Johnathan H.Y. Tsang

BARRISTER

Call: 2020

Johnathan joined Chambers having completed his pupillage with Mr Ambrose Ho SC, Mr Jonathan Ah-weng, Ms Joyce Leung and Mr Herbert Leung. He further marshalled with the Hon Madam Justice Chu V-P. He is developing a broad practice in line with chambers’ profile, with experience in handling cases involving commercial, company, land, arbitration, personal injury, and family matters.

Johnathan obtained his LLB from the University of Warwick and his LLM with Distinction from the London School of Economics. He further obtained his PCLL from the University of Hong Kong, where he was awarded the Henry Wai & Co. Litigation Prize.

RECENT HIGHLIGHTS

  • 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).
  • 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).  
  • 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).  
  • LCG v IK, FCMP 231/2019: Appeared as respondent in a trial to resist a child-relocation application (led by Mr Felix Li). More information about the case in the following Hong Kong Lawyer (Issue: November 2021) article here.

OTHER NOTABLE CASES

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).
  • 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).
  • Assisted in a High Court trial (2021) concerning passing off, breach of fiduciary duties, breach of confidence and conversion (on devilling basis).

Insolvency & Bankruptcy

  • 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 DDMC (HK) Ltd, HCCW 105/2022: Resisting a petition to wind up a Hong Kong company (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).  
MORE CASES

PUBLICATIONS

  • “Bridging The Gap – A Summary Of The Latest Relocation Case Between Hong Kong And Mainland China”, Hong Kong Lawyer (Issue: November 2021) (Article Link).  

LANGUAGES

  • English
  • Cantonese
  • Mandarin
  • Japanese (Conversational)

LINKEDIN

Johnathan’s LinkedIn page can be found here.

EDUCATION

  • PCLL, University of Hong Kong (2019)
  • LLM (Distinction), London School of Economics (2018)
  • LLB, University of Warwick (2017)

SCHOLARSHIPS AND PRIZES

  • Henry Wai & Co. Litigation Prize (2019) (1st place)