大律师
何沛谦 资深大律师
资深大律师
认许年份：1984 | 资深大律师：2000
Ambrose Ho, S.C. has a broad civil and commercial practice in the areas of securities, bankruptcy, insolvency, commercial, land, trust, probate and public law. He has particular experience in enforcement actions under the Securities and Futures Ordinance, both for the Securities and Futures Commission and private respondents. He is regularly instructed in probate related litigations and also shareholders disputes. In his public law practice, he has acted for the Department of Justice in judicial reviews on building and town planning matters. He has sat as a Recorder of the Court of First Instance, and has been appointed on various statutory appeal boards and statutory authorities as part of his commitment to public service.
Ambrose Ho, S.C. has been quoted as “a very experienced senior counsel” and “a very solid and deep-thinking practitioner” whose court manner is much appreciated by the Bench.
近期案例精选
- Lam Kin Chung v Soka Gakkai International of Hong Kong Ltd [2022] HKCA 480 – Appeal concerning juridical basis for members of a charitable corporation to commence derivative actions and scope of members’ fiduciary duty in voting
- China Agri-products Exchange Limited v Wang Xiu Qun & another [2021] HKCFI 137 – 23-day trial of a commercial dispute involving the sale and purchase of a Mainland company
- Bright Gold Limited v Mega Well Development Limited [2020] 4 HKLRD 26, [2020] HKCA 757 – Appeal by the developer overturning a CFI’s decision relating to estate agent’s capacity in a sale of first-hand property transaction
- C v B (Re A: Mental Health) [2019] 2 HKLRD 613, [2019] HKCA 321 – Appeal in Mental Health proceedings arising from disputes in a family of substantial wealth
- Building Authority v Appeal Tribunal (Buildings) (ENM Holdings Ltd) (2018) 21 HKCFAR 194, [2018] HKCFA 20 – CFA decision on interpretation of provision in Land Grant concerning responsibility to maintain hillside slopes
其他精选案例
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)
显示更多案例
APPOINTMENTS AND MEMBERSHIPS
Professional Career
- Member of the Bar Council, Hong Kong Bar Association; Member of various Special Committees of the Hong Kong Bar Association (1995 – 1999 & 2002)
- Hon. Secretary & Treasurer of the Hong Kong Bar Association (2000)
- Appointment as Senior Counsel (May 2000)
- Deputy High Court Judge (14 April 2003 – 9 May 2003)
- Vice-Chairman of the Hong Kong Bar Association (January 2003 – January 2005)
- Recorder of the Court of First Instance of the High Court (1 January 2006 – 31 December 2014)
- Convenor of the Barristers’ Disciplinary Tribunal (13 October 2021 – Present)
Public Appointments
- One of the Chairmen of the Appeal Tribunal (Buildings) (1 December 1997 – 30 November 2008)
- Member of the ICAC Complaints Committee (1 January 1999 – 31 December 2004)
- Honorary Lecturer in the Department of Professional Legal Education of the University of Hong Kong (1 September 2000 – Present)
- Member of the Management Committee of the Consumer Legal Action Fund (6 December 2000 – 5 December 2002)
- Member of the Consumer Council (1 January 2003 – 6 October 2007)
- Vice-chairman of the Consumer Council (7 October 2007 – 6 October 2013)
- Chairman of the Appeal Board Panel (Toys and Children’s Products Safety) (1 January 2004 – 31 December 2005)
- Chairman of the Air Pollution Control Appeal Board (1 February 2004 – 27 November 2008)
- Member of the Governing Committee of Hong Kong Red Cross Blood Transfusion Service (June 2004 – September 2009)
- Chairman of the Governing Committee of Hong Kong Red Cross Blood Transfusion Service (2017 – 31 March 2023)
- External Member of the Appeal Review Committee, Hong Kong Examinations & Assessment Authority (30 May 2005 – 4 October 2007 & 19 October 2009 – 31 December 2010)
- Chairman of the Appeal Review Committee, Hong Kong Examinations & Assessment Authority (5 October 2007 – 18 October 2009)
- Legal Adviser of the Diocesan Committee for Bioethics (1 June 2005 – 31 May 2007)
- Member of the Judicial Officers Recommendation Commission (1 July 2005 – 30 June 2009)
- Deputy Chairman of the Administrative Appeals Board (10 August 2005 – 31 October 2008)
- Member of the Telecommunications (Competition Provisions) Appeal Board (31 August 2005 – 30 August 2007)
- Deputy Chairman of the Telecommunications (Competition Provisions) Appeal Board (31 August 2007 – 31 October 2008)
- Member of the Disciplinary Chair Committee, Securities and Futures Commission (1 August 2008 – 31 March 2014)
- Chairman of the Broadcasting Authority (1 December 2008 – 31 March 2012)
- Chairman of the Communications Authority (1 April 2012 – 31 March 2017)
- Chairman of the Private Columbaria Appeal Board (29 September 2017 – Present)
- Chairman of the Air Transport Licensing Authority (8 January 2018 – 7 January 2022)
- Member of the Hospital Authority (1 December 2018 – Present)
- Member of the InnoHK Steering Committee (4 February 2019 – 3 February 2021)
- Chairman of the Consultation Panel, The West Kowloon Cultural District Authority (5 March 2020 – Present)
EDUCATION
- LL.B. (University of London, University College) (1983)
- Bar Finals, U.K. (Inns of Court School of Law, London) (1984)
- LL.M. (University of Cambridge, Wolfson College) (1985)
黄旭伦 资深大律师
资深大律师
认许年份：1984 | 资深大律师：2004
Horace Wong, S.C. has a broad civil practice, with a particular focus on commercial, banking and property disputes. He has extensive experience in substantial and complex litigation, having been involved in a number of long-running cases with multi-jurisdictional elements, including the ongoing dispute in Daimler AG v Leiduck. He also regularly acts for regulators and public bodies including the Securities and Futures Commission and the Employees Compensation Assistance Fund Board.
Besides his practice in the courts, Horace Wong, S.C. frequently sits as an arbitrator (both in Hong Kong and abroad), being a panel member of various international arbitral institutions. He also mediates complex commercial disputes and is a specially appointed mediator of the Hong Kong Mediation Council in respect of the Investment Agreement under the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA).
He has been recognised by The Legal 500 Asia Pacific Hong Kong Bar (2021) as a leading silk in commercial disputes and an “accomplished S.C.”.
近期案例精选
- Fong Chak Kwan v Ascentic Ltd [2021] 6 HKC 401 (CA), [2022] HKCFA 4 – Acting for the Employees Compensation Assistance Fund Board in an appeal to set-aside leave for service-out involving proper interpretation of “damage limb” of the tort jurisdictional gateway
- Chen Yue Jia James v Chen Maria [2020] HKCFI 2410: 18-day trial concerning validity of 5 wills
- SFC v Yiu Hoi Ying Charles [2017] 3 HKLRD 157 (CA), (2018) 21 HKCFAR 475: Leading CFA decision on the interpretation of “innocent purpose” defence provided in s 271(3) of the Securities and Futures Ordinance.
其他精选案例
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)
显示更多案例
APPOINTMENTS AND MEMBERSHIPS
Professional Career
- Appointment as Senior Counsel (2004)
- Deputy High Court Judge (2008-2009)
- Recorder of the High Court (2010-2012)
- Panel Convenor, Barristers Qualification Examination (Property, Conveyancing and Equity), Hong Kong Bar Association (since 2007)
Public Appointments
- Justice of the Peace (since 2014)
- Deputy Chairman, Town Planning Appeal Board (since 2017)
- Deputy Chairman, Unsolicited Electronic Messages (Enforcement Notices) Appeal Board (since 2016)
- Honorary Lecturer, Department of Professional Legal Education, University of Hong Kong (since 2008)
- Chairman, Administrative Appeals Board (2010-2016)
- Chairman, Buildings Appeal Tribunal (2015 – 2021)
- Non-Executive Director, Mandatory Provident Fund Schemes Authority (2012-2018)
- Member, Disciplinary Chair Committee, Securities and Futures Commission (2008-2018)
- Member, Appeal Board Panel, Exemption of Regulated Products (2011-2017)
- Member, Criminal and Law Enforcement Injuries Compensation Boards (2007-2013)
- Member, Disciplinary Panel, Hong Kong Institute of Certified Public Accountants (2004-2005)
EDUCATION
- Higher Certificate in Civil Engineering (HK Polytechnic)
- LLB, University of Hong Kong
- PCLL, University of Hong Kong
- LLM, Wolfson College, Cambridge (First Class Honors)
- MA in Philosophy, Chinese University of Hong Kong (Dean’s List)
Other Professional Qualifications
- Member, Panel of Arbitrators, Hong Kong International Arbitration Centre
- Diploma in Chinese Law, University of East Asia
- Diploma in Chinese Law (China Law Society)
- CEDR Accredited Mediator
- CEDR Certificate on Investor-State Mediation Training
聂心平 资深大律师
资深大律师
认许年份：2006 | 资深大律师：2021
聂心平资深大律师的执业范围广泛涵盖各类民事诉讼，尤其擅长处理商业及证券诉讼。他被评论家描述为「聪明睿智、兢兢业业」（钱伯斯指南 2023）；「才思敏捷」且「对客户友好的大律师」（法律500强）。
他曾就多宗案件于法庭及专责审裁处（市场失当行为审裁处和证券及期货事务上诉审裁处）代表证券及期货事务监察委员会或接受调查的当事人，并「经常因其在证券相关案件中的优秀表现而得到嘉许」（钱伯斯指南 2023）。他亦曾担任离岸诉讼中证券法的专家证人。
聂资深大律师亦拥有其他执业范畴的丰富经验，涵盖银行、公司及股东纠纷、竞争、保险、专业疏忽、土地、信托、雇佣、婚姻、破产、中国及国际跨境纠纷、公法以及白领犯罪等领域。
在仲裁领域，聂资深大律师是现任香港大律师公会仲裁委员会副主席。他亦是英国皇家特许仲裁员协会资深会员、香港国际仲裁中心仲裁员名单成员，并曾在多宗商业纠纷中担任仲裁员。作为执业大律师，他亦曾代理过多宗境内及跨境商业纠纷。他还处理过涉及向法院提出协助仲裁程序或撤消执行仲裁裁决的申请。
作为一名调解员，聂资深大律师曾参与多宗涉及各类民事纠纷的调解（使用英语、广东话和/或普通话）。他于 2010 年获得英国有效争议解决中心认证的调解员资格。
在加入香港大律师行业之前，聂资深大律师曾担任新南威尔士州最高法院斯珀林法官的司法助理，并曾在悉尼Clayton Utz律师事务所和香港年利达律师事务所担任律师。
近期案例精选
- Delco Participation BV v Chiho Environmental Group Ltd & Ors [2021] HKCA 1889; [2021] HKCFI 869, 1272: 代表被告处理前合资伙伴在一中国金属回收业务中提出的价值超过四亿港元的索赔
- Tam Sze Leung & Ors v SJ and SFC [2022] 5 HKLRD 44: 在一项由其证券帐户遭发限制通知书的客户提出的司法复核申请中，代表证券及期货事务监察委员会行事
- Securities and Futures Commission v Lu Ruifeng & Ors [2022] HKCA 326; [2020] 4 HKLRD 786: 代表证券及期货事务监察委员会，处理根据《证券及期货条例》第213条提出的申索，追讨指称的亚洲电信媒体有限公司股份内幕交易商的赔偿
- Securities and Futures Commission v DFRF Enterprises LLC & Ors [2022] HKCFI 1288: 代表证券及期货事务监察委员会，处理根据《证券及期货条例》第213条对在香港进行无牌活动和实施证券欺诈的人提起的索赔
其他精选案例
仲裁领域
作为仲裁员
- 在一宗涉及加密货币清算纠纷的国际仲裁中担任独任仲裁员
- 在一宗因佣金协议而引发争议的国际仲裁中担任独任仲裁员
- 在价值约一千万美元的股份购买协议纠纷中担任仲裁员
- 在一宗价值约四千万美元的香港首次公开募股引起的担保执行案件中担任仲裁员
作为大律师
- Wingtech Group (Hong Kong) Ltd v Tat Chun Printed Circuit Board Company Ltd (CACV 223/2014): 在申请撤销内地仲裁裁决的执行中代表被申请人行事
- AO Smith Holdings (Barbados) SRL v Zhang Dacheng (HCMP 1132/2011): 代表被告处理原告的禁令申请，以协助其价值约2600万美元的国际商会仲裁索赔
- Fresh Gain Ltd v China Vocational Education Co., Ltd & Ors (HCCT 45/2011): 代表被告处理一起根据《仲裁条例》第45条提出的禁令程序
- 代表一家国际制药公司向一家中国企业的供应商提出价值超过3000万美元的索赔
- 在价值超过一亿元人民币的跨境音乐会索赔中代表被告行事
- 代表担保人就商品买卖合同项下的索赔进行抗辩
- 代理一起涉及中国土地开发项目的股东纠纷案件
银行
- Zillion Global Ltd v UBS AG [2020] HKCFI 953: 代表原告提出未经授权执行和不当销售索赔
- Gurdas Sabhagchand Choithramani v The Hongkong and Shanghai Banking Corporation Ltd [2021] HKCFI 301: 代表汇丰银行剔除了该银行前客户的一名董事和股东提出的索赔
- Colvin Morton Brown v The Hongkong and Shanghai Banking Corporation Ltd [2019] HKCFI 526: 代表汇丰银行剔除了该银行一名前客户的董事和股东提出的索赔
- KGI Futures (Hong Kong) Ltd v Li Kar Huen Christine (HCA 194/2010): 在一次审判中代表原告证券公司以追回被告用于交易指数期货的保证金帐户中的差额
- Zhang Zhatzewal v Shanghai Commercial Bank Ltd & Anor (HCA 1996/2009): 代表东亚银行有限公司就不当销售索赔进行抗辩
破产
- Re Cao Zhong [2021] HKCFI 3143: 代表债务人反对基于一项超过1.49亿港元债务（由贷款协议产生）的破产申请
- The Joint and Several Trustees of the Property of Yeung Wing Sing v Yeung Wing Sing (A Bankrupt) & Anor [2021] HKCFI 2018: 根据《破产条例》第49条的规定，在一次审判中代表破产受托人撤销一项价值偏低的财产转让交易
- Li Wo Hing v Raiffeisen Bank International AG, Beijing Branch (HCSD 19/2014): 代表答辩人反对撤销法定要求的申请
- Shao Kung Chuen v The Bank of East Asia, Ltd (HCSD 35/2011): 代表被申请人银行，反对一项撤销法定要求的申请
商业纠纷
- Nexperia BV v Edal Electronics Company Ltd (HCA 1411/2021): 在电子元件分销纠纷中代表被告行事
- Signature Diamond LLC v Phillips Fine Watches Ltd [2021] HKCFI 192; [2019] HKCFI 2903: 在手表交付申索中代表被告拍卖行行事
- Golden Miles Group Holdings Ltd v Jacob & Co Ltd [2018] HKCFI 441: 在手表分销纠纷中代表原告行事
- Well Joint Trading Ltd v Chiu Chung Chiu [2012] 6 HKC 393: 在一项收回螺纹钢筋的诉讼中代表原告行事
- ADP Pentagon Pets Ltd v Pets Central Asia Inc & Ors (HCA 1381/2009 & HCA 1941/2008): 在与合资伙伴的宠物店/诊所业务纠纷中代表原告行事
公司和股东纠纷
- Hsin Chong Group Holdings Ltd (in liq) v Lin Zhuo Yan & Ors (HCA 1661/2019): 代表第三、第四及第五被告处理就新昌集团在中国的多项项目的交易而违反董事职责的诉讼
- Remedy Asia Ltd v Patrick Tong Hing Chi & Ors [2020] HKCFI 2792; [2020] HKCFI 398: 在针对多名董事因欺诈和不诚实而违反职责的损害赔偿索赔中，代表Remedy Asia行事
- Ng, Christina v Capella Capital Ltd & Ors [2020] 2 HKLRD 274: 在原告与第二被告之间的婚姻诉讼确定之前，代表公司被告取消或暂停清盘程序
- High Fashion New Media Corporation Ltd v Leong Ma Li (HCMP 932/2020): 代表被告提起藐视法庭诉讼指控其未遵守在股东纠纷中授予的禁令
- China Medical Technologies, Inc (in liq) & Ors v Wu Xiaodong & Ors [2020] 1 HKLRD 342; [2019] HKCFI 1266: 代表原告就涉嫌欺诈挪用超过5.21亿美元的款项向前高级管理层提出索赔
- Poon Ka Man Jason v Cheng Wai Tao & Ors [2019] HKCFI 938: 在一家经营多家日本餐厅的公司的股东提起的普通法衍生诉讼中，代表公司被告行事
- Chien Tsai Wan Judy v Chiu Tai Loy & Ors [2018] HKCFI 603: 针对因董事涉嫌违反职责致使公司遭受损失而提起的衍生诉讼中代表原告行事。
- Joint and Several Receivers of Pacific Bulk Shipping Ltd v Tong Zhenjun & Ors (HCMP 1244/2015): 代表被告处理关于接管人就其委任的有效性以及交付财产和资产的命令所提出的申索
- Wong Siu Ying Joyce v Kaywon Ltd & Anr (HCCW 104/2013): 在公正和公平的清盘审判中代表申请人行事
- Chen Yung Ngai Kenneth v Shinewing Specialist Advisory Services Ltd (HCCW 279/2010): 就申请免除清算人的职务并提供帐簿和记录代表被告行事
竞争
- Competition Commission v Atal Building Services Engineering Limited & Ors [2022] 4 HKLRD 425: 在一次竞争事务审裁处的执行中代表竞争事务委员会行事，该执行因起于价格垄断、市场共享和/或操纵投标而违反“第一行为守则”
雇佣
- Chen Xiumei v Li Siu Wo & Anr [2008] 4 HKLRD 429: 在一项因死亡事故而引发的雇员补偿的法律程序中，代表雇员补偿援助基金管理局行事
- Yi Shengmao & Ors v Wong Kam Piu & Ors (HCPI 742/2005): 在一项因死亡事故而引发的雇员补偿的法律程序中，代表雇员补偿援助基金管理局行事
- 就各类雇佣相关事宜提供法律意见，包括：投资银行雇用政策、跳板禁制令、花红纠纷及平等机会申索
保险
- FWD Life Insurance Co (Bermuda) Ltd v Lam Chi Chuen Alpha & Sin Chau Yuk [2019] HKCFI 2878: 代表原告人保险公司追讨支付给其前保险代理的有条件垫付款项
- FWD Life Insurance Co (Bermuda) Ltd v Cindy Poon Cindy [2019] 3 HKLRD 455: 代表原告人保险公司追讨支付给其前保险代理的有条件垫付款项
- Cheung Kit Man v FWD Life Insurance Co (Bermuda) Ltd & Ors [2018] 5 HKLRD 259: 在一宗平等机会申索中代表被告人保险公司
- Wong Ka Yick v AXA China Region Insurance Co Ltd (HCA 421/2017): 在一宗由前保险代理提出的违反口头协议申索中，代表被告人保险公司
- Dah Sing Insurance Services Ltd v Gill Gurbux Singh (2016) 19 HKCFAR 454: 在一宗离职后向前保险代理追讨签约奖金及按月津贴的申索中，代表原告人保险公司
- FWD Life Insurance Co (Bermuda) Ltd v Cheng Wing Yiu Dumas & Anr [2018] HKCFI 91: 在一项向前保险经理追讨尚未清偿债务的法律程序中，代表原告人保险公司
土地
- Zhongtai International Securities Ltd v First Concord Investment Ltd [2018] HKCFI 2653: 在一宗追讨空置土地管有权及总值超过港币1.53亿港元的金钱判决的申索中，代表被告人行事
- Catherwood Ltd v Feng Jin Liang & Anor [2018] HKCFI 2383: 在一宗涉嫌土地逊值交易以欺诈债权人的审讯中，代表被告人行事
- Fordtime Industrial Ltd v Yip Shing Lam (HCMP 1373/2014; LDPE 757/2012): 就一宗租赁纠纷，在土地审裁处及上诉法庭代表答辩人行事
- Lead Traders Ltd v Lucky Land Enterprise Ltd [2012] 4 HKLRD 612: 代表多数业主申请人，谋求楼宇的强制售卖，以做重新开发
- Kiuwide Company Ltd v Tseung Ding Man (HCMP 1003/2013): 在一宗有关新界土地的逆权管有申索中，代表原告人行事
- Mak Kam Chuen v Triple Joy Investments Ltd [2012] 1 HKC 412: 在一宗逆权管有申索中，代表被告人行事
- Urban Renewal Authority v Agrila Ltd (HCA 1582/2002): 在一项有关某中环市区重建项目的争议中，代表被告人行事
- Super Keep Investment Ltd & Anr v Wong Kwok Wa & Ors (HCMP 1760/2009): 在一项原居乡村房屋开发的争议中，代表原告人行事
婚姻
- TCWF v LKKS & Ors [2013] 2 HKC 549; [2014] 1 HKLRD 896; [2014] 1 HKLRD 1014; [2014] 2 HKLRD 1046; FAMV 38, 39/2014: 在一宗质疑原审法官关于经济条款裁决的婚姻纠纷上诉中，代表第二介入者行事
- Secretary for Justice v FTCW & Ors [2014] 1 HKLRD 849; FAMV 9-12,15/2014: 在一宗因婚姻争议而引起的关于法律专业保密权及不自证其罪特权的申索中，代表不同介入者及被告人行事
专业疏忽
- Roderick Miller v The Law Society of Hong Kong (HCMP 3269/2013): 在一宗因拒发事务律师执业证书而提起的上诉中，代表香港律师会行事
- 代表一名会计师在香港会计师公会对其进行的的纪律处分程序中行事
- 为一“四大”会计师行就核数师疏忽问题提供法律意见
中国及国际跨境纠纷
- Re Seahawk China Dynamic Fund (in provisional liquidation) (FSD Cause No. 23 of 2022): 在一项于开曼群岛大法院金融服务部审理的，以公正公平为由而提出的清盘行动中，担任香港证券法专家证人
- Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd (HCMP 1449/2014): 在一项牵涉中国内地及英国法律程序的国际贸易纠纷中，代表被告人的共同及各别接管人和经理人行事
- Taibao Investment and Management (Hong Kong) Ltd v Kary Enterprises (Holdings) Ltd & Anr (HCA 642/2011): 在一项有关一中国内地高尔夫球场合资企业的争议中，代表第一被告人行事
- Liberty Media Holdings, LLC v FF Magnat Ltd (HCMP 1275/2012): 代表原告人于香港法庭申请强制性济助及披露令济助，以助其在美国的法律程序
- Sherryknoll Enterprises Ltd & Ors v Grand Power Ltd (HCMP 1895/2012): 在一宗要求交付在香港上市的中国内地国营矿业企业的五亿股股份证明书的申索中，代表被告人行事
公法
- Chen Wencan & Anr v Secretary for Justice & Anr [2023] HKCFI 796: 在一项由其证券帐户遭发限制通知书的客户提出的司法复核申请中，代表证券及期货事务监察委员会行事
- China Wood Optimization (Holding) Ltd v The Stock Exchange of Hong Kong Ltd [2023] HKCFI 1000: 代表一上市公司提出司法复核批准申请，以质疑香港交易所对其作出的除牌决定
证券法
- Leung Yuk Kit v SFC (SFAT Application No. 4 of 2021): 在一项由其证券帐户遭发限制通知书的客户提出的复核申请中，代表证券及期货事务监察委员会行事
- 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: 在一宗按《证券及期货条例》第213条，针对实施锅炉室诈骗的人士提出的申索中，代表证券及期货事务监察委员会行事
- SFC v Andrew Liu & Ors [2022] HKCFI 697; [2018] 1 HKLRD 320: 在一宗按《证券及期货条例》第214条提出，索取针对一上市公司的不同董事的赔偿令及取消资格令的申索中，代表证券及期货事务监察委员会行事
- SFC v Yiu Hoi Ying Charles & Ors [2021] HKCFA 41; (2018) 21 HKCFAR 475: 在一宗针对一上市公司的董事及公司秘书进行内幕交易的申索中，代表证券及期货事务监察委员会行事
- Zhou Ling v SFC (SFAT Application No. 5 of 2020): 在一项由其证券帐户遭发限制通知书的客户提出的复核申请中，代表证券及期货事务监察委员会行事
- Yi Shun Da Capital Ltd v SFC (SFAT Application No. 4 of 2020): 在一项由保荐人提出针对证券及期货事务监察委员会因保荐人缺失而谴责及罚款的决定的复核中，代表证券及期货事务监察委员会行事
- Pang Hon Pan v Hong Kong Monetary Authority (SFAT Application No. 4 of 2019): 在一项就一银行家因其遭纪律处分行动而申请复核的程序中，代表香港金融管理局行事
- SFC v Tong Shek Lun & Ors [2020] HKCFI 435: 在一项，按《证券及期货条例》第214条提出的针对不同董事的赔偿令及取消资格令申索的Carecraft程序中，代表证券及期货事务监察委员会行事
- 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: 在一宗按《证券及期货条例》第213条，针对实施锅炉室诈骗的人士提出的申索中，代表证券及期货事务监察委员会行事
- SFC v Li Han Chun & Ors [2019] HKCFI 1966: 代表被告人申请提高由证券及期货事务监察委员会提出的《证券及期货条例》第213条申索下强制令所规定的法律费用可用额度
- SFC v Sun Min [2017] 4 HKLRD 211: 根据《证券及期货条例》第213条，在索取内幕交易者向交易对方所付交易款的申索中，代表证券及期货事务监察委员会行事
- SFC v Yin Yingneng Richard & Ors [2015] 5 HKLRD 530: 在一宗按《证券及期货条例》第214条提出，索取针对一上市公司的不同董事的赔偿令及取消资格令的申索中，代表证券及期货事务监察委员会行事
- SFC v Qunxing Paper Holdings Company Ltd [2014] 3 HKLRD 181: 在一项《证券及期货条例》第214条下的禁制令的更改申请中，代表证券及期货事务监察委员会行事
- SFC v Hontex & Ors (HCMP 630/2010): 在一宗因洪良国际涉嫌于全球股份认购的招股章程中夸大营业额及利润，证券及期货事务监察委员会根据《证券及期货条例》第213条要求宣布性质的济助及复还性质的济助的审讯中代表被告人行事
- Market Misconduct Tribunal Inquiry Proceedings into dealings in the shares of Citic Ltd (2017): 在一场历时五十三天，有关股份交易的市场失当行为的研讯中代表中信股份前财务总监行事
- Market Misconduct Tribunal Inquiry Proceedings in relation to the securities of Yorkey Optical International (Cayman) Ltd (2017): 代表证券及期货事务监察委员会处理涉及违反《证券及期货条例》第XIVA部披露内幕消息规定的调查
- Market Misconduct Tribunal Inquiry Proceedings into dealings in the shares of Bank of China Ltd and China Construction Bank Corporation (2014): 代表证券及期货事务监察委员会处理涉及银行股份内幕交易及虚假交易的调查
- Peter Leung v SFC (SFAT Application No. 7 of 2013): 代表证券及期货事务监察委员会处理一名持牌人就暂时吊销牌照决定的复核申请
- 代表原告处理在开曼群岛投资基金的股份赎回纠纷
- 代表证券及期货事务监察委员会及数间上市公司处理《证券及期货(在证券市场上市)规则》第9条下恢复交易的申请
- 代表一名上市公司前执行董事处理香港交易所对其展开的纪律处分程序
- 代表数名人士处理证券及期货事务监察委员会及香港金融管理局展开的调查及会面
信托
- RB International Investments Asia Ltd & Anr v APAC Investment Holdings Ltd & Ors [2019] HKCFI 2922: 代表原告人申索有关价值超过4.9亿的上市公司股份为原告人的绝对权益而以信托形式持有
- 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): 代表原告人申索有关公司股份为死者的遗产管理的绝对权益而以信托形式持有，并追讨损害赔偿
- Speed Sourcing Ltd & Ors v Rainbow State Investments Ltd & Ors (HCA 2298/2013): 代表被告人处理就原告人追讨土地财产及申索有关股份以信托形式持有之事宜
- 代表数名被告人处理信托受益人就违反受信责任、明知接收信托财产、不诚实协助，及串谋的申索
白领犯罪
- Ferrari North America, Inc v Changhon International Energy Co., Ltd & Ors [2019] HKCFI 2318: 代表案中一名被告人处理有关互联网欺诈的申索
- Arrow ECS Norway AS v M Yang Trading Ltd & Ors [2018] HKCFI 975: 代表案中一名被告人处理有关互联网欺诈的申索
- Ubiquitti Networks International Ltd v Chan Kim Chuen & Ors (HCA 1606/2016): 代表案中一名被告人处理有关互联网欺诈的申索
显示更多案例
法律评级机构指南排名
聂资深大律师在以下法律评级机构指南中获得以下类别的评级：
《钱伯斯指南》
- 商业纠纷解决
《法律500强》
- 商业纠纷
- 监管、调查与犯罪行为
《法律界名人录》
- 商业诉讼领域 – 未来领袖 – 非合伙人
法律评级机构指南摘录
“履德大律师事务所的聂心平资深大律师于 2021 年晋升为资深大律师，并经常因其在证券相关案件中的优秀表现而得到嘉许，他亦频繁代表证券及期货事务监察委员会。他广泛的执业范围还包括公司法、股东纠纷、专业疏忽和破产事务。”
优势
“聂资深大律师聪明睿智、兢兢业业、一丝不苟…”
“聂资深大律师的优势是极具商业头脑，提交法律意见时简明扼要以及他出色的讼辩能力，尤其是在盘问方面，他精通英文并善于与中文译员合作。他为人友善、平易近人且惠然肯来，愿意深入研究证据的细节，包括中文文件。”
一位受访者称赞，“他作为大律师为我们处理一件复杂且高难度的信托案件。他的优势是曾经做过律师，具有商业视角，务实且高效；他出色地完成了工作。”
钱伯斯指南 (2023)
“聂资深大律师‘易于合作、亲力亲为且拥有善于分析的头脑。他能用中英文完成一流的讼辩和盘问。’”（商业纠纷）
“聂资深大律师工作缜密且是一位对客户友好的大律师。他才思敏捷。”（监管、调查与犯罪行为）
法律500强 (2023)
“聂资深大律师一丝不苟…”
法律500强 (2022)
“聂心平大律师是一位‘非常全面’，且‘在法庭上沉着冷静以及反应敏捷’的大律师。”
法律界名人录 (2021)
学历
- 阿德莱德大学经济学学士（1994年）
- 阿德莱德大学法学士（一级荣誉）（1996年）
- 南澳大学法律实务毕业证书（1997年）
奖学金及奖项
- 澳洲执业会计师公会财务会计IA及IB奖(1991)
- 计量经济学III奖(1992)
- Howard Zelling行政法奖(1994)
其他专业资格
- 英国皇家特许仲裁员协会资深会员 (2020年)
- 英国有效争议解决中心认证调解员（2010年）
- 新南威尔士最高法院律师（1998年）（非执业）
- 南澳大利亚最高法院大律师及律师（1997年）（非执业）
任命及职务
任命
- 高等法院暂委法官（2023年五月）
- 高等法院原讼庭暂委副司法常务官（2019年10月，2021年2月）
- 区域法院暂委法官（2018年4月，2019年7月，2021年10月）
- 海外大律师资格考试考官（卷五：专业操守）（2018年，2020年）
- 新南威尔士最高法院斯珀林法官的司法助理（1997年）
职务
- 香港国际仲裁中心仲裁员名单成员（自2022年起）
- 香港大律师公会仲裁委员会副主席（自2022年起）
- 一邦国际网上仲调董事会成员（自2022年起）
- 香港大律师公会金融及证卷法专业委员会主席（2019年至2021年）
- 香港大律师公会金融及证卷法专业委员会成员（2016年至2018年，2022年起）
- 香港大律师公会公司法专业委员会成员（自2018年起）
- 香港大律师公会大律师行为守则常委会成员（自2017年起）
- 香港大律师公会公民教育常委会成员（自2012年起）
出版刊物
- 《香港民事诉讼程序》特约编辑（自2009年起）
- 《证券及期货条例: 评论和注释》（第571章）特约编辑（自2015年起）
- 《支付系统及储值支付工具条例》（第584章）注释者（2019年）
语言
- 英语, 广东话及普通话
殷志明
大律师
认许年份：1997
Michael Yin has a broad civil practice covering both litigation and advisory work. His special expertise lies in traditional chancery work, including all aspects of land-related matters, trusts and estates, and tax. He also has wide experience in Chinese law and custom, insolvency law, charity law, mental health proceedings, professional negligence, partnership and company disputes.
近期案例精选
- Winland Finance Limited v. Gain Hero Finance Ltd [2022] HKCFA 3 (competing priorities between an earlier equitable assignment of future proceeds of sale of property and a later charging order on the property)
- Lam Kin Chung v Soka Gakkai International of Hong Kong Ltd [2022] HKCA 480 (juridical basis for members of a charitable corporation to commence derivative actions and scope of members’ fiduciary duty in voting)
- Re WSY [2022] HKCFI 496 (application for a statutory will to be made for an ultra high net worth patient with complex financial and family affairs)
- Anthony Eric Ryan Hotung v. Hotung Michael Eric AB [2021] HKCFI 601 (breach of trust and removal of trustee)
其他精选案例
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)
显示更多案例
APPOINTMENTS AND MEMBERSHIPS
- Vice Chairman, Standing Committee on Legal Education, Hong Kong Bar Association
- Member, HKSAR Standing Committee on Legal Education and Training
- Member, Committee on Land, Trust and Probate, Hong Kong Bar Association
- Member, Sub-committee on Adverse Possession, The Law Reform Commission of Hong Kong
EDUCATION
- LLB Hons (1992)
- LLM in commercial law (1995)
Qualifications
- Called to the Bar at Lincoln’s Inn (1993)
- Called to the HK Bar (1997)
李焕文
大律师
认许年份：1999
Thomas Lee is an experienced advocate, arbitrator and adviser. He works across a broad range of commercial disputes, principally in construction, fraud and asset tracing, employment and professional negligence.
He is often sole advocate in difficult matters. He is also very comfortable as a senior junior working in a team on heavy cases. He is highly accessible for formal and informal advice as well as representation.
He is a Chartered Arbitrator. He has been appointed (solely and as panel member) in several ad hoc references and in appointments under the HKIAC and ICC rules (domestic and international). He practises as a commercial mediator and has sat as a Deputy District Judge.
Having been a partner in the HK office of a London law firm, he is highly attuned to the needs and demands of solicitors as well as their clients.
He was born in Kuala Lumpur, educated in Australia, and has lived and worked in HK since 1991.
He serves extensively on professional bodies: the Arbitration Committee of the HK Bar Association; the Construction Committee of the HKBA (currently Chairman); and the council of the Society of Construction Law Hong Kong, since 2003 (Chairman in 2007).
Thomas is ranked as a leading commercial disputes junior (Tier 1) by Legal 500 (2021, 2022). He is also ranked as leading construction junior (Tier 1) by Legal 500 (2021, 2022) and is recommended by Doyle’s Guide in construction (2017, 2020, 2021, 2022).
近期案例精选
- ZPMC-Red Box Energy Services Ltd v Philip Geoffrey Adkins [2021] HKCFI 3501: acted for corporate defendants to a dispute arising out of a failed joint venture, seeking a stay to arbitration in a multi-party and multi-contract dispute.
- China Medical Technologies Inc (in liquidation) v Wu; Ors [2021] HKCFI 286: acted for the liquidators in opposing the bank’s application to discharge a banker’s books order.
- Lam Siu Wai v Equal Opportunities Commission [2021] 5 HKLRD 30: acted for a former Chief Equal Opportunities Officer in a High Court appeal from the Labour Tribunal, involving issues the right to terminate without cause, the duty to exercise such a right in good faith and the implied duty of trust and confidence between employers and employees.
其他精选案例
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.”
显示更多案例
APPOINTMENTS AND MEMBERSHIPS
- Chartered Arbitrator, FCIArb and FHKIArb.
- Hong Kong International Arbitration Centre (Member, Panel of Arbitrators).
- Hong Kong Mediation Council (Member and accredited HKMAAL mediator).
- Deputy District Judge (June 2011).
- Hong Kong Bar Association Committees on International Practice, Arbitration and (as Chairman) Construction (current); Direct Professional Access and Higher Rights of Audience (2006-2009).
- Council Member and Honorary Legal Advisor, Oxfam Hong Kong (2004-2006).
- Solicitor, England & Wales (non-practising).
- Solicitor, Queensland, Australia (non-practising)
PUBLICATIONS
- Thomas edited the chapter on contractors’ completion obligations in Emden’s Construction Law (HK ed.) and wrote the chapter on progress and completion obligations in Construction Law Essentials (HKU Press).
- Thomas has spoken and taught on construction law and on HK-Mainland China reciprocal enforcement arrangements for judgments and arbitral awards.
EDUCATION
- LLB, University of Queensland, Australia
- BA (Hons), University of Queensland, Australia (Thomas Morrow Prize; Lions O’Grady Memorial Scholarship)
梁凯思 (女士)
大律师
认许年份：2002
梁大状是本港公司民事诉讼屡获胜诉并拥有丰富资历的大律师。执业至今备受客户认可及赞誉，并多次再获委託处理各类案件。
梁大状擅长处理企业纠纷相关的诉讼，涵盖范围广泛，从商业合约纠纷，以至更为複杂且在本港常见的私人公司股东纠纷，以及税务、保险事项、知识产权及土地相关业权和拥有权纠纷等等。梁大状同时被评选为「商业纠纷」、「知识产权」，以及「家事及私人客户」领域的《法律500强》大律师，引证其于众多领域的成就以及为客户提供多方面法律意见的能力。
梁大状具备丰富的专业知识，并熟悉最新法律条例，在处理複杂案件方面经验丰富，能够满足本地与跨国客户的要求。她曾修读会计及金融，有助她更清楚了解有关商业案件的细节及背景。梁大状能言善辩，凡事注重细节，善于巧妙拆解争议困局，并能够迅速应对难以处理的不利证据和构思扼要论点。除了法律技巧外，梁大状在提供专业意见时，会从客户的角度出发，因此与客户及委託人均能建立长久而稳固的友好关係。
梁大状精通英语、广东话及普通话。
近期案例精选
- Tsoi Chik Sang Lawrence v Tasty Catering Group Limited & Ors [2019] HKCFI 82及[2019] HKCA 481，以及Tasty Catering Group Limited & Anor v Cheng Hung Kit & Ors [2020] HKCFI 2477及[2021] HKCA 1211：代表新的大股东阻止被逐出该公司的董事局及管理层。该公司（恆香老饼家）是一家传统饼店，凭藉其唐饼产品在全球华人社区建立良好信誉和声誉。自2011年以来，该公司捲入了超过20宗不同股东／持份者之间的法律诉讼，导致该公司于2019年被接管。在为大股东提供意见和提出诉讼后，他们最终获得对该公司的控制权，并反对有关使股东大会失效决定的申请，以及有关进行修订以引入时限已过的申索申请。两宗案件均曾上诉，并先后被驳回。
- Zief Inc v Tekchandani Ajai Mohan & Ors [2021] 3 HKC 69：代表原告手机应用程式供应商（其被欺诈电邮欺骗，并将款项传送至香港一名鑽石商的银行账户）。原告成功抵抗鑽石商提出真诚卖方的抗辩，并在审讯中胜诉，以及获弥偿讼费和提高利息。
- Karupayee Ammal (as adminstratrix of the estate of Karupayee Selveraj, deceased) v G Toys Manufacturing Ltd [2020] HKCFI 912：代表原告遗产管理人成功获颁令强制公司转让死者的股份并以她的名义登记，以及更正公司的股东名册。
- Jewrim Ltd & Anor v S&C Ltd & Anor [2020] HKCFI 1983：代表被告成功解除原告基于俄罗斯原告人重大不披露事项的平行诉讼中，所提出的马雷瓦强制令（资产冻结强制令），并获弥偿讼费。
其他精选案例
民事欺诈
梁大状在提出和抗拒欺诈申索（包括跨司法管辖区申索）方面经验丰富，经常获委託取得强制令，以及附属披露令和资产保全令。
- Zief Inc v Tekchandani Ajai Mohan & Ors [2021] 3 HKC 69：代表原告手机应用程式供应商（其被欺诈电邮欺骗，并将款项传送至香港一名鑽石商的银行账户）。原告成功抵抗鑽石商提出的真诚卖方的抗辩，并在审讯中胜诉，以及获弥偿讼费和提高利息。
- Jewrim Ltd & Anor v S&C Ltd & Anor [2020] HKCFI 1983：代表被告成功解除原告基于俄罗斯原告人重大不披露事项的平行诉讼中，所提出的马雷瓦强制令（资产冻结强制令），并获弥偿讼费。
- UNA Trading Fze v Hong Kong Numismatic Promotion Co Ltd & Ors (HCA 1048/2018)：代表位于迪拜的原告公司，向声称是收取价值及不知悉情况的真诚卖方的被告追回因欺诈电邮而在错误情况下所支付的款项。
- Banco del Austro v Regal Prosper Trading Limited & Ors (HCA 477/2015)：代表原告银行就涉及金额超过900万美元的电子银行欺诈中所得款项，取得针对被告的单方面马雷瓦强制令（资产冻结强制令）及诺里奇药商令（在侵犯知识产权案中，下令无过失的第三方披露文件的命令）。
商业纠纷／公司事宜及股东纠纷
梁大状是商业纠纷案件的专家，在处理不同阵营股东方面拥有丰富经验。她经常获委託处理各种临时申请，例如剔除、简易判决、不同类型的执行申请和审讯工作。
- Fruit Design & Build Ltd v Leung Kwok Pong also known as Adam Leung [2021] HKCFI 3391：代表原告成功抵抗解除第三债务人的命令。
- Tsoi Chik Sang Lawrence v Tasty Catering Group Limited & Ors [2019] HKCFI 82及[2019] HKCA 481，以及Tasty Catering Group Limited & Anor v Cheng Hung Kit & Ors [2020] HKCFI 2477及[2021] HKCA 1211：代表新的大股东阻止被逐出该公司的董事局及管理层。该公司（恆香老饼家）是一家传统饼店，凭藉其唐饼产品在全球华人社区建立良好信誉和声誉。自2011年以来，该公司捲入了超过20宗不同股东／持份者之间的法律诉讼，导致该公司于2019年被接管。在为大股东提供意见和提出诉讼后，他们最终获得对该公司的控制权，并反对有关使股东大会失效决定的申请以及有关进行修订以引入时限已过的申索的申请。两宗案件均曾上诉，并先后被驳回。
- Karupayee Ammal (as administratrix of the estate of Karupayee Selveraj, deceased) v G Toys Manufacturing Ltd [2020]] HKCFI 912：
代表原告遗产管理人成功获颁令，强制公司转让死者的股份并以她的名义登记，以及更正公司的股东名册。 - Christian Emil Toggenburger & Ors v Luu Hung Viet Derrick & Ors HCA 815/2009、CACV 218/2012（李焕文大律师为首席大律师）：代表原告向被告提出失实陈述／復还申索，涉及金额超过1亿港元。
- On Sky Enterprise (HK) Ltd v Lanco International Holdings & Ors HCA 529/2010 HCMP 921/2010（何沛谦资深大律师为首席大律师）：
代表被告以诉讼程序中无人作出行动为理由申请撤销诉讼。 - Yuen Kee Ho Gold Jewelry Accessories Co. Ltd & Anor v Qiao Feng Holdings Ltd & Ors (HCA 406/2014)：代表原告就设立业务竞争、员工挖角和招揽客户取得针对董事的强制令；及就相关的清盘和婚姻法律程序提供意见。
- Hummingbird Music Ltd v Dino Acconci & Anor [2007] 4 HKLRD 79 及Hummingbird Music Ltd v Dino Acconci & Anor [2010] 1 HKLRD 587（何沛谦资深大律师为首席大律师）：代表被告艺人抵抗限制他们在合约期限届满前为他人工作能力的强制令，并取得针对其唱片公司／经理人的限制令，以限制他们非法干涉他们与他人的业务。
土地
- Max Win Development (HK) Limited v Lam Ngok Hing & Ors LDCS 37000/2019（何沛谦资深大律师为首席大律师）：代表其中一名答辩人抵抗强制徵用令，并就《土地（为重新发展而强制售卖）条例》（第545章）第3(1)及(2)条的诠释进行争辩。
- Kingdom Miles Limited v Ever Crystal Ltd [2018] HKCA 967 及Kingdom Miles Limited v Ever Crystal Ltd [2017] 2 HKLRD 732（陈景生资深大律师为两案的为首席大律师）：代表原告寻求裁定，在欠缺业权文件下有关要求的答复是否充分，以及妥善的业权是否显示。
- The Grande Properties Management Ltd v Sun Wah Ornament Manufactory Ltd (2006) 9 HKCFAR 462（何沛谦资深大律师为首席大律师）：就多数业主通过之有追溯力决议的有效性问题，代表原告处理楼宇管理事宜。
破产
- Re Gabriel Ricardo Dias-Azedo [2013] 4 HKLRD 549：代表出资债权人以与呈请讼费相同的优先权从破产人的产业中取得款项。
- Re Y Ltd (HCMP 2418/2013)：代表清盘人取得许可，向无力偿债公司的核数师发出保护令状及相关的禁言令。
知识产权
- Hang Heung Cake Shop Co. Ltd v Cheng Hung Kit (HCIP 61/2020)：代表原告麵包店公司对前董事销售伪冒产品侵犯公司知识产权进行申索。
- JK Holdings Ltd v Activator Co Ltd (HCA 1896/2020)：代表得奖电影《怪胎》的台湾电影监製及导演就香港电影监製的版权侵犯及假冒申索进行抗辩。
- Butao Ramen Limited & Ors v Ikuta Satoshi & Anor (HCA 1064/2013)：代表原告起诉董事，控告其利用原告的商誉、商标及品牌建立竞争业务。
税务
- Ngai Lik Electronics Co Ltd v The Commissioner of Inland Revenue (2009) 12 HKCFAR 296（何沛谦资深大律师为首席大律师）：代表税务局处理涉及避税计划的申索。
保险
向永明保险及中国太平保险提供意见，服务包括审阅其合约条款以及就其与监管机构的合规问题提供意见，涵盖一系列保险产品。
遗嘱认证／精神无行为能力
梁大状经常获委託就遗嘱认证及／或精神上无行为能力问题之相关事宜提供意见，以及申请各种命令，包括管理精神上无行为能力人士的财产及事务、诉讼待决期间遗产管理人、为收存财产而作出授予等。
显示更多案例
教育
- 商业及法律双学位学士（澳洲新南威尔士大学）
吕琬琳 (女士)
大律师
认许年份：2007
Since joining the Bar, Verna has had a broad civil practice, mainly in the traditional Chancery areas of the law. Verna regularly advises and acts for clients in conveyancing matters and disputes, including building management issues; compulsory sale applications under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap.545; professional negligence claims; maintenance applications under the Inheritance (Provision for Family and Dependants) Ordinance, Cap.481; matters relating to wills and probate, and applications under the Mental Health Ordinance, Cap.136. Verna has also represented clients in general commercial, labour and family disputes.
Verna has been listed as one of the Leading Juniors in commercial disputes in the Legal 500.
As a CEDR accredited mediator, Verna has also regularly acted as such.
DIRECTORY RANKINGS
- Ranked as one of the leading juniors in Commercial Disputes (Legal 500 2022)
EDUCATION
- LLB, University College London (2005)
- PCLL, University of Hong Kong (2006)
APPOINTMENTS AND MEMBERSHIPS
- CEDR Accredited Mediator (2009)
- Tutor for the University of Hong Kong PCLL Civil Advocacy Course (2012-2019)
王漓
大律师
CEDR 认可调解员
认许年份：2007 | PRC：2009
王漓大律师是香港回归后首批在香港赛马会奖学金计划支持下，由内地高校赴港攻读学位的顶尖学子之一。
以普通话为母语，并同时拥有中港两地的法律教育背景及法律职业资格，王大律师在跨境争议解决方面具有得天独厚的知识和技能，也在实务中积累了处理跨境诉讼和仲裁案件的丰富经验，例如：合同纠纷、公司股东纠纷、公司事务纠纷、证券法纠纷及家庭纠纷等。
王大律师熟知两地的司法及商业实践，因而能够快速全面地了解大陆客户所需，提出切实可行的解决方案，并能有效的将大陆客户的诉求和相关事实背景呈现给香港法庭及仲裁庭，代表大陆客户开展有策略性的香港法律程序。同时，他亦能用简明易懂的方式向大陆客户、大陆法院或仲裁庭介绍和阐释香港法。因此，王大律师经常作为香港法专家给大陆法院及仲裁庭提供专家报告，亦多次受邀为大陆的法律界人士，包括法官，律师，学生等提供香港法有关的培训，讲解普通法。
王大律师的专业知识和技能获得香港法庭，政府机关等的高度认可，有幸受邀作为法庭之友协助香港法庭处理案件；亦经常获邀代表香港政府，香港证监会，香港雇员补偿援助基金管理局等官方或半官方机构为其提供各项法律意见及法律服务。
此外，王大律师在信托、保险、土地、遗嘱等其他争议解决方面均有涉猎。
《法律500强亚太区榜单》（The Legal 500）评价王大律师为“急客户所急，想客户所想，能提供完善的策略性建议” (2022)，“慎思，熟虑，全面，透彻” (2023)
近期案例精选
近期亮点包括
- 代表一家美国上市公司的创始人，与中国知名券商就股转债，股份回购等协议条款的执行问题参与于香港国际仲裁中心进行的仲裁程序。争议内容包括多合同进行单一仲裁的可行性，以及合同本身的可执行性等。
- Re: Man Wah Tong, a Religious Tong, HCA 595/2019, HCMP 496/2017 代表相关人士成功揭露有上百年历史的古刹竹林禅院的管理层过去十数年的一系列违法违规作为，引入律政司的介入，获取更佳管理命令以更换整个管理层。过程涉及对律政司慈善保护人的地位和责任，华人庙宇的管治，慈善堂章程的效力，成员及管理层的权利及义务等议题。
- Employees Compensation Assistance Fund Board v. Fong Chak Kwan FACV 5/2022 – 就《高等法院条例》（第4A章）第11号命令第1(1)(f)条下，对于香港法庭的域外司法管辖权范围的定义的最新权威性案例。
其他精选案例
商业及公司纠纷
- Daimler AG v Herbert Heinz Horst Leiduck and Anor, HCA 4089/1994, CACV 172/2011：一起基于国际货物买卖合同而产生的涉及众多法律辖区的商业争议。该案的焦点法律问题包括：资产冻结令（Mareva Injunction）、欺诈、法律特权、书面质询、事先令制裁（sanctions of pre-emptive order），证人资格等。
- Gao Haiyan and Another v Ma Maogen HCA 466/2012 (相关案件：HCA 1315/2012, HCCT 41/2010, HCA 1987/2005, CACV 6/2019, FAMV 163/2020, BVIHC(COM) 2023/0068等) ：一系列为争夺价值数十亿的山西某处煤矿控制权和所有权而产生的股东争议。该案涉及仲裁裁决的执行、合同解释、借贷合同及相关担保的效力，中国税法、欺诈及不实陈述，禁诉令，清盘令等一系列相互交织的法律问题以及中，港，维京群岛等多地的诉讼，仲裁，判决，裁决等的效力以及执行问题。
- 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号, 5号) 标的为3亿美金著名餐饮品牌俏江南的股东争议。涉及中国大陆法，香港法， 新加坡法，美国法等，相关法律诉讼及仲裁程序遍及内地，香港，新加坡，美国等地。
- Yingde Gases Investment Ltd v Shihlien China Holdings Co Ltd HCA 2059/2012：一起跨境合资企业合伙人之间关于工厂建设的商业纠纷。该案涉及中国大陆法、香港法和台湾法；焦点问题包括：法律管辖、仲裁条款以及合同解释等。
国际仲裁
- 代表一家中国背景的投资基金参与就世界驰名的米其林星级连锁餐厅的商标，商誉，商业秘密以及经营权的争夺。相关争端涉及中国大陆，香港，法国等多地多机构(香港国际仲裁中心，上海国际仲裁中心，中国国际经济贸易仲裁委员会等)的诉讼和仲裁。
- 代表一家外资房地产开放商，参与于中国国际经济贸易仲裁委员会的仲裁程序，该案涉及大陆房地产项目的买卖合同纠纷，争议内容包括建筑承包协议的解释，执行以及建筑费用的计算等。
- 代表一家中国背景的投资基金，参与于香港国际仲裁中心进行的仲裁程序，并针对该案的多位分属不同国家的被告方在多地获得仲裁财产保全命令。该案主要涉及互联网科技企业股份买卖合同以及股东协议下的纠纷。
- 代表一家国企，参与于香港国际仲裁中心进行的仲裁程序，该案主要涉及机械买卖合同的履行。
- 代表一家台湾上市企业，参与于香港国际仲裁中心进行的仲裁程序以及执行程序，该案件主要涉及电子领域的贸易合同履行的纠纷。
- 代表一家国有能源企业，参与一系列于新加坡国际仲裁中心进行的仲裁程序，内容涉上百合同及数十亿美金的大额能源商品贸易的争端。
土地及信托纠纷
- Lawin (HK) Ltd v Ng Yau Fong Yvonne and Ors [2022] 2 HKCFI 410 – 代表一众买家在一系列由于发展商内讧产生的历时十数年的诉讼争议中摒除发展商各方的干扰，维护买家的利益。期间涉及各项复杂的法律和事实议题包括屋宇建设，建筑费用的计算和抵消，合伙，联营企业，代理人授权，房屋买卖的特殊规定和实操，授信责任，土地买卖的有效性等。
- Wong Kam Tong v The Incorporated Owners of Yuen Long Tin Shing Court, [2012] 2 HKLRD 1128：一起香港民事司法制度改革后关于法庭诉讼费用的代表性案件。
- New Champion (HK) Ltd v Treble & Triple Ltd, HCA 2691/2008：一起物业交易纠纷，主要涉及买卖合同中“例外条款”的解释。
保险及人身伤害纠纷
- Lo Siu Wa v Employees Compensation Assistance Fund Board and Anor FACV 12/2017 [2018] CFA 3：一起保险单解释的指导性案件，主要涉及领域为雇员补偿及人身伤害。
- So Yuk Kam v Liu, Chan & Lam (a firm) and Another CACV 105/2014：一起人身伤害案件，主要涉及事务律师事务所专业疏忽，以及对《雇员补偿援助条例》（第365章）中雇员补偿援助基金管理局职责和义务的理解。
家事纠纷
- W v C [2013] 2 HKLRD 602：作为法庭之友（由法官指定，协助法庭解决特定问题的法律专家）在一个离婚程序中协助法庭解决居籍问题、离婚申请的法律管辖权问题以及不便管辖原则的适用问题。
- Y v W, FCMC 1847/2011：一个在婚姻纠纷中提起管辖权反对的案件，该案是自《居籍条例》（第596章）在香港生效以来的第一次法庭分析及适用，此案亦涉及中国大陆法法律意见。
其他
- Secretary for Justice v Chan Thao Phoumy and Another, HCMP 1895/2007：代表香港律政司司长，在香港申请对广州中级人民政府做出的没收令的执行，该申请在两地具有里程碑式的意义。
评级机构点评
- “王大律师急客户所急，想客户所想，并提供完善的策略性建议。他能在全面掌握案情的基础上作出的简明扼要、一针见血的法律陈词”《法律500强亚太区榜单》（The Legal 500 2022）
- “王大律师的诉讼准备慎思，熟虑，全面，透彻” (2023)
显示更多案例
职务与专业资格
其他专业任职
- 英国特许仲裁师公会成员
- 深圳国际仲裁院仲裁员
- 厦门仲裁委员会仲裁员
- 香港大学法学院兼职讲师
- 北京大学法学院兼职讲师
专业资质
- 于2007年取得香港大律师资质
- 于2009年取得中国大陆法律职业资格
学术背景
- 清华大学，法律学士（后转学至香港大学）
- 香港大学，法律学士
- 香港大学，法学专业证书
陈志刚
大律师
认许年份：2007
Isaac’s practice focuses on commercial and financial disputes, financial regulatory proceedings, banking disputes, trust and property disputes. He is often instructed for cases with complex elements involving a multi-disciplinary angle.
In addition to his advocacy work in the courts, Isaac regularly acts both for and against regulators in professional disciplinary and regulatory proceedings, including those in specialist tribunals such as the Market Misconduct Tribunal and the Competition Tribunal. Isaac also advises regularly on matters in relation to inquiries by the Listing Division or proceedings before the Listing Committee and the Listing Review Committee of the Hong Kong Stock Exchange.
Besides his civil practice, Isaac is also experienced in white-collar criminal defence work, having been involved in the high-profile trials of the former Chief Secretary of Hong Kong for corruption and of the former chairman of the Hong Kong General Chambers of Commerce for conspiracy to defraud.
Prior to joining the Bar, Isaac obtained his LLB (Government & Laws) and PCLL from the University of Hong Kong, and his LLM from the London School of Economics. He further obtained a Postgraduate Diploma in EU Competition Law from King’s College London.
Isaac was a recipient of the Bar Scholarship and the Charles Ching Memorial Scholarship.
近期案例精选
- Winland Finance Ltd v Gain Hero Finance Ltd [2022] HKCFA 3; [2021] 2 HKLRD 72, [2021] HKCA 576; [2019] 2 HKLRD 50, [2019] HKCFI 771: Appeared in the Court of Final Appeal and the courts below in a case concerning priority between a charging order and an equitable assignment of sale proceeds
- Competition Commission v Kam Kwong Engineering Co Ltd & Ors [2020] 4 HKLRD 61, [2020] HKCT 3: Appeared for the Competition Commission in its first ever enforcement proceedings seeking pecuniary penalties against individuals
- China Forestry Holdings Co Ltd (in official liquidation) v Top Wisdom Overseas Holdings Limited & Anor [2020] 2 HKLRD 387, [2020] HKCFI 526; [2021] HKCFI 2761: Acted for a former chief executive office of a listed company in a proprietary claim brought by the liquidator over, inter alia, the profits of alleged insider dealing
其他精选案例
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
显示更多案例
Appointments, Memberships and Prizes
Appointments
- Chairman, Young Barristers’ Committee, Hong Kong Bar Association (2012)
- Member, Bar Council (2012, 2021, 2022)
- Member, Standing Committee on International Practice, Hong Kong Bar Association (since 2012)
- Part-time Lecturer in Civil Advocacy, PCLL, University of Hong Kong (since 2011)
- Member, Panel of External Counsel, the Competition Commission (since 2016)
EDUCATION:
- BSocSc (Govt’ & Laws), University of Hong Kong (2003)
- LL.B., University of Hong Kong (2004)
- PCLL, University of Hong Kong (2005)
- LL.M., London School of Economics & Political Science (2006)
- Postgraduate Diploma in EU Competition Law, King’s College London (2017)
Scholarships
- Hong Kong Bar Scholarship (Hong Kong Bar Association) (2006)
- Charles Ching Memorial Scholarship (Hong Kong Bar Association) (2006)
Other qualifications
- CEDR Accredited Mediator (2010)
黄俊杰
大律师
认许年份：2011
Adrian joined the Bar in 2011 upon completion of his pupillage with Mr. Edwin Choy S.C., HH Judge Andrew SY Li, Mr. Kumar Ramanathan S.C., Mr. Andrew Mak, Mr. Ambrose Ho S.C. and Mr. Paul Shieh S.C.. He has been with chambers since its founding in 2022.
Adrian has a broad civil practice which covers the full range of commercial, banking, companies, trust and probate, land, personal injury and employment disputes, with extensive experience in the insolvency area. He has appeared at most levels of courts as well as arbitrations, conducting trials and appeals both in his own right and as a led junior. He also provides advisory work on the above matters, both locally and for matters in mainland PRC.
Adrian also takes a keen interest in teaching and promoting the rule of law and advocacy. He has been teaching as course lecturer at the Peking University Faculty of Law “Common Law-Public Law Course”. He has also been a Part-time Lecturer in Civil Advocacy, PCLL as well as a moot coach in multiple international moots at the University of Hong Kong.
近期案例精选
- China CITIC Bank Corporation Ltd. & Ors, Tianjin Branch v Silver Starlight Ltd– HCCW 295/2021: Acting for the Respondent in a winding-up petition allegedly based on loans of HK$8 billion secured by charges over shares and mortgage over pieces of land in Tianjin
- The Official Receiver v Samuel Ajmal Victor– [2021] HKCFI 2441: Acting for the Respondent in a 3-days trial in the ORO’s application for disqualification of director under Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) s. 168D/168H based on a “start-up” company’s alleged failure to ensure due payment of wages of employees. The Respondent was cleared of all allegations.
- Asian Creative Capital Ltd. v Li Qing- HCA 1735/2019: Acting for the Defendant in the dismissal of an O. 14 application concerning alleged loans of US$47M based on case of waiver, collateral agreement and estoppel
- Up Profit Ltd. v Wat Fung Ying v Chu Kong (3rd Party)– HCA 197/2017: Acting for the Defendant director in a derivative action alleging breach of fiduciary duties, successful third-party application for indemnity against 3rd party who instigated the same derivative action
- Xing Fa (Hong Kong ) Imp. & Exp.v Sunsan International Co. Ltd– [2019] HKCFI 271: Acting for the Plaintiff in a successful mareva injunction application involving US$6.6M in a letter of credit fraud case against a suspected accomplice
- Bio Chem Technology (HK) Ltd. v Rich Leaf International (HK) Ltd- HCA 476/2017: Acting for the Defendant in a dismissal of an O.14 application and applying for stay of proceedings under s. 20 of the Arbitration Ordinance for US$3.8M claim and US$5M cross-claim regarding cross-border sale of feed additive from PRC via HK to Pakistan
- Multiple bankruptcy/winding-up related matters, including:
- Resisting of bankruptcy petitions based on abuse of process/damage to surety
- Multiple successful sale of co-owned properties and equitable accounting actions based on Partition Ordinance (Cap. 352) acting for bankruptcy trustees
- Multiple successful bankruptcy petitions based on loans, guarantees and/or mortgages acting for banks
- Advice and resisting of derivative action/ unfair prejudice claim against directors for alleged misuse of company properties
- Multiple banking related matters, including:
- Setting aside of judgment and writ of fi fa against bank based on alleged overcharging of interest
- Application for O.88 mortgage enforcement against defendant alleging clog of equity of redemption
- Advice and action on credit card debts against defendant alleging unauthorized use of card via Apple Pay payment services
- Resisting of O. 14 application against bank for alleged receipt of deposit as agent for sale of real properties in Mainland PRC
- Advice and action on business loans against defendant alleging wrongful freezing of accounts
其他精选案例
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
显示更多案例
EDUCATION
- LLB (University of Hong Kong)
- LLM (Soton)
- PCLL (University of Hong Kong)
- Postgraduate Diploma in EU Competition Law (King’s College London)
SCHOLARSHIPS AND AWARDS
- British Council 60th Anniversary Scholarship (2009-2010)
APPOINTMENTS AND MEMBERSHIPS
- Standing Committee on Greater China Affairs, Hong Kong Bar Association (since 2011)
- Standing Committee on Civic Education, Hong Kong Bar Association (since 2011)
- Standing Committee on Young Barristers, Hong Kong Bar Association (2011-2018)
- Standing Committee on China Practice Development, Hong Kong Bar Association (2017-2019)
- Visiting Lecturer at Peking University Faculty of Law, “Common Law-Public Law Course”, hosted jointly by Peking University and the Hong Kong Bar Association (since 2017)
- Part-time Lecturer in Civil Advocacy, PCLL, University of Hong Kong (since 2016)
- CEDR Accredited Mediator
PUBLICATIONS
- 收回土地條例>>補償 ─ 土地發展潛力的非黑即白 article regarding Lands Resumption Ordinance (Cap. 124) and the test for assessing development potential of land.
- Article:“Hong Kong court upheld arbitration clause and rejected attempts to argue limited scope and waiver (Bio-Chem Technology (HK) Ltd v Rich Leaf International (HK) Ltd)”
Seminars
- “Hong Kong Legal Topics Seminar (Dongguan)” hosted by the Guangdong Lawyers Association and Dongguan Lawyers Association, Topic, “Mainland China and Hong Kong cross-border recognition and enforcement of civil judgments and arbitration awards” (2018)
LANGUAGES
- English (fluent)
- Chinese (Cantonese-native, Putonghua-fluent, traditional and simplified)
黄承德
大律师
认许年份：2012
Alexsander commenced full practice at the Bar in 2013 after successfully completing his pupillage with Mr. Horace Wong S.C., Mr. Daniel Marash S.C., Mr. Law Man Chung (now Law Man Chung S.C.), Mr. Nelson Miu and Mr. Damian Wong. He has developed a broad civil and commercial practice, which includes contractual disputes, trust and property litigation, cross-border commercial disputes, company and insolvency matters as well as shareholders’ disputes, personal injuries and medical negligence litigation. He has also acted in matters in relation to disciplinary proceedings of the Medical Council of Hong Kong.
Prior to joining the Bar, Alexsander practiced as a medical practitioner after having completed his Bachelor of Medicine and Bachelor of Surgery degrees in 2004. He subsequently obtained his Juris Doctor degree at the Chinese University of Hong Kong and a further Master of Laws degree at the University of Cambridge.
Alexsander regularly appears as an advocate in Court either in his own right or as a led junior. He also appears and acts in arbitration.
近期案例精选
- Technic Star Universal Limited v Tiny Love and Technic Star Universal Limited v Dorel Juvenile Group, Inc. (consolidated) [2021] HKCFI 2284 – Acted for the Plaintiff in a 8 days trial to recover non-payment by the buyer in a sale of goods action, and successfully resisted counterclaims by the buyers
- China Europe International Business School v Chengwei Evergreen Capital LP & Ors [2021] HKCFI 3513 – Acted for the Petitioner in relation to an application to refer a dispute arising in a just and equitable winding up petition to arbitration (led by Rimsky Yuen S.C.)
其他精选案例
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
显示更多案例
EDUCATION
- Juris Doctor, The Chinese University of Hong Kong
- Master of Law, University of Cambridge
- PCLL, The Chinese University of Hong Kong (Distinction)
- Bachelor of Medicine, The Chinese University of Hong Kong
- Bachelor of Surgery, The Chinese University of Hong Kong
胡倬文
大律师
认许年份：2014
Nicholas commenced practice in 2014 following the completion of his pupillage and extended pupillage with a number of established civil practitioners, including Mr. Horace Wong S.C., Mr. Andrew Mak, Mr. Thomas Lee and Mr. Tony Ko. He has a broad and predominantly civil practice, and has extensive experience advising on insolvency matters, commercial disputes, employment law, land matters (including landlord and tenant disputes, New Territories land disputes, property management disputes etc.) and arbitrations.
Nicholas has substantive trial and appellate experience both as sole advocate and as a led junior, appearing before the Court of Appeal, the Court of First Instance, the District Court, the Lands Tribunal and various magistracies for trials, interlocutory applications and appeals. Nicholas has also been involved in advisory and drafting work for arbitrations, appeared as arbitration counsel and has been appointed as tribunal secretary and arbitration clerks. He has also been appointed as a mediator on a number of disputes since having been accredited by CEDR in 2013.
He is currently a tutor and an external assessor for the PCLL Civil Advocacy course at the University of Hong Kong. He is a contributor of Emden’s Construction Law of Hong Kong (together with Mr. Thomas Lee) and has delivered a number of CPD talks on interlocutory injunctions (together with Mr. Thomas Lee and Mr. Avery Chan), New Territories land matters (together with Mr. David Tang), probate and administration matters (together with Mr. Ken To) and on bankruptcy law (in collaboration with Messrs. Lee & Chow).
Nicholas also accepts instructions from Legal Aid.
近期案例精选
- Re Li Xiaoming [2022] HKCA 142, [2021] HKCA 779, [2020] HKCA 465, [2019] HKCFI 2782 – Successfully obtained a bankruptcy order (maintained on appeal) against a debtor notwithstanding allegations of duress, non est factum and a recusal application. Led by Douglas Lam S.C. (at the substantive appeal) and appeared as sole advocate (for interlocutory matters before the Court of Appeal and at first instance).
- Re SNG Allan [2021] HKCA 1847, [2018] HKCFI 2016 – Successfully resisted an appeal against a bankruptcy order obtained summarily. The key issue in dispute was whether a petitioning creditor could value a security at nil for the purposes of a statutory demand. Led by Christopher Chain (on appeal) and appeared as sole advocate (at first instance).
- Lam Siu Wai v Equal Opportunities Commission [2021] 5 HKLRD 30 – Acted for a former Chief Equal Opportunities Officer of the Equal Opportunities Commission in a High Court appeal from the Labour Tribunal, involving issues including the right to termination without cause, the duty to exercise such a right in good faith and the implied duty of trust and confidence between employers and employees. Led by Thomas Lee.
- Re Shum Tung Lam [2020] 4 HKLRD 749 – Acted on behalf of an undischarged bankrupt in successfully opposing a creditor’s application to object to the automatic discharge of the bankrupt, involving issues of jurisdiction, extension of time and other irregularities. Led by Jin Pao S.C..
其他精选案例
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.
显示更多案例
APPOINTMENTS AND MEMBERSHIPS
- Member of the Chartered Institute of Arbitrators
- Associate of the Hong Kong Institute of Arbitrators
- Accredited CEDR Mediator
- Part-time tutor and external assessor, University of Hong Kong
PUBLICATIONS
- Contributor of Emden’s Construction Law of Hong Kong (with Mr. Thomas Lee)
EDUCATION
- LLB (LSE)
- PCLL (HKU)
冯耀纬
大律师
认许年份：2015
Roger is an experienced junior with a broad commercial practice. He practices across all areas of commercial law, including banking and finance, corporate insolvency, securities, civil fraud, bankruptcy and general commercial litigation. His expertise also extends to land, trusts and contentious probate matters.
Roger is a Fellow of the Chartered Institute of Arbitrators, and maintains a busy arbitration practice. He is frequently instructed both as a junior in high-stakes litigation and arbitrations, and as sole counsel in the High Court and the District Court.
Before joining the Bar, Roger qualified as a Solicitor in 2013 following his training at an international law firm. He has been recognized as a rising star in Commercial Disputes in the Legal 500 Asia-Pacific guide for the Hong Kong Bar.
近期案例精选
- Guangzhou Finance Company Limited v Chung Kin Holdings Company Limited and Others [2023] HKCFI 2398: Acting for the plaintiff in its claim for certain debts totaling HK$701,481,712.36 which were outstanding since at least 1998. The main dispute was whether the claim was time-barred. The Court considered the principles on establishing an acknowledgment or part payment and held that the claim against the debtor was not time-barred.
- Tsai Lee Ting and Anor v Best Leader Precious Metals Ltd and Ors [2023] HKCFI 2124: Acting for the plaintiffs in a representative action for over 1,300 investors who invested into an alleged fraudulent or Ponzi scheme. The Court considered, in the context of an application to discharge a Mareva injunction against certain defendants in the amount of US$212 million, whether it is arguable that the representative action was properly brought notwithstanding allegations of conflicts between the investors and the need for individualised assessment of damages (with Norman Nip SC and Johnathan H.Y. Tsang).
- Delco Participation BV v HWH Holdings Limited: Acting for the defendant in the multi-million-dollar claims arising out of the foreign party’s exit from a Sino-foreign joint venture successfully listed in 2010 (with William Wong SC and Norman Nip SC). The dispute has generated numerous interlocutory decisions in the CFI and CA since 2016. The case is now pending judgment.
- Advising a group of civil servants on their rights under a proposed redevelopment of buildings under the Civil Servants’ Co-operative Building Society Scheme.
其他精选案例
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 Chiu Duncan and Another [2021] HKCFI 302: Acting for the Commission in the petition for disqualification orders under s.214 of the Securities and Futures Ordinance arising out of the respondents’ mishandling of corporate funds and misleading disclosures to the corporation’s shareholders (with Horace Wong SC).
- 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 SC). Trial fixed for February 2024.
- 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
- Chow Tai Fook Nominee Limited v Diamond City Limited and Others [2021] HKCFI 3019: Acting for the lender in the summary judgment and striking-out applications for the repayment of loans of over US$68 million (with Ambrose Ho SC), and in opposing the borrower’s application for leave to adduce new evidence on appeal (see [2022] HKCA 1060).
- High Fashion New Media Corporation Limited v Leong Ma Li [2022] HKCFI 2234: Acting for the defendant in committal proceedings against her for breach of an injunction restricting her dealing with joint venture assets.
- Alpha Financial Press Limited v AMTD Group Company Limited and Anor [2022] HKCFI 1084: Acting for the plaintiff in resisting an appeal from a Master’s decision granting summary judgment. The plaintiff’s claim was for an agreed sum for acting as the financial printer in an intended listing application which was rejected by the Hong Kong Stock Exchange.
- 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
- Li Man Wai v Ngan Suet Fong Bonnie [2021] HKCFI 931: Acting for the successful defendant in resisting a claim to set aside the transfer of a property registered in the joint names of the defendant and her husband, who was subsequently adjudged bankrupt, on the basis that it was held on a common intention constructive trust for the defendant solely (with Michael Yin).
- Hong Kong Science and Technology Parks Corporation v Vantage Technology Limited LDPE 1205/2021: Acting for the applicant in proceedings for the recovery of possession of a factory (together with outstanding land premium and mesne profits) by reason of the tenant’s breach of a covenant in ceasing to use the premises for manufacturing purposes. Ex tempore judgment delivered on 27 May 2022.
- 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.).
显示更多案例
EDUCATION
- BCL, University of Oxford (2014)
- PCLL (Distinction), Chinese University of Hong Kong (2011)
- LLB (First Class), Chinese University of Hong Kong (2010)
SCHOLARSHIPS AND PRIZES
- Sir Edward Youde Memorial Fellowship for Overseas Studies (2013)
- HKSAR Government Scholarship (2011)
- Dean’s List (2008, 2009, 2010)
- Jessup International Law Moot Court Hong Kong Rounds Champion and Best Oralist (2010)
- Hardy C. Dillard Award for 1st Place Best Memorials (2010)
- Kunkle and Pommerenke Grand Scholarship (2010)
- Chung Chi College Class Scholarship (Honorary) (2010)
- Baker & McKenzie Scholarship (2009)
APPOINTMENTS AND MEMBERSHIPS
- Fellow, Chartered Institute of Arbitrators
- Member, Bar Council, Hong Kong Bar Association (2023)
- Member, Committee on Financial and Securities Law, Hong Kong Bar Association (since 2019)
- Part-time Judicial Associate, Court of Appeal (since 2021)
LANGUAGES
- English
- Cantonese
- Putonghua (Mandarin)
DIRECTORY RANKING / QUOTES
- Ranked as a Rising Star in Commercial Disputes in The Legal 500 Guide to the Hong Kong Bar
- “Roger is eloquent, logical and commercially savvy. He has a sharp mind and a great ability to think on his feet.” The Legal 500 Asia Pacific (2023)
- “Roger has very solid legal knowledge, and provides advice that is both practical and commercial. He is practicing at a level way beyond his level of seniority.” The Legal 500 Asia Pacific (2022)
- “A rising-star – hardworking, highly-responsive… and strategic” The Legal 500 Asia Pacific (2021)
Roger’s LinkedIn page can be found here.
束文浩
大律师
认许年份：2016
Brian Chok has a broad civil practice with strong emphasis on corporate, commercial, land, building management and construction disputes. In the commercial and corporate field, Brian has diverse experiences in handling contractual, and investment scheme disputes, as well as shareholders’ disputes involving breaches of directors’ duties and insolvency matters for individuals and corporate clients ranging from local family business to listed companies and conglomerate with strong ties and business portfolio in Mainland China and overseas.
He has also frequently advised owners, Incorporated Owners, management companies and tenants on land matters such as tenancy and property ownership disputes including New Territories land, water seepage claims and procedural requirements and liabilities under the DMC and BMO.
As regards his construction practice, Brian has represented employers, main contractors and sub-contractors in disputes concerning prolongation costs, late payments, sub-standard works as well as personal injuries sustained at construction sites. In light of his commitment to his construction practice, Brian has been pursuing a part-time degree in surveying specialised in quantity surveying since 2022.
近期案例精选
Construction
- Mega Express Engineering Limited v Shing Fung Machineries Leasing Co. Ltd, Pui Hing Network Construction (HK) Co., Limited and others (HCA 1903/2015) – representing the main contractors in resisting sub-contractors claims for outstanding payments in 11 projects
- 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 gondola 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
- Hang Heung Hop Kee Investment Company Limited v Tsim Yiu Leung and others (HCA 967/2014) – representing one of the defendants in resisting the plaintiff’s claim for transfer of shares of the company which ran the chain local cake business “Hang Heung Cake Shop”
- 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.
- 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 [2023] HKCFI 260 – 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$23million.
- 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.
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
- Yip Wang Lai Wynner trading as Dreamcar Motors Service Centre v Hong Kong Glass Reborn Limited (HCA 142/2023) – representing the Plaintiff in claiming outstanding deposit and rent under the lease and alternatively the doctrine of tenancy by estoppel
- Hang Heung Hop Kee Investment Company Limited v Maycarol Company Limited and another (HCA 1664/2011) – representing the 2nd Defendant in their successful application to strike out for want of prosecution the Plaintiff’s claim for recovery of land on the ground of clog on redemption
- Yeung Tin Leung and another v Yeung Kin Hang and others (HCA 1495/2022) – representing the Plaintiffs for half share of beneficial interest in the property on common intention constructive trust and half share of beneifical interest in the assets
- 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.
APPOINTMENTS
- Member, Hong Kong Bar Association Standing Committee on Mainland Affairs (since 2022)
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)
- BSc in Quantity Surveying (Polytechnic University of Hong Kong) (in progress)
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)
刘家健
大律师
认许年份：2016
刘家健大律师“经验丰富，是一位十分明智的诉讼律师。他非常精于战略，而且分析能力极强。”（《法律500强》）
刘大律师的执业领域涵盖商法和民法，他经常获聘办理复杂且重大的纠纷。
刘大律师具丰富的股市、私募、创投及债务经验。他不时在审讯和上诉代表监管机构、金融机构、上市公司及其股东和董事、其他超高净值人士出庭。
除了以大律师身分代理仲裁和相关法院程序，刘大律师亦获委聘为仲裁员。
在成为大律师之前，刘大律师曾在一家知名的律师事务所担任事务律师，专门从事商业诉讼和仲裁。他获《法律500 强》评为“乐于助人且知识渊博的律师”。
近期案例精选
- Securities: Acting for the Securities and Futures Commission in ramp and dump cases. Complex issues arising out of interpretation of the Securities and Futures Ordinance, in particular scope of SFC’s powers.
- Banking: Acting for one of the largest PRC banks in its claims against state-owned enterprise for hundreds of millions of dollars. Successful urgent application for worldwide Mareva injunction and continuation of injunction.
- Civil fraud: Defending an individual in the biggest alleged London gold fraud. The amount at stake is hundreds of millions of dollars. Hotly contested applications for striking out and appeals.
- Professionals: Acting for former partners of major law firm in high-profile partnership dispute involving fraud and breaches of professional conduct.
- Land: Defending leading property developers in high value adverse possession claims in the New Territories.
其他精选案例
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
- King Victory Investment Limited v Chan Hon Wing [2023] HKCFI 2292: Summary judgment, promissory estoppel, Money Lenders Ordinance (led by Victor Dawes, S.C.)
- OCI Capital Limited v Lanhai International Trading Limited [2023] HKCFI 1804: Late amendment of pleading, agency, actual authority, apparent authority, video conferencing facilities
- 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 Luk Fai Holdings Company Limited [2023] HKCFI 2268: Unfair prejudice, valuation of shares
- 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
- Real Estate and Finance Fund (In Liquidation) v Sun Cheuk Pak Alan [2023] HKCFI 1580: Conspiracy, security for costs, litigation funding (Led by Victor Dawes, S.C., with Jonathan Fung)
- 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
- Appointed as co-arbitrator: 2018 HKIAC Administered Arbitration Rules, US$10 million claim
- Appointed as co-arbitrator: 2018 HKIAC Administered Arbitration Rules, US$10 million claim
- 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
- Lam Ying Kuen v Lam Chor Kuen [2023] HKCFI 1747: Common intention constructive trust, resulting trust, evidence of subsequent conduct
- 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
- The Practice Review Committee of the Hong Kong Institute of Certified Public Accountants v Ng Kay Lam [2023] HKCA 645: relevance of suggested sanctions in the guideline to disciplinary committee issued by regulatory body, delay in handing down decision
- 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
显示更多案例
其他专业资格
- 香港事务律师（2009-2015）
法律评级机构引文
- “刘家健经验丰富，是一位十分明智的诉讼律师。他非常精于战略，而且分析能力极强。”（法律500强）
- “……乐于助人且知识渊博的律师刘家健代表百营环球资源成功反对清盘呈请。”（法律500强）
法律评级机构排名
- 法律500强：商业纠纷；重组及破产
任命及会员资格
- 香港海事仲裁协会（2022-）
- 国际信托及资产规划学会（2021-）
- 香港大律师公会仲裁专业委员会（2019-）
- Chartered Institute of Arbitrators（2018-）
- 香港大律师公会专业发展委员会（2017）
奖项
- Sweet & Maxwell Prize (2006)
- University of London Awards for Academic Achievement (2005)
领英
石正劻
大律师
认许年份：2016
Justin is developing a broad practice spanning all of Chambers’ main practice areas, with particular interests in company, insolvency and commercial disputes, property matters encompassing land, building, building management, town planning and landlord and tenant disputes, trusts, charities, and civil fraud.
Justin regularly appears across all levels of the High Court, including as sole counsel in the Court of Appeal. He has also appeared as led junior in the Court of Final Appeal on a number of occasions. He appears frequently in the Lands Tribunal and has conducted appeals in his own right in the Buildings Appeal Tribunal and the Town Planning Appeal Board. His practice also involves a wide range of advisory work.
Ranked as a “Rising Star” in the area of Commercial Disputes by The Legal 500, Justin has been described as an “eloquent and effective” barrister with “precise and persuasive delivery” who, “backed with thorough research”, is “always able to present a case at its best”.
近期案例精选
Highlights of Justin’s recent or current work include:
- Ng Yuk Pui Kelly v Ng Lai Ling Winnie (as the executor of the estate of Dung Wai Man, Deceased) and ors [2021] HKCFA 40 (reported in (2021) 24 HKCFAR 401). Instructed as junior counsel for the plaintiff in the Court of Final Appeal, in an important case which examines the scope and application of the doctrine of contractual estoppel (with Anthony Ismail). Also instructed as junior counsel in the substantive appeal in the Court of Appeal [2021] HKCA 724 (reported in [2021] 5 HKC 1); sole counsel in the Court of Appeal resisting the application for stay pending appeal and for leave to amend the appeal notice [2021] HKCA 134 (reported in [2021] 1 HKLRD 1037); and junior counsel in the 21-day trial in the Court of First Insance [2019] HKCFI 210.
- Lam Kin Chung v Soka Gakkai International of Hong Kong Ltd [2022] HKCA 480 (reported in [2022] 4 HKC 202). Instructed as junior counsel for the company in the Court of Appeal, in the first appellate case to determine whether a member of a charitable company has standing to bring a derivative action under ss 732-734 of the Companies Ordinance (Cap. 622) in respect of wrongs done to it, and the first to hold that a member of a charitable company in Hong Kong must exercise his voting rights consistently with his fiduciary duty owed to the charitable objects of the company, following the UK Supreme Court’s decision of Lehtimaki and others v Cooper [2020] UKSC 33 (commonly known as “the Children’s Investment Foundation Fund (UK) (“CIFF”) case”) (led by Ambrose Ho S.C. and Michael Yin). Also instructed as junior counsel in the Court of First Instance [2018] HKCFI 747 (reported in [2018] 2 HKLRD 769 and [2018] 4 HKC 489).
- Fook Lee Holdings Limited v The Secretary for Transport and Housing [2022] HKCA 1855 (reported in [2023] 1 HKLRD 845). Instructed as junior counsel for the company in the Court of Appeal, in an application for leave to appeal against the Lands Tribunal’s interpretation of the Roads (Works, Use and Compensation) Ordinance (Cap. 370) as regards to an applicant’s right to compensation from the Government for loss of temporary occupation of land (with Anthony Ismail).
- Tai Shing Lee Victor (trading as Lucky Reminbi Exchange Foreign Currency Co.) v Wu Ka Yu Jennie [2023] HKCA 960. Instructed as sole counsel for the appellant in the Court of Appeal in a case concerning the breach of a services contract between foreign currency exchange operators.
- Leung Wai Ling Isewesg v Success Base Engineering Limited [2021] HKCA 310 (reported in [2021] 4 HKC 80). Instructed as sole counsel for the plaintiff landlord in the Court of Appeal to resist an appeal concerning the scope of a landlord’s obligations under a tenancy agreement. Also instructed in the Court of First Instance [2020] HKCFI 163.
- Emperor UA Cinemas Limited v Lark China Cinemas Investments Limited [2022] HKCFI 2316 (reported in [2022] HKCLC 969). Instructed as sole counsel for the plaintiff company in the Court of First Instance, in a successful application for an injunction to restrain the defendant from presenting a winding-up petition based on a statutory demand. The case was recently cited in a lecture delivered by the The Honourable Madam Justice Linda Chan (the Companies Judge).
- Asia Shahid t/a International Business Point (Hong Kong) v China Ping An Insurance (Hong Kong) Company Limited [2023] HKCFI 1296. Instructed as sole counsel for the plaintiff insured in the Court of First Instance, in an appeal against a master’s decision to strike out the insured’s claim on grounds of limitation.
- 黎偉雄 v 信和物業管理有限公司 (Sino Estates Management Company Limited) & anor [2022] HKLdT 68. Instructed as sole counsel for the respondent building manager in a 5-day billingual trial in the Lands Tribunal concerning the construction of a Deed of Mutual Covenant and alleged breach of manager’s duties. Also instructed as sole counsel to resist the application for leave to appeal to the Court of Appeal [2023] HKLdT 23.
- Town Planning Appeal No. 7 of 2021 (decision dated 28.02.2023). Instructed as sole counsel for the developer in a 3-day appeal before the Town Planning Appeal Board, in an appeal against the Town Planning Board’s decision to refuse planning permission to construct a house on a site in Ngau Chi Wan Village.
- In the matter of appeals under s 44 of the Buildings Ordinance (Cap. 123) by the appellants in Appeal Case Nos. 19-23 (heard, pending judgment). Instructed as sole counsel for the appellants in a preliminary hearing before the Buildings Appeal Tribunal appealing against the Building Authority’s orders for demolition of certain alleged unauthorised building works.
Justin read Law at the University of Oxford and went on to receive his postgraduate degrees from the University of Hong Kong. He took a Distinction in the Master of Laws and was awarded the Woo Po Shing Medal in Law for civil and criminal advocacy. He later received the Middle Temple Advocacy Scholarship.
Prior to joining the Bar, Justin worked for a top silk at a top-tier chambers in London. On his return to Hong Kong, he successfully completed his pupillage under the supervision of Ambrose Ho S.C., Abraham Chan (now Abraham Chan S.C.), Edwin Choy (now Edwin Choy S.C.) and Andrew Mak. He commenced full practice in 2017 and has served as a part-time lecturer at HKU since 2021.
其他精选案例
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 a 3-day trial in the Court of First Instance, in a case concerning the restitution of funds mistakenly remitted to a third party recipient as a result of fraud (with Joyce Leung).
- Chow Pui Chu Betty v Ever Bridge Hong Kong International Limited DCCJ 3736/2021. Instructed as sole counsel for the plaintiff in the District Court to obtain summary judgment against a defendant for the return of funds mistakenly remitted to it as a result of fraud.
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.).
显示更多案例
EDUCATION
- BA in Jurisprudence (now MA), Corpus Christi College, Oxford
- LLM, University of Hong Kong (Distinction)
- PCLL, University of Hong Kong
SCHOLARSHIPS AND PRIZES
- The Middle Temple Advocacy Scholarship
- The Woo Po Shing Medal in Law (for best performance in criminal and civil advocacy)
- Runner-up, Oxford Hong Kong Mooting Competition 2011 and 2012
APPOINTMENTS AND MEMBERSHIPS
- Lecturer (part-time) (non-clinical) in Civil Advocacy, Department of Professional Legal Education, University of Hong Kong (2021-)
- Member, Committee on Companies Law, The Hong Kong Bar Association (2023-)
- Member, Committee on Land, Trust and Probate, The Hong Kong Bar Association (2023-)
SEMINARS
- “Recent SFC Enforcement Actions in Ramp and Dump Cases”, CPD lecture (given at Messrs. Haldanes) (with Norman Nip S.C., Adrian C.K. Wong and Roger Phang)
- “Judicial review against decisions of the Building Authority”, Law Lectures for Practitioners 2019 (held by the Faculty of Law, University of Hong Kong) (with Anthony Ismail)
- “Plugging the Expectation Gap: The Future of Charities Regulation in Hong Kong”, CPD lecture (held by the Legislative Council of Hong Kong) (with Ambrose Ho S.C.)
LANGUAGES
- English, Cantonese, Putonghua, French and Spanish (working knowlege)
陈浩源
大律师
认许年份：2017
Jeff is developing a broad civil practice with a focus on commercial, property and trusts disputes. He is a Charles Ching Scholar and served pupillage with Mr Ambrose Ho SC, Mr Derek Chan SC, Mr Norman Nip SC, Mr Eugene Yim and Mr Isaac Chan.
In 2015-2016, Jeff worked as a Judicial Assistant in the Court of Final Appeal and assisted judges in substantive appeals, leave applications and other speaking engagements. In 2021, he was appointed as a part-time Judicial Associate in the Court of Appeal.
Jeff has published in law journals. One of his articles on company law has been cited by the High Court of Singapore.
近期案例精选
- China Agri-Products Exchange Ltd v Wang Xiu Qun [2021] HKCFI 137; [2022] HKCFI 1533: Represented a listed company in a 23-day trial involving a RMB 510 million claim for breach of warranty and dishonest assistance (led by Mr Ambrose Ho SC and with Ms Bonnie YK Cheng)
- Kot See For v Lam Man Cheung [2021] HKCFA 31; [2021] 2 HKLRD 263, [2021] HKCA 348: Appeared in the Court of Appeal and the Court of Final Appeal in an appeal concerning the privilege against self-incrimination in civil proceedings (led by Mr Ambrose Ho SC)
- LCK v DLKY & Ors [2022] 4 HKC 1, [2022] HKCFI 496: Represented the plaintiff in an 8-day hearing involving an application for making a statutory will for a mentally incapacitated person and the setting up of a discretionary trust (with Mr Michael Yin)
- SFC v Andrew Liu & Ors (HCMP 2653/2016): Represented the SFC in a trial against 10 directors for disqualification and compensation orders (led by Mr Ambrose Ho SC and Mr Norman Nip SC, with Ms Bonnie YK Cheng and Mr Jonathan Fung)
其他精选案例
Commercial
- Chow Sang Sang Securities Ltd v Shen Shuai [2023] HKCFI 453: 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 SC and with Mr Isaac Chan)
- Build Kingdom Ltd & Ors v Tsang Lin Yau Linda [2022] HKCFI 3247: Acted for the plaintiffs in a HK$111 million debt claim against the estate of a deceased director (led by Mr Norman Nip SC)
- Hui (Annie) Guo v Yuedong Xu & Ors [2022] HKCFI 1629: Resisted a specific discovery application in a commercial dispute involving parallel proceedings in Australia (sole counsel)
- 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 SC 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)
- Sintat Taxi Agency Ltd v Poon, Chi Lun Allen (HCA 653/2020): Acted for the plaintiff in a breach of contract claim concerning cross-border licenses (led by Mr Norman Nip SC)
- Xue Xiaoyun v Susan Yung & BOCI Securities Ltd (HCA 2526/2018): Acted for a securities firm in a claim concerning negligence and vicarious liability (led by Mr Ambrose Ho SC)
- Appeared in a 5-day arbitration trial involving a secured loan transaction (led by Mr Victor Dawes SC and with Mr James Man)
- Acted in an arbitration involving a dispute over a sale and purchase agreement of company shares and infringement of trademarks (with Mr Roger Phang)
Property and Trusts
- Osman Mohammed Arab & Wong Kwok Keung v Ng Shui Ching, Irene (2021) 24 HKCFAR 153, [2021] HKCFA 23; [2021] HKCA 220: Appeared in the Court of Final Appeal for the trustees-in-bankruptcy in an unfair preference claim involving a declaration of trust (led by Ms Audrey Eu SC and with Ms Prisca Cheung)
- 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 for the defendants 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 SC)
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)
- Masterwork Group Co., Ltd v Rieckermann International Ltd & Ors (HCA 904/2021): Acted for a listed company in the PRC in a cross-border fraud claim against a former employee and related companies (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 SC)
- 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 SC)
Regulatory
- 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 SC)
- 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 SC)
Professional Liability
- China Health Group Ltd v Chiu & Partners (A firm) (HCA 891/2022): Acted for a law firm in striking out a claim brought by a former client for breach of contract, negligence and breach of fiduciary duty (led by Mr Norman Nip SC)
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 SC)
显示更多案例
APPOINTMENTS
- Judicial Associate, Court of Appeal (September 2021, June and November 2022)
- Judicial Assistant, Court of Final Appeal (2015-2016)
PUBLICATIONS
- ‘Should “reverse piercing” of the corporate veil be introduced into English law?’ (2014) 35 Company Lawyer 163 (cited by the High Court of Singapore in Koh Kim Teck v Credit Suisse AG, Singapore Branch [2015] SGHC 52 and Jhaveri Darsan Jitendra v Salgaocar Anil Vassudeva [2018] SGHC 24)
- ‘C v Director of Immigration: A Step forward in Hong Kong’s refugee screening process’ (2014-15) 5 CityU LR 115
- Co-author, The Annotated Ordinances of Hong Kong, Cap. 584 (Lexis Nexis 2019)
- Contributing editor, Tort Law and Practice in Hong Kong (3rd Ed, Sweet & Maxwell 2014)
- Editor, UCL Journal of Law and Jurisprudence (2014-2015)
- Senior Editor, Hong Kong Journal of Legal Studies (2013-2014)
EDUCATION
- LLM (Distinction), University College London (2015)
- PCLL, The University of Hong Kong (2014)
- LLB, The University of Hong Kong (2013)
SCHOLARSHIPS AND PRIZES
- Charles Ching Memorial Scholarship (2017)
- Peter Vine Postgraduate Law Scholarship (2014)
- Deacons Cup (Best Mooter) and Hong Kong Bar Association Cup (Champion Team), HKU Faculty of Law Compulsory Moot (2013)
- Best Mooter and Champion Team, HKU Basic Law Moot (2013)
- Runner-up, HKU Haldanes Criminal Law Moot (2013)
- HKSAR Government Scholarship (2013)
- HKU Undergraduate Worldwide Exchange Scholarship (2012)
- Runner-up, ALSA International Arbitration Moot (2011)
- Dean’s Honours List (2010)
- HKU Foundation Entrance Scholarship for Outstanding Students (2009)
钟浩齐
大律师
认许年份：2018
Francis has developed a broad commercial practice, with particular emphasis on securities and regulatory, insurance, employment, land, trust and probate, 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 commercial crime cases, and has appeared before Courts and specialist tribunals including the Market Misconduct Tribunal.
On the regulatory side, Francis has experience in suspension and resumption of trading of shares of listed companies, and also in proceedings under sections 213 and 214 of the Securities and Futures Ordinance (Cap. 571). He is also involved in professional negligence cases concerning auditors, solicitors and/or financial advisers. He also advises on the compliance issues in the ESG field, under Appendix 27 of the Listing Rules.
As a Fellow at the Chartered Institute of Arbitrators and HKIAC accredited Tribunal Secretary, Francis has experience in arbitration proceedings under the UNCITRAL Arbitration Rules and the HKIAC Administered Arbitration Rules. He is actively involved in some recent high-profile art and entertainment, cryptocurrency, hedge funds and natural resources disputes, both as advocate and Tribunal Secretary.
He has experience in different insurance and medico-legal litigation and coroner’s inquest involving fatal accident, catastrophic injuries, third-party motor, public liability and policy dispute claims (including double insurance, reinsurance, indemnity and contribution). He has been regularly instructed by insurers including AIG, Allied World, Asia, Berkshire Hathaway, BOCG, Chubb, Liberty, Tokio Marine & Fire and Zurich.
近期案例精选
- Market Misconduct Tribunal Inquiry re China Forestry Holdings Company Limited (delisted): Acting 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.
- The Secretary for Justice v Joint and Several Administrators of the Estate of Nina Kung & Chinachem Charitable Foundation Limited (HCMP 853/2012): Acting for the Secretary for Justice in the settlement of the scheme for the administration of the charitable trusts under the will of late Nina Kung for her billion-dollar estate.
- AI v LG II [2023] HKCFI 1183: Acted for the plaintiffs in the application for setting aside the final award involving a complex hedge funds investment dispute of USD 500 million on public policy (foreign and domestic illegality) and due process grounds, under section 81 of the Arbitration Ordinance (Cap. 609).
- Re Modena Technology (HK) Limited [2023] HKCFI 1173: Acted for the plaintiff in resisting the application by an intended intervener for leave (i) to intervene in the action and (ii) to derivatively defend the action on behalf of the defendant under sections 732 and 733 of the Companies Ordinance (Cap. 622).
- Chan Ping Wah v Cayley Property Management Ltd [2021] 2 HKC 536: Acted for the 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.
其他精选案例
Securities, Regulatory and Commercial Crime
- 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.
- 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 cryptocurrency exchange platform.
- Disputes over the termination of an insurance policy for the insured's failure to notify the potential claim.
- 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
- 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.
- Li Man v Sing Wai HK Construction Company Limited (HCPI 351/2021): Acting for the insurer of the defendants to contest quantum arising from an industrial accident at a construction site.
- Leung Mui Yi v Fu Hong Society (formerly known as Society of Homes for the Handicapped) [2023] HKDC 36, [2023] HKDC 449; CAMP 169/2023: 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 at the Court of Appeal is pending.
- Swarnjit Kaur v Lo's Cleaning Services Limited [2023] HKDC 727: 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; CACV 360/2022: 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 case is pending appeal at the Court of Appeal.
- 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.
- Lau Wai Chuen v Wang Yip Construction Company Limited (DCPI 1905/2019): Acting for the insurer to defend the plaintiff's claim arising from a workplace injury.
- 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).
- 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.
- 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 and Probate
- 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 Tony Chan to propound the will of late Nina Kung to be indemnified by the estate of late Nina Kung.
- 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.
- 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.
显示更多案例
APPOINTMENTS AND MEMBERSHIPS
Professional Qualifications
- Fellow, Chartered Institute of Arbitrators (FCIArb)
- HKIAC accredited Tribunal Secretary
- Associate, The Chartered Governance Institute (ACG)
- Associate, The Hong Kong Chartered Governance Institute (HKACG)
- HKCGI ESG Reporting Certification (HKCGI Cert: ESG)
Membership
- Founding member, ArbChat
- HKIAC HK45
- HKIAC Belt & Road
- Young ICCA
- KCAB Next Member
- ICC Young Arbitrators Forum
- Young ICSID
- The Law Association for Asia and the Pacific
Appointments
- Member, Social Workers Registration Board Disciplinary Committee (2023-2026)
- Part-time Lecturer (non-clinical), Department of Law, The University of Hong Kong (since 2018)
- Vice-Chairman (since 2023) and Treasurer (2021-2022), Young Barristers’ Committee, Hong Kong Bar Association
- Member, Committee on Financial and Securities Law, Hong Kong Bar Association (since 2023)
- Member, Committee on Arbitration, Hong Kong Bar Association (since 2023)
- Member, Standing Committee on Legal Education, Hong Kong Bar Association (since 2021)
- Member, Committee on Land, Trust and Probate, Hong Kong Bar Association (2021)
PUBLICATIONS
Legal Publications
- When winding up proceedings meet arbitration agreement: are they reluctant bedfellows? (upcoming)
- Can Covid-19 be an escape door for a commercial lease? Risk allocation in times of uncertainty
- 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, November 2022, January 2023)
- “Regulating Charities: Time for Change?” (September 2022)
- “Acting for Specified Persons in the Market Misconduct Tribunal: Procedure and Practice” (November 2021)
- “(Quasi-)Easements Litigation: Some Examples in the New Territories and Multi-storey Buildings” (October 2019)
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)
LANGUAGES
- English, Cantonese and Mandarin
沈嘉澄 (女士)
大律师
认许年份：2018
Kelly commenced full practice in 2018 following the successful completion of her pupillage with Mr Horace Wong SC, Mr Peter Duncan SC (on extension), Mr MC Law (now Mr MC Law SC), Mr Norman Nip (now Mr Norman Nip SC) and Ms Catherine Wong. She has a wide spectrum of practice encompassing civil, land and regulatory law.
Kelly is frequently instructed together with lead counsel or alone. Kelly also has experience in different levels of Court, including having appeared as sole advocate in the Court of First Instance, District Court and Coroner’s Court and having been led in the Court of First Instance and the Court of Appeal. Kelly is also conversant with arbitration, including those administered under the HKIAC rules, the UNCITRAL rules and the ICC Rules.
Kelly graduated with a First Class Honours degree in Law from the University of Hong Kong and was on the Dean’s Honours List for three consecutive years from 2013 to 2015. She then obtained a Master of Laws degree from the University of Cambridge (with first class overall) and PCLL from the University of Hong Kong (with distinction). During her PCLL year, she obtained the Thomson Reuters Law Prize for being the most promising student intending to be a barrister and the Brian McElney Medal in Law for achieving the best overall performance in compulsory PCLL courses.
Kelly has a professional command in Cantonese, Putonghua and English, and is capable of delivering written work in Chinese and English.
近期案例精选
- CCDI-901/2018 (ST): Acted for Tsuen Wan Adventist Hospital in a 7 days death inquest (as sole counsel).
- Securities and Futures Commission v DFRF Enterprises LLC & Ors [2022] 2 HKLRD 1032: Acted for the SFC in proceedings under s 213 of the Securities and Futures Ordinance (Cap. 571) for recovery of sums made by investors failing victim to investment scams (led by Mr Norman Nip SC).
- Southwest Securities (HK) Brokerage Ltd v Nieumarkt Investments Ltd & Ors [2020] HKCFI 1050 & [2021] HKCA 740: Successfully appealed against the first instance Judge’s ruling and obtained final judgment for the claimed sum against D1 and D2 on appeal (with Mr MC Law (now Mr MC Law SC)).
其他精选案例
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).
显示更多案例
APPOINTMENTS AND MEMBERSHIPS
- Part-time lecturer, University of Hong Kong (2020 – Present)
PUBLICATIONS
- Contributing Editor, Hong Kong Civil Procedure (2023 – Present)
- Editor of UK Supreme Court Yearbook (2015-2016)
- Student Editor for Asia-Pacific Journal of Human Rights and Law (Sept 2015 – August 2016)
- Interests of Youth Suspects are at Risk: Implementing the Right to the Presence of Parent or Guardian and the Right to Legal Assistance at the Police Stations in the Case of Youth Suspects in Hong Kong (2015) 45 Hong Kong Law Journal 127
LANGUAGES
Cantonese, English, Mandarin
EDUCATION
- PCLL, University of Hong Kong: 2017 (Distinction).
- Master of Laws, University of Cambridge: 2016 (First Class).
- LLB, University of Hong Kong: 2011-2015 (First Class Honours).
SCHOLARSHIPS AND PRIZES
- Middle Temple Society Advocacy Scholarship (2017)
- Thomson Reuters Law Prize (2017)
- Brian McElney Medal in Law (2017)
- 1912 Senior Scholarship (2016)
- Johnson-Jary Prize (2016)
- Peter Willoughby Medal and Memorial Prize in Tax Law (2015)
- Dean’s Honours List (2013, 2014, 2015)
- HKU Worldwide Exchange Scholarship (2013)
欧明皓 (女士)
大律师
认许年份：2018
Julia served pupillage under Ambrose Ho S.C., Andrew Mak, Wilson Leung, and Benson Tsoi. She has a broad civil litigation and advisory practice.
Julia's commercial work includes shareholders’ disputes, derivative actions, unfair prejudice proceedings, insolvency matters, and general contractual disputes. She has acted in land and property matters such as building management disputes, rights of way, Building (Planning) Regulations, and resumption and compensation cases. She has been instructed in judicial review applications, administration and probate actions, and proceedings involving trusts and vesting orders.
Julia’s advisory practice spans personal injury, employment issues, adverse possession and Chinese customary law. She authored the latest update of the Annotated Ordinances of Hong Kong: Trustee Ordinance (Cap. 29).
黄芷源
大律师
认许年份：2019 | 事务律师 (香港)：2017-2018
在跟随杜淦堃资深大律师、聂心平资深大律师、黄若锋区域法官、陈志刚大律师及蔡一鸣大律师实习后，黄芷源大律师于2020年正式执业。他主要从事民事诉讼，亦曾于香港的各级法院出庭。
在获认许为香港执业大律师之前，黄大律师曾在一家国际律师事务所中任职见习律师，并取得香港事务律师资格。他于香港大学取得法学士和法律专业证书，其后于伦敦政治经济学院取得法学硕士（优异），以及于英国剑桥大学取得法学硕士（一级荣誉）。
黄大律师于2019年获得中殿抗辩训练奖学金。
近期案例精选
- Fong Chak Kwan v Employees Compensation Assistance Fund Board & Ors (2022) 25 HKCFAR 135, [2022] 5 HKC 426: leading decision of the Court of Final Appeal on jurisdictional gateways in service-out applications and interpretation of tort gateway (led by Horace Wong S.C. and with Clark Wang)
- Defending authorised insurer against Insurance Authority’s proposed disciplinary action to impose public reprimand and substantial pecuniary penalty of HK$65 million (led by Ambrose Ho S.C. and with Isaac Chan)
其他精选案例
商业及金融
- Base Media Technology Group Ltd v Cedarwood VFX & Animation Holding (Singapore) Pte Ltd & Ors (HCA 852/2023): resisting application for interim injunction restraining receivers from realising borrower’s assets
- 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
- Wang Yuexian v Xinyang Maojian Group Ltd (HCA 231/2022): resisting partial summary judgment application for sums allegedly due under bond issued by listed company by way of admission
- 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)
- Bank of Baroda v Goyal Mukesh Kumar & Ors (HCMP 891/2019): resisting mortgage action based on liabilities under banking facilities (with Christopher Chain)
- Bel International Logistics Ltd v CTS International Logistics Corporation (HK) Ltd (HCA 1619/2019): trial of dispute between air freight forwarders involving claim for unpaid invoices and counterclaim for paid invoices (with Isaac Chan)
- Incu Global Ltd & 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.)
民事欺诈及资产追讨
- 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)
- Euro Cargo Aviation HK Ltd v HK Wing Tat Co., Ltd & Ruifeng Hong Kong Ltd (HCA 836/2021): resisting applications 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)
公司纠纷
- Lam Shu Chung v Hyperlink International Real Estate Development Company Ltd (HCMP 303/2023): application for orders for delivery of share certificates and calling of annual general meetings under ss. 145 and 610 Companies Ordinance
- 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.)
- Yuen Chun Max v Chong Man Yuk & Anor (HCA 1740/2015): business dispute over chain of medical practices held through corporate structure (led by Victor Dawes S.C. and with Michael Lok)
破产及清盘诉讼
- Re Centre Rise Trading Ltd (HCMP 709/2023): application under s. 290 Companies (Winding Up and Miscellaneous Provisions) Ordinance for Lazarus order to revive dissolved company with substantial assets based on the Mainland
- Joint and Several Trustees in Bankruptcy of the Property of Yeung Chun Wai Anthony v Yannie Investment Ltd (HCA 1644/2022): defending against bankruptcy trustees’ claims over beneficial interest in residential property (led by Norman Nip S.C.)
- 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)
- Grand T G Gold Holdings Ltd v Lee Sing Leung Robin (HCMP 859/2020): interim injunction restraining presentation of winding-up petition
- Acting for petitioners or supporting creditors for compulsory winding-up of listed companies, state-owned enterprises or their subsidiaries, including Forever Winner International Development Ltd (HCCW 80/2021), North Mining Shares Company Ltd (HCCW 452/2021) and Carnival Group International Holdings Ltd (HCCW 48/2020)
监管及公法
- China Wood Optimization (Holding) Ltd v The Stock Exchange of Hong Kong Ltd [2023] HKCFI 1000: 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)
信托及遗产纠纷
- 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 sanction of family arrangement involving an infant beneficiary under a will and compromise of litigation (with Horace Wong S.C.)
- Advising next-of-kin of mentally incapacitated person on potential challenge to discharge committee appointed under Part II Mental Health Ordinance and application to set aside a purported enduring power of attorney
物业及业主/租客纠纷
- Kafayat Khan (trading as “Oriental Rugs”) v Au-Yeung Lun & Ors (HCA 522/2023): claim against bailiffs and landlord for wrongful distress for rent in arrears
- Cheung Kei Center Ltd v Mount Kelly International Ltd (HCA 1383/2019 & HCA 1668/2019): tenancy dispute over early termination of commercial lease
- Tang Ling Choa Tso (with Tang Ho Fai Allan, Tang Kwok Kuen, Tang Ying Kim Kenn and Tang Ching Cheung Carol as the Managers) v 邓盛炳 & Anor (HCA 222/2018): defending against claim for vacant possession of land, injunction and mesne profits
雇佣纠纷
- Acting for insurers in various claims against ex-insurance agents for signing fees and bonuses pursuant to contractual post-termination ‘clawback’ provisions, including FWD Life Insurance Company (Bermuda) Ltd v Cheung Lik Keung (HCA 705/2020)
- 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.)
雇员补偿及民事侵权
- Advising Employees Compensation Assistance Fund Board (“ECAFB”) on issues relating to interaction between relief payment and Director of Legal Aid’s first charge
- Advising ECAFB on coverage of Bullock orders within scope of s. 23 Employees Compensation Assistance Ordinance (with Horace Wong S.C.)
- Advising ECAFB on issues relating to scope of an employees’ compensation insurance policy (with Horace Wong S.C.)
- Wong Sui Ling v Lee Ting Yee (HCA 1074/2022): defending against claims of harassment and intimidation arising out of debt collection dispute
建筑
- 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
- 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)
仲裁及执法
- Lo Ngar Mi v Man Shu Kwan (HCCT 3/2022): oral examination of judgment debtor to facilitate enforcement of SCIA arbitral award (with Lau Ka Kin)
- 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
显示更多案例
学历
- 香港大学法学士
- 香港大学法学专业证书
- 伦敦政治经济学院取法学硕士（优异）
- 剑桥大学法学硕士（一级荣誉）
奖学金及奖项
- 中殿抗辩训练奖学金
- 英国剑桥大学莫德林学院邦迪奖学金
- 英国剑桥大学莫德林学院法学奖项
- 香港特别行政区政府奖学金
- 香港大学何敦律师行刑法模拟法庭比赛冠军
- 香港大学海外交流奖学金
- 院长嘉许名单
会员资格及任命
- 英国特许仲裁员学会会员
讲座及研讨会
- “Essentials of Common Law – Public Law” Lecture Series at Peking University (2023) on the topic of “Common Law and Equity: Historical Development, Chancellor’s Foot and A Brief Introduction to the Concept of Trusts” (with Horace Wong S.C. and Clark Wang)
语言
- 英语 (流利)
- 广东话 (母语)
- 普通话 (专业程度)
领英 / LINKEDIN
可按此网上连结浏览黄大律师的领英档案。
郭俊野
大律师
中国法律职业资格：2013
香港认许年份：2019
郭大律师拥有中国内地及香港两地法律教育与专业资格背景，毕业于北京大学法学院及香港大学法学院。
在成为香港执业大律师之前，郭大律师曾于北京任职于一间全球最大规模的矿产/能源类央企的法律与内控部门，并因此能够充分地理解中国内地客户，与其进行有效的沟通，能够从两地的视角去理解各类案件的现实情况，为客户提供切实可行的法律意见与争议解决方案。
作为香港执业大律师，郭大律师广泛参与各类民事、刑事案件，并专长于处理涉及中国内地背景的跨境民商事诉讼与国际仲裁事务。在专业领域方面，郭大律师处理所有本大律师事务所执业范围内的工作，并尤其专注于公司法、土地法、合约法、侵权法、劳动法、证券监管、商事欺诈以及白领犯罪等领域。
近期案例精选
- 国际仲裁: 就一宗适用香港国际仲裁中心2018年机构仲裁规则之案件，代表其中一方中国内地客户。案件涉及客户与中国某内地券商签订之贷款协议，适用香港法，并以中文程序进行。本案仲裁程序仍在进行中，其中涉及的“多份合同单一仲裁”之问题，当属港仲2018年机构仲裁规则第29条适用过程中又一经典案例。
- 跨境判决执行: 就一宗内地判决于香港申请强制执行之案件，代表其中一方参与香港高等法院有关程序。案件涉及中国内地民事诉讼法律，以及有关内地判决的终局性问题等。
- 公司/商事争议: 就某中国内地客户与某香港上市公司之间借款协议纠纷，向客户提供法律意见及启动香港高等法院诉讼程序，案件适用香港法，并涉及商事欺诈、BVI公司恢复注册、清盘及有关香港公司高管之侵权责任等问题。
- 土地: 就某香港房地产开发商牵涉之土地及房产买卖纠纷，及相关香港高等法院诉讼案件程序提供法律意见，并代表客户参与高等法院庭审。案件适用香港法，并具体涉及香港房地产法、合同法、房产估值及香港房产建筑开发行政程序等问题。
其他精选案例
商事诉讼与国际仲裁
- 就一份于澳门赌场签订的借款协议之有效性问题，代表涉案一方出席香港高等法庭聆讯，案件适用澳门法，并涉及香港法庭管辖权、口头协议有效性、协议合法性等问题。
- 就一宗公司清盘案件代表某内地客户参与香港高等法院有关法庭聆讯，案件涉及客户与某香港上市公司之间就赎回到期公司债券而产生之争议，及相关之债务追索。
- 就一项涉及中国内地某互联网交易平台的供应链金融交易，提供香港法意见，案件涉及香港《放债人条例》（香港法例第163章）对中国内地有关交易的管制与适用问题。
- 为一家中国内地公司客户就其潜在的香港高等法院诉讼事项提供法律意见。案件涉及客户的离岸投资计划和因在香港发行的公司债券而引起的基于信托安排的潜在索赔。
- 为一家香港公司客户就其与外部投资者及其高级管理人员的潜在纠纷提供香港法律意见。
- 就针对香港某高科技合资伙伴的潜在索赔事项，向内地某公司客户提供香港法律意见。争议涉及客户对某高科技医疗服务移动应用程序的投资，主要争议事项适用香港法律。
- HKIAC: 参与一宗由香港国际仲裁中心（HKIAC）管理之仲裁案件，案件涉及某上市公司股权转让与质押，因交易相对方涉嫌欺诈而产生争议，案件适用香港法，根据香港国际仲裁中心2018机构仲裁规则进行。
- HKIAC: 参与一宗由香港国际仲裁中心（HKIAC）管理之仲裁案件，案件涉及某中国内地客户与某中国内地基金投资公司之间之投资、借款协议纠纷，争议适用香港法，根据香港国际仲裁中心2018机构仲裁规则进行。
- HKIAC: 参与一宗由香港国际仲裁中心（HKIAC）管理之仲裁案件，案件涉及一项于中国内地开展的外商投资项目，交易方因内地行政法规修改而就项目的可行性发生争议，案件适用中国内地法律，根据香港国际仲裁中心2018机构仲裁规则进行。
- ICC: 参与一宗由国际商会（ICC）管理之仲裁案件，案件涉及一项于中国内地开展的外商投资项目，双方对因行政监管而导致的项目合法性问题产生争议，争议适用香港法，根据ICC仲裁规则（2017年版）进行。
- HKIAC: 参与一宗由香港国际仲裁中心（HKIAC）管理之仲裁案件，案件涉及一份中国内地某券商与境外自然人签署之借款协议，案件适用香港法，根据香港国际仲裁中心2018机构仲裁规则进行。
- HKIAC: 参与一宗由香港国际仲裁中心（HKIAC）管理之仲裁案件，案件涉及因中国境内某投资主体与境外某机构签订之可转换债券认购协议而产生之争议，案件适用香港法，根据香港国际仲裁中心2018机构仲裁规则进行。
- HKIAC: 参与一宗由香港国际仲裁中心（HKIAC）管理之仲裁案件，案件涉及一份于香港签订的项目合约，争议适用香港法，根据香港国际仲裁中心2018机构仲裁规则进行。
- HKIAC: 参与一宗由香港国际仲裁中心（HKIAC）管理之仲裁案件，案件涉及中国境内某娱乐公司之股权转让协议，案件适用香港法，根据香港国际仲裁中心2018机构仲裁规则进行。
- HKIAC: 参与一宗由香港国际仲裁中心（HKIAC）管理之仲裁案件，案件涉及一宗股权买卖交易，争议适用香港法，根据香港国际仲裁中心2018机构仲裁规则进行。
- HKIAC: 参与一宗由香港国际仲裁中心（HKIAC）管理之仲裁案件，案件涉及一份于香港签订的项目合作合约，争议适用香港法，根据联合国贸易法委员会仲裁规则（UNCITRAL Rules）进行。
土地、信托及遗产
- 就一宗涉及新界地区土地之案件，代表客户参与香港高等法院聆讯，以赎回有关涉案按揭抵押。
- 就基于一份香港不动产买卖协议的潜在香港高等法庭诉讼事项提供法律意见，案件涉及香港法下联权共有(Joint Tenancy)物业之转让所涉及的特别法律问题。
- 就客户订立遗嘱的相关事宜提供香港法律意见。由于案件涉及客户在香港和中国内地的财产继承问题，因此本案亦涉及到与中国内地律师的协作。
证券监管及反洗钱
- 就香港证监会诉某中国内地客户内幕交易案，代表案件其中一位被指明人士出席香港市场失当行为审裁处聆讯，案件涉及香港法下有关内幕交易之证券监管规则。
- 就某中国内地客户于香港牵涉之反洗钱刑事调查提供香港法意见，案件涉及中国内地客户在货运买卖与跨境投资过程中，使用名义/代理股东所引发的反洗钱风险问题。
- 就某中国内地客户牵涉的跨境税务法律风险事宜，提供香港法意见，案件涉及加拿大税务机关的税收执法，以及香港地区有关税收问题的跨境执行事宜和反洗钱问题。
人身伤害案件
- 为一名建筑工地工人在其受雇于工地分包商的过程中所发生的事故及人身伤害问题，就法律责任和赔偿金额等事项，提供法律意见。
- 就一份涉及受保分包商所雇用的一位建筑工地工人所发生的人身伤害事故，向保险公司提供有关法律责任、赔偿金额和证据等方面的法律意见。
- 为一名上市公司高管，就其于受雇过程中所发生的工伤事故，提供潜在人身伤害索赔金额的法律意见。
- 就一宗涉及人身伤亡的香港高等法庭案件提供法律意见，案件涉及专业人员于特殊场所下之特别注意义务，以及物业占有人之特别注意责任。
雇佣法、家事法、禁制令及其他
- 就一宗涉及香港事务律师专业利益冲突之禁制令申请案件，代表涉案一方出席香港高等法庭聆讯。
- 就与一名据称因怀孕而受到歧视的女性求职者的潜在雇佣纠纷，为一家中国内地证券公司提供香港雇佣法意见。
- 为客户与其前雇主就终止雇佣关系及客户年度花红权利的纠纷提供香港雇佣法意见。
- 就客户拟进行的跨境离婚诉讼提供香港法意见，因案件涉及跨境婚姻，有关问题亦涉及到与中国内地律师之协作。
- 就客户在中国内地和香港的潜在离婚诉讼提供香港法意见。
- 就与香港民事诉讼法有关的各种问题向某内地人民法院提供香港诉讼法意见。
显示更多案例
发表文章
- 实务新规：内地民商事判决在香港执行的条件、方式和特别注意事项
- 案评 | 公司董事在特殊情况下对公司债权人亦应负有义务
- 案评 | 香港法院再次解读股东查阅公司文件的有关规定
- 案评 | 香港法院拒绝执行一份内地仲裁裁决并认为当事人滥用仲裁程序
- 案评 | 香港法院重申支持仲裁裁决执行的一贯立场
- 案评 | 诉前“友好协商”也务必要字句斟酌
- 案评 | 一个“极不寻常”的案例
- 案评 | 香港高等法院在H诉L案中支持执行广州仲裁委两项裁决
- 案评 | 香港高等法院在G 诉 S 案中支持执行内地仲裁裁决
语言及其他
郭大律师以普通话为母语，并能操流利的英语及广东话。他亦是香港大律师公会内地事务常务委员会委员及仲裁事务委员会委员。
教育背景
- 香港大学法学专业证书（PCLL）
- 香港大学法律硕士（J.D.）
- 北京大学法律硕士（J.M.）
曾浩恩
大律师
认许年份：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.
近期案例精选
- Power Securities Co Ltd v Sin Kwok Lam & Ors [2023] HKCA 594, 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).
- 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).
其他精选案例
Commercial Disputes
- Power Securities Co Ltd v Sin Kwok Lam & Ors [2023] HKCA 594, 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
- Kwan Man Ho v Chan Mee Chan & Ors, DCCJ 888/2022: Water seepage case, with dispute as to source of the water seepage (as sole counsel).
- 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).
- 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).
显示更多案例
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)
Johnathan’s LinkedIn page 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)
苏颍
大律师
认许年份：2020
Wing has a focus on international arbitration and cross-border litigation, covering mainly commercial, construction, maritime, and aviation disputes, and more recently also investment disputes. He also has a particular expertise on costs disputes, and experience with town planning and licensing work. Due to his previous work experience, he is most frequently instructed in cases involving PRC SOEs and/or entities from Russia, Ukraine, or other CIS Countries. In addition, due to his experience in legal academia and university management, he has a background in higher education law, and Islamic and Hindu succession law.
Prior to joining the Hong Kong Bar, Wing has been a legal academic conducting research and teaching around the globe since 2010, including at Oxford, New Delhi, Luxembourg, Moscow, Kazan, Beijing, and Hong Kong, and previously acted as a legal advisor and expert witness for private clients for years in this capacity. He was formerly a judicial assistant of the Court of Final Appeal, and also served under the judge-in-chief of the Construction & Arbitration List of the High Court of Hong Kong. He also acts as an arbitrator.
He is one of the co-authors of the leading English textbook on the law of costs, Friston on Costs (3rd edn OUP 2019), building upon his doctoral research on the area. He was appointed as a foreign legal expert by the Ministry of Science & Technology of the PRC government since 2019. Outside of his practice, he continues to regularly give lectures and supervise postgraduate and doctoral students from various law schools in PRC and Russia on civil procedure and international arbitration. He is currently a Distinguished Professor and Graduate Supervisor for civil procedure and international arbitration at the China University of Political Science & Law in Beijing, and a visiting professor at Lomonosov Moscow State University.
近期案例精选
He acts as sole advocate in arbitration frequently, and his recent highlights include:
- HK ICC Arbitration: acting for a PRC Central SOE for a URDG-758 claim against a Ukrainian bank in excess of 100 million Euros relating to guarantees over the supply of photovoltaic equipment to solar farms in Crimea (governing law: English law)
- HKIAC Arbitration: defending a Chinese owned BVI corporation in a claim for more than USD 17.5 million based on allegedly defective medical grade COVID-19 PPEs being exported to US hospitals, successfully resisting the claim on jurisdictional grounds (governing law: Hong Kong law / PRC law)
- ICSID Arbitration: advising a Hong Kong company on ICSID claims against the Republic of Indonesia under the HK-ASEAN Free Trade Agreement
Given his academic background and training in comparative law, he often acts in cases fully or partially governed by civil law such as:
- HKIAC Arbitration: acting for a Swiss manufacturer against a PRC corporation on the sale of photovoltaic cell coating machinery (governing law: Swiss law)
- HKIAC Arbitration: acting for a PRC SOE against a Korean-American joint venture in an HKIAC arbitration on the acquisition of an Automobile manufacturing line (governing law: Korean law, ongoing)
其他精选案例
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
显示更多案例
EDUCATION
- P.C.LL. (University of Hong Kong)
- D.Phil. (Law) Candidate (Exeter College, University of Oxford)
- M.Phil. (Law) (Exeter College, University of Oxford)
- B.C.L. (Exeter College, University of Oxford)
- LL.B. (City University of Hong Kong)
SCHOLARSHIPS AND PRIZES
Scholarships
- Hong Kong Bar Association – Charles Ching Memorial Scholarship (2020)
- Society of Construction Law Hong Kong Scholarship (2020)
- Lincoln’s Inn Hardwicke Entrance Scholarship (2017)
- Max Planck Institute Luxembourg Scholarship (2015)
- Clifford Chance Prize in Civil Procedure (with historical record score) (2010)
- British Chevening Postgraduate Scholarship (Hong Kong) (2010)
- Hong Kong Government-City University Scholarship (for Local Students) (2009)
- Lovells Prize for Overall Excellence in the LLB (2008)
- Chiap Hua Cheng’s Foundation Scholarship (2007)
- Hong Kong Institute of Chartered Secretaries Scholarship (2007)
- Johnson, Stokes & Master Prize for Overall Excellence (2007, awarded again in 2008)
- Hong Kong Airport Authority Skyleaders Scholarship Award (2006, awarded again in 2007)
- Hong Kong Jockey Club Scholarship (for Local Students) (2006, awarded again in 2007, 2008)
- Baker & McKenzie Prize in Contract (2006)
LANGUAGES
- English
- Cantonese (Native)
- Mandarin (Fluent)
- Hokkien / Taiwanese (Competent)
- Russian (B1)
- Japanese (JLPT N2)
Awards
- Champion, Oxford Hong Kong Mooting Competition (2017)
- Russian Federation Tatarstan Government “Algarysh” Grant (2017)
- Outstanding Academic Paper Award, City University of Hong Kong (2009)
- Honorable Mention, Martin Domke Award (Best Individual Oralist in the General Rounds), Willem C. Vis International Commercial Arbitration Moot (2008)
APPOINTMENTS AND MEMBERSHIPS
Appointments
- PRC Ministry of Science & Technology, SAFEA, Foreign Legal Expert
- Judicial Assistant of the Court of Final Appeal (2018 – 2019)
Memberships
- Arbitrator, Shenzhen Court of International Arbitration (SCIA) Panel of Arbitrators
与时俱进
无与伦比的体验
履德大律师事务所的优势源于我们的每一位成员对完美的不懈追求。我们提供广泛领域的专业服务，与客户携手解决不同层面的商业挑战。我们还密切关注法律行业的最新发展趋势和新兴执业领域，涉及金融规管、竞争法和国际商事仲裁等。如果您有志于加入一个不断进取且志同道合的团队，或者想申请成为见习大律师，我们将是您实现职业愿景的不二之选。