walls following the Court’s adjudication.
  • Yu Chung Man and Another v The Incorporated Owners of Cheerful Garden (LDBM 294/2019) – representing the IO in a stay application pending appeal concerning the validity of the IO’s resolution to indemnify the IO Chairman his legal expenses in defending a defamation case
  • Wong Fo Keung v Honest Limited and Another (DCCJ 5890/2021) – representing the owner in a water seepage claim
  • Li Wai Keung and Another v Law Chi Leung and Another (DCCJ 2312/2018) – representing the Defendant in a water seepage claim.
  • The Incorporated Owners of the Regalia v Siu Yiu Man and Another; Wong Tak Yun and Another (HCSA 15&16/2018) – representing the owners in challenging the validity of resolution concerning the establishment of Special Fund on the ground of insufficient notice and the right of the IO to collect an increased management fee in breach of procedural requirements under BMO.
  • Great Tower Development Limited v The Incorporated Owners of Luso Apartments (DCCJ 2308/2017) – representing the IO in defending an alleged water seepage from common area and counterclaiming for outstanding management fees.
  • Hong Kong Sunward Fishery Restaurant Management and Another v Leong Yoke Wah Sharon and Chung So Si Fong Dessert Limited (HCA 1165/2019) (with Mike Lui) – representing the Plaintiffs against the chained desert restaurants and their staff in obtaining a quia timet injunction for threat to dispose of documents and in pursuing the claim for derogation from grant, trespass to goods and conversion.
  • Chan Wing Kin and Others v The Incorporated Owners of Covent Garden [2019] 4 HKC 186 – representing the Applicants in arguing that the user of the car-park includes the car-parking space owners, not being a residential flat owner.
  • Tsuei Sheng Chen and Another v Tsuei Ka Yee Grace (HCA 3388/2016) – representing the Plaintiffs to seek an injunction, recovery of land and damages for trespass to person. 

OTHER NOTABLE CASES

Construction

  • New City Construction Co. Ltd v Lik Hang Engineering (HK) Company (HCMP 303/2022) – representing the main contractor in applying for an injunction to restrain presentation of petition involving a cross-claim for prolongation costs
  • REC Engineering Company Limited v Unistress Building Construction Limited (DCCJ 5962/2019) – representing the main contractor in defending sub-contractor’s claim for outstanding payment for installation work.
  • Coxgomyl Hong Kong Limited v Unistress Building Construction Limited (DCCJ 552/2016) – representing the main contractor in defending sub-contractor’s claim for outstanding payment for provision of gandola services.
  • Melofield Nursery and Landscape Contractor Limited v New City Construction Company Limited (DCCJ 4634/2020) – representing the main contractor in defending service provider’s claim for outstanding payment for landscaping services and in counterclaiming the service provider for damages due to its poor performance.

Company and Commercial

  • Chong Lo Ching v Chan Kam Him and Another (HCA 288/2020) – representing the Plaintiff director in a claim for unlawful removal of directors and dilution of shareholding under ss. 728-730 of Cap. 622.
  • Du Shui Wing and Others v Fu Kin Fung and Others (HCMP 846/2019) – representing the Interim Manager of the Company for an order of disclosure against the directors.
  • Li Kwan Ho v Tsoi Ka Yin (HCA 1535/2021) (with Mike Lui) – representing the Defendant for indemnity of IPO expenses incurred by the company pursuant to the Deed of Indemnity.
  • Long Hai Hong v Chan Yu, Lydia and Others (HCMP 3179/2013, HCA 175/2018, HCA 721 & 1537/2019) – representing the company in a derivative action and a rectification action to strike the name of a shareholder off the company’s registry.
  • Zhang Hui and Another v Hangzhou Bicheng Network Technology Co., Ltd and Others (HCA 1609/2020) (with Alexsander Wong) – representing the subsidiary in defending a claim of fraudulent transfers of shares and changes of directorship.
  • Qupital Limited v Cross Hong Kong Trading Limited and Another (DCCJ 75/2021) – representing the Defendants in a restitution claim concerning trade receivables arising from e-commerce platforms.
  • Zhang Jingli v Kai De International Holding Limited and Another (HCA 1187/2020) (with Alexsander Wong) – representing the Plaintiff in suing the company and its director for unauthorised disposition of the company assets under charge.
  • Target Way (HK) Limited v Tollegno Far East Co. Limited and Others (HCMP 2755/2017 & HCA 1257/2017) (with Mike Lui) – unfair prejudice petition against the Company concerning unfair shareholder loan agreements and repayment of shareholder loans against the Company. 
  • Re Huaxin Investment Holding Limited (HCCW 113/2011) (with Elaine Liu) – representing the liquidators in a s. 182 Cap.32 application and resisting a claim for variation of adjudication on proof of debts. 

Bankruptcy and Insolvency

  • Re: Tamimi, Arif Sultan (HCB3055/2021) – representing the petitioner concerning debts of outstanding rental payments
  • Re: Lam Chung Ho (HCB 3766/2021) – representing the debtor in resisting a petition based on a guarantee for assignment of convertible bonds exceeding US$18m.
  • Re: Ke Junxiang (HCB 4496/2020) – representing the debtor in resisting a petition based on loan agreements exceeding HK$23m.
  • Re: Hop Fung Lung Limited, formerly known as Bonjour Cosmetic Wholesale Centre Limited (HCCW 355/2021) – representing the well-known local cosmetic retail company in winding-up petitions
  • Re LeTV Sports Culture Develop (Hong Kong) Co. Limited (HCCW 249/2017) – representing one of the creditors in opposing the winding-up order. 

Intellectual Property

  • Akris Pret-A-Porter AG v Akris (Hong Kong) Limited (HCA 2001/2016) – representing the Plaintiff to seek an injunction in a passing-off action.
  • Maison Joseph Battat Ltee v HK Nukied Industrial Limited (HCA 3154/2016) –representing the Plaintiff to seek an injunction in a passing-off action.
  • Guangzhou Walkera Technology Co. Ltd v Sung Yung trading as Chrmic Trading Company (HCA 900/2017) – representing the Plaintiff in a security for costs application in a passing-off action.

Personal Injuries

  • Wu Wai Ting v The Incorporated Owners of Tung Kin Factory Building (DCPI 719/2020) – representing the IO in a “slip and fall” case taken place at the common stairs.
  • Tsui Choi Fa v Lam Yuet Ping and Others (HCPI 442/2014 & DCPI 2713/2018) (with Damian Wong) – representing the main contractor and sub-contractor concerning an accident taken place at a construction site in a personal injuries action.
  • Chan Chiu Tung v Cheng Ka Fai Philip and Another (HCPI 575/2017) – representing the registered car-owner concerning a motor-cycle accident in a personal injuries action.
  • Wong Suk Chun v New City Construction Co., Ltd (DCPI 1872/2020) – representing the main contractor in defending a claim by a pedestrian allegedly being tripped over by a hose in the construction site.
  • Chong Foo Nyon v Lee Choi Yee and Others (DCPI 1086/2020) – defending the driver in a traffic accident in which serious injuries were sustained by the Plaintiff and the driver himself i.e. amputation of limbs.

Property and Building Management

  • Great Tower Development Limited v The Incorporated Owners of Luso Apartments (DCCJ 331/2022) – representing the IO in defending the claim for negligence and nuisance for failure to repair external walls following the Court’s adjudication.
  • Yu Chung Man and Another v The Incorporated Owners of Cheerful Garden (LDBM 294/2019) – representing the IO in a stay application pending appeal concerning the validity of the IO’s resolution to indemnify the IO Chairman his legal expenses in defending a defamation case
  • Wong Fo Keung v Honest Limited and Another (DCCJ 5890/2021) – representing the owner in a water seepage claim
  • Li Wai Keung and Another v Law Chi Leung and Another (DCCJ 2312/2018) – representing the Defendant in a water seepage claim.
  • The Incorporated Owners of the Regalia v Siu Yiu Man and Another; Wong Tak Yun and Another (HCSA 15&16/2018) – representing the owners in challenging the validity of resolution concerning the establishment of Special Fund on the ground of insufficient notice and the right of the IO to collect an increased management fee in breach of procedural requirements under BMO.
  • Great Tower Development Limited v The Incorporated Owners of Luso Apartments (DCCJ 2308/2017) – representing the IO in defending an alleged water seepage from common area and counterclaiming for outstanding management fees.
  • Hong Kong Sunward Fishery Restaurant Management and Another v Leong Yoke Wah Sharon and Chung So Si Fong Dessert Limited (HCA 1165/2019) (with Mike Lui) – representing the Plaintiffs against the chained desert restaurants and their staff in obtaining a quia timet injunction for threat to dispose of documents and in pursuing the claim for derogation from grant, trespass to goods and conversion.
  • Chan Wing Kin and Others v The Incorporated Owners of Covent Garden [2019] 4 HKC 186 – representing the Applicants in arguing that the user of the car-park includes the car-parking space owners, not being a residential flat owner.
  • Tsuei Sheng Chen and Another v Tsuei Ka Yee Grace (HCA 3388/2016) – representing the Plaintiffs to seek an injunction, recovery of land and damages for trespass to person. 
MORE CASES

PUBLICATIONS

Legal Publications

  • Brian Man-ho Chok, ‘Let the Responsible be Responsible – The Judicial Oversight and Over-Optimism of the International Court of Justice in the Arrest Warrant Case and the Falling of the Head of State Immunity Doctrine in International and Domestic Courts’ (2015) 30 American University International Law Review 490.
  • Brian Man-ho Chok, ‘The Struggle between the Doctrines of Universal Jurisdiction and Head of State Immunity’ (2014) 20(2) UC Davis Journal of International Law and Policy 233.

Seminars

  • “Building Management Disputes” (with Andrew Mak and Carol Wong)
  • “The Practical Aspects of Injunctions in Litigation” (with Andrew Mak and Carol Wong)
  • “PRC Cross Broader Litigation Part II: Recognition and Enforcement of the PRC Judgment and Arbitral Award in Hong Kong” (with Andrew Mak and Chantel Lin)
  • “Practical Aspects of Building Management and Property Litigation” (with Andrew Mak and Carol Wong)
  • “Masterclass in Land Resumption Law” (as sole speaker)
  • “Multi-Storey Building Litigation” (with Andrew Mak and Carol Wong)

LANGUAGES

English, Cantonese and Mandarin.

EDUCATION

  • LLB (City University of Hong Kong)
  • LLM (University of Cambridge)

SCHOLARSHIPS AND AWARDS

  • Iu Ting Kwok Prize
  • PCLL Admission Scholarship
  • Robertsons Prize
  • Moot Court Prize Scholarship
  • Overall Champion, 5th International Criminal Court Trial Competition (2012) 
  • Overall Champion, Susan J Ferrell Intercultural Human Rights Moot Court Competition (2011-2012)