Securities, Regulatory and Commercial Crime

• Market Misconduct Tribunal Inquiry re China Forestry Holdings Company Limited (delisted) : Acted for the CEO of a listed company engaged in forestry business in a 20+ day hearing for the alleged (i) insider dealing of HK$400 million and (ii) disclosure of false or misleading information inducing transactions.
• 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): Acting 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): Acting for two company secretaries in a listed company engaged in forestry business in section 214 proceedings involving claims of over HK$200 million.
• De Lage Landen Pte Limited v Daohua Packing Group Co Ltd (HCA 1768/2022); Tung Fong Lighter Factory Co Ltd (HCA 415/2023); Jumbo Services (HK) Limited (HCA 732/2023): Acting for a global asset finance firm in a series of large-scale fraud and civil recovery cases. The plaintiff commenced action against the various Hong Kong firms (and their conspirators) for unjust enrichment and/or fraudulent misrepresentation.
• 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.
• HKSAR v Fung Ping Fai [2021] HKDC 1578: Successfully defended for the founder and managing director of a Hong Kong tourist agency in relation to the charges of (i) theft of HK$4 million and (ii) publication of false statements by company directors.

International Arbitration

• Disputes over the liquidation of crypto investment transacted in a virtual asset exchange platform.
• Disputes over the insurer’s repudiation of liability under an insurance policy for the insured’s failure to notify the potential claim.
• Disputes over the financing of high technology products between an asset finance firm and a telecommunication company.
• Disputes over the sale and purchase of high technology exports between a PRC and a Hong Kong company involving a sum of US$7 million.
• Disputes over the intellectual property rights arising from the licensing of online games in Korean and the PRC.
• Disputes over a debt claim between a Singaporean individual and a Hong Kong lender company involving a sum of US$2 million.

Insurance, Medical Negligence, Public Liability, Personal Injury and Employees’ Compensation

• Chan Ping Wah v Cayley Property Management Ltd [2021] 2 HKC 536: Acted for a public liability insurer and successfully dismissed the plaintiff’s appeal, where the Court ruled that the Control of Exemption Clauses Ordinance (Cap. 71) is not applicable to the Deed of Mutual Covenant of City Garden which was executed before the effective date of the said Ordinance.
• Chen Linxiong (suing by his wife and next friend Chen Yanling) v China Harbour Engineering Company Limited (HCPI 232/2020): Acting for the insurer to defend the plaintiff’s claim in the sum of over HK$32 million for his brain injuries and neuro-cognitive impairment from a catastrophic industrial accident at the construction site at Hong Kong-Zhuhai-Macau Bridge.
• Leung Mui Yi v Fu Hong Society (formerly known as Society of Homes for the Handicapped) [2023] HKDC 36; [2023] HKDC 449; [2024] HKCA 155: Acted for the insurer of the defendant to successfully dismiss (i) the plaintiff’s action in relation to a work accident in a public hospital and (ii) her subsequent application for leave to appeal. Causation was at issue at trial on whether subsequent injuries on the left shoulder resulted from the plaintiff’s operation of her right rotator cuff. The plaintiff’s application for leave to appeal was dismissed.
• Zhang Rong v Po Shing Construction Limited [2022] HKDC 835, [2022] HKDC 922; [2024] HKCA 461: 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. The applicant’s appeal was dismissed.
• Sit Kan Tat v World-Class Talent Limited & Sinotrans (HK) Warehousing [2024] HKDC 420: Acting for the insurer of the employer (a) to contest liability and quantum in a workplace accident and (b) to seek indemnity or contribution from the warehouse occupier.
• Lau Wai Chuen v Wang Yip Construction Company Limited [2024] HKDC 8: Acted for the insurer of the defendant to successfully dismiss the plaintiff’s claim (on both liability and quantum) arising from his injury at a construction site in Repulse Bay, as a result of his violation of the safety instructions.
• Swarnjit Kaur v Lo’s Cleaning Services Limited [2023] 3 HKLRD 629: 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.
• Baljit-Singh v Oscar Bioenergy Joint Venture [2022] 6 HKC 521: 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.
• Hui Kwok Fai v Lui Pui Ling (DCPI 3333/2020): Acting for the motor insurer of the defendant to contest liability and quantum in a serious traffic accident.
• Ali Mehboob v Yun Kwan Construction Engineering Ltd (HCPI 1370/2014): Acted for the defendant and advised on the potential grounds of appeal on liability and quantum.
• 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.
• 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.
• 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).
• Advised an insurer in relation to a policy dispute on the interpretation of escape clause, excess clause and rateable proportion clause in the public liability policies.
• Advised on the potential liability of a defendant involving alleged surgical negligence.

Land, Trust, Probate and Charities

• Chinachem Charitable Foundation Limited v The Secretary for Justice (HCMP 93/2023): Acting for the Secretary for Justice to oppose the plaintiff to seek legal costs in the actions against Chan Chun Chuen to propound the will of late Nina Kung to be indemnified by the estate of late Nina Kung.
• Hantec Investment Limited v Lam Kan Yau (LDPE 393/2022): Acting for a property developer to recover possession from its tenant in relation to 86 lots of land in Yuen Long which involves novel legal issues on the valuation of agricultural land for open storage purpose.
• Sunbroad Holdings Limited v A80 Paris HK Limited [2022] HKCFI 2251: Acted for a company specialising in haircare products in defending a summary judgment application involving around HK$10 million arrears of rent on the grounds of (i) frustration and (ii) the landlord’s failure to terminate the tenancy agreement in the outbreak of COVID-19.
• 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.
• The Incorporated Owners of Federal Centre v Dudjom Buddhist Association International Limited (LDBM 60/2020): Acted for the registered owner in the counterclaim against the Incorporated Owners for the latter’s unlawful alteration of common parts under the approved building plans.
• Tang Ling Choa Tso v Tang Sheng Pang (HCA 222/2018): Acted for the manager of the “t’so” to recover vacant possession of the New Territories land and mesne profits from a licensee.
• 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.

Employment

• Chan Long Ning Christine v MTR Corporation Limited (DCCJ 1998/2024): Acting for the defendant to strike out the plaintiff’s constructive dismissal claim.
• P2L Limited v Phoenix CVC Limited (HCA 2094/2023): Acting for the defendant to counterclaim against the plaintiff for (a) breach of confidentiality and (b) breach of non-compete clause.
• 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.
• An Equal Opportunity Case: Advised an employer company on its liability in the alleged family status discrimination in termination of an employment contract.
• An Equal Opportunity Case: Acted for an employer company in contesting liability in the alleged sexual discrimination in termination of an employment contract.