Francis Chung

BARRISTER

Call: 2018

Francis has a broad civil practice, with particular emphasis on securities and regulatory, insurance, employment, land, trust and probate law, and international arbitration.

Qualified as an associate at the Chartered Governance Institute, Francis has acted for both the Securities and Futures Commission and senior management of Hong Kong listed companies in complex fraud, securities and regulatory cases, and has appeared before courts and specialist tribunals including the Market Misconduct Tribunal. 

He is also a Fellow at the Chartered Institute of Arbitrators, and has experience in arbitration proceedings under the UNCITRAL Arbitration Rules and the HKIAC Administered Arbitration Rules. Having acquired experience in cross-border disputes and international law, Francis is developing his practice in natural resources and information technology arbitration and also international investment arbitration.

He often acts for multi-national insurers in different insurance litigation including public liability, personal injury and employees’ compensation cases. 

Besides his civil practice, Francis often acts for defence in different commercial crime cases. He also acts as a prosecutor on fiat for the Department of Justice in the District Court.

RECENT HIGHLIGHTS

  • Market Misconduct Tribunal Inquiry re China Forestry Holdings Company Limited (delisted): Acted for the CEO of a listed company engaged in forestry business 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 [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
  • 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.
  • Sunbroad Holdings Limited v A80 Paris HK Limited (HCA 735/2020 & HCA 1174/2021):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.
  • 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. 

OTHER NOTABLE CASES

Securities and Regulatory

  • 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. 

Arbitration 

Arbitration cases under the HKIAC Administered Arbitration Rules 

  • Acted for a Hong Kong company in a cross-border sale of 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 multi-national public liability insurer in a case concerning a novel issue of applicability of the Control of Exemption Clauses Ordinance (Cap. 71) to the deed of mutual covenant.
  • Naseem Abbas v Rising Aerial Platform Co Ltd; Mahmood Ansar v Rising Aerial Platform Co Ltd [2021] HKDC 387: Acted for the principal contractor on the compensation assessment under the Employees’ Compensation Ordinance (Cap. 282).
  • Leung Mui Yi v Fu Hong Society (formerly known as Society of Homes for the Handicapped) (DCPI 2401/2017): Acted for the insurer of the defendant in contesting both liabilities and quantum in an alleged accident occurred in a public hospital.

Land, Trust and Probate

  • 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.  
  • Wong Ho Ching v Appeal Tribunal (Buildings Ordinance) [2020] HKCFI 2738; Re Appeal against the Building Authority’s Order before the Appeal Tribunal (Buildings Ordinance)(BA 150/2019): Acted for the applicants in the leave application for judicial review against a series of procedural decisions on discovery made by the Appeal Tribunal (Buildings Ordinance). 
  • 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.  

Employment

  • An Equal Opportunity Case (Confidential): Acted for an employer company in contesting liability in the alleged sexual discrimination in termination of an employment contract.
  • 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.
MORE CASES

APPOINTMENTS AND MEMBERSHIPS

Professional Qualifications 

  • Fellow, Chartered Institute of Arbitrators (FCIArb) 
  • Associate, The Chartered Governance Institute (ACG) 
  • Associate, The Hong Kong Chartered Governance Institute (HKACG) 

Membership

  • Founding member, ArbChat
  • HKIAC HK45
  • HKIAC Belt & Road
  • Young ICCA
  • ICC Young Arbitrators Forum
  • Young ICSID

Appointments

  • Part-time Lecturer (non-clinical), Department of Law, The University of Hong Kong (since 2018)
  • Treasurer, Young Barristers’ Committee, Hong Kong Bar Association (since 2021) 
  • Member, Committee on Land, Trust and Probate, Hong Kong Bar Association (since 2021) 
  • Member, Standing Committee on Legal Education, Hong Kong Bar Association (since 2021) 

PUBLICATIONS

Legal Publications

  • Halsbury’s Laws of Hong Kong, Vol 42, New Territories
  • Annotated Ordinance of Hong Kong – Smoking (Public Health) Ordinance (Cap 371) 
  • Annotated Ordinance of Hong Kong – Clubs (Safety of Premises) Ordinance (Cap 376)

Seminars

  • “Suspension and Resumption of Trading of Shares of Listed Companies: Procedure and Practice” (July 2022)
  • “Acting for Specified Persons in the Market Misconduct Tribunal: Procedure and Practice” (Nov 2021)
  • “(Quasi-)Easements Litigation: Some Examples in the New Territories and Multi-storey Buildings” (Oct 2019) 

LANGUAGES

  • English, Cantonese and Mandarin 

EDUCATION

  • PCLL, The University of Hong Kong (2017)
  • LLM, University of Cambridge (2016)
  • LLB (Commercial, Corporate and Financial Law), The University of Hong Kong (2015)

SCHOLARSHIPS AND PRIZES

  • HKU Faculty Outstanding Teaching Awards (2021) 
  • HKCGI Merit Certificate in Corporate Governance and Interpreting Financial and Accounting Information (2021) 
  • Vidler & Co. 6th Hong Kong Human Rights Moot Overall Winner and Best Skeleton Argument Award (2017)
  • Dean’s Honours List (2011, 2015)
  • Alan Leong S.C.’s Chambers Scholarships in Public Law (2014)
  • High Distinction in Insurance Law (2013)
  • Koo Shui Ting Memorial Scholarships (2011, 2012)

Linkedin

https://www.linkedin.com/in/francis-chung-39644712b/