大律師
何沛謙 資深大律師
資深大律師
認許年份：1984 | 資深大律師：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.
近期案例精選
- 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
其他精選案例
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)
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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)
黃旭倫 資深大律師
資深大律師
認許年份：1984 | 資深大律師：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.”.
近期案例精選
- 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.
其他精選案例
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)
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任命及會員資格
專業認許
- 資深大律師
- 香港高等法院暫委法官（2008年至2009年）
- 香港高等法院特委法官（2010年至2012年）
- 香港國際仲裁中心仲裁員名冊
- 香港國際仲裁中心程序委員會委員
- 勞資關係條例第12(3)條仲裁員名單
- 《內 地 與 香 港 關 於 建 立 更 緊 密 經 貿 關 系 的 安 排 》香港方調解員
- 香港大律師公會大律師資格考試小組（物業、產權轉讓及平衡法）召集人
- 北京大學國際法學院訪問教授
- 香港大學法律專業學系榮譽講師
- 香港大律師公會大律師資格考試小組（物業、產權轉讓及平衡法）召集人
主要公職
- 太平紳士（自2014年）
- 非應邀電子訊息( 執 行 通 知 ) 上訴委員會主席（自2022年）
- 行政上訴委員會主席（2010至2016年）
- 建築物上訴審裁處主席（2015至2021年）
- 城市規劃(上訴)委員團主席 （自2023年）
- 強制性公積金計畫管理局（積金局）非執行董事（自2012至2018年）
- 稅務上訴委員會副主席（2007-2012）
- 證監會紀律研訊主席委員會委員（2008年至2018年）
- 暴力及執法傷亡賠償委員會委員（2007年至2013年）
- 上訴委員會備選團(受規管產品的豁免) 委員（自2011年至2017年）
- 香港會計師公會紀律小組委員（2004年至2005年）
學歷
- 香港大學法律學士
- 香港大學深造法律文憑
- 劍橋大學法學碩士（一級榮譽）
- 香港中文大學哲學文學碩士（院長嘉許名單）
- 土木工程高級證書（香港理工學院）
其他資格和經驗
- 澳門東亞大學中國法律文憑
- 中國法學會中國法律文憑
- CEDR認可調解員
- CEDR投資者與國家爭議調解培訓證書
聶心平 資深大律師
資深大律師
認許年份：2006 | 資深大律師：2021
聶心平資深大律師的執業範圍廣泛，涵蓋各類民事訴訟，尤其擅長處理商業及證券訴訟。他被評論家描述為「聰明睿智、兢兢業業」（錢伯斯指南 2023），是「居香港市場前列的商業資深大律師之一」並「處於其頂峰狀態」（法律 500 強 2024）。
他曾就多宗案件於法庭及專責審裁處（市場失當行為審裁處和證券及期貨事務上訴審裁處）代表證券及期貨事務監察委員會或接受調查的當事人，並「經常因其在證券相關案件中的優秀表現而得到嘉許」（錢伯斯指南 2024）。他也曾擔任離岸訴訟中證券法的專家證人。
聶資深大律師還擁有其他執業範疇的豐富經驗，涵蓋銀行、公司及股東糾紛、競爭、保險、專業疏忽、土地、信託、雇傭、婚姻、破產、中國及國際跨境糾紛、公法以及白領犯罪等領域。
在仲裁領域，聶資深大律師是現任香港大律師公會仲裁委員會副主席。他還是英國皇家特許仲裁員協會資深會員、香港國際仲裁中心仲裁員名單成員，並曾在多宗商業糾紛中擔任仲裁員。作為執業大律師，他亦曾代理過多宗境內及跨境商業糾紛。他還處理過涉及向法院提出協助仲裁程式或撤銷執行仲裁裁決的申請。
作為一名調解員，聶資深大律師曾參與多宗涉及各類民事糾紛的調解（使用英語、廣東話和/或普通話）。他於 2010 年獲得英國有效爭議解決中心認證的調解員資格。
在加入香港大律師行業之前，聶資深大律師曾擔任新南威爾士州最高法院斯珀林法官的司法助理，並曾在悉尼Clayton Utz律師事務所和香港年利達律師事務所擔任律師。
近期案例精選
- Ma King Huen v The Sincere Company, Limited [2024] 1 HKLRD 1292: 為創建先施百貨的家族第三代成員就僱傭合約糾紛擔任代表大律師
- Poon Ka Man Jason v Cheng Wai Tao & Ors [2023] HKCA 676: 在一家經營多家日本餐廳的公司的股東提起的普通法衍生訴訟中，代表公司被告行事
- Delco Participation BV v Chiho Environmental Group Ltd & Ors [2021] HKCA 1889; [2021] HKCFI 869, 1272: 代表被告處理前合資夥伴在一中國金屬回收業務中提出的價值超過四億港元的索賠
- Tam Sze Leung & Ors v SJ and SFC [2022] 5 HKLRD 44: 在一項由其證券帳戶遭發限制通知書的客戶提出的司法覆核申請中，代表證券及期貨事務監察委員會行事
- Securities and Futures Commission v Lu Ruifeng & Ors [2022] HKCA 326; [2020] 4 HKLRD 786: 代表證券及期貨事務監察委員會，處理根據《證券及期貨條例》第213條提出的申索，向指稱的亞洲電信媒體有限公司股份內幕交易商追討賠償
- Securities and Futures Commission v DFRF Enterprises LLC & Ors [2022] HKCFI 1288: 代表證券及期貨事務監察委員會，根據《證券及期貨條例》第213條，處理對在香港進行無牌活動和實施證券欺詐的人提起的索賠
其他精選案例
仲裁
作為仲裁員
- 在一宗涉及加密貨幣清算糾紛的國際仲裁中擔任獨任仲裁員
- 在一宗因傭金協議而引發爭議的國際仲裁中擔任獨任仲裁員
- 在一宗價值超過一億八千萬人民幣的股份購買協議引起的擔保執行案件中擔任首席仲裁員
- 在一宗價值約一千萬美元的股份購買協議糾紛中擔任仲裁員
- 在一宗價值約四千萬美元的香港首次公開募股引起的擔保執行案件中擔任仲裁員
作為大律師
- Wingtech Group (Hong Kong) Ltd v Tat Chun Printed Circuit Board Company Ltd (CACV 223/2014): 在申請撤銷內地仲裁裁決的執行中代表被申請人行事
- AO Smith Holdings (Barbados) SRL v Zhang Dacheng (HCMP 1132/2011): 代表被告處理原告的禁令申請，以協助其價值約2600萬美元的國際商會仲裁索賠
- Fresh Gain Ltd v China Vocational Education Co., Ltd & Ors (HCCT 45/2011): 代表被告處理一起根據《仲裁條例》第45條提出的禁令程式
- 代表一家保險公司處理經銷協議糾紛
- 代表一家國際製藥公司向一家中國企業的供應商提出價值超過3000萬美元的索賠
- 在價值超過一億元人民幣的跨境音樂會索賠案件中代表被告行事
- 代表擔保人就商品買賣合同項下的索賠進行抗辯
- 代理一起涉及中國土地開發專案的股東糾紛案件
銀行
- Zillion Global Ltd v UBS AG [2020] HKCFI 953: 代表原告提出未經授權執行和不當銷售索賠
- Gurdas Sabhagchand Choithramani v The Hongkong and Shanghai Banking Corporation Ltd [2021] HKCFI 301: 代表滙豐銀行剔除了該銀行前客戶的一名董事和股東提出的索賠
- Colvin Morton Brown v The Hongkong and Shanghai Banking Corporation Ltd [2019] HKCFI 526: 代表滙豐銀行剔除了該銀行一名前客戶的董事和股東提出的索賠
- KGI Futures (Hong Kong) Ltd v Li Kar Huen Christine (HCA 194/2010): 在一次審判中代表原告證券公司追回被告用於交易指數期貨的保證金帳戶中的差額
- Zhang Zhatzewal v Shanghai Commercial Bank Ltd & Anor (HCA 1996/2009): 代表東亞銀行有限公司就不當銷售索賠進行抗辯
破產
- Re Cao Zhong [2021] HKCFI 3143: 代表債務人反對基於一項超過1.49億港元債務（由貸款協定產生）的破產申請
- The Joint and Several Trustees of the Property of Yeung Wing Sing v Yeung Wing Sing (A Bankrupt) & Anor [2021] HKCFI 2018: 根據《破產條例》第49條的規定，在一次審判中代表破產受託人撤銷一項遜值財產轉讓交易
- Li Wo Hing v Raiffeisen Bank International AG, Beijing Branch (HCSD 19/2014): 代表答辯人反對撤銷法定要求償債書的申請
- Shao Kung Chuen v The Bank of East Asia, Ltd (HCSD 35/2011): 代表被申請人銀行，反對一項撤銷法定要求償債書的申請
商業糾紛
- Nexperia BV v Edal Electronics Company Ltd (HCA 1411/2021): 在電子元件分銷糾紛中代表被告行事
- Signature Diamond LLC v Phillips Fine Watches Ltd [2021] HKCFI 192; [2019] HKCFI 2903: 在手錶交付申索中代表被告拍賣行行事
- Golden Miles Group Holdings Ltd v Jacob & Co Ltd [2018] HKCFI 441: 在手錶分銷糾紛中代表原告行事
- Well Joint Trading Ltd v Chiu Chung Chiu [2012] 6 HKC 393: 在一項收回螺紋鋼筋的訴訟中代表原告行事
- ADP Pentagon Pets Ltd v Pets Central Asia Inc & Ors (HCA 1381/2009 & HCA 1941/2008): 在與合資夥伴的寵物店/診所業務糾紛中代表原告行事
公司和股東糾紛
- Hsin Chong Group Holdings Ltd (in liq) v Lin Zhuo Yan & Ors (HCA 1661/2019): 代表第三、第四及第五被告處理就新昌集團在中國的多項專案交易而違反董事職責的訴訟
- Remedy Asia Ltd v Patrick Tong Hing Chi & Ors [2020] HKCFI 2792; [2020] HKCFI 398: 在針對多名董事因欺詐和不誠實而違反職責的損害賠償索賠中，代表Remedy Asia行事
- Ng, Christina v Capella Capital Ltd & Ors [2020] 2 HKLRD 274: 在原告與第二被告之間的婚姻訴訟裁定之前，代表公司被告申請剔除或暫停清盤程式
- High Fashion New Media Corporation Ltd v Leong Ma Li (HCMP 932/2020):在一宗指控其未遵守在股東糾紛中授予的禁令的藐視法庭訴訟中，代表被告行事
- China Medical Technologies, Inc (in liq) & Ors v Wu Xiaodong & Ors [2020] 1 HKLRD 342; [2019] HKCFI 1266: 代表原告向前高級管理層就涉嫌欺詐挪用超過5.21億美元的款項提出索賠
- Chien Tsai Wan Judy v Chiu Tai Loy & Ors [2018] HKCFI 603: 在一宗針對因董事涉嫌違反職責致使公司遭受損失而提起的衍生訴訟中代表原告行事
- Joint and Several Receivers of Pacific Bulk Shipping Ltd v Tong Zhenjun & Ors (HCMP 1244/2015): 代表被告處理關於接管人就其委任的有效性的聲明以及交付財產和資產的命令所提出的申索
- Wong Siu Ying Joyce v Kaywon Ltd & Anr (HCCW 104/2013): 在公正和公平的清盤審判中代表申請人行事
- Chen Yung Ngai Kenneth v Shinewing Specialist Advisory Services Ltd (HCCW 279/2010): 就申請免除清算人的職務並提供帳簿和記錄代表被告行事
競爭
- Competition Commission v Atal Building Services Engineering Limited & Ors [2022] 4 HKLRD 425: 在一次競爭事務審裁處的執行中代表競爭事務委員會行事，該執行因起於價格壟斷、市場共用和/或操縱投標而違反“第一行為守則”
- Competition Commission v Midland Realty International Ltd & Ors (CTEA 3/2023): 在競爭事務委員會向競爭事務審裁處提出的強制執行訴訟中為美聯物業等公司擔任代表大律師，該公司被指控因參與從事旨在妨礙、限製或扭曲競爭的行為而違反第一行為守則
僱傭
- Chen Xiumei v Li Siu Wo & Anr [2008] 4 HKLRD 429: 在一項因死亡事故而引發的僱員補償的法律程式中，代表僱員補償援助基金管理局行事
- Yi Shengmao & Ors v Wong Kam Piu & Ors (HCPI 742/2005): 在一項因死亡事故而引發的僱員補償的法律程式中，代表僱員補償援助基金管理局行事
- 就各類僱傭相關事宜提供法律意見，包括：投資銀行雇用政策、跳板禁制令、花紅糾紛及平等機會申索
保險
- FWD Life Insurance Co (Bermuda) Ltd v Lam Chi Chuen Alpha & Sin Chau Yuk [2019] HKCFI 2878: 代表原告人保險公司追討支付給其前保險代理的有條件墊付款項
- FWD Life Insurance Co (Bermuda) Ltd v Cindy Poon Cindy [2019] 3 HKLRD 455: 代表原告人保險公司追討支付給其前保險代理的有條件墊付款項
- Cheung Kit Man v FWD Life Insurance Co (Bermuda) Ltd & Ors [2018] 5 HKLRD 259: 在一宗平等機會申索中代表被告人保險公司
- Wong Ka Yick v AXA China Region Insurance Co Ltd (HCA 421/2017): 在一宗由前保險代理提出的違反口頭協定申索中，代表被告人保險公司
- Dah Sing Insurance Services Ltd v Gill Gurbux Singh (2016) 19 HKCFAR 454: 在一宗離職後向前保險代理追討簽約獎金及按月津貼的申索中，代表原告人保險公司
- FWD Life Insurance Co (Bermuda) Ltd v Cheng Wing Yiu Dumas & Anr [2018] HKCFI 91: 在一項向前保險經理追討尚未清償債務的法律程式中，代表原告人保險公司
土地
- Zhongtai International Securities Ltd v First Concord Investment Ltd [2018] HKCFI 2653: 在一宗追討空置土地管有權及總值超過港幣1.53億港元的金錢判決的申索中，代表被告人行事
- Catherwood Ltd v Feng Jin Liang & Anor [2018] HKCFI 2383: 在一宗涉嫌以土地遜值交易欺詐債權人的審訊中，代表被告人行事
- Fordtime Industrial Ltd v Yip Shing Lam (HCMP 1373/2014; LDPE 757/2012): 就一宗租賃糾紛，在土地審裁處及上訴法庭代表答辯人行事
- Lead Traders Ltd v Lucky Land Enterprise Ltd [2012] 4 HKLRD 612: 代表多數業主申請人，謀求樓宇的強制售賣，以做重新開發
- Kiuwide Company Ltd v Tseung Ding Man (HCMP 1003/2013): 在一宗有關新界土地的逆權管有申索中，代表原告人行事
- Mak Kam Chuen v Triple Joy Investments Ltd [2012] 1 HKC 412: 在一宗逆權管有申索中，代表被告人行事
- Urban Renewal Authority v Agrila Ltd (HCA 1582/2002): 在一項有關某中環市區重建專案的糾紛中，代表被告人行事
- Super Keep Investment Ltd & Anr v Wong Kwok Wa & Ors (HCMP 1760/2009): 在一項原居鄉村房屋開發的爭議中，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: 在一宗質疑原審法官關於經濟條款裁決的婚姻糾紛上訴中，代表第二介入訴訟人行事
- Secretary for Justice v FTCW & Ors [2014] 1 HKLRD 849; FAMV 9-12,15/2014: 在一宗因婚姻爭議而引起的關於法律專業保密權及不自證其罪特權的申索中，代表多個介入訴訟人及被告人行事
專業疏忽
- Roderick Miller v The Law Society of Hong Kong (HCMP 3269/2013): 在一宗因拒發事務律師執業證書而提起的上訴中，代表香港律師會行事
- 代表一名會計師在香港會計師公會對其進行的的紀律處分程式中行事
- 為一“四大”會計師行就核數師疏忽問題提供法律意見
中國及國際跨境糾紛
- Re Seahawk China Dynamic Fund (in provisional liquidation) (FSD Cause No. 23 of 2022): 在一項於開曼群島大法院金融服務部審理的，以公正公平為由而提出的清盤行動中，擔任香港證券法專家證人
- Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd (HCMP 1449/2014): 在一項牽涉中國內地及英國法律程式的國際貿易糾紛中，代表被告人的共同及各別接管人和經理人行事
- Taibao Investment and Management (Hong Kong) Ltd v Kary Enterprises (Holdings) Ltd & Anr (HCA 642/2011): 在一項有關一中國內地高爾夫球場合資企業的爭議中，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請強制性濟助及披露令濟助，以助其在美國的法律程式
- 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國內地國營礦業企業的五億股股份證明書的申索中，代表被告人行事
公法
- 盧肖娟 v 證監會主席: 雷主席添良先生 (HCAL 1373 / 2023): 在一宗由公眾投資者提出的，有關兩家香港上市公司的地產物業投資廣告的司法覆核申請中，代表指認答辯人行事
- Midland Realty International Ltd & Ors v Competition Commission (HCAL 490/2024): 代表美聯物業等公司就競爭事務委員會拒絕給予他們寬待處理的決定請求司法覆核
- Chen Wencan & Anr v Secretary for Justice & Anr [2023] HKCFI 796: 在一項由其證券帳戶遭發限制通知書的客戶提出的司法覆核申請中，代表證券及期貨事務監察委員會行事
- 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覆核批准申請，以質疑香港交易所對其作出的除牌決定
證券法
- Leung Yuk Kit v SFC (SFAT Application No. 4 of 2021): 在一項由其證券帳戶遭發限制通知書的客戶提出的覆核申請中，代表證券及期貨事務監察委員會行事
- 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《證券及期貨條例》第213條，針對實施鍋爐室詐騙的人士提出的申索中，代表證券及期貨事務監察委員會行事
- SFC v Andrew Liu & Ors [2022] HKCFI 697; [2018] 1 HKLRD 320: 在一宗按《證券及期貨條例》第214條提出，索取針對一上市公司的不同董事的賠償令及取消資格令的申索中，代表證券及期貨事務監察委員會行事
- SFC v Yiu Hoi Ying Charles & Ors [2021] HKCFA 41; (2018) 21 HKCFAR 475: 在一宗針對一上市公司的董事及公司秘書進行內幕交易的申索中，代表證券及期貨事務監察委員會行事
- Zhou Ling v SFC (SFAT Application No. 5 of 2020): 在一項由其證券帳戶遭發限制通知書的客戶提出的覆核申請中，代表證券及期貨事務監察委員會行事
- Yi Shun Da Capital Ltd v SFC (SFAT Application No. 4 of 2020): 在一項由保薦人提出針對證券及期貨事務監察委員會因保薦人缺失而譴責及罰款的決定的覆核中，代表證券及期貨事務監察委員會行事
- Pang Hon Pan v Hong Kong Monetary Authority (SFAT Application No. 4 of 2019): 在一項就一銀行家因其遭紀律處分行動而申請覆核的程式中，代表香港金融管理局行事
- SFC v Tong Shek Lun & Ors [2020] HKCFI 435: 根據《證券及期貨條例》第214條，在一宗針對不同董事的賠償令及取消資格令申索的Carecraft程式中，代表證券及期貨事務監察委員會行事
- 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: 根据《證券及期貨條例》第213條，在一宗針對實施鍋爐室詐騙的人士提出的申索中，代表證券及期貨事務監察委員會行事
- SFC v Li Han Chun & Ors [2019] HKCFI 1966: 代表被告人申請提高由證券及期貨事務監察委員會提出的《證券及期貨條例》第213條申索下強制令所規定的法律費用可用額度
- SFC v Sun Min [2017] 4 HKLRD 211: 根據《證券及期貨條例》第213條，在索取內幕交易者向交易對方所付交易款的申索中，代表證券及期貨事務監察委員會行事
- SFC v Yin Yingneng Richard & Ors [2015] 5 HKLRD 530: 在一宗按《證券及期貨條例》第214條提出，索取針對一上市公司的不同董事的賠償令及取消資格令的申索中，代表證券及期貨事務監察委員會行事
- SFC v Qunxing Paper Holdings Company Ltd [2014] 3 HKLRD 181: 在一項《證券及期貨條例》第214條下的禁制令的更改申請中，代表證券及期貨事務監察委員會行事
- SFC v Hontex & Ors (HCMP 630/2010): 在一宗因洪良國際涉嫌於全球股份認購的招股章程中誇大營業額及利潤，證券及期貨事務監察委員會根據《證券及期貨條例》第213條要求宣佈性質的濟助及複還性質的濟助的申索中代表被告人行事
- Market Misconduct Tribunal Inquiry Proceedings into dealings in the shares of Citic Ltd (2017): 在一場歷時五十三天，有關股份交易的市場失當行為的研訊中代表中信股份前財務總監行事
- Market Misconduct Tribunal Inquiry Proceedings in relation to the securities of Yorkey Optical International (Cayman) Ltd (2017): 代表證券及期貨事務監察委員會處理涉及違反《證券及期貨條例》第XIVA部披露內幕消息規定的調查
- Market Misconduct Tribunal Inquiry Proceedings into dealings in the shares of Bank of China Ltd and China Construction Bank Corporation (2014): 代表證券及期貨事務監察委員會處理涉及銀行股份內幕交易及虛假交易的調查
- Peter Leung v SFC (SFAT Application No. 7 of 2013): 代表證券及期貨事務監察委員會處理一名持牌人就暫時吊銷牌照決定的覆核申請
- 代表原告處理在開曼群島投資基金的股份贖回糾紛
- 代表證券及期貨事務監察委員會及數間上市公司處理《證券及期貨(在證券市場上市)規則》第9條下恢復交易的申請
- 代表一名上市公司前執行董事處理香港交易所對其展開的紀律處分程式
- 代表數名人士處理證券及期貨事務監察委員會及香港金融管理局展開的調查及會面
- 就加密貨幣合規事宜提供法律意見
信託
- RB International Investments Asia Ltd & Anr v APAC Investment Holdings Ltd & Ors [2019] HKCFI 2922: 代表原告人申索有關價值超過4.9億的上市公司股份為原告人的絕對權益而以信託形式持有
- 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): 代表原告人申索有關公司股份為死者的遺產管理的絕對權益而以信託形式持有，並追討損害賠償
- Speed Sourcing Ltd & Ors v Rainbow State Investments Ltd & Ors (HCA 2298/2013): 代表被告人處理就原告人追討土地財產及申索有關股份以信託形式持有之事宜
- 代表數名被告人處理信託受益人就違反受信責任、明知接收信託財產、不誠實協助，及串謀的申索
白領犯罪
- Ferrari North America, Inc v Changhon International Energy Co., Ltd & Ors [2019] HKCFI 2318: 代表案中一名被告人處理有關互聯網欺詐的申索
- Arrow ECS Norway AS v M Yang Trading Ltd & Ors [2018] HKCFI 975: 代表案中一名被告人處理有關互聯網欺詐的申索
- Ubiquiti Networks International Ltd v Chan Kim Chuen & Ors (HCA 1606/2016): 代表案中一名被告人處理有關互聯網欺詐的申索
顯示更多案例
法律評級機構指南排名
聶資深大律師在以下法律評級機構指南中獲得以下類別的評級：
《錢伯斯指南》
- 商業糾紛解決
《法律500強》
- 商業糾紛
- 監管、調查與犯罪行為
- 競爭
《法律界名人錄》
- 推薦大律師： 中國內地，香港特別行政區，澳門特別行政區 – 商業訴訟領域
- 未來領袖： 商業訴訟領域 – 未來領袖 – 非合夥人
法律評級機構指南摘錄
“聶資深大律師處於其頂峰狀態；儘管幾年前才晉升為資深大律師，他已是居香港市場前列的商業資深大律師之一。 他經常一絲不苟、不遺餘力地準備聆訊及審訊，深得香港司法機構的信任。”（商業糾紛）
“聶資深大律師很容易相處，並且對法律有非常透徹的了解。 他總是對法庭的提問做好萬全準備，並具有卓越的盤問技巧。」”（監管、調查與犯罪行為）
“聶資深大律師將他作為大律師及律師處理商業監管糾紛的豐富經驗帶到競爭法領域。 他富有智慧，而且善於與客戶溝通。”（競爭）
法律500強 (2024)
“履德大律師事務所的聶心平資深大律師經常因其在證券相關案件中的優秀表現而得到嘉許，他亦頻繁代表證券及期貨事務監察委員會。他廣泛的執業範圍還包括公司法、股東糾紛、專業疏忽和破產事務。”
優勢
“聶資深大律師工作品質絕頂且友好。 他是我處理跨國複雜商業糾紛和監管調查的首選。”
“聶資深大律師是我在香港的首選。”
“聶資深大律師很敏銳而且總是十分謹慎。”
錢伯斯指南 (2024)
學歷
- 阿德萊德大學經濟學學士（1994年）
- 阿德萊德大學法學士（一級榮譽）（1996年）
- 南澳大學法律實務畢業證書（1997年）
曾獲獎項
- 澳洲執業會計師公會財務會計IA及IB獎(1991)
- 計量經濟學III獎(1992)
- Howard Zelling行政法獎(1994)
其他專業資格
- 英國皇家特許仲裁員協會資深會員 (2020年)
- 英國有效爭議解決中心認證調解員（2010年）
- 新南威爾士最高法院律師（1998年）（非執業）
- 南澳大利亞最高法院大律師及律師（1997年）（非執業）
任命及職務
任命
- 高等法院暫委法官（2023年五月，2024年1月）
- 高等法院原訟庭暫委副司法常務官（2019年10月，2021年2月）
- 區域法院暫委法官（2018年4月，2019年7月，2021年10月）
- 海外大律師資格考試考官（卷五：專業操守）（2018年，2020年）
- 新南威爾士最高法院斯珀林法官的司法助理（1997年）
職務
- 香港國際仲裁中心仲裁員名單成員（自2022年起）
- 香港大律師公會仲裁委員會副主席（自2022年起）
- 一邦國際網上仲調董事會成員（自2022年起）
- 香港大律師公會金融及證卷法專業委員會主席（2019年至2021年）
- 香港大律師公會金融及證卷法專業委員會成員（2016年至2018年，2022年起）
- 香港大律師公會公司法專業委員會成員（自2018年起）
- 香港大律師公會大律師行為守則常委會成員（自2017年起）
- 香港大律師公會公民教育常委會成員（自2012年起）
出版刊物
- 《香港民事訴訟程式》特約編輯（自2009年起）
- 《證券及期貨條例: 評論和注釋》（第571章）特約編輯（自2015年起）
- 《支付系統及儲值支付工具條例》（第584章）注釋者（2019年）
語言
- 英語, 廣東話及普通話
殷志明
大律師
認許年份：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.
近期案例精選
- 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)
其他精選案例
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)
顯示更多案例
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)
李煥文
大律師
認許年份：1999
Thomas Lee is a highly regarded advocate, arbitrator and adviser. He works across a broad range of commercial disputes, principally in construction, fraud and asset tracing, professional negligence and employment.
He is usually sole advocate in difficult matters. He is also 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 for over 30 years.
He serves extensively on professional bodies: the Arbitration Committee of the HK Bar Association; the Construction Committee of the HKBA; and the Council of the Society of Construction Law Hong Kong, since 2003 (Chairman in 2007). He is a panel member of the Barristers’ Disciplinary Tribunal.
Thomas is ranked as a leading commercial disputes junior (Tier 1) by Legal 500 (2022, 2023, 2024) and by Chambers & Partners (2024). He is also ranked as leading construction junior (Tier 1) by Legal 500 (2022, 2023, 2024) and is recommended by Doyle’s Guide in construction (2017, 2020, 2021, 2022).
近期案例精選
- AI & ors v LGII & anr [2023] 4 HKC 135: acted for applicants in setting aside proceedings following a US$500 million arbitral award, based on: scope of submission; adequacy of reasons; ability to present case; and public policy.
- Insurance regulatory: acted for directors and shareholder in HK insurance regulatory proceedings (2023).
- Construction arbitration: acting for a public sector client defending a claim arising from the termination of a major infrastructure design services contract (2023).
- Marasinghe v Director-General of Civil Aviation [2022] HKCFI 2483: acting in an ongoing judicial review. Leave granted on actual and apparent bias grounds. Document disclosure and cross-examination being argued.
- ZPMC-Red Box Energy Services Ltd v Philip Geoffrey Adkins [2021] HKCFI 3501: acted for corporate defendants in 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 [2021] HKCFI 286: acted for the liquidators in opposing the bank’s application to discharge a banker’s books order.
其他精選案例
Arbitration
Recent or notable assignments:
As tribunal
- Sole arbitrator in a construction arbitration between an Australian contractor and an HK sub-contractor – HKIAC Domestic Arbitration Rules.
- Sole arbitrator in a dispute arising from a failed investment in Iceland between a BVI / US party and a PRC party – HKIAC Administered Arbitration.
- 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 DomesticArbitration Rules.
As other neutral
- Conducted about 20 mediations in commercial, banking and construction disputes.
- Often appointed by the court as examiner for depositions in HK, most recently for high-value litigation in Australia (Victoria), Canada (British Columbia) and the United States (Delaware, New York).
As counsel
- Counsel in an arbitration between a developer and a main contractor on an HK commercial development.
- Counsel in an arbitration for a public sector client defending a claim arising from the termination of a major infrastructure design services contract.
- Counsel in potential arbitration proceedings between shareholders in an HK investment advisory business.
- 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.
Selected cases:
- AI & ors v LGII & anr [2023] 4 HKC 135 (arbitration; setting aside; scope of submission; adequacy of reasons; ability to present case; and public policy).
- ZPMC-Red Box Energy Services Ltd v Philip Geoffrey Adkins [2021] HKCFI 3501 (Commercial; joint venture; multi-party dispute; stay to arbitration).
- 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 at 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, submissions and representation for a public sector client defending a claim arising from the termination of a major infrastructure design services contract (arbitration).
- Advice on construction sector legislation for a public sector client.
- Advice and representation for a private developer on claims arising from termination, delay, defects and valuation (arbitration).
- 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:
- Golden Way Engineering Development Ltd v GWP Engineering Ltd [2024] HKDC 32 (Stay to arbitration; construction).
- 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)
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).
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).
Regulatory, judicial review and planning
- Insurance regulatory: acted for directors and shareholder in HK insurance regulatory proceedings (2023).
- Marasinghe v Director-General of Civil Aviation [2022] HKCFI 2483 (Judicial review; leave; actual bias; apparent bias) [2019] 5 HKLRD 661 (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
- “A highly-regarded senior junior, he is a good advocate and always very well-prepared.”
- “He is great with clients” and “very personable”.
- “Thomas is a responsive and seasoned arbitrator with extensive experience in construction disputes.” Thomas is “a thoughtful and considered arbitrator”.
- “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.”
- “Thomas is an able and impressive advocate as well as a hardworking and knowledgeable junior counsel.”
- “His vast experience is what sets him apart; he is an ideal “one-stop shop” for sizeable construction companies.”
- “An excellent and determined advocate, who presents his case in measured yet very clear terms.”
- “Thomas is very client focused, modern, and approachable.”
- “Thomas conducts meticulous oral advocacy and will not miss any points.”
- “In terms of client service and delivery rates, he’s extremely strong. With his modern service and ability to get on with clients and tribunals, he does very well.”
- “Thomas is versatile and intelligent: our go-to advocate in both complex commercial disputes and large-scale construction cases.”
- “He has the respect of the court here. He’s very good, very steady, very polished and very pragmatic on fees”.
顯示更多案例
APPOINTMENTS AND MEMBERSHIPS
- Chartered Arbitrator, FCIArb and FHKIArb.
- Hong Kong International Arbitration Centre (Member, Panel of Arbitrators) (Member, Appointments Committee).
- International Chamber of Commerce (Member, ICC-HK Standing Committee on Arbitration and ADR).
- Hong Kong Mediation Council (Member and accredited HKMAAL mediator).
- Deputy District Judge (June 2011).
- Hong Kong Bar Association Committees on International Practice, Arbitration and 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 & SPEAKING ENGAGEMENTS
- 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 often speaks on international arbitration. Recently presented on hybrid med-arb procedures (LawAsia Bengaluru 2023); reconsidering factual witness evidence (SCLHK International Conference); presentation of expert evidence (CIOB Masterclass); reciprocal enforcement of judgments and awards between Hong Kong and the Mainland PRC (several forums, including APBA and HKIAC). Forthcoming presentation on recent HK and Singapore decisions setting aside arbitral awards. Forthcoming paper on rethinking the duties of party-appointed tribunal members.
- Thomas has delivered lectures or tutorials on construction law for the HKBA; the CIArb EAB; and the CUHK Architecture Faculty.
EDUCATION
- LLB, University of Queensland, Australia
- BA (Hons), University of Queensland, Australia (Thomas Morrow Prize; Lions O’Grady Memorial Scholarship)
梁凱思 (女士)
大律師
認許年份：2002
梁大狀是本港公司民事訴訟屢獲勝訴並擁有豐富資歷的大律師。執業至今備受客戶認可及讚譽，並多次再獲委託處理各類案件。
梁大狀擅長處理企業糾紛相關的訴訟，涵蓋範圍廣泛，從商業合約糾紛，以至更為複雜且在本港常見的私人公司股東糾紛，以及稅務、保險事項、知識產權及土地相關業權和擁有權糾紛等等。梁大狀同時被評選為「商業糾紛」、「知識產權」，以及「家事及私人客戶」領域的《法律500強》大律師，引證其於眾多領域的成就以及為客戶提供多方面法律意見的能力。
梁大狀具備豐富的專業知識，並熟悉最新法律條例，在處理複雜案件方面經驗豐富，能夠滿足本地與跨國客戶的要求。她曾修讀會計及金融，有助她更清楚了解有關商業案件的細節及背景。梁大狀能言善辯，凡事注重細節，善於巧妙拆解爭議困局，並能夠迅速應對難以處理的不利證據和構思扼要論點。除了法律技巧外，梁大狀在提供專業意見時，會從客戶的角度出發，因此與客戶及委託人均能建立長久而穩固的友好關係。
梁大狀精通英語、廣東話及普通話。
近期案例精選
- 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：代表新的大股東阻止被逐出該公司的董事局及管理層。該公司（恆香老餅家）是一家傳統餅店，憑藉其唐餅產品在全球華人社區建立良好信譽和聲譽。自2011年以來，該公司捲入了超過20宗不同股東／持份者之間的法律訴訟，導致該公司於2019年被接管。在為大股東提供意見和提出訴訟後，他們最終獲得對該公司的控制權，並反對有關使股東大會失效決定的申請，以及有關進行修訂以引入時限已過的申索申請。兩宗案件均曾上訴，並先後被駁回。
- Zief Inc v Tekchandani Ajai Mohan & Ors [2021] 3 HKC 69：代表原告手機應用程式供應商（其被欺詐電郵欺騙，並將款項傳送至香港一名鑽石商的銀行賬戶）。原告成功抵抗鑽石商提出真誠賣方的抗辯，並在審訊中勝訴，以及獲彌償訟費和提高利息。
- Karupayee Ammal (as adminstratrix of the estate of Karupayee Selveraj, deceased) v G Toys Manufacturing Ltd [2020] HKCFI 912：代表原告遺產管理人成功獲頒令強制公司轉讓死者的股份並以她的名義登記，以及更正公司的股東名冊。
- Jewrim Ltd & Anor v S&C Ltd & Anor [2020] HKCFI 1983：代表被告成功解除原告基於俄羅斯原告人重大不披露事項的平行訴訟中，所提出的馬雷瓦強制令（資產凍結強制令），並獲彌償訟費。
其他精選案例
民事欺詐
梁大狀在提出和抗拒欺詐申索（包括跨司法管轄區申索）方面經驗豐富，經常獲委託取得強制令，以及附屬披露令和資產保全令。
- Zief Inc v Tekchandani Ajai Mohan & Ors [2021] 3 HKC 69：代表原告手機應用程式供應商（其被欺詐電郵欺騙，並將款項傳送至香港一名鑽石商的銀行賬戶）。原告成功抵抗鑽石商提出的真誠賣方的抗辯，並在審訊中勝訴，以及獲彌償訟費和提高利息。
- Jewrim Ltd & Anor v S&C Ltd & Anor [2020] HKCFI 1983：代表被告成功解除原告基於俄羅斯原告人重大不披露事項的平行訴訟中，所提出的馬雷瓦強制令（資產凍結強制令），並獲彌償訟費。
- UNA Trading Fze v Hong Kong Numismatic Promotion Co Ltd & Ors (HCA 1048/2018)：代表位於迪拜的原告公司，向聲稱是收取價值及不知悉情況的真誠賣方的被告追回因欺詐電郵而在錯誤情況下所支付的款項。
- Banco del Austro v Regal Prosper Trading Limited & Ors (HCA 477/2015)：代表原告銀行就涉及金額超過900萬美元的電子銀行欺詐中所得款項，取得針對被告的單方面馬雷瓦強制令（資產凍結強制令）及諾里奇藥商令（在侵犯知識產權案中，下令無過失的第三方披露文件的命令）。
商業糾紛／公司事宜及股東糾紛
梁大狀是商業糾紛案件的專家，在處理不同陣營股東方面擁有豐富經驗。她經常獲委託處理各種臨時申請，例如剔除、簡易判決、不同類型的執行申請和審訊工作。
- 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債務人的命令。
- 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：代表新的大股東阻止被逐出該公司的董事局及管理層。該公司（恆香老餅家）是一家傳統餅店，憑藉其唐餅產品在全球華人社區建立良好信譽和聲譽。自2011年以來，該公司捲入了超過20宗不同股東／持份者之間的法律訴訟，導致該公司於2019年被接管。在為大股東提供意見和提出訴訟後，他們最終獲得對該公司的控制權，並反對有關使股東大會失效決定的申請以及有關進行修訂以引入時限已過的申索的申請。兩宗案件均曾上訴，並先後被駁回。
- Karupayee Ammal (as administratrix of the estate of Karupayee Selveraj, deceased) v G Toys Manufacturing Ltd [2020] HKCFI 912：
代表原告遺產管理人成功獲頒令，強制公司轉讓死者的股份並以她的名義登記，以及更正公司的股東名冊。 - Christian Emil Toggenburger & Ors v Luu Hung Viet Derrick & Ors HCA 815/2009、CACV 218/2012（李煥文大律師為首席大律師）：代表原告向被告提出失實陳述／復還申索，涉及金額超過1億港元。
- On Sky Enterprise (HK) Ltd v Lanco International Holdings & Ors HCA 529/2010 HCMP 921/2010（何沛謙資深大律師為首席大律師）：
代表被告以訴訟程序中無人作出行動為理由申請撤銷訴訟。 - Yuen Kee Ho Gold Jewelry Accessories Co. Ltd & Anor v Qiao Feng Holdings Ltd & Ors (HCA 406/2014)：代表原告就設立業務競爭、員工挖角和招攬客戶取得針對董事的強制令；及就相關的清盤和婚姻法律程序提供意見。
- Hummingbird Music Ltd v Dino Acconci & Anor [2007] 4 HKLRD 79及Hummingbird Music Ltd v Dino Acconci & Anor [2010] 1 HKLRD 587（何沛謙資深大律師為首席大律師）：代表被告藝人抵抗限制他們在合約期限屆滿前為他人工作能力的強制令，並取得針對其唱片公司／經理人的限制令，以限制他們非法干涉他們與他人的業務。
土地
- Max Win Development (HK) Limited v Lam Ngok Hing & Ors LDCS 37000/2019（何沛謙資深大律師為首席大律師）：代表其中一名答辯人抵抗強制徵用令，並就《土地（為重新發展而強制售賣）條例》（第545章）第3(1)及(2)條的詮釋進行爭辯。
- Kingdom Miles Limited v Ever Crystal Ltd [2018] HKCA 967 及Kingdom Miles Limited v Ever Crystal Ltd [2017] 2 HKLRD 732（陳景生資深大律師為兩案的為首席大律師）：代表原告尋求裁定，在欠缺業權文件下有關要求的答覆是否充分，以及妥善的業權是否顯示。
- The Grande Properties Management Ltd v Sun Wah Ornament Manufactory Ltd (2006) 9 HKCFAR 462（何沛謙資深大律師為首席大律師）：就多數業主通過之有追溯力決議的有效性問題，代表原告處理樓宇管理事宜。
破產
- Re Gabriel Ricardo Dias-Azedo [2013] 4 HKLRD 549：代表出資債權人以與呈請訟費相同的優先權從破產人的產業中取得款項。
- Re Y Ltd (HCMP 2418/2013)：代表清盤人取得許可，向無力償債公司的核數師發出保護令狀及相關的禁言令。
知識產權
- Hang Heung Cake Shop Co. Ltd v Cheng Hung Kit (HCIP 61/2020)：代表原告麵包店公司對前董事銷售偽冒產品侵犯公司知識產權進行申索。
- JK Holdings Ltd v Activator Co Ltd (HCA 1896/2020)：代表得獎電影《怪胎》的台灣電影監製及導演就香港電影監製的版權侵犯及假冒申索進行抗辯。
- Butao Ramen Limited & Ors v Ikuta Satoshi & Anor (HCA 1064/2013)：代表原告起訴董事，控告其利用原告的商譽、商標及品牌建立競爭業務。
稅務
- Ngai Lik Electronics Co Ltd v The Commissioner of Inland Revenue (2009) 12 HKCFAR 296（何沛謙資深大律師為首席大律師）：代表稅務局處理涉及避稅計劃的申索。
保險
向永明保險及中國太平保險提供意見，服務包括審閱其合約條款以及就其與監管機構的合規問題提供意見，涵蓋一系列保險產品。
遺囑認證／精神無行為能力
梁大狀經常獲委託就遺囑認證及／或精神上無行為能力問題之相關事宜提供意見，以及申請各種命令，包括管理精神上無行為能力人士的財產及事務、訴訟待決期間遺產管理人、為收存財產而作出授予等。
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教育
- 商業及法律雙學位學士（澳洲新南威爾士大學）
呂琬琳 (女士)
大律師
認許年份：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, 2023, 2024)
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
大律師
CEDR 認可調解員
認許年份：2007 | PRC：2009
王漓大律師是香港迴歸後首批在香港賽馬會獎學金計劃支持下，由內地高校赴港攻讀學位的頂尖學子之一。
2024年《法律500強亞太區榜單》（The Legal 500）將王大律師列爲民商事爭議解決領域第一級別的香港大律師。
以普通話爲母語，並同時擁有中港兩地的法律教育背景及法律職業資格，王大律師在跨境爭議解決方面具有得天獨厚的知識和技能，也在實務中積累了處理跨境訴訟和仲裁案件的豐富經驗，例如：合同糾紛、公司股東糾紛、公司事務糾紛、證券法糾紛及家庭糾紛等。
王大律師熟知兩地的司法及商業實踐，因而能夠快速全面地瞭解大陸客戶所需，提出切實可行的解決方案，並能有效的將大陸客戶的訴求和相關事實背景呈現給香港法庭及仲裁庭，代表大陸客戶開展有策略性的香港法律程序。同時，他亦能用簡明易懂的方式向大陸客戶、大陸法院或仲裁庭介紹和闡釋香港法。因此，王大律師經常作爲香港法專家給大陸法院及仲裁庭提供專家報告，亦多次受邀爲大陸的法律界人士，包括法官，律師，學生等提供香港法有關的培訓，講解普通法。
王大律師的專業知識和技能獲得香港法庭，政府機關等的高度認可，有幸受邀作爲法庭之友協助香港法庭處理案件；出任暫委區域法院法官；亦經常獲邀代表香港政府，香港證監會，香港僱員補償援助基金管理局等官方或半官方機構爲其提供各項法律意見及法律服務。
此外，王大律師在信託、保險、土地、遺囑等其他爭議解決方面均有涉獵。
近期案例精選
近期亮點包括
- 代表一家美國上市公司的創始人，與中國知名券商就價值數千萬美元的借貸，股轉債，股份回購等協議條款的執行問題參與於香港國際仲裁中心進行的仲裁程序。爭議內容包括多合同進行單一仲裁的可行性，以及合同本身的可執行性及有效性等。
- Achieve Goal Holdings Ltd v. Zhong Xin Ore-Material Holding Co Ltd HCA 41987/2005 (相關案件：HCA 1315/2012, HCA466/2012，HCCT 41/2010, HCA 1987/2005, CACV 6/2019, FAMV 163/2020, BVIHC(COM) 2023/0068等) ：一系列爲爭奪價值數十億的山西某處煤礦控制權和所有權而產生的股東爭議。該案涉及仲裁裁決的執行、合同解釋、借貸合同及相關擔保的效力，中國稅法、欺詐及不實陳述，禁訴令，清盤令等一系列相互交織的法律問題以及中，港，維京羣島等多地的訴訟，仲裁，判決，裁決等的效力以及執行問題。
- Employees Compensation Assistance Fund Board v. Fong Chak Kwan FACV 5/2022 – 就《高等法院條例》（第4A章）第11號命令第1(1)(f)條下，對於香港法庭的域外司法管轄權範圍的定義的最新權威性案例。
其他精選案例
商業及公司糾紛
- Daimler AG v Herbert Heinz Horst Leiduck and Anor, HCA 4089/1994, CACV 172/2011：一起基於國際貨物買賣合同而產生的涉及衆多法律轄區的商業爭議。該案的焦點法律問題包括：資產凍結令（Mareva Injunction）、欺詐、法律特權、書面質詢、事先令制裁（sanctions of pre-emptive order），證人資格等。
- 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號, 5號) 標的爲3億美金著名餐飲品牌俏江南的股東爭議。涉及中國大陸法，香港法， 新加坡法，美國法等，相關法律訴訟及仲裁程序遍及內地，香港，新加坡，美國等地。
- Ver, Roger Keith v. OKEX Fintech Company Limited & Xu Mingxing CACV 630/2020, HCA 2439/2016 – 比特幣巨頭Roger Ver以及徐明星之間就域名www.bitcoin.com 的運營與控制權的爭議。
- Yingde Gases Investment Ltd v Shihlien China Holdings Co Ltd HCA 2059/2012：一起跨境合資企業合夥人之間關於工廠建設的商業糾紛。該案涉及中國大陸法、香港法和臺灣法；焦點問題包括：法律管轄、仲裁條款以及合同解釋等。
國際仲裁
- 代表行業領先的網約車公司的多位股東就多份公司股份買賣合同的爭議在香港國際仲裁中心進行仲裁。合同總值約1.2億美金。
- 代表一家中國背景的投資基金參與就世界馳名的米其林星級連鎖餐廳的商標，商譽，商業祕密以及經營權的爭奪。相關爭端涉及中國大陸，香港，法國等多地多機構(香港國際仲裁中心，上海國際仲裁中心，中國國際經濟貿易仲裁委員會等)的訴訟和仲裁。
- 代表一家中國背景的投資基金，參與於香港國際仲裁中心進行的仲裁程序，並針對該案的多位分屬不同國家的被告方在多地獲得仲裁財產保全命令。該案主要涉及互聯網科技企業股份買賣合同以及股東協議下的糾紛。
- 代表一家外資房地產開放商，參與於中國國際經濟貿易仲裁委員會的仲裁程序，該案涉及大陸房地產項目的買賣合同糾紛，爭議內容包括建築承包協議的解釋，執行以及建築費用的計算等。
- Wu Kexuan v Jiang Jinzhi CAMP 279/2023, HCPI 127/2020 [2023] HKCFI 166; [2024] HKCA 215 較特殊的香港仲裁中心仲裁及法庭訴訟平行進行的爭議。爭議雙方均嘗試阻止或對方提起的程序繼續進行。涉及一系列複雜的法律以及策略上諸多有關仲裁及訴訟交集，互動的議題。
- 代表一家國企，參與於香港國際仲裁中心進行的仲裁程序，該案主要涉及機械買賣合同的履行。
- 代表一家臺灣上市企業，參與於香港國際仲裁中心進行的仲裁程序以及執行程序，該案件主要涉及電子領域的貿易合同履行的糾紛。
- 代表一家國有能源企業，參與一系列於新加坡國際仲裁中心進行的仲裁程序，內容涉上百合同及數十億美金的大額能源商品貿易的爭端。
土地及信託糾紛
- Lawin (HK) Ltd v Ng Yau Fong Yvonne and Ors [2022] 2 HKCFI 410 – 代表一衆買家在一系列由於發展商內訌產生的歷時十數年的訴訟爭議中摒除發展商各方的干擾，維護買家的利益。期間涉及各項複雜的法律和事實議題包括屋宇建設，建築費用的計算和抵消，合夥，聯營企業，代理人授權，房屋買賣的特殊規定和實操，授信責任，土地買賣的有效性等。
- 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後關於法庭訴訟費用的代表性案件。
- New Champion (HK) Ltd v Treble & Triple Ltd, HCA 2691/2008：一起物業交易糾紛，主要涉及買賣合同中“例外條款”的解釋。
保險及人身傷害糾紛
- Lo Siu Wa v Employees Compensation Assistance Fund Board and Anor FACV 12/2017 [2018] CFA 3：一起保險單解釋的指導性案件，主要涉及領域爲僱員補償及人身傷害。
- So Yuk Kam v Liu, Chan & Lam (a firm) and Another CACV 105/2014：一起人身傷害案件，主要涉及事務律師事務所專業疏忽，以及對《僱員補償援助條例》（第365章）中僱員補償援助基金管理局職責和義務的理解。
家事糾紛
- W v C [2013] 2 HKLRD 602：作爲法庭之友（由法官指定，協助法庭解決特定問題的法律專家）在一個離婚程序中協助法庭解決居籍問題、離婚申請的法律管轄權問題以及不便管轄原則的適用問題。
- Y v W, FCMC 1847/2011：一個在婚姻糾紛中提起管轄權反對的案件，該案是自《居籍條例》（第596章）在香港生效以來的第一次法庭分析及適用，此案亦涉及中國大陸法法律意見。
其他
- Re: Man Wah Tong, a Religious Tong, HCA 595/2019, HCMP 496/2017 代表相關人士成功揭露有上百年曆史的古剎竹林禪院的管理層過去十數年的一系列違法違規作爲，引入律政司的介入，獲取更佳管理命令以更換整個管理層。過程涉及對律政司慈善保護人的地位和責任，華人廟宇的管治，慈善堂章程的效力，成員及管理層的權利及義務等議題。
- Secretary for Justice v Chan Thao Phoumy and Another, HCMP 1895/2007：代表香港律政司司長，在香港申請對廣州中級人民政府做出的沒收令的執行，該申請在兩地具有里程碑式的意義。
評級機構點評
- “王大律師急客戶所急，想客戶所想，並提供完善的策略性建議。他能在全面掌握案情的基礎上作出的簡明扼要、一針見血的法律陳詞”《法律500強亞太區榜單》（The Legal 500 2022）
- “王大律師的訴訟準備慎思，熟慮，全面，透徹” (2023)
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職務與專業資格
其他專業任職
- 區域法院暫委法官
- 英國特許仲裁師公會成員
- 深圳國際仲裁院仲裁員
- 廈門仲裁委員會仲裁員
- 香港大學法學院兼職講師
- 北京大學法學院兼職講師
- 北京大學國際法學院兼職講師
專業資質
- 於2007年取得香港大律師資質
- 於2009年取得中國大陸法律職業資格
- CEDR認可調解員
學術背景
- 清華大學，法律學士（後轉學至香港大學）
- 香港大學，法律學士
- 香港大學，法學專業證書
陳志剛
大律師
認許年份：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 involving complex elements which require a multi-disciplinary analysis.
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 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 BSocSc (Government & Laws), LLB and PCLL from the University of Hong Kong, and his LLM from the London School of Economics. He has 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.
近期案例精選
- Market Misconduct Tribunal inquiry re China Forestry Holdings Co. Ltd. (delisted) : Acted for the former CEO in the inquiry in respect of publishing false or misleading information inducing transactions and insider dealing
- 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 of charging order and equitable assignment of sale proceeds
- 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 the former CEO of a listed company in a proprietary claim brought by the liquidator
- 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
其他精選案例
Financial Regulations
- Securities and Futures Commission v Jia Yueting & Ors, HCMP 1074/2021: Acted for a former executive director of Coolpad Group Limited in the SFC’s enforcement proceedings involving allegations of misfeasance and wrongful handling of Coolpad’s funds in an attempt to avert the liquidity crisis of the LeTV group of companies.
- 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 the burden of proof in an inquisitorial inquiry by a tribunal
- Securities and Futures Commission v Wong Yuen Yee & Ors [2017] 1 HKLRD 788: Appeared for the respondents in a decision concerning the proper approach to discovery in disqualification proceedings; [2019] HKCFI 2463: Appeared in subsequent hearing involving the Carecraft procedure
- Securities and Futures Commission v Yik Fong Fong & Ors, HCA 2524/2016: Acted for the respondents in an insider dealing claim (pre-trial)
- 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 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
- Chow Sang Sang Securities Limited v Shen Shuai [2023] HKCFI 453: Acted for the defendant in a $470 million dispute concerning setting aside of a guarantee
- 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 and allegations of undue influence
- New Front Developments Ltd v Alpha Giant Ltd [2021] HKCFI 707; [2021] HKCFI 708: Acted for the plaintiff in a dispute involving “repo” financing and appeared in ancillary High Court proceedings in aid of arbitration
- 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
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
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 approach to assessment of value of shares disposed by the bankrupt at an undervalue
- 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 bankruptcy petition and an injunction application concerning the transfer of company share by the bankrupt allegedly at an undervalue
- 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 of a dispute involving easement and interference with enjoyment of right of way
- Yip Kwok Sun v Poly Style Ltd [2018] HKDC 437: Appeared for the registered owner in the trial of an adverse possession claim
Professional Duties and Civil Contempt
- Delco Participation BV v Stephenson Harwood (a firm) [2019] HKCFI 410: Appeared for a law firm against an ex-client which sought extensive pre-action discovery of the firm’s file after termination of the relevant retainer.
- 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 proof in 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 a high-profile trial and the subsequent appeals involving the former Chief Secretary and Sun Hung Kai Properties for conspiracy to commit misconduct in public office
- HKSAR v Lau Kam Ying (2013) 16 HKCFAR 595: Appeared for the defendant in the Court of Final Appeal involving prosecution 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 connection with share option transactions involving a listed company
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Appointments, Memberships and Prizes
Appointments
- Member, Bar Council (2012, 2021, 2022, 2023, 2024)
- Member, Standing Committee on Legal Education and Training (since 2023)
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)
Kim Rooney
BARRISTER and ARBITRATOR
Call: 2010
Kim M Rooney is a barrister, international arbitrator and mediator. Her practice focuses on serving as an arbitrator in complex and high value disputes in the aviation, commercial, construction energy, finance, infrastructure, IPR investment Information and Communications Technologies (ICT) sectors. She is regularly appointed as an emergency arbitrator and as an arbitrator in expedited proceedings.
An ICC International Court of Arbitration member, Kim chaired the Hong Kong Law Reform Commission’s Subcommittee on Third Party Funding for Arbitration, co-drafting Part 10A of the Arbitration Ordinance Cap 609 and the Hong Kong Code of Conduct for Third Party Funding for Arbitration which implemented third party funding of arbitration in Hong Kong. Before moving to become a Hong Kong barrister in late 2009, Kim was a partner of White & Case LLP, heading its Asian dispute resolution practice. She has been practicing in Hong Kong since July 1990 when she worked on contentious insolvency at Baker & McKenzie. Kim is also admitted as a Western Australia Barrister and Solicitor and a Solicitor in England and Wales.
Kim’s work as an arbitrator is regularly recognized in international directories. Who’s Who Legal Arbitration 2023 includes the following quotes:
“As arbitrator you are left with total confidence that Ms Rooney has got to grips with the case right down to the minutiae”
“She has a rigorous intellect, which is carried lightly and coupled with a very diligent approach”
“Ms Rooney is incredibly organised and thorough”
Kim is also a board member of eBRAM Online International Online Dispute Resolution Centre (serving on its executive committee), a member of the Rules Steering Committee of the Hague Court of Arbitration for Aviation, a member of the Council of the Hong Kong Bar Association and chair of its Arbitration Committee. She is the editor of the IBA’s “Dispute Resolution International”, co-author of “ ICCA’S Guide to the Interpretation of the 1958 New York Convention: A Handbook for Judges” (2012) and ADR Contributing Editor for “Hong Kong Civil Procedure”. Kim led an arbitration law reform project in Laos in 1998 (World Bank funded) and a project in the Indonesian public sector reviewing alternatives to litigation and arbitration for investor state disputes from 2013 to 2016 (EU funded).
近期案例精選
Kim Rooney is regularly appointed as chair/presiding arbitrator, co-arbitrator, sole arbitrator, and emergency arbitrator in arbitrations governed by the laws of both civil and common law jurisdictions, and by international conventions, involving aviation, banking and finance, carbon credit, commercial, construction and infrastructure, distribution, energy and power, investment and trade, ITC, joint venture and shareholder, and pharmaceutical disputes, among others. Kim Rooney has sat as an arbitrator under the rules of AIAC, ACICA, HKIAC, ICC, JCAA, ICDR/AAA, LCIA (India), and SIAC, and in ad hoc arbitrations including under the UNCITRAL Rules, governed by the laws of Hong Kong, mainland China and various other Asian, Caribbean, European, Latin American, Russian, South American and North American jurisdictions and by international conventions. She has sat as an emergency arbitrator under various institutional arbitration rules including those of the HKIAC, ICDR/AAA and JCAA.
Kim Rooney’s concluded cases as an arbitrator include arbitrations of:
- Corporate, joint venture and shareholder disputes, among other issues, involving allegations of breaches of joint venture agreements, shareholders agreements, share charges and guarantees, share option agreements, and of corporate governance obligations, involving multiple jurisdictions, including Hong Kong, the Cayman Islands, the British Virgin Islands and mainland China;
- Concession, contractual and commercial disputes involving allegations of breaches of conditions, representations, warranties, fraud, frustration, force majeure, illegality and non-compete provisions;
- Banking and financial disputes involving private and public companies and regulated institutions (including global banks);
- Construction and infrastructure disputes including a dispute arising from the construction, commissioning and operation of a coal fired power station, disputes arising from the construction, commissioning and operation of manufacturing plants in the automotive parts, high technology, electrical and mechanical equipment and pharmaceutical sectors, and contractual disputes among owners, and with contractors and sub-contractors;
- Disputes under supply contracts for petroleum products, iron ore and coal;
- A dispute under a manufacturing and supply agreement for additives and catalysts for the petrochemical industry;
- Pharmaceutical disputes including under manufacturing and sales agreements;
- Satellite and telecommunications disputes including as to disputes arising from the construction of satellite and fixed line networks and disputes under a Digital Transmission Service Agreement.
- Mining disputes in Africa, Mongolia, and Mainland China including as to
- Carbon credit contract disputes;
- Restrictive covenant and other employment disputes;
- Distribution agreement disputes; and
- Royalty and taxation liability disputes.
其他精選案例
Representative Representations as Counsel in Arbitrations
- Co-ordinating Counsel for a North Asian based respondent in an international arbitration of complex finance and construction disputes arising from an infrastructure project in Latin America governed by New York law.
- Representing PT Aria West, a consortium of international and domestic investors involved in an Indonesian telecommunications concession to construct and operate a US$400 million fixed-line network, in its dispute (in an ICC arbitration) with its joint operator, the Indonesian Telecommunications operating agency.
- Representing the Republic of Indonesia in an ICSID arbitration of a dispute relating to the sale of a stake in a state-owned enterprise in the cement industry.
- Representing an Indonesian government ministry in various Asian jurisdictions in proceedings concerning the recognition and enforcement of an award arising out of an energy dispute.
- Representing a Korean conglomerate in a joint venture dispute concerning a natural resources project in Southeast Asia involving more than US$300 million.
- Representing a consortium of foreign investors that had invested more than US$400 million in a Filipino entity that was party to a concession agreement in the infrastructure sector in its dispute with a Filipino governmental agency.
- Representing North Asian investors in a potential investment treaty arbitration arising from the revocation of a license and the expropriation of investors’ interest and rights in mining project.
- Representing the Philippines Government in an ICC arbitration of a dispute concerning the construction of an international airport terminal.
- Representing a North Asian party in emergency proceedings for interim relief in a complex dispute arising from an agreement for sale and purchase of shares in a listed company.
- Representing a multi-national oil company in the arbitration of a dispute concerning the assignment of an interest in a production-sharing contract in North Asia.
- Representing an Asian state-owned enterprise in a dispute with a foreign investor arising from the sale of a state-owned bank involving allegations of breaches of representations and warranties.
- Representing an international telecommunications group in an arbitration of a dispute concerning alleged breaches of patent licenses and the amount of royalties due.
- Representing a North Asian manufacturing group in its claims against a major European manufacturing group in a dispute arising under a sale and purchase agreement for the sale of a group of Asian businesses, which involved issues regarding licensing, manufacturing and delivery of goods in the high-tech sector.
- Representing an international advertising group in a dispute arising from breach of representations and warranties in a sale and purchase agreement involving distribution issues under PRC law.
- Representing an Asian party in a dispute arising from distribution agreements for satellite services.
- Representing an international IT group in a dispute concerning the termination of distributorship agreements in the PRC.
- Representing a foreign investor in Indonesia in a dispute arising from a distribution agreement.
- Representing the sellers of a controlling stake in a publicly listed company in an Asian jurisdiction in a dispute with the purchaser arising from the share sale and purchase agreement.
- Representing a European company in a dispute with Indonesian and Cayman Island entities arising from repayment obligations under a facility agreement relating to the supply and purchase of telecommunications materials and services in Indonesia.
- Representing a North Asian company in a dispute with a major Asian coal producer arising from a contract for sale and purchase of coal by a series of shipments.
- Representing a substantial Southeast Asian investment group in an ad hoc arbitration with a substantial North Asian conglomerate in a dispute involving indemnification claims under an agreement for sale and purchase of shares.
- Representing the respondent in a SIAC arbitration of a contractual dispute for breach of representations and warranties governed by Singapore law.
- Representing a multinational conglomerate in a shareholder’s dispute with a Hong Kong based international group involving, among other things, an unauthorized sale of a US$425 million asset and structuring of the claimed compensation.
- Representing a Sino-Foreign joint venture in the power generation sector in a substantial dispute with a European equipment and service supplier.
- Representing Asian investors in a potential investment treaty arbitration concerning expropriation of their investment in a substantial real estate development.
- Representing an international group in its licensing dispute with North Asian manufacturers of equipment governed by Californian law.
- Representing a Philippine engineering and construction company in a settlement of claims in an arbitration involving construction and engineering contracts for a telecommunications project.
- Representing a Sino-Foreign joint venture in the power generation sector in a substantial dispute with a French equipment and service supplier.
- Representing a European group that was a claimant against a joint venture participant in CIETAC arbitration.
- Representing European and Filipino companies in a dispute governed by ICC Rules with a Filipino company arising from various agreements concerning the supply and purchase of telecommunications materials and services in the Philippines, and a related facility agreement.
- Representing a Thai company in an ad hoc arbitration of a dispute arising from the charter party of a vessel.
- Representing Japanese companies in two ICC arbitrations against Russian companies concerning the breach of restructuring agreements.
Litigation
Kim’s litigation cases while a partner at White & Case LLP included successfully representing Chime Corporation, the Chinachem Group holding company, in Hong Kong litigation commenced by the Joint Liquidators against Mrs. Nina Wang, Chime Corporation and others.
In the early 1990’s Kim was a member of the Baker & McKenzie team in Hong Kong that represented the Joint Liquidators of Carrian Investment Limited in various Hong Kong and cross border litigation arising from the liquidation of various Carrian group members.
顯示更多案例
DIRECTORY RANKINGS
Kim is regularly included in various legal directories including Who’s Who Legal Arbitration 2024, Who’s Who Legal Thought Leaders China & Hong Kong 2023 and Who’s Who Legal Mainland China & Hong Kong 2023.
DIRECTORY QUOTATIONS
Who’s Who Legal Arbitration 2023:
“As arbitrator you are left with total confidence that Ms Rooney has got to grips with the case right down to the minutiae”
“She has a rigorous intellect, which is carried lightly and coupled with a very diligent approach”
“Ms Rooney is incredibly organised and thorough”.
EDUCATION
- B. Juris (1979), LL.B (1980) University of Western Australia
OTHER QUALIFICATIONS
- Barrister and Solicitor of the Supreme Court of Western Australia (1980) (non-practising)
- Solicitor of the Supreme Court of England & Wales (1991) (non-practising)
APPOINTMENTS AND MEMBERSHIPS
Appointments
- ICC International Court of Arbitration – Member (2018 to present)
- ICC International Court of Arbitration – Alternate Member (2016-2018)
- Belt & Road Commission of the ICC International Court (approx. 2019-2022)
- Co-moderator of ICC Asian Advanced Arbitrators’ Academy (2018-2020)
- Chair, Law Reform Commission Subcommittee on Third Party Funding for Arbitration (2013-2016 to its conclusion)
- Member, Department of Justice’s Working Group on Checklist for Outcome Related Fee Structures (June 2023 to present)
- Member of the Hong Kong Government’s Advisory Committee on Promotion of Arbitration in Hong Kong (2015 to approx. 2019)
- Department of Justice’s Committee on the Provision of Space in the Legal Hub (2015 to approx. 2020)
- A Chairman of the Appeal Tribunal (Buildings Ordinance (Cap 123)) (Hong Kong) [ to present]
- Executive Committee Member and Member of the Board of Directors of eBRAM International Online Dispute Resolution Centre (eBRAM) (2020 – Present)
- Inaugural Vice Chair of eBRAM (2018-2020)
- Senior ADR expert in an EU-funded project in the Indonesian public sector on alternatives to litigation and arbitration for investor state disputes (2013-2016).
- ADR Expert leading World Bank-funded project advising the Ministry of Justice of the Lao PDR on the reform of its international arbitration law (1998-1999)
Arbitration Panels/Lists
- AAA/ICDR
- AIAC
- CIETAC
- Hainan International Arbitration Court
- Hangzhou Arbitration Commission
- Hague Court of Arbitration for Aviation
- HKIAC
- JCAA
- KCAB International
- Shanghai Arbitration Commission
- Shenzen International Arbitration Court
- SIAC
- Xi’An Arbitration Commission
Mediation and Adjudication
- HKMAAL Accredited General Mediator
- CEDR Accredited Mediator
- AIAC Accrt’d Adjudicator
Memberships
- Chair of Arbitration Committee of the International Chamber of Commerce – Hong Kong (approx. 2008-2013)
- Member /ex officio member of the Executive Committee of the International Chamber of Commerce – Hong Kong (present)
- Member, Council of the Hong Kong Bar Association (2014-2020; 2022 to present)
- Chair, Committee on Arbitration, Hong Kong Bar Association (2020 to present)
- Inaugural Chair, Committee on International Relations (later renamed International Practice), Hong Kong Bar Association (2012-2018 )
- Member of the ICCA/Queen Mary Taskforce on Third Party Funding of Arbitration (2016-2017)
- Member of the Rules Committee of the Hague Aviation Court of Arbitration (2022 to present)
PUBLICATIONS
Kim is the editor of the International Bar Association’s “Dispute Resolution International.” She is an ADR Contributing Editor for “Hong Kong Civil Procedure”. She was member of the group that drafted “ICCA’S Guide to the Interpretation of the 1958 New York Convention: A Handbook for Judges” (2012). Her other publications include:
- Hong Kong Chapter of the Law Over Borders Comparative Guide, Arbitration, Global Legal Post, 2023
- Outcome Related Fee Structures Reforms, Hong Kong Civil Procedure News, Issue 1/2023 February 2023.
- “Conflict of Laws Issues in Arbitration”, “Hong Kong: A Practical Guide” Thomson & Reuters, 5th Ed., 2022.
- “The Global Impact of the Pandemic on Commercial Dispute Resolution in the First Year”, Dispute Resolution International, May 2021 (lead author).
- “The Global Impact of the Pandemic on Commercial Dispute Resolution in the First 7 Months“, Dispute Resolution International, October 2020 (lead author).
- Turning the Rivalrous Relations between Arbitration and Mediation into Cooperative or Convergent Modes of a Dispute Settlement Mechanism for Commercial Disputes in East Asia“, 12 (1) Contemp.Asia Arb J.107 (2019).
- “Third-Party Funding of Arbitration and Alternative Dispute Resolution in Hong Kong”, BCDR International Arbitration Review, Vol 5, December 2018, Issue 2.
- “Recent Legal Developments in Third Party Funding of Arbitration and Mediation In Hong Kong” “Asian Dispute Review”, October 2017;
- Law Reform Commission Final Report on Third Party for Funding of Arbitration in Hong Kong with draft legislation (co-author); October 2016
- Consultation Paper on Third Party Funding for Arbitration of the Law Reform Commission Sub-committee on Third Party for Funding of Arbitration in Hong Kong (co-author); October 2015
- Hong Kong Encyclopedia of Forms and Precedents, Arbitration & Mediation Volume (co-author), Lexis Nexis, 2012
- “ICSID and BIT Arbitrations and China, Journal of International Arbitration, Kluwer, 2007.
- “Hong Kong Insolvency Law” in International Insolvency, H. Belzer and A. Gropper (co-editors), Juris Publishers, 2000.
TEACHING
Ms. Rooney regularly lectures on international arbitration, advocacy, and international dispute resolution, including at the Peking University School of Law. Kim was one of the moderators of the ICC’s Asia Advanced Arbitrators Academy (2018-2020) and regularly teaches various programmes conducted by arbitral institutions and various lawyers’ associations, among others on arbitration law and practice.
LANGUAGES
English, French (reading)
黃俊傑
大律師
認許年份：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.
近期案例精選
- 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
其他精選案例
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
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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)
黃承德
大律師
認許年份：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.
近期案例精選
- 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.)
其他精選案例
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
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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
大律師
認許年份：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.
近期案例精選
- 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..
其他精選案例
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.
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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)
馮耀緯
大律師
認許年份：2015
Roger practices in commercial law and international arbitration. His commercial practice spans across 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 is experienced in international arbitration. He is frequently instructed as a junior in high-stakes litigation and arbitrations, and increasingly appears unled 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 is recognised as a Leading Junior in Commercial Disputes in the Legal 500 Asia-Pacific Guide on the Hong Kong Bar and as Up and Coming in Commercial Dispute Resolution in the Chambers & Partners Greater China Region Legal Guide 2024.
近期案例精選
- Acting in an HKIAC arbitration arising out of the alleged breach of a put option contained in a share purchase agreement causing alleged losses of over US$93 million.
- Green Elite Limited (in liquidation) v Fang Ankong and Another [2024] HKCFI 1349: Acting for the defendants in an application for an interim stay of the action for common law enforcement of a foreign judgment obtained in the BVI pending an appeal to the Privy Council (with William Wong SC).
- The Joint and Several Liquidators of Green Elite Limited v Fang Ankong [2024] HKCFI 259: Acting for the interested party in opposing a Norwich Pharmacal / Banker’s books order against his accounts in Standard Chartered Bank to trace the whereabouts of certain sale proceeds of HK$150 million.
- Siao Mui Hua v Wu Ching Kuen [2024] HKCFI 232: Acting for the defendant in her capacity as administratrix in resisting a declaration that a property registered in the deceased’s name was held on a common intention constructive trust for the plaintiff.
其他精選案例
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 SC and Victor Dawes SC). 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 claim arising out of alleged negligent misstatements and/or advice in respect of foreign exchange (FX) derivatives.
- Advising an investor on a US$16 million financial mis-selling claim arising out of an offer of margin financing by a sales representative of a major bank in Hong Kong.
Corporate Insolvency
- Re Rich Region Holdings Limited (HCCW 33/2024): Application for an ancillary winding up order of the company in Hong Kong under s.327 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance.
- Secretary for Justice for an on behalf of the Registrar of Companies v China Capital Strategy Limited [2024] HKCFI 542: Application for a permanent stay of winding up proceedings and release of provisional liquidators under s.209(1) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance.
- 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 Zheng Dunmu [2024] 2 HKLRD 688, [2024] HKCFI 928: Acting for the Commission in a petition for disqualification and compensation orders under s.214 of the Securities and Futures Ordinance. The Court confirmed that it has power to make a compensation order under s.214(2)(e) irrespective of whether the director received any financial benefits from a misappropriation of the company’s funds.
- 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).
- 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
- 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). Leave to appeal granted in [2023] HKCFI 2871.
- 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 Lee Nim Wai[2024] HKCFI 1843: Acting for the creditor in seeking an immediate bankruptcy order on the basis that the debtor had not shown a reasonable prospect of being able to pay the judgment debt.
- 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.
Injunction / Contempt
- Green Elite Limited (in liquidation) v Fang Ankong and Another [2024] HKCFI 1191: Acting for the defendants in a resisting an application for a Mareva injunction in aid of or ancillary to a foreign judgment (with William Wong SC).
- Timing Capital (Tianjin) Investment Management L.P. and Another v Ji Changqun and Anor [2024] HKCFI 1003: Acting for the defendants in the discharge of a worldwide Mareva injunction for the plaintiffs’ breach of undertaking to commence proceedings in Mainland China as soon as practicable and material non-disclosure in respect of their litigation strategy (with Victor Dawes SC).
- High Fashion New Media Corporation Limited v Leong Ma Mi [2022] HKCFI 2234: Acting for the defendant in an application for a committal order against the defendant for failing to comply with a court order (with Norman Nip SC).
- 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.
- 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).
Commercial Litigation
- Long Sing Union Engineering Ltd v Ma Chi Kei and Another [2023] HKCFI 2833: Acting for the defendants in a statutory derivative action based on an alleged joint venture agreement to pursue new business and alleged usurpation of corporate opportunities (with Norman Nip SC).
- 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 of some HK$700 million 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.
- 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.
- 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).
- 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.
- 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 SC and Norman Nip (now Norman Nip SC)).
- 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 SC and Norman Nip (now Norman Nip SC)). 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 SC). 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.
- 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
- Chong Pui Cheong v Chong Pui Kwong (the Administrator of the estate of Chang In, Deceased) [2022] HKCFI 3110: Acting for the plaintiff in resisting an application to set aside a default judgment and for an order requiring the defendant to execute documents to transfer a property acquired under the Home Ownership Schemes Secondary Market Scheme held by the Deceased on trust for the plaintiff (with José-Antonio Maurellet SC).
- Advising a group of civil servants on their rights under a proposed redevelopment of buildings under the Civil Servants’ Co-operative Building Society Scheme.
- 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.
- 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.
- 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 SC).
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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
- Council Member, Bar Council, Hong Kong Bar Association (since 2023)
- Member, Committee on Financial and Securities Law, Hong Kong Bar Association (since 2019)
- Part-time Judicial Associate, Court of Appeal (Sept 2021 – Sept 2024)
LANGUAGES
- English
- Cantonese
- Putonghua (Mandarin)
DIRECTORY RANKING / QUOTES
- “Roger Phang is a fast-rising junior who wins plaudits for his counsel on banking and finance and restructuring and insolvency disputes. He also advises on civil fraud and securities-related issues.” “Roger is the first junior I go to if I have a complicated matter. He is extremely good on small details, but without overlooking the bigger picture.” “Roger Phang is a rising star. His work is excellent; he’s responsive, super diligent and has good Chinese capabilities.” “He is clever, hard-working and a star in the making.” Chambers and Partners Greater China Region Legal Guide (2024) – Up and Coming
- “Roger is a very able junior counsel and he is one of the favourite juniors in complex commercial litigations. His ability to distill useful materials for cases is obviously one of his many strengths, and his approach to the cases always demonstrates good commercial sense.” The Legal 500 Asia Pacific (2024) – Leading Junior
- “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) – Rising Star
- “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) – Rising Star
- “A rising-star – hardworking, highly-responsive… and strategic” The Legal 500 Asia Pacific (2021) – Rising Star
Roger’s LinkedIn page can be found here.
束文浩
大律師
認許年份：2016
Brian Chok has a broad civil practice with strong emphasis on corporate, commercial, land, building management and construction disputes. As regards his commercial and corporate practice, 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. With a view to expanding connections and practising in the Greater Bay Area, Brian also passed the Guangdong-Hong Kong-Macao Greater Bay Area Legal Professional Examination in 2023 and the assessment in 2024.
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.
近期案例精選
Construction
- HKIAC Arbitration – representing the Developer against the Main Contractor in a claim over HK$100m arising from termination of the contract due to delay and defective works (as junior).
- Skyforce Engineering Limited v Wang Kwong Electrical Engineering Limited (DCCJ 273/2021) – representing the sub-contractor in its claim against the sub-subcontractor for loss and damage arising from suspension from work and resisting the sub-subcontractor’s variation works claim
- Chan Woon Wah t/a Ngai Hing Decoration Company v Wong Chi Ping [2024] HKDC 422 – representing the contractor in his claim for outstanding contract price arising from a renovation project successfully.
- 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
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”
- Chase On Plastic Houseware Limited v Chase On Development Limited (in liquidation) and Another [2023] HKCFI 3200 – representing the Plaintiff in resisting a security for costs application in a claim concerning trust arrangement over receivables of certain companies (with Alexsander Wong)
- Leelan Rukesh Marasinghe v Director-General of Civil Aviation (HCAL 1457/2018) – representing the applicant in a judicial review challenging the decision of the Director’s decision in suspending his pilot license (with Thomas Lee)
- 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.
- Chiu Chung Wah Warren v Lee Shang Yan Lester [2023] HKDC 1008 – representing the Defendant in successfully dismissing the Plaintiff’s claim for entitlement to award in an incentive scheme after trial
- 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$23 million.
- 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
- 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.
Property and Building Management
- Tang Man Kit and Another v Tang Man Wai (HCA 1202/2020) – representing the Defendant in resisting the executors’ challenge over the validity of a tenancy agreement and claim for damages over HK$114m (led by Ambrose Ho SC and with Alexsander Wong)
- Tang Man Wai v Tang Man Chung and Another (HCA 717/2022) – representing the Plaintiff in claiming damages for unlawful occupation and trespass to various land in the New Territories (with Alexsander Wong)
- 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 [2024] HKCFI 523 – representing the 2nd Defendant in successfully striking out for want of prosecution the Plaintiff’s appeal of Master’s decision to strike out the Plaintiff’s claim for recovery of land on the ground of clog on redemption for want of prosecution.
- Great Tower Development Limited v The Incorporated Owners of Luso Apartments [2023] HKDC 356 – representing the IO in successfully resisting the Plaintiff’s summary judgment application 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
- 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 [2021] HKDC 1138 – representing the IO in successfully defending an alleged water seepage from common area and counterclaiming for outstanding management fees after trial.
- Tsuei Sheng Chen and another v Tsuei Ka Yee Grace [2019] HKCFI 3200, [2019] HKCFI 549 – representing the Plaintiffs in successfully obtaining an injunction, recovery of land and damages for trespass to person.
APPOINTMENTS
- Member, Hong Kong Bar Association Standing Committee on Mainland Affairs (since 2022)
OTHER QUALIFICATIONS
- Passed Guangdong-Hong Kong-Macao Greater Bay Area Legal Professional Examination (2023).
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 through SPEED) (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)
劉家健
大律師
認許年份：2016
劉家健大律師「經驗豐富，是一位十分明智的訴訟律師。他非常精於戰略，而且分析能力極強。」（《法律500強》）
劉大律師的執業領域涵蓋商法和民法，他經常獲聘辦理複雜且重大的糾紛。
劉大律師具豐富的股市、私募、創投及債務經驗。他不時在審訊和上訴代表監管機構、金融機構、上市公司及其股東和董事、其他超高淨值人士出庭。
除了以大律師身分代理仲裁和相關法院程序，劉大律師亦獲委聘為仲裁員。
在成為大律師之前，劉大律師曾在一家知名的律師事務所擔任事務律師，專門從事商業訴訟和仲裁。他獲《法律500 強》評為「樂於助人且知識淵博的律師」。
近期案例精選
- Civil Fraud: Alleged fraudulent scheme involving an investment fund and a NASDAQ-listed company; urgent Mareva injunction; long trial
- Commercial Dispute Resolution: Trial of sale and purchase of a state-owned Main Board listed company
- Company: Trial of unfair prejudice petitions in respect of family companies valued at over HK$1 billion
- International Arbitration: Sale and purchase of a real estate group valued at RMB8 billion
其他精選案例
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 [2024] HKCA 849: Application to the Court of Appeal for stay of execution
- Chan Kon Fung v Gallop Pioneer Limited [2024] HKCFI 2119: Costs of counterclaim and contribution notice
- Chan Kon Fung v Gallop Pioneer Limited [2024] HKCFI 1766: Fiduciary duty, misrepresentation, measure of damages
- Zhang Jizhi v Hong Kong TV International Media Group Limited [2024] HKCA 464: Application for leave to appeal to the Court of Final Appeal
- Zhang Jizhi v Hong Kong TV International Media Group Limited [2024] HKCA 302: Identity of party to contract, admissibility of parol / extrinsic evidence, Companies Ordinance on buy-back of shares, election of alternative modes of performance, unjust enrichment, failure to transfer title
- OCI Capital Limited v Lanhai International Trading Limited [2023] HKCFI 2892: Pleading oral agreement, weight of hearsay statement, Stamp Duty Ordinance, incomplete agreement, without prejudice privilege, estoppel by convention, pleading agency, late discovery and admissibility of evidence for particular purpose
- King Victory Investment Limited v Chan Hon Wing [2023] HKCFI 2992: Stay of execution pending appeal to Court of Appeal
- 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
Construction
- HKIAC award 12 April 2024: HKIAC Domestic Arbitration Rules, implied contract, pay when paid bonus, loss of interest
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 [2024] HKCFI 49: Stay of execution, delay in application for leave to adduce new evidence on appeal, “some other reason” for trial, statutory demand and serious deleterious effect
- 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
- AAA v DDD [2024] HKCFI 513, [2024] 1 HKLRD 1358, [2024] 3 HKC 399: Jurisdiction of arbitral tribunal, constitution of tribunal, Fiona Trust principles, centre of gravity
- HKIAC award, 31 January 2024: US$20 million claim, whether a claimant should be allowed to assert a new claim in its reply, Money Lenders Ordinance, penalty
- 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
顯示更多案例
其他專業資格
- 香港事務律師（2009-2015）
法律評級機構引文
- 「劉家健經驗豐富，是一位十分明智的訴訟律師。他非常精於戰略，而且分析能力極強。」（法律500強）
- 「……樂於助人且知識淵博的律師劉家健代表百營環球資源成功反對清盤呈請。」（法律500強）
法律評級機構排名
- 法律500強：商業糾紛；重組及破產
任命及會員資格
- 香港海事仲裁協會（2022-）
- 國際信託及資產規劃學會（2021-）
- 香港大律師公會仲裁專業委員會（2019-）
- Chartered Institute of Arbitrators（2018-）
- 香港大律師公會專業發展委員會（2017）
獎項
- Sweet & Maxwell Prize (2006)
- University of London Awards for Academic Achievement (2005)
領英
石正劻
大律師
認許年份：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.
Justin has been recognised as a “Rising Star” in the area of commercial disputes by The Legal 500 (Asia-Pacific) 2024. He is described as having “time and again proven himself to be a strong, articulate, natural and eloquent advocate in court” who is able to “hold his own as a sole advocate” and is “effective when making submissions in court, especially when compared with other barristers of similar seniority”. Justin’s written legal submissions have also been described as being “of high quality”.
近期案例精選
Highlights of Justin’s recent or notable 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 (reported in [2023] 4 HKC 35). 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.
- The Incorporated Owners of Wah Chun Industrial Centre & anor v Coca Investment Company Limited [2024] HKCFI 1617 (reported in [2024] 3 HKLRD 388). Instructed as junior counsel for the respondent in an action concerning the interpretation of a DMC of an industrial building owned by the respondent developer (led by Jenkin Suen S.C.).
- 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.
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 civil advocacy tutor at HKU since 2021.
其他精選案例
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.).
Building management
- In the matter of appeals under s 44 of the Buildings Ordinance (Cap. 123) by the appellants in Appeal Case Nos. 19-23 (decision dated 26.09.2023). 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.
- Advised the manager of a private luxury housing estate on the validity of an owners’ resolution resolving to set up a “special fund” understood within the meaning of Paragraph 4, Schedule 7 of the Building Management Ordinance (Cap. 344).
Companies / Winding Up
- 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).
- Advised the subsidiary company of a global conglomerate on a proposed application to invalidate a winding-up commenced under s 228A of the Companies (Winding Up and Miscellaenous Provisions) Ordinance (Cap. 32).
- 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.
- 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.).
- Maxim’s Caterers Limited v Max Joy Asia Limited [2024] HKDC 660. Instructed as sole counsel for the plaintiff in a trial concerning the breach of a services contract.
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.).
- 勤學樂園 對 黎嘉年及另一人 [2024] HKDC 585. Instructed as counsel for the 1st Defendant in an application to strike out the Plaintiff's claim for want of a reasonable cause of action. Proceedings were conducted in Chinese.
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, 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, 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.).
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EDUCATION
- BA in Jurisprudence (now MA), University of 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-)
DIRECTORY RANKINGS
- “Justin is eloquent and effective. His delivery is precise and persuasive. Backed with thorough research, he is always able to present a case at its best.” – The Legal 500 (Asia-Pacific) 2023 (Commercial Disputes – Rising Star)
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)
陳浩源
大律師
認許年份：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 2021-2024, he served 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.
近期案例精選
- Redland Precast Concrete Products (China) Ltd v Permasteelisa Hong Kong Ltd [2023] HKCA 1278: Acted for a construction company in a dispute concerning the approach to appeals against inferences from primary findings of fact, implication of contract by conduct and quantum meruit (led by Mr Ambrose Ho SC)
- China Health Group Ltd v Chiu & Partners (A firm) [2023] HKCFI 2995: 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)
- 李明實 & Ors v Ace Lead Profits Ltd & Anor [2023] HKCFI 3038; [2024] HKCFI 206; [2024] HKCA 523: Resisted an injunction application and subsequent leave to appeal applications concerning restraint of voting in respect of shares in a company listed in Nasdaq (led by Ambrose Ho SC)
- 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)
- 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)
- Appeared in a 5-day arbitration under HKIAC rules concerning a private equity dispute (led by Mr Matthew Gearing KC)
其他精選案例
Commercial
- 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)
- Mututal Brilliant Ltd v Shin Ho Cable (Holdings) Co Ltd & Anor [2024] HKCA 519: Appeared in the Court of Appeal in a dispute concerning a commercial property development project in the PRC (led by Mr Ambrose Ho SC)
- 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)
- Yang Yueguang v Dragon Hill Development Ltd (HCA 2120/2019): Appeared in a striking out application on limitation ground in relation to a loan dispute (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 for the plaintiffs in obtaining an anti-suit injunction from the Hong Kong Court in favour of arbitration in Hong Kong (led by Ambrose Ho SC)
- Acted in an arbitration under HKIAC rules concerning a dispute arising from a ship financing transaction (led by Mr Norman Nip 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
- 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)
- 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)
- Chan Pui Sze and Mak Hau Yin v Wang Jue (HCMP 1655/2017): Represented the trustees-in-bankruptcy in a trial concerning the beneficial ownership of properties in the US (with Mr Roger Phang)
- Advised a landowner on the construction of a restrictive covenant in a Government lease (led by Ms Audrey Eu 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)
- Advised a statutory body on intended disciplinary proceedings (led by Ambrose Ho SC)
Civil Fraud
- 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)
- 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)
- 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 [2023] HKCFI 3266: Acted for a listed company in the PRC in a cross-border fraud claim against a former employee and related companies (sole counsel)
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)
- Appeared in a 5-day arbitration under HKIAC rules in relation to a claim concerning restraint of trade clauses, breach of confidence and negotiating damages (led by Mr Matthew Gearing KC)
顯示更多案例
APPOINTMENTS
- Judicial Associate (Part-time), Court of Appeal (2021-2024)
- 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] 5 SLR 689, [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)
鍾浩齊
大律師
認許年份：2018
Francis has developed a broad commercial practice, with particular emphasis on securities and regulatory, insurance, employment, land, trust and probate, charities and international arbitration. Ranked as a “Rising Star” by The Legal 500 (Asia Pacific), he has been recognised as an advocate who is “exceptionally knowledgeable, even in complex insurance issues”.
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 and Nasdaq-listed companies in complex fraud, securities, cryptocurrency and commercial crime cases.
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.
As a Fellow at the Chartered Institute of Arbitrators (CIArb), Francis has experience in arbitration proceedings under the UNCITRAL Arbitration Rules and the HKIAC Administered Arbitration Rules. He is also an HKIAC Accredited Tribunal Secretary and a member of the ACICA Tribunal Secretary Panel.
Francis has experience in different insurance litigation involving fatal accident, catastrophic injuries, third-party motor, public liability, product liability and policy dispute claims (including double insurance, reinsurance, indemnity and contribution). He has been regularly instructed by insurers including AIG, Allied World, Asia, AXA, Berkshire Hathaway, BOCG, Chubb, FWD, Liberty, PingAn, PICC, Tokio Marine & Fire, XL Insurance and Zurich.
Francis is also a qualified Trust and Estate Practitioner (TEP). He is actively involved in some recent high profile high net worth and charities disputes.
近期案例精選
- Chinachem Charitable Foundation Limited v Chan Chun Chuen (HCAP 8/2007); 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 as the representative of parens patriae (a) in the administration of the billion-dollar estate of the late Nina Kung and (b) in the settlement of the scheme for the administration of the charitable trusts under her will.
- AMM Fintech Media Limited v Seto Kin Yan Roy (HCA 509/2022): Acting for a SFC licensed representative to defend a proprietary claim arising from the alleged misappropriation of cryptocurrencies owned by the plaintiff.
- AI v LG II [2023] 4 HKC 135: 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).
- Chan Wing Tong v The Incorporated Owners of Kam Chung Building (Jaffe Road) & 3 Others (CACV 99/2024): Acting for the Incorporated Owners to appeal against the judgment on the plaintiff’s adverse possession claim concerning a building in Wanchai subject to compulsory sale order.
- Keenrich Trading Limited v The Director of Lands [2024] HKLdT 11; [2024] HKLdT 65: Acted for the registered owner of a ground floor shop at Oak Street for the determination of compensation under the Lands Resumption Ordinance (Cap. 124). The Lands Tribunal determined that the market value of the property is HK$14.4 million and awarded Prime +1% interest rate for the Provisional Payment received.
- 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).
其他精選案例
Securities, Regulatory and Commercial Crime
- Market Misconduct Tribunal Inquiry re China Forestry Holdings Company Limited (delisted) : Acted for the CEO of a listed company engaged in forestry business in a 20+ day hearing for the alleged (i) insider dealing of HK$400 million and (ii) disclosure of false or misleading information inducing transactions.
- China Forestry Holdings Co Ltd (In Official Liquidation) v Top Wisdom Overseas Holdings Limited & Another [2021] HKCFI 2761: Acted for the CEO of a listed company in striking out the proprietary claim in a sum of HK$400 million for the alleged breach of fiduciary duties to the company.
- Securities and Futures Commission v Li Han Chun & Another (HCMP 176/2011, HCA 117/2017): Acted for the CEO of a listed company to defend the section 213 proceedings involving frozen funds in the sum of HK$400 million.
- Securities and Futures Commission v Coolpad Group Limited (HCMP 1074/2021): Acting for an Executive Director of a listed company engaged in smartphone and technology services in section 214 proceedings involving claims of over RMB$80 million.
- Securities and Futures Commission v Superb Summit International Group Limited (HCMP 2305/2020): Acting for two company secretaries in a listed company engaged in forestry business in section 214 proceedings involving claims of over HK$200 million.
- De Lage Landen Pte Limited v Daohua Packing Group Co Ltd (HCA 1768/2022); Tung Fong Lighter Factory Co Ltd (HCA 415/2023); Jumbo Services (HK) Limited (HCA 732/2023): Acting for a global asset finance firm in a series of large-scale fraud and civil recovery cases. The plaintiff commenced action against the various Hong Kong firms (and their conspirators) for unjust enrichment and/or fraudulent misrepresentation.
- Re a Listed Company under Suspension of Trading of Shares under section 9 of the Securities and Futures (Stock Market Listing) Rules (Cap. 571V): Acted for the Securities and Futures Commission in the application by a listed company to resume trading of its shares.
- HKSAR v Fung Ping Fai [2021] HKDC 1578: Successfully defended for the founder and managing director of a Hong Kong tourist agency in relation to the charges of (i) theft of HK$4 million and (ii) publication of false statements by company directors.
International Arbitration
- Disputes over the liquidation of crypto investment transacted in a virtual asset exchange platform.
- Disputes over the insurer’s repudiation of liability under an insurance policy for the insured’s failure to notify the potential claim.
- Disputes over the financing of high technology products between an asset finance firm and a telecommunication company.
- Disputes over the sale and purchase of high technology exports between a PRC and a Hong Kong company involving a sum of US$7 million.
- Disputes over the intellectual property rights arising from the licensing of online games in Korean and the PRC.
- Disputes over a debt claim between a Singaporean individual and a Hong Kong lender company involving a sum of US$2 million.
Insurance, Medical Negligence, Public Liability, Personal Injury and Employees’ Compensation
- Chan Ping Wah v Cayley Property Management Ltd [2021] 2 HKC 536: Acted for a public liability insurer and successfully dismissed the plaintiff’s appeal, where the Court ruled that the Control of Exemption Clauses Ordinance (Cap. 71) is not applicable to the Deed of Mutual Covenant of City Garden which was executed before the effective date of the said Ordinance.
- Chen Linxiong (suing by his wife and next friend Chen Yanling) v China Harbour Engineering Company Limited (HCPI 232/2020): Acting for the insurer to defend the plaintiff’s claim in the sum of over HK$32 million for his brain injuries and neuro-cognitive impairment from a catastrophic industrial accident at the construction site at Hong Kong-Zhuhai-Macau Bridge.
- Leung Mui Yi v Fu Hong Society (formerly known as Society of Homes for the Handicapped) [2023] HKDC 36; [2023] HKDC 449; [2024] HKCA 155: Acted for the insurer of the defendant to successfully dismiss (i) the plaintiff’s action in relation to a work accident in a public hospital and (ii) her subsequent application for leave to appeal. Causation was at issue at trial on whether subsequent injuries on the left shoulder resulted from the plaintiff’s operation of her right rotator cuff. The plaintiff’s application for leave to appeal was dismissed.
- Zhang Rong v Po Shing Construction Limited [2022] HKDC 835, [2022] HKDC 922; [2024] HKCA 461: Acted for the insurer of the defendant to contest the quantum of employees’ compensation for an accident at a construction site in Lantau Island and to successfully seek indemnity costs with enhanced interests against the applicant for her exaggerated claim. The applicant’s appeal was dismissed.
- Sit Kan Tat v World-Class Talent Limited & Sinotrans (HK) Warehousing [2024] HKDC 420: Acting for the insurer of the employer (a) to contest liability and quantum in a workplace accident and (b) to seek indemnity or contribution from the warehouse occupier.
- Lau Wai Chuen v Wang Yip Construction Company Limited [2024] HKDC 8: Acted for the insurer of the defendant to successfully dismiss the plaintiff’s claim (on both liability and quantum) arising from his injury at a construction site in Repulse Bay, as a result of his violation of the safety instructions.
- Swarnjit Kaur v Lo’s Cleaning Services Limited [2023] 3 HKLRD 629: Acted for the insurer of the defendant to contest liability and quantum for the alleged accident at the Cathay Pacific Catering Services at the Hong Kong International Airport.
- Baljit-Singh v Oscar Bioenergy Joint Venture [2022] 6 HKC 521: Acted for the insurer of the defendant to (i) apply for consolidation of the employees’ compensation and personal injury actions and (ii) contest both liability and quantum in the parallel actions.
- Hui Kwok Fai v Lui Pui Ling (DCPI 3333/2020): Acting for the motor insurer of the defendant to contest liability and quantum in a serious traffic accident.
- Ali Mehboob v Yun Kwan Construction Engineering Ltd (HCPI 1370/2014): Acted for the defendant and advised on the potential grounds of appeal on liability and quantum.
- Li Yung Lan v Hien Lee Engineering Company Limited (HCPI 287/2016): Acted for the insurer of the defendant to oppose the application for leave to file supplemental psychiatric expert reports.
- Corpuz Edison v Mandarin Oriental Hong Kong Limited (DCPI 2977/2020): Acted for the insurer of the defendant to successfully dismiss the plaintiff’s application for variation of a consent cost order.
- Kelu David Elsions, a mentally incapacitated person by Cheng Wai Lan, his wife and Next Friend v Shum Tak Hung & DBProject (DCEC 475/2021): Acted for the next friend of the applicant to successfully apply for leave to approve a settlement with the respondent in the action and to withdraw monthly payment from the applicant’s bank account, under Order 80 Rules 11 and 12 of the Rules of the District Court (Cap. 336H).
- Advised an insurer in relation to a policy dispute on the interpretation of escape clause, excess clause and rateable proportion clause in the public liability policies.
- Advised on the potential liability of a defendant involving alleged surgical negligence.
Land, Trust, Probate and Charities
- Chinachem Charitable Foundation Limited v The Secretary for Justice (HCMP 93/2023): Acting for the Secretary for Justice to oppose the plaintiff to seek legal costs in the actions against Chan Chun Chuen to propound the will of late Nina Kung to be indemnified by the estate of late Nina Kung.
- Hantec Investment Limited v Lam Kan Yau (LDPE 393/2022): Acting for a property developer to recover possession from its tenant in relation to 86 lots of land in Yuen Long which involves novel legal issues on the valuation of agricultural land for open storage purpose.
- Sunbroad Holdings Limited v A80 Paris HK Limited [2022] HKCFI 2251: Acted for a company specialising in haircare products in defending a summary judgment application involving around HK$10 million arrears of rent on the grounds of (i) frustration and (ii) the landlord’s failure to terminate the tenancy agreement in the outbreak of COVID-19.
- Wing Wo Lung Company Limited v Jam Moo Ching [2021] HKCA 472; [2021] HKCA 1734: Successfully appealed for the landlord of a building on Des Voeux Road Central at the Court of Appeal against the defendant’s occupation of external wall.
- The Incorporated Owners of Federal Centre v Dudjom Buddhist Association International Limited (LDBM 60/2020): Acted for the registered owner in the counterclaim against the Incorporated Owners for the latter’s unlawful alteration of common parts under the approved building plans.
- Tang Ling Choa Tso v Tang Sheng Pang (HCA 222/2018): Acted for the manager of the “t’so” to recover vacant possession of the New Territories land and mesne profits from a licensee.
- Wong Kit Chee, the Executrix of the Estate of Tse Lai Ying, the Deceased v Wong Shiu Kwong [2019] HKCFI 1000: Acted for the son in resisting the executrix’s claim for constructive trust on a ground floor shop amounting to HK$30 million.
- Re Appeal against the Building Authority’s Order before the Appeal Tribunal (Buildings Ordinance) (BA 150/2019): Acted for the applicants to oppose the building order in relation to the maintenance and repair of the common parts in a multi-storey residential building.
- Pong Mang Ting v Chinese Temples Committee [2019] HKCFI 1457: Acted for the applicant to ask for the Court’s intervention in relation to various mismanagement of Man Wah Tong, a charitable “t’ong” in Hong Kong.
- Sin Chan Kam v The Incorporated Owners of Wai Sun Building [2019] HKLdT 32: Acted for the registered owner of a ground floor shop against the incorporated owners for the latter’s breach of deed of mutual covenant and the Building Management Ordinance (Cap. 344) arising from (i) water seepage and (ii) failure to maintain common parts of the building.
Employment
- Chan Long Ning Christine v MTR Corporation Limited (DCCJ 1998/2024): Acting for the defendant to strike out the plaintiff’s constructive dismissal claim.
- P2L Limited v Phoenix CVC Limited (HCA 2094/2023): Acting for the defendant to counterclaim against the plaintiff for (a) breach of confidentiality and (b) breach of non-compete clause.
- Prestige Fitness Limited v Ng Yat Chee Dorothy (HCMP 1926/2022): Acted for a fitness centre in a pre-action discovery under section 41 of the High Court Ordinance (Cap. 4) and Order 24 Rule 7A of the Rules of the High Court (Cap. 4A), for a potential claim of breach of fiduciary duties against a former director.
- An Equal Opportunity Case: Advised an employer company on its liability in the alleged family status discrimination in termination of an employment contract.
- An Equal Opportunity Case: Acted for an employer company in contesting liability in the alleged sexual discrimination in termination of an employment contract.
顯示更多案例
APPOINTMENTS AND MEMBERSHIPS
Professional Qualifications
- Fellow, Chartered Institute of Arbitrators (FCIArb)
- HKIAC Accredited Tribunal Secretary
- Member, ACICA Tribunal Secretary Panel
- Full Member, The Society of Trust and Estate Practitioners (STEP)
- Associate, The Chartered Governance Institute (ACG)
- Associate, The Hong Kong Chartered Governance Institute (HKACG)
- HKCGI ESG Reporting Certification (HKCGI Cert: ESG)
- Astana International Financial Centre (AFIC) Court (Rights of Audience)
Membership
- Founding member, ArbChat
- HKIAC HK45
- HKIAC Belt & Road
- Young International Arbitration Group (YIAG)
- Young ICCA
- KCAB Next Member
- ICC Young Arbitrators Forum
- The Law Association for Asia and the Pacific
Appointments
- Judicial Associate (Part-Time) to the Court of Appeal (2024-2027)
- 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
- Employment Law and Practice in Hong Kong (3rd Edition) (2025)
- 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
- “Costs and Interest” in HKIArb Associate Entry Course in Arbitration (November 2023)
- “Reflections on Recent Cases on Virtual Assets: Practical Guide on Enforcement Action and Potential Liabilities” (November 2023)
- “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
- “Rising Star” in The Legal 500 Asia Pacific (Labour and Employment) (2023)
- 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)
大律師
認許年份：2018
Kelly commenced full practice in 2018 following the successful completion of her pupillage with Mr Horace Wong SC, 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 company disputes, insurance, bankruptcy 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, and has appeared as arbitration counsel and appointed as tribunal secretary in a number of arbitrations.
Kelly has been recognised as a “Rising Star” by the Legal 500 (Asia-Pacific) 2024 in the areas of regulatory and private client and family.
Since October 2023, Kelly also has been serving as a part-time Judicial Associate.
Kelly has a professional command in Cantonese, Putonghua and English, and is capable of delivering written work in Chinese and English.
近期案例精選
- Acted for an insurance company against a bank in a 5-day arbitration under the HKIAC rules (led by Mr Benjamin Yu SC and Mr Norman Nip SC, and with Mr Cedric Yeung)
- Wong Wai Sum v AXA China Region Insurance Company Limited & Anor (HCA 1766/2020): Acted for the insurer defendant in a 6 days trial in resisting a claim by its former insurance agent for inter alia misrepresentation and breach of good faith implied term, and in counterclaiming for recovery of claw back payments (led by Mr Norman Nip SC).
- 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) against persons who perpetrated securities fraud in Hong Kong (led by Mr Norman Nip SC).
其他精選案例
Company / Commercial Disputes
- Hung Sze Wing v Tsui Hong Ming & Anor (HCMP 1657/2023): Acted for the Plaintiff in seeking inter alia an order that a general meeting be convened for a company pursuant to s 570 of the Companies Ordinance (with Ms Joyce Leung)
- Victor Engineering Company Limited v Hung Sze Wing (HCA 971/2023): Acted for the Defendant in resisting a statutory derivative action (with Ms Joyce Leung)
- 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)).
- Platinum Century Limited & Ors v Sunfund Asia Capital Holdings Company Limited (HCA 400/2022): Acted for one of the defendants in resisting a tracing claim (with Ms Catherine Wong).
- Provided Hong Kong law legal opinion in PRC proceedings concerning enforceability of a guarantee (as sole counsel).
Civil Fraud
- Zuo Hung v International Education Research Group (Hong Kong) Limited (DCMP 1213/2024): Successfully obtained pre-action discovery against the defendant (as sole counsel)
- A v B (DCMP 3242/2023): Acted for the plaintiff in obtaining a gagging order and Norwich Pharmacal order against a bank (as sole counsel).
- Toyota Boshoku Europe N.V. v Kingsville (HK) Enterprises Limited & Ors (HCA 452/2022): Acted for one of the defendants in resisting an unjust enrichment claim (as sole counsel).
- 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)).
Employment / Agency
- Hon Hin Hong Jimmy v AXA China Region Insurance Company Limited & Anor (HCA 144/2019): Acted for the insurer defendant in a trial in resisting a claim by its former insurance agent for inter alia misrepresentation, breach of collateral agreement and breach of good faith implied term, and in counterclaiming for recovery of claw back payments (settled on the 3rd day of trial) (led by Mr Norman Nip SC).
- Zhou Zhi v GF Capital (Hong Kong) Limited (HCA 837/2021): Acting for a former employee against her former employer for recovery of bonuses / commissions under an addendum to the employment agreement (with Mr Thomas Lee)
- 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 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)).
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).
- Advised an insurance company on whether the occupier would be liable for the negligence of the independent contractor to determine whether to pay out under a fire insurance policy (as sole counsel).
- Advised an insurance company on lawfulness in backdating a deed of assignment and joinder of parties after expiry of limitation period (as sole counsel).
Land / Trusts / Probate
- Sin Chan Kam v IO of Wai Sun Building (LDMP 1 / 2023): Acted for the IO in resisting contempt proceedings brought by the plaintiff (with Ms Catherine Wong)
- 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 the administrator of an estate on whether the shares in a BVI company forms part of the estate (led by Mr Horace Wong SC).
- 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).
Regulatory
- 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).
- Acted for an insurer in making submissions to the Insurance Authority regarding its proposed intervention into the business of the insurer (led by Mr Norman Nip SC).
Arbitration
- Instructed by a 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)).
- 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)).
- Appointed as tribunal secretary and acted as tribunal assistant in a number of arbitrations.
Matrimonial
- Yang Yihe v Qiu Yuewen [2023] HKCFI 2166: Successfully obtained a default judgment to enforce an oral agreement reached by the divorced couple (evidenced by a signed consent summons) in relation to the sale of a property and the distribution of proceeds arising from the sale (as sole counsel).
- THL v YL (FCMC 1386/2023): Acted for the petitioner father in a custody dispute (with Ms Catherine Wong).
- 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).
Others
- CCDI-320/2019 (DK): Acted for the Adventist Hospital, Stubbs Road in a 10 days death inquest (as sole counsel).
- CCDI-901/2018 (ST): Acted for Tsuen Wan Adventist Hospital in a 7 days death inquest (as sole counsel).
- Chow Yan Tung Jinni, by her mother and next friend, Chow Pui Ting v Lee Siu Lung Joseph (DCMP 3380/2024): Acted for the plaintiff in an Order 80 approval of disability settlement application (as sole counsel).
顯示更多案例
APPOINTMENTS AND MEMBERSHIPS
- Part-time Judicial Associate (Civil) to the Court of Appeal (since October 2023)
- 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).
- LLM, 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)
- Thomas Reuters Law Prize for most promising student intending to become a barrister (2017)
- Brian McElney Medal in Law for best overall performance in compulsory courses in PCLL (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)
歐明皓 (女士)
大律師
認許年份：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).
劉薈姸 (女士)
大律師
認許年份：2019
Candice commenced full practice in 2019. She is developing a broad civil litigation practice, having appeared in various levels of the courts in Hong Kong, either as sole advocate or junior counsel. She has experience in handling cases concerning commercial, company, securities and regulatory, professional negligence, trusts, and employment matters.
Prior to joining the Bar, Candice read business and law at The University of Hong Kong, graduating with an LLB with first-class honours. Thereafter, she obtained her Master of Law (Commercial Law) from the University of Cambridge.
Candice is also a part-time tutor at the University of Hong Kong, and the contributing author of various publications, including the latest update of the Annotated Ordinances of Hong Kong: Securities and Futures Ordinance (Cap 571).
Candice has since 2021 served on the Young Barristers Committee of the Hong Kong Bar Association, and is responsible for overseeing its Street Law outreach program.
Candice was awarded the Charles Ching Memorial Scholarship in 2019.
近期案例精選
General Civil Commercial
- Alltogether Land Co Ltd v China Create Capital Ltd [2022] HKCFI 2726 – acted for the 1st Defendant in applying for variation of a Mareva injunction (as sole advocate)
- Jin Jiang Investment Limited v 深圳市威廉金融控股有限公司 [2022] HKCFI 378 – acted for the 3rd and 4th Defendants in resisting a Mareva and proprietary injunction, and in applying for variation of the Mareva injunction (with Ms. Elizabeth Cheung)
- Omaha Investments Limited v WH International Logistics Limited, HCA 2131/2019 and HCA 1238/2020 – third party notice stayed in favour of dispute resolution clause; successfully obtained an indemnity costs order against the plaintiffs (as sole advocate)
- Calm Ocean Shipping S.A. v Win Goal Trading Ltd and others [2020] HKCFI 801 – successfully defended a representative action application (with Ms. Elizabeth Cheung)
- Cheung Siu Lin v Shun Seng Hop Yick Knitting Factory and Au Wing Chor [2021] HKCFI 120 – succeeded in all debt claims and counterclaims after a 10-day trial (with Ms. Elizabeth Cheung)
Company & Shareholder
- Re Remote Automation Monitoring Limited [2023] HKCFI 2699 – acted for the petitioner/plaintiff in a 16-day trial of unfair prejudice petition and a concurrent writ action (with Ms. Elizabeth Cheung); [2023] HKCFI 2700 – successfully resisted the defendants’ application for security for costs (as sole advocate)
- Gentle Soar Ltd v CMBC Capital Finance Ltd [2021] HKCFI 3450, [2021] HKCFI 2775 – successfully resisted an interlocutory injunction which sought to restrain the defendants from dealing with shares in a listed company and exercising their voting rights (led by Mr. Victor Dawes SC, with Mr. Bernard Mak and Mr. Bryan Lee)
- Masterveyor Holdings Limited v Gao Yunhong, HCA 704/2021 – successfully obtained an interim-interim injunction to restrain the defendants from acting on a set of purported board resolutions to change the board composition of a listed company (led by Mr. Victor Dawes SC, with Mr. Bernard Mak and Mr. Bryan Lee)
Securities and Regulatory
- HKSAR v Tam Cheuk Hang, HCCC 115/2021 – acting for one of the defendants in defending a criminal charge of conspiracy to carry out false trading (with Mr. Bernard Mak) (ongoing)
Professional Negligence
- Deepak Pagarani v Haldanes Solicitors & Notaries (a firm), HCA 492/2020 –successfully defended a split trial application in a professional negligence case (with Ms. Elizabeth Cheung)
- Credit One Finance Ltd v Yeung Kwok Chi [2020] HKCFI 2450 – successfully defended a firm of solicitors from negligence and fraud claims after a 6-day trial (with Ms. Elizabeth Cheung); [2020] HKCFI 3046 – hearing on costs (as sole advocate)
Trust and Probate
- Cheung Wei Ming and others v Lam Shui Chun, the Administratrix of the estate of Lin Shiue Kiang, Allan, deceased, HCA 1819/2016 – acted for the defendant widow in a 10-day trial of a dispute amongst family members over the beneficial ownership of various properties (with Mr. Ken TC Lee) (ongoing)
Employment
- Anthony Mackay v Chi-X Asia Pacific Holdings Ltd [2023] HKCFI 938 – acted for the plaintiff in seeking various reliefs against former employer; obtained partial summary judgment (as sole advocate)
- Lo Wai Keung v Hannover Rück Se [2023] HKCFI 420 – successfully struck out the plaintiff’s claim for falling out of the jurisdiction of the High Court (as sole advocate)
Land
- IO of Kam Tao Ngan Tao and Hoi Tao Buildings v Fair Charter Investments Limited [2023] HKLdT 32 – acted for the respondents in a trial defending IO’s claim for contributions for renovation works based on undivided shares (with Ms. Joyce Lai)
EDUCATION
- LLM, University of Cambridge
- PCLL, The University of Hong Kong
- LLB (1st Cl.), The University of Hong Kong
- BBA(Law), The University of Hong Kong
SCHOLARSHIPS AND PRIZES
- Charles Ching Memorial Scholarship
- Semi-finalist (Cambridge), Philip C. Jessup International Law Moot Court Competition (UK Round)
- Postgraduate Scholarship, Government of the Macau Special Administrative Region
- Semi-finalist (HKU), 3rd Best Speaker (General Rounds), International Maritime Law Arbitration Moot
- CompliancePlus Consulting Limited Prize for Pro-Bono Work in Clinical Legal Education
- Endeavour Cheung Kong Student Exchange Program Scholarship to The University of Western Australia
- Dean’s Honour’s List
- Champion and Final Best Debater, Hong Kong Legal Education Forum Debating Competition
- C.H. Chan Scholarship
MEMBERSHIPS AND APPOINTMENTS
- Committee Member, Young Barristers’ Committee of the Hong Kong Bar Association (2021 – present)
- Part-time lecturer (Non-clinical), HKU (2023-2024), teaching Evidence
PUBLICATIONS
- Annotated Ordinances of Hong Kong: Securities and Futures Ordinance (Cap 571) (Contributing editor)
- Lexis Practical Guidance – Corporate and Tax modules (Contributor)
LANGUAGES
- English (fluent)
- Cantonese (native)
- Putonghua (proficient)
- Candice’s LinkedIn page can be accessed here: https://www.linkedin.com/in/candice-lau-501b4342/
黃芷源
大律師
認許年份：2019 | 事務律師 (香港)：2017-2018
黃芷源大律師於2020年正式執業。 他主要從事民事訴訟，亦曾於香港的各級法院及專門監管審裁處出庭。 身為英國皇家特許仲裁員協會的會員，黃大律師正在發展國際仲裁業務，亦完成了香港國際仲裁中心的仲裁庭秘書培訓計劃。
在獲認許為香港執業大律師之前，黃大律師曾在一家國際律師事務所中任職見習律師，並取得香港事務律師的資格。 他於香港大學取得法學士和法律專業證書，其後亦於倫敦政治經濟學院取得法學碩士（優異），以及於英國劍橋大學取得法學碩士（一級榮譽）。
黃大律師於2019年獲得中殿抗辯訓練獎學金。
近期案例精選
- Competition Commission v Midland Realty International Ltd & Ors (CTEA 3/2023): defending one of Hong Kong’s leading real estate agencies in the Commission’s enforcement proceedings for alleged breach of the First Conduct Rule by entering into a price-fixing arrangement (led by Norman Nip S.C. and with Catrina Lam)
- Fong Chak Kwan v Employees Compensation Assistance Fund Board & Ors (2022) 25 HKCFAR 135, [2022] 5 HKC 426: acted for the Board in leading case on jurisdictional gateways in service-out applications and interpretation of tort gateway (led by Horace Wong S.C. and with Clark Wang)
其他精選案例
商業及金融
- Mei-King Engineering v Prizemart Ltd [2024] HKCFI 2428: appeal against master’s decision to allow amendment of pleadings in action for outstanding instalments in relation to delivery and installation of production lines for nut powder
- China Health Group Ltd v Chiu & Partners (a firm) [2024] HKCFI 943: striking-out indorsement/statement of claim and resisting variation of costs order
- Bel International Logistics Ltd v CTS International Logistics Corporation (HK) Ltd [2023] HKCFI 3000: trial of dispute between air freight forwarders involving claim for unpaid invoices and counterclaim for paid invoices (with Isaac Chan)
- 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
- 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)
- Bank of Baroda v Goyal Mukesh Kumar & Ors (HCMP 891/2019): resisting mortgage action based on liabilities under banking facilities (with Christopher Chain)
民事欺詐及資產追討
- Tong Xin v Great Bay Securities Ltd & Ors (HCA 482/2024): action for breach of contract and conversion against brokerage firm for unauthorised disposal of listed shares worth over HK$95 million (with Alexsander Wong)
- 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)
- Man Shu Fai v Man Shu Kwan (HCA 1662/2021): joinder application by third parties to set aside default judgment obtained by 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 and conspiracy arising from fraudulent investment scheme for gold trading worth over USD30 million (with Roger Phang)
- Kot See For v Au Yeung Ho Sum & Ors (HCA 2208/2019): application to strike out claim to recover funds allegedly misappropriated through a massive fraudulent investment scheme involving hundreds of millions of dollars
監管及公法
- 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 landmark case where the Tribunal adopted the Carecraft procedure in the competition context (led by Victor Dawes S.C. and with Isaac Chan)
- Defending authorised insurer in proceedings before the Insurance Appeals Tribunal against Insurance Authority’s disciplinary action to impose public reprimand and substantial pecuniary penalty (led by Ambrose Ho S.C. and with Isaac Chan)
公司糾紛
- 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
- Rayben Technologies (HK) Ltd v Lam Wai Kin Raymond (HCA 1775/2022): action against ex-director and beneficial owner for breach of duties, debts and economic torts
- 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): trial of business dispute over chain of medical practices held through corporate structure (led by Victor Dawes S.C. and with Michael Lok)
破產及清盤訴訟
- Re Centre Rise Trading Ltd [2024] HKCFI 2315: 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
- Re Wu Ming Fat Simon, ex p. Zhongtai Financial Investment Ltd (HCB 5397/2023): petition for bankruptcy order for non-compliance with statutory demand for sums due under cost order
- 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)
- Acting for various petitioners or supporting creditors in 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)
私人客戶
- In the Matter of NKS (HCMH 31/2022): representing next of kin of mentally incapacitated person to oppose applications for intervention and discharge of committee appointed under Part II Mental Health Ordinance
- 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 founder of the ‘Hsin Kuang’ restaurants (led by Edward Chan S.C.)
僱員補償及民事侵權
- Hui Kin Hung v Cheer Prospect Services Ltd & Ors (DCEC 781/2020): representing Employees Compensation Assistance Fund Board (“Fund Board”) in trial of claim for employees’ compensation where both liability and quantum are disputed
- Advising Fund Board on issues relating to interaction between relief payment and Director of Legal Aid’s first charge
- Advising Fund Board on coverage of Bullock orders within scope of s. 23 Employees Compensation Assistance Ordinance (with Horace Wong S.C.)
僱傭糾紛
- 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.)
物業及業主/租客糾紛
- 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): defending claim in relation to 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 鄧盛炳 & Anor (HCA 222/2018): defending against claim for vacant possession of land, injunction and mesne profits
建築
- 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)
仲裁及相關程序
- Techteryx Ltd v Crossbridge Capital Asia Pte Ltd & Ors (HCA 1906/2023): application to set aside order granting leave to serve out or stay proceedings on basis of Singapore arbitration agreement (led by Norman Nip S.C.)
- 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
顯示更多案例
學歷
- 香港大學法學士
- 香港大學法學專業證書
- 倫敦政治經濟學院取法學碩士（優異）
- 劍橋大學法學碩士（一級榮譽）
獎學金及獎項
- 中殿抗辯訓練獎學金
- 英國劍橋大學莫德林學院邦迪獎學金
- 英國劍橋大學莫德林學院法學獎項
- 香港特別行政區政府獎學金
- 香港大學何敦律師行刑法模擬法庭比賽冠軍
- 香港大學海外交流獎學金
- 院長嘉許名單
會員資格及任命
- 英國特許仲裁員學會會員
- 香港國際仲裁中心認可仲裁庭秘書
講座及研討會
- International Commercial Mediation Course at the University of International Business and Economics (Autumn 2024) on the topic of “Tomlin Orders: Enforcement of Settlement Agreements” (with Norman Nip S.C.)
- “Breaking Down Boundaries: Unlocking Jurisdictional Complexities and Deciphering Enforcement Dilemmas in International Arbitration” (June 2024), joint seminar with HFW supported by the Shenzhen Court of International Arbitration
- Essentials of Common Law Lecture Series at Peking University (May 2024) on the topic of “Oral and Written Submissions” (with Horace Wong S.C., Clark Wang and Jiang Zixin)
語言
- 英語 (流利)
- 廣東話 (母語)
- 普通話 (專業程度)
領英 / LINKEDIN
可按此網上連結瀏覽黃大律師的領英檔案。
郭俊野
大律師
中國法律職業資格：2013
香港認許年份：2019
郭俊野大律師擁有中國內地及香港兩地法律教育與專業資格背景，畢業於北京大學法學院及香港大學法學院。在成為香港執業大律師之前，郭大律師曾於北京任職於一間全球最大規模的礦產/能源類央企的法律與內控部門。
郭大律師專長於處理國際仲裁和商事訴訟案件，尤其專攻金融和股權投資糾紛、公司和股東糾紛、證券監管以及白領犯罪等領域。
在國際仲裁領域，郭大律師擁有豐富經驗，曾經處理過諸多涉及複雜問題的案件。他還專長於處理與仲裁相關的法庭訴訟案件，包括撤銷仲裁裁決的申請以及根據《香港仲裁條例》對仲裁庭管轄權提出挑戰。
在商事訴訟方面，郭大律師經常代表來自中國內地和香港的客戶，專長於處理跨境爭議。他還經常為中國內地的法院和仲裁庭，就複雜的香港法律問題提供法律意見和專家報告。
郭大律師的專業領域還涵蓋包括公司清盤/破產、土地、信托、繼承、雇傭、家事和禁制令等。
近期案例精選
- 香港國際仲裁中心仲裁：代表客戶參與一宗由香港國際仲裁中心根據香港國際仲裁中心2018年機構仲裁規則進行的國際仲裁。 該爭議涉及客戶與一家證券公司簽訂的貸款協議。香港法適用於主要爭議，而庭審語言為中文。郭大律師代表被申請人方面參與仲裁，對仲裁庭的管轄權提出異議，並成功獲得香港高等法院的判決，撤銷了仲裁庭關於管轄權的臨時裁決，最終獲得法院裁定仲裁庭並無管轄權。本案系屬香港法院首次就“多份合同單個仲裁”制度下仲裁條款的“兼容”要求做出裁判。
- 香港國際仲裁中心仲裁：代表一位著名商人參與一宗由香港國際仲裁中心根據聯合國國際貿易法委員會仲裁規則管理的國際仲裁。本案爭議圍繞某全球知名時尚品牌的代理許可及一系列股權買賣協議而展開。案件實體爭議適用中國內地法律，審理語言為英文。案件涉及涉嫌欺詐、串謀等嚴重指控。鑒於複雜的跨境法律議題，來自中國內地和英屬維爾京群島（BVI）的法律專家提供了專家報告，並在案件庭審中接受了盤問。
- 香港國際仲裁中心仲裁：代表客戶參與一宗由香港國際仲裁中心根據香港國際仲裁中心2018年機構仲裁規則進行的國際仲裁。 該案涉及客戶在香港一家上市公司的股權投資，涉及主要債務人的回購義務以及控股股東的擔保義務。 這是一起正在進行中的案件，總爭議金額超過6.3億港元，並特別涉及一名已故人士的擔保責任，需要適用來自中國內地和香港兩地的相關法律原則，特別是涉及在香港作為仲裁地的仲裁程序中，“遺產代理人”的定義問題。
- 香港國際仲裁中心仲裁：代表客戶參與一宗由香港國際仲裁中心根據香港國際仲裁中心2018年機構仲裁規則進行的國際仲裁。 該案涉及投資者與客戶之間的爭議，投資者聲稱有權要求客戶根據合同回購其所購買的股份，並同時要求各相關方承擔相應的擔保義務。由於各份合同中存在不同的爭議解決條款，本案仲裁庭的管轄權受到爭議。案件涉及多份合同中存在不同爭議解決條款時“重心法”的適用，以及合同條款的解釋等問題，與典型的Fiona Trust案的情況有所不同。
- 香港國際仲裁中心仲裁：代表客戶參與一宗由香港國際仲裁中心根據香港國際仲裁中心2018年機構仲裁規則進行的國際仲裁。 該案涉及股份認購協議中規定的目標公司，在未按規定/計劃完成首次公開發行後，相關投資者所享有的強制出賣/回購權，以及相應的被投資方的回購/擔保義務。盡管香港法適用於案件的實體爭議，本案亦涉及相關中國內地的外匯監管法律法規的適用問題。
- 跨境判決執行：就一宗內地判決於香港申請強制執行之案件，代表其中一方參與香港高等法院有關程序。案件涉及中國內地民事訴訟法律，以及有關內地判決的終局性問題等。
- 公司/商事爭議：就某中國內地客戶與某香港上市公司之間借款協議糾紛，向客戶提供法律意見及啟動香港高等法院訴訟程序，案件適用香港法，並涉及商事欺詐、BVI公司恢覆注冊、清盤及有關香港公司高管之侵權責任等問題。
- 公司清盤案件：代表客戶針對香港一家上市公司提出清盤呈請，案件涉及客戶所購買由涉案公司發行的特定公司債券。此案涉及中國內地及香港兩地的跨境公司清盤程序及債務重整方案。
其他精選案例
商事訴訟與國際仲裁
- 就一份於澳門賭場簽訂的借款協議之有效性問題，代表涉案一方出席香港高等法庭聆訊，案件適用澳門法，並涉及香港法庭管轄權、口頭協議有效性、協議合法性等問題。
- 就一宗公司清盤案件代表某內地客戶參與香港高等法院有關法庭聆訊，案件涉及客戶與某香港上市公司之間就贖回到期公司債券而產生之爭議，及相關之債務追索。
- 就客戶基於某證券公司發行的公司債券以及公司據稱擁有的提前贖回權，在香港高等法院程序中代表客戶出席聆訊。該案涉及中國內地和香港同時進行的平行訴訟，兩地案件中的實體準據法均為香港法。在香港程序中，郭大律師受托申請撤銷缺席判決，與此同時，郭大律師亦向中國內地法院提供了香港法律意見書，就實體合同違約及禁反言等法律原則的適用，向內地法院提供意見。
- 就一項涉及中國內地某互聯網交易平台的供應鏈金融交易，提供香港法意見，案件涉及香港《放債人條例》（香港法例第163章）對中國內地有關交易的管制與適用問題。
- 為一家中國內地公司客戶就其潛在的香港高等法院訴訟事項提供法律意見。案件涉及客戶的離岸投資計劃和因在香港發行的公司債券而引起的基於信托安排的潛在索賠。
- 為一家香港公司客戶就其與外部投資者及其高級管理人員的潛在糾紛提供香港法律意見。
- 就針對香港某高科技合資夥伴的潛在索賠事項，向內地某公司客戶提供香港法律意見。爭議涉及客戶對某高科技醫療服務移動應用程序的投資，主要爭議事項適用香港法律。
- HKIAC仲裁: 參與一宗由香港國際仲裁中心（HKIAC）管理之仲裁案件，案件涉及某上市公司股權轉讓與質押，因交易相對方涉嫌欺詐而產生爭議，案件適用香港法，根據香港國際仲裁中心2018機構仲裁規則進行。
- HKIAC仲裁: 參與一宗由香港國際仲裁中心（HKIAC）管理之仲裁案件，案件涉及某中國內地客戶與某中國內地基金投資公司之間之投資、借款協議糾紛，爭議適用香港法，根據香港國際仲裁中心2018機構仲裁規則進行。
- HKIAC仲裁: 參與一宗由香港國際仲裁中心（HKIAC）管理之仲裁案件，案件涉及一項於中國內地開展的外商投資項目，交易方因內地行政法規修改而就項目的可行性發生爭議，案件適用中國內地法律，根據香港國際仲裁中心2018機構仲裁規則進行。
- ICC仲裁: 參與一宗由國際商會（ICC）管理之仲裁案件，案件涉及一項於中國內地開展的外商投資項目，雙方對因行政監管而導致的項目合法性問題產生爭議，爭議適用香港法，根據ICC仲裁規則（2017年版）進行。
- HKIAC仲裁: 參與一宗由香港國際仲裁中心（HKIAC）管理之仲裁案件，案件涉及一份中國內地某券商與境外自然人簽署之借款協議，案件適用香港法，根據香港國際仲裁中心2018機構仲裁規則進行。
- HKIAC仲裁: 參與一宗由香港國際仲裁中心（HKIAC）管理之仲裁案件，案件涉及因中國境內某投資主體與境外某機構簽訂之可轉換債券認購協議而產生之爭議，案件適用香港法，根據香港國際仲裁中心2018機構仲裁規則進行。
- HKIAC仲裁: 參與一宗由香港國際仲裁中心（HKIAC）管理之仲裁案件，案件涉及一份於香港簽訂的項目合約，爭議適用香港法，根據香港國際仲裁中心2018機構仲裁規則進行。
- HKIAC仲裁: 參與一宗由香港國際仲裁中心（HKIAC）管理之仲裁案件，案件涉及中國境內某娛樂公司之股權轉讓協議，案件適用香港法，根據香港國際仲裁中心2018機構仲裁規則進行。
- HKIAC仲裁: 參與一宗由香港國際仲裁中心（HKIAC）管理之仲裁案件，案件涉及一宗股權買賣交易，爭議適用香港法，根據香港國際仲裁中心2018機構仲裁規則進行。
- HKIAC仲裁: 參與一宗由香港國際仲裁中心（HKIAC）管理之仲裁案件，案件涉及一份於香港簽訂的項目合作合約，爭議適用香港法，根據聯合國貿易法委員會仲裁規則（UNCITRAL Rules）進行。
土地、信托及遺產
- 就某香港房地產開發商牽涉之土地及房產買賣糾紛，及相關香港高等法院訴訟案件程序提供法律意見，並代表客戶參與高等法院庭審。案件適用香港法，並具體涉及香港房地產法、合同法、房產估值及香港房產建築開發行政程序等問題。
- 就一宗涉及新界地區土地之案件，代表客戶參與香港高等法院聆訊，以贖回有關涉案按揭抵押。
- 就基於一份香港不動產買賣協議的潛在香港高等法庭訴訟事項提供法律意見，案件涉及香港法下聯權共有(Joint Tenancy)物業之轉讓所涉及的特別法律問題。
- 就客戶訂立遺囑的相關事宜提供香港法律意見。由於案件涉及客戶在香港和中國內地的財產繼承問題，因此本案亦涉及到與中國內地律師的協作。
證券監管及反洗錢
- 就香港證監會訴某中國內地客戶內幕交易案，代表案件其中一位被指明人士出席香港市場失當行為審裁處聆訊，案件涉及香港法下有關內幕交易之證券監管規則。
- 就某中國內地客戶於香港牽涉之反洗錢刑事調查提供香港法意見，案件涉及中國內地客戶在貨運買賣與跨境投資過程中，使用名義/代理股東所引發的反洗錢風險問題。
- 就某中國內地客戶牽涉的跨境稅務法律風險事宜，提供香港法意見，案件涉及加拿大稅務機關的稅收執法，以及香港地區有關稅收問題的跨境執行事宜和反洗錢問題。
人身傷害案件
- 為一名建築工地工人在其受雇於工地分包商的過程中所發生的事故及人身傷害問題，就法律責任和賠償金額等事項，提供法律意見。
- 就一份涉及受保分包商所雇用的一位建築工地工人所發生的人身傷害事故，向保險公司提供有關法律責任、賠償金額和證據等方面的法律意見。
- 為一名上市公司高管，就其於受雇過程中所發生的工傷事故，提供潛在人身傷害索賠金額的法律意見。
- 就一宗涉及人身傷亡的香港高等法庭案件提供法律意見，案件涉及專業人員於特殊場所下之特別注意義務，以及物業占有人之特別注意責任。
雇傭法、家事法、禁制令及其他
- 就一宗涉及香港事務律師專業利益沖突之禁制令申請案件，代表涉案一方出席香港高等法庭聆訊。
- 就與一名據稱因懷孕而受到歧視的女性求職者的潛在雇傭糾紛，為一家中國內地證券公司提供香港雇傭法意見。
- 為客戶與其前雇主就終止雇傭關系及客戶年度花紅權利的糾紛提供香港雇傭法意見。
- 就客戶擬進行的跨境離婚訴訟提供香港法意見，因案件涉及跨境婚姻，有關問題亦涉及到與中國內地律師之協作。
- 就客戶在中國內地和香港的潛在離婚訴訟提供香港法意見。
- 就與香港民事訴訟法有關的各種問題向某內地人民法院提供香港訴訟法意見。
顯示更多案例
發表文章
- 香港國際仲裁2023/2024年度綜述（Lexology）
- 香港法院：澄清仲裁條款在清盤/破產案件中的適用問題
- 香港法院首次就“多份合同單個仲裁”制度下仲裁條款的“兼容”要求做出裁判
- 香港法院：應適用“重心法”分析多份合同中存在不同爭議解決條款時的具體適用問題
- 香港終審法院：仲裁條款的前置條件是否滿足一般不涉及仲裁庭的管轄權問題
- 實務新規：內地民商事判決在香港執行的條件、方式和特別注意事項
- 案評 | 公司董事在特殊情況下對公司債權人亦應負有義務
- 案評 | 香港法院再次解讀股東查閱公司文件的有關規定
- 案評 | 香港法院拒絕執行一份內地仲裁裁決並認為當事人濫用仲裁程序
- 案評 | 香港法院重申支持仲裁裁決執行的一貫立場
- 案評 | 訴前“友好協商”也務必要字句斟酌
- 案評 | 一個“極不尋常”的案例
- 案評 | 香港高等法院在H訴L案中支持執行廣州仲裁委兩項裁決
- 案評 | 香港高等法院在G 訴 S 案中支持執行內地仲裁裁決
語言及其他
郭大律師以普通話為母語，並能操流利的英語及廣東話。他亦是香港大律師公會內地事務常務委員會委員及仲裁事務委員會委員。
教育背景
- 香港大學法學專業證書（PCLL）
- 香港大學法律碩士（J.D.）
- 北京大學法律碩士（J.M.）
劉韻瑩
大律師
香港認許年份：2020
紐約：2021
劉韻瑩大律師擁有香港大學法學和政治學雙一級學位，後來前往哈佛大學進修，其畢業論文獲得頂級獎項。 她曾在香港終審法院擔任法官助理，並獲得香港大律師學會獎學金。 她同時是美國紐約州執業律師。
劉韻瑩大律師接受各種業務範疇的委聘，她在民事和商業訴訟以及國際仲裁方面具有 廣泛的實務經驗。 她有處理在香港、倫敦和新加坡進行的仲裁的經驗。
劉韻瑩大律師能以英語、粵語和普通話提供法律咨詢和進行聆訊。
其他精選案例
仲裁
- HKIAC 仲裁（內容保密） 因股份購買協議和贖回權引起的商業糾紛。由藍德業資深大律師帶領。
- SIAC 仲裁（內容保密） 因船舶滯期費(demurrage)引起的海事商業糾紛。
- HKIAC 仲裁（內容保密） 因承辦商涉嫌違反指定分包商合同中的付款條款引起的建築仲裁。
- HKIAC 仲裁（內容保密） 針對建築合同付款條款以及建築工程是否有缺陷一事進行的建築仲裁。
- SIAC 仲裁（內容保密） Turnkey 合同引起的爭議。受聯合國國際貨物銷售合同公約 (CISG) 和新加坡法律管轄。
- ICC 仲裁（內容保密） 飛行模擬器銷售合同引起的商業糾紛。受紐約法律管轄。
- HKIAC 仲裁（內容保密） 因貨物銷售合同引起的爭議。
- HKIAC 仲裁（內容保密） 因貸款協議引起的商業糾紛。曾處理並駁回中止訴訟的申請。
- LCIA 仲裁 （內容保密） 有關投資產品不當銷售的爭議。受英國法律管轄。
商業/公司
- Lam Pak Kan 訴 Learn Smart Education Centre Limited & Anor, HCMP 1096/2024, 香港高等法院，香港一家連鎖私立補習中心的股東不公平損害 (Unfair Prejudice) 呈請。
- Top One Global Holdings Limited 訴 Su Da & Force Field Limited, HCA 2980/2017 & HCA 406/2018, 香港高等法院，涉及違反股份買賣協議中的保證的商業糾紛。
- Hong Kong Great Green Industrial Co., Ltd 訴 Qingxen Trade Ltd, HCA 1776/2023, 香港高等法院，緊急財產保存令申請。由石永泰資深大律師帶領。
- Aeneas Capital Limited & Ors 訴 Cheung Wing Tsz, HCA 655/2021, 香港高等法院，關於違反投資協議和和解協議、失實陳述、誹謗和惡意謊言的商業糾紛。
- Choi Hon Cheung 訴 Chan Chong Man [2024] HKCFI 538, HCA 1295/2022, 香港高等法院，關於違反貸款協議的商業糾紛。曾處理並駁回以不方便法院 (forum nonconveniens)為由提出的管轄權抗辯並中止訴訟的申請。
- Re Tse Tong Lam Antonio, HCB 1314/2023, 香港高等法院，駁回針對債務人的破產申請。
- Re Ready Technology Worldwide Limited, HCCW 369/2023, 香港高等法院，《公司（清盤及雜項條文）條例》（第 32 章）第 178(1)(a) 條提出清盤呈請。
- Wanfu Finance Company Ltd 訴 Tse Tong Lam Antonio & Anor, DCCJ 3571/2022, 香港區域法院，因放債人涉嫌違反《放債人條例》第 22、24、25 條而產生的爭議。曾處理並駁回放債人的簡易判決申請。
- William Wong 訴 Wong Shing Wai & Wong Shing Wah, , HCA 1367/2020 HCA 1469/2021, 香港高等法院，關於房地產開發業務管理的商業糾紛。曾處理緊急財產保存令申請。
- Canara Bank 訴 Excel Triumph Ltd & Anor [2021] HKCFI 3747, 香港高等法院，駁回因違反貸款協議和擔保協議而提出的簡易判決申請。
遺囑認證爭議和家事法庭
- Lau Wai Ling Winnie 訴 Lau Yu Ming David & Ors [2024] HKCFI 354, 香港高等法院，根據《遺囑認證及遺產管理條例》第 33 條申請罷免和任命遺囑執行人。
- Re LH & LW [2021] 3 HKLRD 707, 香港高等法院，根據《父母與子女條例》第 12(7) 條申請預先授權代孕安排的費用。
- SPF 訴 LSY, FCMC 14673/2017, 香港區域法院家事法庭，申請扣押收入令。駁回贍養費變更申請。
土地和建築管理
- Trillion Sino Ltd 訴 中國銀行, HCA 1514/2022, 香港高等法院，涉及漏水、滋擾、違反租賃協議和大廈公契的糾紛。
- 香港鐵路有限公司 訴 Kissbaby Company Ltd, HCA 853/2022, 香港高等法院，涉及違反租賃協議的糾紛。曾處理並駁回簡易判決的申請。
- 雅都花園業主⽴案法團 訴 樂福澤鑫有限公司 [2023] HKLdT 36, 香港土地審裁處，因業主拒絕繳付大廈裝修費及違反大廈公契引起的糾紛。
- 雅都花園業主⽴案法團 訴 吳恩誠 及 謝刻克 [2024] HKLdT 41, 香港土地審裁處，與違反公契及房屋守則改變建築物外觀有關的審訊。
一般民事糾紛
- Liu Hua 訴 Dr. Lau Chu Pak & The Hong Kong Sanatorium & Hospital Ltd [2023] 5 HKLRD 408，香港高等法院上訴法庭，處理與第三方證據披露申請有關的上訴。
- Li Mei Lee Angel 訴 Amaze Mobile Media Ltd, HCLA 13/2023, 香港高等法院，申請針對勞資審裁處的裁決提出上訴的許可。
- Loretta Wong 訴 Emily Chang, DCCJ 1984/2022, 香港區域法院，涉及誹謗和違反《個人資料(私隱)條例》的糾紛。
顯示更多案例
EDUCATION:
- LLM, Harvard Law School
- PCLL, University of Hong Kong
- LLB (First Class Honours), University of Hong Kong
- BSS (Govt & Laws) (First Class Honours), University of Hong Kong
SCHOLARSHIPS AND PRIZES
- Bar Scholarship
- Harvard Law School Writing Prize
- Dean’s Honours List
- CompliancePlus Consulting Limited Prize
- Philip KH Wong Foundation Scholarship
- Serena Yang Award
APPOINTMENTS
- Judicial Assistant (Court of Final Appeal)
PUBLICATIONS
- Co-author, Countering the Regional Trend of Recognising the Equal Enjoyment of Socio-economic and Fundamental Rights for the LGBT Community (International Bar Association)
Samantha’s LinkedIn page can be found here.
曾浩恩
大律師
認許年份：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 is developing a broad practice with experience in handling matters involving commercial, company, arbitration, land, probate, personal injury, employment and family.
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.
近期案例精選
- King Field Ltd v Tai Pak Sea-Food Restaurant Ltd & Anor:
- [2024] HKCFI 898: Application for a preservation order of 4 ships (which were formerly part of two renowned floating restaurants in Hong Kong) in the context of a claim for the specific performance of a contract (led by Mr. Ambrose Ho SC).
- [2024] HKCFI 2320: Two-day hearing on the form of the preservation order and on fortification (led by Mr. Ambrose Ho SC).
- Lam Hui Sai Ping v Tung Wah Group of Hospitals & Ors [2024] HKCFI 1025: Acted for a beneficiary in a trial concerning the validity of a will, involving issues of testamentary capacity and knowledge and approval (led by Mr. Ambrose Ho SC and Mr. Nelson Miu).
- High Route Ltd v Wong Chung Kai [2024] HKCFI 75: Appeared for the plaintiff in a trial concerning a claim for the recovery of deposits in a share purchase transaction to purchase a property, involving issues of due diligence investigation and good title (with Ms. Prisca Cheung).
- Tsai & Anor v Best Leader Precious Metals Ltd & Ors [2023] HKCFI 2124: Continuation of Mareva and proprietary injunctions in representative proceedings, involving claims of fraudulent misrepresentation, conspiracy and restitution (led by Mr. Norman Nip SC and Mr. Roger Phang). Leave to appeal granted in [2023] HKCFI 2871.
其他精選案例
Commercial / Company
- Power Securities Co Ltd v Sin Kwok Lam & Ors [2023] HKCA 594: Appeared as respondent on appeal to strike out a 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).
- Re Modena Technology Ltd [2023] HKCFI 1173: 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).
- King Field Ltd v Tai Pak Sea-Food Ltd & Anor, HCA 1494/2022: Concerning a claim for the specific performance of a contract involving 4 ships (with Ms. Joyce Leung).
- August Rosy Ltd & Anor v Baywind Ltd, HCA 2318/2017: Concerning a claim for the recovery of earnest monies in a share purchase transaction and whether negotiations were conducted in good faith.
- Advised on a contractual dispute concerning termination clauses, damages, and other ancillary interlocutory applications.
Civil fraud
- Yeung Lai Sze v Yeung Kin Pang & Ors [2023] HKCFI 695: Resisting an application for a proprietary injunction involving company shares and an undue influence claim (with Ms. Prisca Cheung).
- Atom Holdings (In Provisional Liquidation) v SWY & Anor, HCA 703/2023: Resisting an application to continue proprietary and Mareva injunctions; concerning a claim involving a transfer of company shares (with Mr. Adrian CK Wong).
Insolvency / Bankruptcy
- The Joint and Several Trustees in Bankruptcy v Eternity Ltd & Anor, HCA 1350/2023: Concerning a claim to set aside transactions including under the Bankruptcy Ordinance (Cap. 6) (led by Mr. Ambrose Ho SC).
- Re China Creative Digital Entertainment Ltd, HCCW 94/2023: Winding up petition of a non-Hong Kong company, involving attempts by the Company to put forward a restructuring proposal (as sole counsel).
- Re DDMC (HK) Ltd, HCCW 105/2022: Resisting a petition to wind up a Hong Kong company involving a secured creditor (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 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 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: Appeared for the petitioner in a petition to wind up a Hong Kong company (as sole counsel).
Arbitration
- A HKIAC Arbitration: Assisting in a dispute under the HKIAC rules involving a share purchase agreement and a shareholders’ agreement.
- A HKIAC Arbitration: Assisting in a dispute under the HKIAC rules involving an investment agreement.
- A HKIAC Arbitration: Assisting in a dispute under the HKIAC rules involving the redemption of various investments.
- A 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 / Building Management
- On Park Ltd v Incorporated Owners & Anor, HCA 980/2021: Concerning a claim for breach of the Deed of Mutual Covenant (DMC) along with counterclaim(s) for unpaid management fees and various deviations from layout plans (led by Mr. Ambrose Ho SC).
- Siu Shu Ching & Ors v Siu Kwok Cheung & Anor, HCA 1641/2013: Concerning a claim for adverse possession of lands in the New Territories. Appeared for the defendants in an application for a stay of execution pending appeal (with Ms. Prisca Cheung).
- Wong v Wong, DCCJ 1434/2024: Water seepage case (as sole counsel).
- Kwan v Chan & Ors, DCCJ 888/2022: Water seepage case (as sole counsel).
- Pacific Base Holdings Ltd & Ors v Lee Hop Biu & Ors [2024] HKLdT 48: 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.
Probate / Trusts
- Lam Hui Sai Ping v Tung Wah Group of Hospitals & Ors [2024] HKCFI 1025: Concerning a challenge to the validity of a will, involving issues of testamentary capacity and knowledge and approval (led by Mr. Ambrose Ho SC and Mr. Nelson Miu).
- Choy Yuen On David v Soka Gakkai International Ltd [2024] HKCFI 696: Concerning an application to vary a costs order after trial involving a charitable institution (with Mr. Michael Yin).
- Assisted in an Advice on the interpretation of a will and whether a gift to a beneficiary had failed.
Matrimonial
- LCG v IK, FCMP 231/2019: Appeared as respondent in a trial to resist a child-relocation application (with Mr. Felix Li).
顯示更多案例
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
APPOINTMENTS AND MEMBERSHIPS
- Board-appointed Member, Estate Agents Authority (2023 – 2025)
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)
謝家齊
大律師
認許年份：2024
Kelvin joined Chambers after completing his pupillage with Mr Horace Wong SC, Ms Catherine Wong, Mr Isaac Chan and Mr Roger Phang.
Prior to joining Chambers, Kelvin graduated top of his class in both his undergraduate degree, and his JD degree at The Chinese University of Hong Kong. After completing his PCLL with distinction, Kelvin went on to obtain his BCL at the University of Oxford. During his studies, Kelvin received multiple scholarships and prizes in recognition of his academic achievements. In addition, Kelvin published in peer-reviewed journals, and delivered a CPD seminar on service out of jurisdiction during his pupillage.
Kelvin is developing a broad civil and commercial practice, with a particular emphasis on company, insolvency, securities, and fraud related matters. He also accepts instructions in matters involving applications for injunctive relief (e.g. freezing orders, anti-suit injunctions, etc.). Apart from litigation, Kelvin is also developing a practice in arbitration.
EDUCATION
- BCL, University of Oxford (2023)
- PCLL (Distinction), The Chinese University of Hong Kong (2022)
- JD (Top of Class), The Chinese University of Hong Kong (2021)
- BA in Management Studies (Finance) (First Class Honours, Top of Class), University of Leicester (2019)
SCHOLARSHIPS AND PRIZES
- Dean's Letter of Distinction (2022)
- Prize for Criminal Litigation Practice (2022)
- Davis Polk & Wardwell Prize (2021)
- Dean's List (2021)
- HKSAR Government Scholarship for the PCLL (2022)
- Juris Doctor Silver Scholarship for High Academic Merit (2021)
- Juris Doctor Gold Scholarship for Outstanding Academic Merit (2020)
- CUHK Chinese Students and Scholars Association Scholarship (2020)
- Best BA in Management Studies Graduate Prize (2019)
- Distinction Award, Dean’s List (2016)
PUBLICATIONS
Peer-reviewed publications
- The Tort Gateway: The Missing Jigsaw Piece? [2023] L.M.C.L.Q. 211 (co-author)
- Proprietary Estoppel and Statutory Formalities: Implications for Hong Kong (2021) 85 Conv. 365
CPD Seminars
- "Approach to Service Out: A State of Confusion", CCTL Cross-Border Legal Issues Dialogue Seminar Series, CUHK Faculty of Law (April 2024) (co-speaker)
MEMBERSHIPS
- Associate Member, Chartered Institute of Arbitrators (since 2024)
LANGUAGES
- English, Cantonese, Mandarin
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