Rede Chambers

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. RECENT HIGHLIGHTS 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 3rdparty 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 OTHER NOTABLE CASES 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 AnthonyHCB 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 WongHCB 7696/2012 Re 李偉賢HCB4815/2012 Re Gin Yiu Chung JamesHCB 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 LimitedDCCJ 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 LtdHCMP 306/2016 Standard Chartered Bank (Hong Kong) Limited v Hong Kong Tun’s Paper LimitedHCMP 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 FaiHCA 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., CACV230/2013: 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 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)

Adrian T.Y. Wong

Adrian commenced full practice in 2020 following the successful completion of his pupillage under the supervision of Victor Dawes S.C., Norman Nip (now Norman Nip S.C.), Jonathan Wong, Isaac Chan and Benson Tsoi. He is now developing a broad civil practice, having appeared in all levels of the Hong Kong courts, either as sole counsel or a led junior. His recent highlights include acting for the Employees Compensation Assistance Fund Board in its appeal to the Court of Final Appeal in Fong Chak Kwan v Employees Compensation Assistance Fund Board (FACV 5/2022) on a question involving the proper interpretation of the tort jurisdictional ‘gateway’ commonly relied on in service-out applications, and for the Competition Commission in its first ever enforcement proceedings adopting the Carecraft procedure in a ‘hybrid settlement’ case in Competition Commission v Kam Kwong Engineering Co Ltd [2020] 4 HKLRD 61. Prior to joining the Bar, Adrian qualified as a solicitor after having trained with an international law firm. He obtained his LLB and PCLL from the University of Hong Kong, and further obtained an LLM with distinction from the London School of Economics (placing in the top 10% of his cohort) and an LLM with first class honours from the University of Cambridge (ranking 4th in his cohort with first class grades in all subjects). Adrian was awarded the Middle Temple Advocacy Scholarship in 2019. RECENT HIGHLIGHTS Commercial Wen Yuzhou & Ors v Man Shu Kwan[2021] HKCFI 2510: application for worldwide Mareva injunction in aid of SCIA arbitration proceedings in Shenzhen Converge Design and Construction Co Ltd v Mount Kelly International Ltd[2020] HKCFI 2433, [2021] HKCFI 1591 & [2021] HKCFI 1908: trial of dispute over outstanding sums due under renovation contracts (with Desmond Leung) CMB Wing Lung Bank Ltd v Guang Rong Finance(HCA 419/2021): opposing continuation and discharge of worldwide Mareva injunction against subsidiary of state-owned enterprise (with Michael Lok) Kenneth Walter Chad v Chow Yin Man(HCA 643/2020): dispute over ‘success fees’ arising out of sale of multi-national video-conferencing solutions business (with Isaac Chan) Incu Global v Skybound Capital (HK) Ltd(HCA 853/2018): dispute between manager and advisors of investment fund over futures/options trading and outstanding fees (led by Norman Nip S.C.) Yuen Chun Max v Chong Man Yuk(HCA 1740/2015): trial of business dispute over chain of medical practices (led by Victor Dawes S.C. and with Michael Lok) Bankruptcy & Insolvency 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, now Norman Nip S.C.) Re Forever Winner International Development Ltd(HCCW 80/2021): petition to wind-up trading arm of PRC fashion brand operator Grand T G Gold Holdings Ltd v Lee Sing Leung Robin(HCMP 859/2020): interim injunction restraining presentation of winding-up petition Re North Mining Shares Company Ltd(HCCW 452/2021): supporting petition to wind-up listed company engaged in mining and chemical trading operations Re Carnival Group International Holdings Ltd(HCCW 48/2020): supporting petition to wind-up a listed company engaged in leisure and consumption business Re Brightoil Petroleum (Holdings) Ltd(HCCW 147/2019): petition to wind-up listed company engaged in resource-based energy business Property & Probate Ho Man Che Peter v Tam Miu Chi(HCAP 1/2021): probate action to propound will (led by Edward Chan S.C.) Cheung Kei Center Ltd v Mount Kelly International Ltd(HCA 1383/2019 & HCA 1668/2019): tenancy dispute over early termination of commercial lease Bank of Baroda v Goyal Mukesh Kumar(HCMP 891/2019): resisting mortgage action based on liabilities under banking facilities (with Christopher Chain) Civil Fraud & Asset Recovery Euro Cargo Aviation HK Ltd v HK Wing Tat Co., Ltd (HCA 836/2021): resisting application to set aside default judgment for sums misappropriated by email fraud NongHyup Bank v Universe Income Builder Fund Series VI LLC[2021] HKCFI 107 & [2021] HKCFI 3519: action based on breaches of trust/contract arising from investment scheme for gold trading (with Roger Phang) Employment & Insurance FWD Life Insurance Company (Bermuda) Ltd v Cheung Lik Keung(HCA 705/2020): claim for ‘clawback’ of signing fee and bonuses from ex-insurance agent 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.) Personal Injuries & Employees’ Compensation Fong Chak Kwan v Employees Compensation Assistance Fund Board(FAMV 43/2022, FACV 5/2022) [2022] HKCFA 4: appeal on question involving interpretation of ‘damage’ limb of tort jurisdictional gateway (led by Horace Wong S.C. and with Clark Wang) Regulatory Competition Commission v Kam Kwong Engineering Co Ltd[2020] 4 HKLRD 61: representing Commission in first enforcement proceedings adopting the Carecraft procedure in a ‘hybrid settlement’ case (led by Victor Dawes S.C. and with Isaac Chan) Arbitration HKIAC Arbitrationinvolving a USD45 million claim for breach of software licensing agreements, copyright infringement, fraud/deceit and unfair competition

Alexsander ST Wong

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. RECENT HIGHLIGHTS Technic Star Universal Limited v Tiny Loveand 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.) OTHER NOTABLE CASES Commercial Gao Haiyan & Ors v Keeneye Holdings & OrsHCA 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 & OrsHCA 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 InvestmentsLimited & 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.) com, LLC v Yingcai Tech Limited & Ors [2018] HKCFI 2172 – Successfully resisted a tracing claim of the plaintiff based on the defence of bona fidepurchaser 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

Ambrose Ho SC KC

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. RECENT HIGHLIGHTS 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 OTHER NOTABLE CASES 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 HKC214, [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 LimitedKam 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 vHospital 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)

Brian Chok

Brian Chok has a broad civil practice with strong emphases on corporate, commercial, land, building management, construction and personal injuries matters. In the commercial and corporate field, Brian has diverse experiences in representing clients in contractual, breaches of directors’ duties and shareholders’ disputes involving local boutique corporate business, as well as corporates including listed companies with strong ties and developments outside Hong Kong, particularly in Mainland China. His exposure also extends to day-to-day transaction mechanisms involving B2B and B2C e-commerce. Brian has also frequently advised owners, Incorporated Owners, management companies and tenants on tenancy, ownership, and water seepage matters. In particular, in Great Tower Development Ltd v The Incorporated Owners of Luso Apartments [2021] HKDC 1138, Brian as sole counsel successfully defended the IO in absolving from its liability even when the source of seepage was adjudicated to be from common parts. Further, he is familiar with the procedural requirements under DMCs and BMO in challenging the validity of meetings of the IO and Owners’ Committee and the propriety of the imposition of management fees. RECENT HIGHLIGHTS Construction New City Construction Co. Ltd v Lik Hang Engineering (HK) Company (HCMP 303/2022) – representing the main contractor in applying for an injunction to restrain presentation of petition involving a cross-claim for prolongation costs REC Engineering Company Limited v Unistress Building Construction Limited(DCCJ 5962/2019) – representing the main contractor in defending sub-contractor’s claim for outstanding payment for installation work. Coxgomyl Hong Kong Limited v Unistress Building Construction Limited (DCCJ 552/2016) – representing the main contractor in defending sub-contractor’s claim for outstanding payment for provision of gandola services. Melofield Nursery and Landscape Contractor Limited v New City Construction Company Limited(DCCJ 4634/2020) – representing the main contractor in defending service provider’s claim for outstanding payment for landscaping services and in counterclaiming the service provider for damages due to its poor performance. Company and Commercial 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. Li Kwan Ho v Tsoi Ka Yin (HCA 1535/2021) (with Mike Lui) – representing the Defendant for indemnity of IPO expenses incurred by the company pursuant to the Deed of Indemnity. Long Hai Hong v Chan Yu, Lydia and Others (HCMP 3179/2013, HCA 175/2018, HCA 721 & 1537/2019) – representing the company in a derivative action and a rectification action to strike the name of a shareholder off the company’s registry.< Zhang Hui and Another v Hangzhou Bicheng Network Technology Co., Ltd and Others(HCA 1609/2020) (with Alexsander Wong) – representing the subsidiary in defending a claim of fraudulent transfers of shares and changes of directorship. Qupital Limited v Cross Hong Kong Trading Limited and Another(DCCJ 75/2021) – representing the Defendants in a restitution claim concerning trade receivables arising from e-commerce platforms. Zhang Jingli v Kai De International Holding Limited and Another(HCA 1187/2020) (with Alexsander Wong) – representing the Plaintiff in suing the company and its director for unauthorised disposition of the company assets under charge. Target Way (HK) Limited v Tollegno Far East Co. Limited and Others(HCMP 2755/2017 & HCA 1257/2017) (with Mike Lui) – unfair prejudice petition against the Company concerning unfair shareholder loan agreements and repayment of shareholder loans against the Company. Re Huaxin Investment Holding Limited(HCCW 113/2011) (with Elaine Liu) – representing the liquidators in a s. 182 Cap.32 application and resisting a claim for variation of adjudication on proof of debts. Bankruptcy and Insolvency Re: Tamimi, Arif Sultan (HCB3055/2021) – representing the petitioner concerning debts of outstanding rental payments Re: Lam Chung Ho (HCB 3766/2021) – 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$23m. 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. Intellectual Property Akris Pret-A-Porter AG v Akris (Hong Kong) Limited(HCA 2001/2016) – representing the Plaintiff to seek an injunction in a passing-off action. Maison Joseph Battat Ltee v HK Nukied Industrial Limited(HCA 3154/2016) –representing the Plaintiff to seek an injunction in a passing-off action. Guangzhou Walkera Technology Co. Ltd v Sung Yung trading as Chrmic Trading Company(HCA 900/2017) – representing the Plaintiff in a security for costs application in a passing-off action. Personal Injuries Wu Wai Ting v The Incorporated Owners of Tung Kin Factory Building (DCPI 719/2020) – representing the IO in a “slip and fall” case taken place at the common stairs. Tsui Choi Fa v Lam Yuet Ping and Others(HCPI 442/2014 & DCPI 2713/2018) (with Damian Wong) – representing the main contractor and sub-contractor concerning an accident taken place at a construction site in a personal injuries action. Chan Chiu Tung v Cheng Ka Fai Philip and Another(HCPI 575/2017) – representing the registered car-owner concerning a motor-cycle accident in a personal injuries action. Wong Suk Chun v New City Construction Co., Ltd(DCPI 1872/2020) – representing the main contractor in defending a claim by a pedestrian allegedly being tripped over by a hose in the construction site. Chong Foo Nyon v Lee Choi Yee and Others(DCPI 1086/2020) – defending the driver in a traffic accident in which serious injuries were sustained by the Plaintiff and the driver himself i.e. amputation of limbs. Property and Building Management Great Tower Development Limited v The Incorporated Owners of Luso Apartments (DCCJ 331/2022) – representing the IO in defending the claim for negligence and nuisance for failure to repair external walls following the Court’s adjudication. Yu Chung Man and Another v The Incorporated Owners of Cheerful Garden (LDBM 294/2019) – representing the IO in a stay application pending appeal concerning the validity of the IO’s resolution to indemnify the IO Chairman his legal expenses in defending a defamation case Wong Fo Keung v Honest Limited and Another (DCCJ 5890/2021) – representing the owner in a water seepage claim Li Wai Keung and Another v Law Chi Leung and Another(DCCJ 2312/2018) – representing the Defendant in a water seepage claim. The Incorporated Owners of the Regalia v Siu Yiu Man and Another; Wong Tak Yun and Another (HCSA 15&16/2018) – representing the owners in challenging the validity of resolution concerning the establishment of Special Fund on the ground of insufficient notice and the right of the IO to collect an increased management fee in breach of procedural requirements under BMO. Great Tower Development Limited v The Incorporated Owners of Luso Apartments(DCCJ 2308/2017) – representing the IO in defending an alleged water seepage from common area and counterclaiming for outstanding management fees. Hong Kong Sunward Fishery Restaurant Management and Another v Leong Yoke Wah Sharon and Chung So Si Fong Dessert Limited (HCA 1165/2019) (with Mike Lui) – representing the Plaintiffs against the chained desert restaurants and their staff in obtaining a quia timetinjunction for threat to dispose of documents and in pursuing the claim for derogation from grant, trespass to goods and conversion. Chan Wing Kin and Others v The Incorporated Owners of Covent Garden[2019] 4 HKC 186 – representing the Applicants in arguing that the user of the car-park includes the car-parking space owners, not being a residential flat owner. Tsuei Sheng Chen and Another v Tsuei Ka Yee Grace(HCA 3388/2016) – representing the Plaintiffs to seek an injunction, recovery of land and damages for trespass to person. OTHER NOTABLE CASES Construction New City Construction Co. Ltd v Lik Hang Engineering (HK) Company (HCMP 303/2022) – representing the main contractor in applying for an injunction to restrain presentation of petition involving a cross-claim for prolongation costs REC Engineering Company Limited v Unistress Building Construction Limited(DCCJ 5962/2019) – representing the main contractor in defending sub-contractor’s claim for outstanding payment for installation work. Coxgomyl Hong Kong Limited v Unistress Building Construction Limited (DCCJ 552/2016) – representing the main contractor in defending sub-contractor’s claim for outstanding payment for provision of gandola services. Melofield Nursery and Landscape Contractor Limited v New City Construction Company Limited(DCCJ 4634/2020) – representing the main contractor in defending service provider’s claim for outstanding payment for landscaping services and in counterclaiming the service provider for damages due to its poor performance. Company and Commercial 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. Li Kwan Ho v Tsoi Ka Yin (HCA 1535/2021) (with Mike Lui) – representing the Defendant for indemnity of IPO expenses incurred by the company pursuant to the Deed of Indemnity. Long Hai Hong v Chan Yu, Lydia and Others (HCMP 3179/2013, HCA 175/2018, HCA 721 & 1537/2019) – representing the company in a derivative action and a rectification action to strike the name of a shareholder off the company’s registry. Zhang Hui and Another v Hangzhou Bicheng Network Technology Co., Ltd and Others(HCA 1609/2020) (with Alexsander Wong) – representing the subsidiary in defending a claim of fraudulent transfers of shares and changes of directorship. Qupital Limited v Cross Hong Kong Trading Limited and Another(DCCJ 75/2021) – representing the Defendants in a restitution claim concerning trade receivables arising from e-commerce platforms. Zhang Jingli v Kai De International Holding Limited and Another(HCA 1187/2020) (with Alexsander Wong) – representing the Plaintiff in suing the company and its director for unauthorised disposition of the company assets under charge. Target Way (HK) Limited v Tollegno Far East Co. Limited and Others(HCMP 2755/2017 & HCA 1257/2017) (with Mike Lui) – unfair prejudice petition against the Company concerning unfair shareholder loan agreements and repayment of shareholder loans against the Company. Re Huaxin Investment Holding Limited(HCCW 113/2011) (with Elaine Liu) – representing the liquidators in a s. 182 Cap.32 application and resisting a claim for variation of adjudication on proof of debts. Bankruptcy and Insolvency Re: Tamimi, Arif Sultan (HCB3055/2021) – representing the petitioner concerning debts of outstanding rental payments Re: Lam Chung Ho (HCB 3766/2021) – 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$23m. 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. Intellectual Property Akris Pret-A-Porter AG v Akris (Hong Kong) Limited(HCA 2001/2016) – representing the Plaintiff to seek an injunction in a passing-off action. Maison Joseph Battat Ltee v HK Nukied Industrial Limited(HCA 3154/2016) –representing the Plaintiff to seek an injunction in a passing-off action. Guangzhou Walkera Technology Co. Ltd v Sung Yung trading as Chrmic Trading Company(HCA 900/2017) – representing the Plaintiff in a security for costs application in a passing-off action. Personal Injuries Wu Wai Ting v The Incorporated Owners of Tung Kin Factory Building (DCPI 719/2020) – representing the IO in a “slip and fall” case taken place at the common stairs. Tsui Choi Fa v Lam Yuet Ping and Others(HCPI 442/2014 & DCPI 2713/2018) (with Damian Wong) – representing the main contractor and sub-contractor concerning an accident taken place at a construction site in a personal injuries action. Chan Chiu Tung v Cheng Ka Fai Philip and Another(HCPI 575/2017) – representing the registered car-owner concerning a motor-cycle accident in a personal injuries action. Wong Suk Chun v New City Construction Co., Ltd(DCPI 1872/2020) – representing the main contractor in defending a claim by a pedestrian allegedly being tripped over by a hose in the construction site. Chong Foo Nyon v Lee Choi Yee and Others(DCPI 1086/2020) – defending the driver in a traffic accident in which serious injuries were sustained by the Plaintiff and the driver himself i.e. amputation of limbs. Property and Building Management Great Tower Development Limited v The Incorporated Owners of Luso Apartments (DCCJ 331/2022) – representing the IO in defending the claim for negligence and nuisance for failure to repair external walls following the Court’s adjudication. Yu Chung Man and Another v The Incorporated Owners of Cheerful Garden (LDBM 294/2019) – representing the IO in a stay application pending appeal concerning the validity of the IO’s resolution to indemnify the IO Chairman his legal expenses in defending a defamation case Wong Fo Keung v Honest Limited and Another (DCCJ 5890/2021) – representing the owner in a water seepage claim Li Wai Keung and Another v Law Chi Leung and Another(DCCJ 2312/2018) – representing the Defendant in a water seepage claim. The Incorporated Owners of the Regalia v Siu Yiu Man and Another; Wong Tak Yun and Another (HCSA 15&16/2018) – representing the owners in challenging the validity of resolution concerning the establishment of Special Fund on the ground of insufficient notice and the right of the IO to collect an increased management fee in breach of procedural requirements under BMO. Great Tower Development Limited v The Incorporated Owners of Luso Apartments(DCCJ 2308/2017) – representing the IO in defending an alleged water seepage from common area and counterclaiming for outstanding management fees. Hong Kong Sunward Fishery Restaurant Management and Another v Leong Yoke Wah Sharon and Chung So Si Fong Dessert Limited (HCA 1165/2019) (with Mike Lui) – representing the Plaintiffs against the chained desert restaurants and their staff in obtaining a quia timetinjunction for threat to dispose of documents and in pursuing the claim for derogation from grant, trespass to goods and conversion. Chan Wing Kin and Others v The Incorporated Owners of Covent Garden[2019] 4 HKC 186 – representing the Applicants in arguing that the user of the car-park includes the car-parking space owners, not being a residential flat owner. Tsuei Sheng Chen and Another v Tsuei Ka Yee Grace(HCA 3388/2016) – representing the Plaintiffs to seek an injunction, recovery of land and damages for trespass to person. 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)

Candice Lau

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.

Clark Wang

Clark Wang is one of the first batches of students recruited by the University of Hong Kong from top PRC universities under the Jockey Club Scholarship Programme following the handover of Hong Kong in 1997. As a native mandarin speaker with dual education and qualification in both mainland PRC and Hong Kong, Clark has the perfect skillset to solve disputes with PRC elements and has for that reason developed a substantial practice in cross-border litigation and arbitration in areas such as contractual disputes, corporate shareholders’ disputes, company matters, securities law and family matters. Clark understands the legal and commercial reality of both jurisdictions therefore is able to identify and present the cases of his PRC clients to Hong Kong Courts in the proper PRC context and background. Conversely, he is also able to explain Hong Kong law to his PRC clients as well as the PRC courts and arbitral tribunals in a simple and straightforward manner. Due to his skills and expertise, he has had the honour to be invited to act as an amicus curiae to advise the Court of Appeal and to represent and advise the Hong Kong government and public bodies including the Securities and Futures Commission in PRC related cases. Clark is also experienced in other areas such as personal injuries, insurance, trust, land, and probate matters. Clark has been recognised by The Legal 500 2022 to be “excellent in understanding the client’s commercial goals and provides thoughtful strategic advice”. RECENT HIGHLIGHTS Employees Compensation Assistance Fund Board v. Fong Chak Kwan FAMV 43/2022 – Acting for the Employees Compensation Assistance Fund Board in the leading case on the interpretation of the tort gateway under O. 11 r. 1(1)(f) Rules of the High Court (Cap 4A). Lawin (HK) Ltd v Ng Yau Fong Yvonne and Ors[2022] 2 HKCFI 410 – Acting for several parties in a group of multi-party litigations involving disputes in land and issues including partnership, joint venture, agency, beneficial interest of a purchaser of land before completion, breach of fiduciary duties and voidable dispositions of land. OTHER NOTABLE CASES Commercial / Company Daimler AG v Herbert Heinz Horst Leiduck and Anor, HCA 4089/1994, CACV 172/2011 – Multi-jurisdictional commercial dispute against one of the most famous car manufacturers Daimler AG on international sale of goods contracts involving issues of Mareva injunction, fraud, bribery, privilege, interrogatories, sanctions of pre-emptive order, medical issues etc. that spanned almost 30 years. In particular, this case is linked to the US SEC’s investigation and sanction of Daimler AG. Gao Haiyan and Another v Ma Maogen HCA 466/2012; Achieve Goal Holdings Ltd v. Zhong Xin Ore-Material Holding Co LtdHCA 1987/2005 (also other related actions in HCA 1315/2012, HCCT 41/2010, CACV6/2019, FAMV 163/2020 etc.) – A series of shareholders’ disputes for the control and ownership of a coal mine situated in Shaanxi, PRC valued over RMB 2 billion fought across the border whereby issues such as enforcement of arbitration award, contractual interpretation, PRC tax law, fraud (upon both parties and Courts of Hong Kong and mainland PRC), misrepresentation, etc. are intertwined. 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) – A USD300 million multi-jurisdictional dispute involving the sale and purchase of a famous Chinese restaurant chain “South Beauty” by a private equity fund CVC. The main proceedings were conducted by way of CIETAC arbitration (applying HK law) whilst ancillary litigations were conducted in various jurisdictions such as mainland PRC, HK, Singapore and the US. Yingde Gases Investment Ltd v Shihlien China Holdings Co Ltd HCA 2059/2012 – A cross-border commercial dispute between partners of a joint-venture involving issues including jurisdiction, arbitration clause, interpretation of contract etc. and foreign laws including PRC law and Taiwan law. Arbitration Represented an investment fund in a multi-jurisdictional commercial battle for the control and operation of a world-famous French cuisine brand established by a renowned Michelin-starred French master chef. Various litigations and arbitrations were instituted both in Hong Kong (HKIAC arbitration, CIETAC arbitration) and in mainland PRC (SHIAC arbitration, court litigation and various trademark disputes in PRC). The disputes centre around the licencing rights and goodwill to open and operate restaurants, tearooms, cellars, etc. under various shareholder’s agreements, sale and purchase agreements and licencing agreements. Represented a PRC based investment fund in HKIAC proceedings against respondents of various jurisdictions arising out of shareholders’ agreement and sale and purchase agreement and successfully obtained Mareva injunctions in multiple jurisdictions in aid of arbitration. Represented a PRC State Owned Enterprise in HKIAC proceedings to enforce a sale and purchase agreement of certain machinery. Represented a Taiwan listed company in HKIAC and court proceedings in relation to a dispute of trading and agency agreement in the electronics industry. Represented a foreign owned real estate developer in CIETAC proceedings to enforce contracts relating to the sale and purchase of certain real estate project. Lo Siu Wa v Employees Compensation Assistance Fund Board and Anor[2018] CFA 3 – Leading case on interpretation of insurance policies in the area of personal injuries and employees’ compensation. So Yuk Kam v Liu, Chan & Lam (a firm) and AnotherCACV 105/2014 – A personal injury case where professional negligence of a solicitor firm and the proper statutory interpretation of the Employees’ Compensation Assistance Ordinance, Cap 365 in respect of the duties and obligations of the Employees Compensation Assistance Fund Board was\s hotly disputed. Family W v C[2013] 2 HKLRD 602 – Acted as the amicus curiae in divorce proceedings whereby the issue of domicile, the jurisdiction of the Court to hear the divorce petition and the application of the principle of forum non conveniens were raised. Y v W, FCMC 1847/2011 – A jurisdiction challenge in a matrimonial dispute where the Domicile Ordinance, Cap 596 was first analyzed and applied since its coming to force in Hong Kong with PRC law opinions involved. Land and Trust Wong Kam Tong v The Incorporated Owners of Yuen Long Tin Shing Court, [2012] 2 HKLRD 1128 – Leading case on the Court’s approach to award costs in the post-CJR era. New Champion (HK) Ltd v Treble & Triple Ltd, HCA 2691/2008 – Conveyancing dispute involving the interpretation of sale and purchase contract, especially the “escape clauses”. Others Secretary for Justice v Chan Thao Phoumy and Another, [2018] 3 HKLRD 310 -Rrepresenting the Secretary for Justice in a landmark application to enforce the confiscation order made by the Intermediate People’s Court of Guangzhou in Hong Kong. DIRECTORY QUOTATIONS “Clark is excellent in understanding the client’s commercial goals and provides thoughtful strategic advice. He has a good command of the facts, and his legal submissions are succinct and to the point.” (Legal 500 2022)

Francis Chung

Francis has a broad civil practice, with particular emphasis on securities and regulatory, insurance, land, trust and probate, arbitration and commercial crime cases. Qualified as an associate of the Chartered Governance Institute, Francis has acted for both the Securities and Futures Commission and senior management of Hong Kong listed companies in securities and regulatory cases, and has appeared before courts and specialist tribunals including the Market Misconduct Tribunal. He is also a Fellow at the Chartered Institute of Arbitrators, and has experience in arbitration proceedings under the UNCITRAL Arbitration Rules and the HKIAC Administered Arbitration Rules. He has also acted for multi-national insurers in different insurance litigation including public liability, personal injury and employees’ compensation cases. Besides his civil practice, Francis often acts for defence in different commercial crime cases. He also acts as a prosecutor on fiat for the Department of Justice in the District Court. RECENT HIGHLIGHTS Market Misconduct Tribunal Inquiry re China Forestry Holdings Company Limited (delisted): Acted for the CEO of a listed company engaged in forestry business for the alleged (i) insider dealing of HK$400 million and (ii) disclosure of false or misleading information inducing transactions. China Forestry Holdings Co Ltd (In Official Liquidation) v Top Wisdom Overseas Holdings Limited [2021] HKCFI 2761: Acted for the CEO of a listed company in striking out the proprietary claim in a sum of HK$400 million for the alleged breach of fiduciary duties to the company Wing Wo Lung Company Limited v Jam Moo Ching[2021] HKCA 472; [2021] HKCA 1734 :Successfully appealed for the landlord of a building on Des Voeux Road Central at the Court of Appeal against the defendant’s occupation of external wall. Sunbroad Holdings Limited v A80 Paris HK Limited (HCA 735/2020 & HCA 1174/2021):Acted for a company specialising in haircare products in defending a summary judgment application involving around HK$10 million arrears of rent on the grounds of (a) frustration and (b) the landlord’s failure to terminate the tenancy agreement in the outbreak of COVID-19. HKSAR v Fung Ping Fai [2021] HKDC 1578 :Successfully defended for the founder and managing director of a Hong Kong tourist agency in relation to the charges of (i) theft of HK$4 million and (ii) publication of false statements by company directors. OTHER NOTABLE CASES Securities and Regulatory Securities and Futures Commission v Superb Summit International Group Limited (HCMP 2305/2020): Acted for two company secretaries in a listed company engaged in forestry business in section 214 proceedings involving claims of over HK$200 million. Re a Listed Company under Suspension of Trading of Shares under section 9 of the Securities and Futures (Stock Market Listing) Rules (Cap. 571V): Acted for the Securities and Futures Commission in the application by a listed company to resume trading of its shares. Arbitration Arbitration under the HKIAC Administered Arbitration Rules Acted for a Hong Kong company in a cross-border sale of goods dispute involving a sum of US$7 million. Acted for a PRC company in a cross-border intellectual property dispute involving licensing of online games in Asian countries. Acted for a Hong Kong listed company in a debt claim of US$2 million. Insurance, Public Liability, Personal Injury and Employees’ Compensation Chan Ping Wah v Cayley Property Management Ltd [2020] HKCFI 3010: Acted for a multi-national public liability insurer in a case concerning a novel issue of applicability of the Control of Exemption Clauses Ordinance (Cap. 71) to the deed of mutual covenant. Leung Hong Wah Andy v Shum Wang Chiu and The Prudential Assurance Co Ltd [2021] HKCFI 997.Acted for the employee of a multi-national insurer in the application for (i) release of implied undertaking and (ii) amendment of pleadings in an employment case. Naseem Abbas v Rising Aerial Platform Co Ltd;Mahmood Ansar v Rising Aerial Platform Co Ltd [2021] HKDC 387: Acted for the principal contractor on the compensation assessment under the Employees’ Compensation Ordinance (Cap. 282). Land, Trust and Probate Wong Kit Chee, the Executrix of the Estate of Tse Lai Ying, the Deceased v Wong Shiu Kwong [2019] HKCFI 1000:Acted for the son in resisting the executrix’s claim for constructive trust on a ground floor shop amounting to HK$30 million. Wong Ho Ching v Appeal Tribunal (Buildings Ordinance) [2020] HKCFI 2738; Re Appeal against the Building Authority’s Order before the Appeal Tribunal (Buildings Ordinance)(BA 150/2019): Acted for the applicants in the leave application for judicial review against a series of procedural decisions on discovery made by the Appeal Tribunal (Buildings Ordinance). Sin Chan Kam v The Incorporated Owners of Wai Sun Building [2019] HKLdT 32:Acted for the registered owner of a ground floor shop against the incorporated owners for the latter’s breach of deed of mutual covenant. PUBLICATIONS Legal Publications Halsbury’s Laws of Hong Kong, Vol 42, New Territories Annotated Ordinance of Hong Kong – Smoking (Public Health) Ordinance (Cap 371) Annotated Ordinance of Hong Kong – Clubs (Safety of Premises) Ordinance (Cap 376) Seminars “Acting for Specified Persons in the Market Misconduct Tribunal: Procedure and Practice” (Nov 2021) “(Quasi-)Easements Litigation: Some Examples in the New Territories and Multi-storey Buildings” (Oct 2019)

Horace Wong SC KC

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). RECENT HIGHLIGHTS 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. OTHER NOTABLE CASES 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)

Isaac Chan

Isaac’s practice focuses on commercial and financial disputes, financial regulatory proceedings, banking disputes, trust and property disputes. He is often instructed for cases with complex elements involving a multi-disciplinary angle. In addition to his advocacy work in the courts, Isaac regularly appears in regulatory proceedings before specialist tribunals such as the Market Misconduct Tribunal and the Competition Tribunal. He also advises regularly on matters in relation to the Listing Rules of the Hong Kong Exchange, including inquiries by the Listing Division and proceedings before the Listing Committee as well as the Listing Review Committee. Besides his civil practice, Isaac is also experienced in white-collar criminal defence work. He has been involved in certain substantial trials, such as the trial of the former Chief Secretary of Hong Kong for corruption, as well as the trial of the former chairman of the Hong Kong General Chambers of Commerce for conspiracy to defraud. Prior to joining the Bar, Isaac obtained his LLB (Government & Laws) and PCLL from the University of Hong Kong, and his LLM from the London School of Economics. He further obtained a Postgraduate Diploma in EU Competition Law from King’s College London. Isaac was a recipient of the Bar Scholarship and the Charles Ching Memorial Scholarship. RECENT HIGHLIGHTS Winland Finance Ltd v Gain Hero Finance Ltd [2022] HKCFA 3; [2021] 2 HKLRD 72, [2021] HKCA 576;[2019] 2 HKLRD 50, [2019] HKCFI 771: Appeared in the Court of Final Appeal and the courts below in a case concerning priority between a charging order and an equitable assignment of sale proceeds Competition Commission v Kam Kwong Engineering Co Ltd & Ors [2020] 4 HKLRD 61, [2020] HKCT 3: Appeared for the Competition Commission in its first ever enforcement proceedings seeking pecuniary penalties against individuals China Forestry Holdings Co Ltd (in official liquidation) v Top Wisdom Overseas Holdings Limited & Anor [2020] 2 HKLRD 387, [2020] HKCFI 526; [2021] HKCFI 2761: Acted for a former chief executive office of a listed company in a proprietary claim brought by the liquidator over, inter alia, the profits of alleged insider dealing OTHER NOTABLE CASES Financial Regulations Market Misconduct Tribunal inquiry re China Forestry Holdings Co. Ltd. (delisted): Acted for a former executive of a listed company in market misconduct proceedings involving allegations of publication of false and misleading information inducing transactions and insider dealing Market Misconduct Tribunal inquiry re China Gas Holdings Limited (stock code 0384); Securities and Futures Commission v Cheng Chak Ngok[2018] 4 HKLRD 612, [2018] HKCA 590: Appeared for the Securities and Futures Commission before the Market Misconduct Tribunal and in the Court of Appeal in a case concerning insider dealing and the burden of proof in inquisitorial proceedings Securities and Futures Commission v Wong Yuen Yee & Ors [2017] 1 HKLRD 788: Appeared for the respondents in seeking discovery of unused materials against the Securities and Futures Commission in disqualification proceedings; [2019] HKCFI 2463: Appeared in the Carecrafthearing Securities and Futures Commission v Yik Fong Fong & Ors, HCA 2524/2016: Acted for the respondents (pre-trial) in an insider dealing claim commenced and conducted as a High Court writ action Securities and Futures Commission v Lee Sung Ho (also known as Stanley Lee and Stanley Sung Ho Lee) & Ors, HCA 2177/2011, 5 September 2012: Appeared for the respondent in striking out an insider dealing claim and resisting continuation of a Marevainjunction Advising on various inquiries by the Listing Division and/or proceedings before the Listing Committee and the Listing Review Committee of the Hong Kong Stock Exchange, particularly in relation to fitness and properness of individuals to act as directors of listed companies Banking and Finance Standard Chartered Bank (HK) Ltd v Pak Kwan Ho & Anor[2018] HKCFI 523: Acted for Standard Chartered Bank in a mortgagee action involving construction of an “all-monies” clause in a personal guarantee and allegations of undue influence Haitong International Securities Company Limited v Forever Star Capital Limited & Ors, HCA 1052/2021: Acted for the defendants in a $241 million dispute concerning a margin loan Chow Sang Sang Securities Limited v Shen Shui, HCA 190/2021: Acted for the defendant in a $470 million dispute concerning setting aside of a guarantee International Arbitrations Acted for a party to a Sino-foreign joint-venture agreement, involving the issue of an arbitral tribunal’s jurisdiction to grant an anti-suit injunction against a party for its commencement and continuation of a parallel proceedings before a foreign court Acted for a private equity fund against a founding shareholder, involving fraud and the failure to perform an agreement for buy-back Acted for a borrower in an arbitration against a foreign lender, involving the issue of the characterization of a loan agreement as a repurchase agreement (repo) Complex Commercial Chen Hongqing v Mi Jingtian & Ors[2021] HKCFI 648: Appeared for the plaintiff in joinder and injunction applications in a complex commercial dispute commonly known as the China Shanshui litigation Ma Wai Wah & Anor v Suet Chai Kit Christopher & Ors[2018] HKCFI 842: Appeared in a trial of a contractual dispute between two co-founders of Neway Karaoke; CACV 283/2012, 17 April 2014: Appeared in the Court of Appeal on a striking out application Wah Lun International Development Ltd v Lau Chiu Shing[2021] HKCFI 407: Appeared in a trial involving the sale and purchase of a majority shareholding in a listed company; [2021] HKCFI 1976: Appeared for the defendant in a decision concerning sanctioned offer and appropriate interest rate Telings International Hong Kong Ltd v John Ho & Ors, HCA 2114/2005, 16 December 2009; CACV 10/2010, 22 October 2010: Acted for the plaintiff in a complex commercial dispute involving sale and purchase of company shares, financial schemes and reverse takeover Civil Fraud Hui Chi Ming v Koon Wing Yee & Ors, HCA 1479/2009, 25 September 2009: Appeared in an application for discharge of injunction on the ground of privilege against self-incrimination Aesthetics Architecture Pty Ltd v Main Crown Enterprises Ltd, HCA 483/2012, 29 August 2013; CACV 188/2013, 11 August 2014: Acted for a transfer agent in an investment fraud claim, involving the issue of ministerial receipt Insolvency and Bankruptcy Chow Wai Shing Daniel & Anor v Lu Ying [2020] HKCFI 2148: Appeared for the trustees-in-bankruptcy in a trial involving the issue of the proper approach to the valuation of thinly traded listed shares, the applicability of the concept of fair value, and the Shell Premium which was the special premium for a controlling stake in a Hong Kong listed company Lau Yu also known as Jaffe Lau v The Hongkong and Shanghai Banking Corporation Ltd [2019] 2 HKC 18, [2018] HKCA 744: Appeared in an appeal concerning event of default under a settlement agreement and the prevention principle Patrick Cowley & Wong Wing Sze Tiffany v All Powerful Holding Ltd & Anor[2019] HKCFI 1731; [2018] HKCFI 1802; [2018] HKCFI 2542: Acted in a set of bankruptcy proceedings, involving the issue of the limit of the court’s jurisdiction under the Chabra principle vis-à-vis the wholly owned companies Hau Po Man Stanley (Bankrupt) v Joint and Several Trustees[2008] 1 HKC 256: Appeared in the Court of Appeal in an appeal concerning the investigative powers of trustees-in-bankruptcy and period for discharge from bankruptcy< Trust and Probate Cheung Ting Kau, Vincent v Koo Siu Ying & Anor,HCAP 4/2011, 2 December 2016: Acted in an application for appointment of administrators pendente lite regarding the estate of Lim Por Yen Edward Eric Hotung & Anor v Winnie Ho Yuen Ki & Ors, HCA 857/2011, 7 September 2016: Appeared in a trial involving the nature of money advanced between two members in the Hotung family Land Chin Ling Investment Ltd v The General of the Salvation Army, HCA 1/2012, 19 August 2016: Appeared in the trial concerning easement and interference with enjoyment of right of way Yip Kwok Sun v Poly Style Ltd[2018] HKDC 437: Acted for the registered owner in the trial of an adverse possession claim Professional Duties and Civil Contempt Donald Koo Hoi Yan v Kao Li & Yip (a firm)(2009) 12 HKCFAR 830; (2009) 12 HKCFAR 904: Appeared in the Court of Final Appeal in an appeal concerning constituent elements of civil contempt and admission of fresh evidence on appeal Bribery and Fraud HKSAR v Rafael Hui & Ors, HCCC 98/2013; [2014] 5 HKLRD 15;CACC 444/2014, 16 February 2016; (2017) 20 HKCFAR 264: Appeared in the trial and the subsequent appeals involving the former Chief Secretary and former directors of Sun Hung Kai Properties for conspiracy to commit misconduct in public office and bribery HKSAR v Lau Kam Ying (2013) 16 HKCFAR 595: Acted for the defendant/appellant in the Court of Final Appeal seeking to quash the conviction for conspiracy to defraud the Government for building a house under the Small House Policy HKSAR v Chiang Lily & Ors, DCCC 265 & 266/2009; [2013] 3 HKLRD 18; FAMC 20/2013: Appeared for the defendant in a 62-day trial and subsequent appeals concerning conspiracy to defraud in the listing process

Jeff Chan

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 S.C., Mr Derek Chan S.C., Mr Norman Nip S.C., Mr Eugene Yim and Mr Isaac Chan. In 2015-2016, Jeff worked as a Judicial Assistant in the Court of Final Appeal and assisted judges in substantive appeals, leave applications and other speaking engagements. In 2021, he was appointed as a part-time Judicial Associate in the Court of Appeal. Jeff has published in law journals. One of his articles on company law has been cited by the High Court of Singapore. RECENT HIGHLIGHTS 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 S.C. and with Ms Bonnie YK Cheng) Kot See For v Lam Man Cheung [2021] HKCFA 31; [2021] 2 HKLRD 263, [2021] HKCA 348: Appeared in the Court of Appeal and the Court of Final Appeal in an appeal concerning the privilege against self-incrimination in civil proceedings (led by Mr Ambrose Ho S.C.) Re WSY[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 (led by Ms Audrey Eu S.C. and with Ms Prisca Cheung) OTHER NOTABLE CASES Commercial 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 advocate) 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 S.C. and with Mr Isaac Chan) Chow Sang Sang Securities Ltd v Shen Shuai (HCA 190/2021): 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 S.C. and with Mr Isaac Chan) Property and Trusts 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 in a dispute involving a declaration of trust and discharge of injunction (with Mr Roger Phang) Advised on the construction of a restrictive covenant in a Government lease (led by Ms Audrey Eu S.C.) Civil Fraud Natures Mark HK Ltd v Hongkong Honxintai Trading Co Ltd[2022] HKCFI 1382: Acted for the plaintiff in an email fraud case (sole advocate) Kot See For v Tang Kwok Pang[2019] HKCFI 3001: Acted for the respondent in contempt of court proceedings (led by Mr Ambrose Ho S.C.) Kot See For v Lam Man Cheung [2019] HKCFI 1871; [2019] HKCFI 2403: Appeared in an application to discharge a proprietary injunction (led by Mr Ambrose Ho S.C.) Securities 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 S.C.) 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 S.C.) 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: 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 S.C.) Arbitration Appeared in a 5-day trial involving a secured loan transaction (led by Mr Victor Dawes S.C. and with Mr James Man) Acted in an arbitration involving a dispute over infringement of trademarks (with Mr Roger Phang) PUBLICATIONS ‘Should “reverse piercing” of the corporate veil be introduced into English law?’ (2014) 35 Company Lawyer 163 (cited by the High Court of Singapore in Koh Kim Teck v Credit Suisse AG, Singapore Branch [2015] SGHC 52 and Jhaveri Darsan Jitendra v Salgaocar Anil Vassudeva[2018] SGHC 24) ‘C v Director of Immigration: A Step forward in Hong Kong’s refugee screening process’ (2014-15) 5 CityU LR 115 Co-author, The Annotated Ordinances of Hong Kong, Cap. 584 (Lexis Nexis 2019) Contributing editor, Tort Law and Practice in Hong Kong (3rd Ed, Sweet & Maxwell 2014) Editor, UCL Journal of Law and Jurisprudence (2014-2015) Senior Editor, Hong Kong Journal of Legal Studies (2013-2014)

Johnathan H.Y. Tsang

Johnathan joined Chambers having completed his pupillage with Mr. Ambrose Ho S.C., Mr. Jonathan Ah-weng, Ms. Joyce Leung and Mr. Herbert Leung. He further marshalled with the Hon. Madam Justice Chu JA. He is developing a broad practice in line with chambers’ profile, with experience in handling cases involving commercial, company, land, arbitration, personal injury, and family matters. Johnathan obtained his LLB from the University of Warwick and his LLM with Distinction from the London School of Economics. He further obtained his PCLL from the University of Hong Kong, where he was awarded the Henry Wai & Co. Litigation Prize. RECENT HIGHLIGHTS Power Securities Co Ltd v Sin Kwok Lam & Ors, CACV 594/2019 & CACV 59/2020: Appeared as respondent on appeal to strike out conspiracy claim involving shares of a listed company, based on the principle against reflective loss, issue estoppel and Henderson abuse of process (led by Mr. Ambrose Ho S.C.). 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 S.C.). Pacific Base Holdings Ltd & Ors v Lee Hop Biu & Ors, LDCS 14000/2017: Appeared in a case concerning an unsuccessful auction under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap. 545 and whether the redevelopment value (RDV) can be reassessed after the substantive trial (as sole counsel). Re Jewrim Limited[2021] HKCFI 1144, HCCW 433/2020: Appeared for the petitioner in a petition to wind up a Hong Kong company (as sole counsel). Chan Chung Leung v Chan ChungNgo & Anor, DCPI 729/2021: Advised on a traffic accident involving the issue of contributory negligence (as sole counsel). LCG v IK, FCMP 231/2019: Appeared as respondent in a trial to resist a child-relocation application (led by Mr. Felix Li). More information about the case in the following Hong Kong Lawyer (Issue: November 2021)article here. OTHER NOTABLE CASES Company & Insolvency Power Securities Co Ltd v Sin Kwok Lam & Ors,CACV 594/2019 & CACV 59/2020: Appeared as respondent on appeal to strike out conspiracy claim involving shares of a listed company, based on the principle against reflective loss, issue estoppel and Henderson abuse of process (led by Mr. Ambrose Ho S.C.). Re Jewrim Limited[2021] HKCFI 1144, HCCW 433/2020: Appeared for the petitioner in a petition to wind up a Hong Kong company (as sole counsel). Commercial Disputes Laurore Ltd v Montaigne Ltd,HCA 2/2020: Advised on a contractual dispute concerning termination clauses, damages, and other ancillary interlocutory applications (led by Ms. Prisca Cheung). Assisted in a High Court trial concerning passing off, breach of fiduciary duties, breach of confidence and conversion (on devilling basis). Assisted in an advice concerning a potential claim for passing off and trademark infringement under the Trade Marks Ordinance, Cap. 559 (on devilling basis). Arbitration HKIAC Arbitration: Assisting in a bilingual arbitration concerning a US pharmaceutical company and reps and warranties (claim value over RMB 200 million) (led by Mr. Norman Nip S.C.). Land Disputes Pacific Base Holdings Ltd & Ors v Lee Hop Biu & Ors,LDCS 14000/2017: Appeared in a case concerning an unsuccessful auction under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap. 545 and whether the redevelopment value (RDV) can be reassessed after the substantive trial (as sole counsel). Century Supreme v Kam Chi Kit Charles & Ors,LDCS 24000/2018: Assisted in the trial of an application under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap. 545, where the following expert issues were disputed, namely building condition, structural condition, and valuation (on devilling basis). Assisted in a water seepage case (on devilling basis). Assisted in writing advices on matters concerning: (1) Building management (DMC, common parts, undivided shares, interpretation etc.); (2) Conveyancing (sale and purchase agreements, title deeds etc.); (3) Tenancy matters (restrictive covenants on “use” etc.); and (4) Adverse possession. Personal Injury Chan Chung Leung v Chan Chung Ngo & Anor,DCPI 729/2021: Advised on a traffic accident involving the issue of contributory negligence (as sole counsel). Family Disputes LCG v IK,FCMP 231/2019: Appeared as respondent in a trial to resist a child-relocation application (led by Mr. Felix Li). 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).

Joyce Leung

Joyce is one of the most accomplished senior junior counsel in corporate civil litigations in town. Known to be exceptionally dedicated to her clients and cases, Joyce has won numerous client recognitions and repeated engagements since commencing practice. Joyce specializes in litigations relating to corporate disputes covering a broad range of areas, ranging from commercial contractual disputes to the more intricate private company shareholders disputes that are prevalent in Hong Kong, from tax, insurance matters to intellectual property rights, as well as land related disputes on titles and ownership. Joyce is experienced in handling complex cases for both domestic and multinational clients requiring strong technical expertise and up-to-date legal knowledge. Her commerce background and knowledge in accounting / finance allows her to better understand her client’s position relative to her counterparts. She is a strong and natural advocate and is known for her attention to details, agility in handling difficult dispute situations, and her ability to quickly react to challenging opposing evidence and formulate concise arguments. On top of her legal skill set, Joyce is described as being relatable and empathetic while rendering professional advice; she holds long-standing relationships with clients and those instructing her. RECENT HIGHLIGHTS Tsoi Chik Sang Lawrence v Tasty Catering Group Limited & Ors [2019] HKCFI 82 and [2019] HKCA 481 and Tasty Catering Group Limited & Anor v Cheng Hung Kit & Ors[2020] HKCFI 2477 and [2021] HKCA 1211:- Acting for a new majority shareholder to resist being thrown off the board and management of the Company. The Company (Hang Heung Cake Shop) is a traditional cake shop with established goodwill and reputation in worldwide Chinese communities for its cakes and bakery products. Since 2011, the Company was embroiled in over 20 legal proceedings between different shareholders/stakeholders causing the Company to be put into receivership in 2019. Having advised and acted for the majority shareholders, they eventually secured control over the Company and resisted applications to invalidate decision of the general meeting and applications to amend to introduce a claim which has become time-barred. Both cases went on appeal and they were dismissed consecutively. Zief Inc v Tekchandani Ajai Mohan & Ors[2021] 3 HKC 69: :Acting for the plaintiff mobile phone apps provider who was deceived by email fraud and transmitted money to a bank account of a diamond trader in HK. The plaintiff successfully resisted the defense of bona fide seller raised by the diamond trader and prevailed at trial, with indemnity costs and enhanced interest costs order. Karupayee Ammal (as adminstratrix of the estate of Karupayee Selveraj, deceased) v G Toys Manufacturing Ltd[2020] HKCFI 912:- Acted for the plaintiff administratrix successfully an order mandating the company to transfer and register the deceased’s shares in her name and to rectify the company’s member’s register Jewrim Ltd & Anor v S&C Ltd & Anor[2020] HKCFI 1983 Acted for the defendant to successfully discharge the mareva injunction brought by the plaintiff based on parallel Russian proceedings for material non-disclosure and obtained indemnity costs OTHER NOTABLE CASES Civil Fraud Joyce is experienced in both bringing and resisting fraud claims, including cross-jurisdictional claim. She is regularly instructed to obtain injunctions and ancillary disclosure order and preservation of assets order. Zief Inc v Tekchandani Ajai Mohan & Ors[2021] 3 HKC 69 – Acting for the plaintiff mobile phone apps provider who was deceived by email fraud and transmitted money to a bank account of a diamond trader in HK. The plaintiff successfully resisted the defense of bona fide seller raised by the diamond trader and prevailed at trial, with indemnity costs and enhanced interest costs order. Jewrim Ltd & Anor v S&C Ltd & Anor[2020] HKCFI 1983 – Acted for the defendant to successfully discharge the mareva injunction brought by the plaintiff based on parallel Russian proceedings for material non-disclosure and obtained indemnity costs UNA Trading Fze v Hong Kong Numismatic Promotion Co Ltd & Ors(HCA 1048/2018)Acting for the plaintiff company located in Dubai to recover amount paid under mistake caused by email fraud against defendants claiming to be bona fide seller for value without notice Banco del Austro v Regal Prosper Trading Limited & Ors(HCA 477/2015)Acted for plaintiff bank in obtaining ex-parte mareva injunctions and norwich pharmacal orders against defendants dealing with proceeds of e-banking fraud involving amount of over US$9 million Commercial Disputes/Company matters & Shareholders Disputes Joyce is a specialist in commercial disputes and has extensive experience in dealing with different camps of shareholders. She is regularly instructed in various interim applications such as striking out, summary judgment, different types of enforcement applications and trial work. Fruit Design & Build Ltd v Leung Kwok Pong also known as Adam Leung[2021] HKCFI 3391 Acted for the plaintiff to successfully resist the discharge of garnishee order Tsoi Chik Sang Lawrence v Tasty Catering Group Limited & Ors[2019] HKCFI 82 and [2019] HKCA 481 and Tasty Catering Group Limited & Anor v Cheng Hung Kit & Ors [2020] HKCFI 2477 and [2021] HKCA 1211:- Acting for a new majority shareholder to resist being thrown off the board and management of the Company. The Company (Hang Heung Cake Shop) is a traditional cake shop with established goodwill and reputation in worldwide Chinese communities for its cakes and bakery products. Since 2011, the Company was embroiled in over 20 legal proceedings between different shareholders/stakeholders causing the Company to be put into receivership in 2019. Having advised and acted for the majority shareholders, they eventually secured control over the Company and resisted applications to invalidate decision of the general meeting and applications to amend to introduce a claim which has become time-barred. Both cases went on appeal and they were dismissed consecutively. Karupayee Ammal (as administratrix of the estate of Karupayee Selveraj, deceased) v G Toys Manufacturing Ltd[2020] HKCFI 912: Acted for the plaintiff administratrix successfully an order mandating the company to transfer and register the deceased’s shares in her name and to rectify the company’s member’s register Christian Emil Toggenburger & Ors v Luu Hung Viet Derrick &Ors HCA 815/2009, CACV 218/2012 (led by Mr.Thomas Lee) – Acted for plaintiffs in misrepresentation/restitution claim against defendants involving amount of over HK$100m On Sky Enterprise (HK) Ltd v Lanco International Holdings & Ors HCA 529/2010 HCMP 921/2010 (led by Mr. Ambrose Ho S.C.) Acted for defendants in application to dismiss action for want of prosecution Yuen Kee Ho Gold Jewelry Accessories Co. Ltd & Anor v Qiao Feng Holdings Ltd & Ors (HCA 406/2014) Acted for plaintiff to obtain injunction against directors in setting up competing business and poaching of staff and soliciting customers; and advised in related winding-up and matrimonial proceedings Hummingbird Music Ltd v Dino Acconci & Anor[2007] 4 HKLRD 79 Hummingbird Music Ltd v Dino Acconci & Anor [2010] 1 HKLRD 587 (led by Mr. Ambrose Ho S.C.) Acted for defendants artists to resist injunction restraining their ability to work for others until expiration of contractual term and to obtain injunction against their record company/manager to restrain them from unlawfully interfering with their business with others. Land Max Win Development (HK) Limited v Lam Ngok Hing & Ors LDCS 37000/2019 (led by Mr. Ambrose Ho S.C.) Acting for one of the respondents to resist order for compulsory acquisition and argued on the interpretation of section 3(1) and (2) of the Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545) Kingdom Miles Limited v Ever Crystal Ltd[2018] HKCA 967 Kingdom Miles Limited v Ever Crystal Ltd [2017] 2 HKLRD 732 (both led by Mr Edward Chan S.C.)Acted for the plaintiff to seek a determination whether requisitions answered satisfactorily and good title shown as a result of missing title documents The Grande Properties Management Ltd v Sun Wah Ornament Manufactory Ltd(2006) 9 HKCFAR 462 (led by Mr. Ambrose Ho S.C.) Acted for plaintiff in building management matters on the issue of validity of retrospective resolutions passed by majority owners Insolvency Re Gabriel Ricardo Dias-Azedo[2013] 4 HKLRD 549 Acted for funding creditor in obtaining payment from bankrupt’s estate in the same priority as the costs of petition Re Y Ltd(HCMP 2418/2013): Acted for the liquidators in obtaining leave to issue protective writ and related gagging order against auditors of insolvent company Intellectual Property Hang Heung Cake Shop Co. Ltd v Cheng Hung Kit(HCIP 61/2020): Acting for the plaintiff bakery company to claim against ex-director for infringing the intellectual property rights of the company by the sale of counterfeit products JK Holdings Ltd v Activator Co Ltd(HCA 1896/2020): Acting for the Taiwanese film producer and director of award-winning “Iwierdo” film to defend against the copyright infringement and passing-off claim by the Hong Kong film producer Butao Ramen Limited & Ors v Ikuta Satoshi & Anor(HCA 1064/2013) Acted for plaintiffs against director in setting up competing business using plaintiff’s goodwill, trademarks and branding Tax Ngai Lik Electronics Co Ltd v The Commissioner of Inland Revenue(2009) 12 HKCFAR 296 (led by Mr. Ambrose Ho S.C.) Acted for Inland Revenue Department in claim involving tax avoidance scheme Insurance Advised Sun Life Insurance and China Taiping Insurance in reviewing their contractual terms and advising in compliance issues with regulators on a range of their insurance products Probate/Mental Incapacity Joyce is regularly instructed to advise on probate related matters and/or mental incapacity issues and apply for orders regulating the property and affairs of the mentally incapacitated persons, administrator pendente lite, ad colligenda bona grant, etc.

Julia Au

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).

Justin Ismail

Justin is developing a broad practice spanning all of chambers’ main practice areas, with particular interests in landlord and tenant disputes, building matters, general company and commercial disputes, and civil fraud. He is regularly instructed to appear as sole counsel in the High Court as well as part of a larger team in more substantial cases. His practice also involves a wide range of advisory work. RECENT HIGHLIGHTS 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 examining 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 [2019] HKCFI 210. Lam Kin Chung v Soka Gakkai International of Hong Kong Ltd [2022] HKCA 480. 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 standingto 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); and HCMP 1002/2017 (unrep., 02.11.17). 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, in a case concerning a dispute over the scope of a landlord’s obligations under a tenancy agreement. Also instructed in the Court of First Instance [2020] HKCFI 163. 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). 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. UNA Trading FZE v Hong Kong Numismatic Promotion Ltd and ors(pending trial in June 2022). Instructed as junior counsel for the plaintiff in the Court of First Instance, in a case concerning restitution of funds of over HK$81 million mistakenly remitted to third party recipients as a result of fraud (with Joyce Leung). 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 is also a recipient of the Middle Temple Advocacy Scholarship. He is currently a part-time Tutor on the PCLL civil advocacy course at HKU. 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 practice in 2017 and joined Rede Chambers as one of its first tenants in 2022. OTHER NOTABLE CASES Building Advised on a question of interpretation arising out of ss B12.7 of the Code of Practice for Fire Safety in Buildings 2011 (led by Benjamin Yu S.C.). Companies Re Jetlag LimitedHCMP 766/2018. 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). 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 the Court of First Instance, in a case concerning restitution of funds mistakenly remitted to a third party recipient as a result of fraud (with Joyce Leung). Commercial disputes Maxim’s Caterers Limited v Max Joy Asia LimitedDCCJ 6137/2019. Instructed as sole counsel for the plaintiff in the District Court in an upcoming trial for 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) LimitedHCA 1344/2020. Instructed as junior counsel for the plaintiff landlord in the Court of First Instance seeking an injunction to remove an unauthorised article from the defendant tenant’s shop premises (led by CY Li S.C.). Personal Injuries Advised on the quantum of damages to be awarded to a person falling within the “Disaster” category of personal injuries (assisting Alice Mok QC, 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 QC, 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 Marasinghe v Director General of Civil Aviation HCAL 1457/2018 (judgment pending). Instructed as junior counsel for the applicant in the Court of First Instance seeking leave to apply for judicial review of a decision of the Director General of Civil Aviation (led by Robert Whitehead S.C. and Thomas Lee). 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. 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.). SEMINARS “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 (at the invitation of the Legislative Council) (with Ambrose Ho S.C.)

Ka Kin (K.K.) Lau

K.K. Lau has a broad commercial and civil practice, with specialism in finance. His experience covers listed companies, private equity, debt, commodities and cryptocurrencies. He is routinely instructed for complex and heavy disputes. K.K. regularly appears for regulators, financial institutions, listed companies as well as their shareholders and directors at trials and appeals. Before coming to the Bar, K.K. practised as a solicitor and advocate at a pre-eminent law firm, where he specialised in commercial litigation and arbitration. He was recognised by Legal 500 as a “helpful and knowledgeable associate”. RECENT HIGHLIGHTS Securities: Acting for the Securities and Futures Commission in ramp and dump cases. Complex issues arising out of interpretation of the Securities and Futures Ordinance, in particular scope of SFC’s powers. Banking: Acting for one of the largest PRC banks in its claims against state-owned enterprise for hundreds of millions of dollars. Successful urgent application for worldwide Mareva injunction and continuation of injunction. Civil fraud: Defending an individual in the biggest alleged London gold fraud. The amount at stake is hundreds of millions of dollars. Hotly contested applications for striking out and appeals. Professionals: Acting for former partners of major law firm in high-profile partnership dispute involving fraud and breaches of professional conduct. Land: Defending leading property developers in high value adverse possession claims in the New Territories. OTHER NOTABLE CASES 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 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 SC) 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 SC) 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 SC) 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 VistaHCA 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 RichardHCA 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 SC) Company Re Torien Group Limited [2021] HKCFI 3742: Inspection of company’s documents, discovery in unfair prejudice proceedings Chen Hongqing v China Shanshui Investment Company Limited[2021] HKCFI 699: Injunction restraining allotment of shares (with John Hui) Re Techluxe Industries Limited[2019] HKCFI 3014: Whether relief for non-compliance with the Companies Ordinance should be granted where the auditor expressed a qualified opinion Family / Matrimonial CWK v YCHS[2018] HKFC 52, [2018] HKFLR 242: Costs order nisi and functus officio Financial Services Ms Leung Yuk Kit v Securities and Futures CommissionSFAT 4/2021: 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 Limited27 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 CompaniesHCMP 2177/2017, 10 November 2017: Whether time for registration of share charge should be extended Securities and Futures Commission v Mo Shau WahHCA 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 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 336: Interpretation of surety bond given by insurer to developer International Arbitration 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 Professional Discipline The Registrar of the Hong Kong Institute of Certified Public Accountants v Chan Yui Hang[2022] HKCA 517: 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 ChunMC 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 XCACV 244/2016, 20 October 2017, [2017] 5 HKLRD 568: Natural justice and costs of disciplinary proceedings (led by Horace Wong SC) 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 SC, 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 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 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, KennethDCCJ 4649/2015, 17 November 2017: Landlord’s covenants of non-derogation from grant and quiet enjoyment Lam Cheuk Ting v Lai Kwok LeungLDBM 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 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

Kelly Shum

Kelly commenced full practice in 2018 following the successful completion of her pupillage with Mr Horace Wong S.C., Mr Peter Duncan S.C. (on extension), Mr MC Law (now Mr MC Law S.C.), Mr Norman Nip (now Mr Norman Nip S.C.) and Ms Catherine Wong. She has a wide spectrum of practice encompassing civil, land and regulatory law. Kelly is frequently instructed together with lead counsel or alone. Kelly also has experience in different levels of Court, including having appeared as sole advocate in the District Court and the Court of First Instance, and having been led in the Court of First Instance and the Court of Appeal. Kelly is also conversant with arbitration, including those administered under the HKIAC rules, the UNCITRAL rules and the ICC Rules. Kelly graduated with a First Class Honours degree in Law from the University of Hong Kong and was on the Dean’s Honours List for three consecutive years from 2013 to 2015. She then obtained a Master of Laws degree from the University of Cambridge (with first class overall) and PCLL from the University of Hong Kong (with distinction). During her PCLL year, she obtained the Thomson Reuters Law Prize for being the most promising student intending to be a barrister and the Brian McElney Medal in Law for achieving the best overall performance in compulsory PCLL courses. Kelly has a professional command in Cantonese, Putonghua and English, and is capable of delivering written work in Chinese and English. RECENT HIGHLIGHTS Securities and Futures Commission v DFRF Enterprises LLC & Ors(HCA 2189/2016): Acted for the SFC in proceedings under s213 of the Securities and Futures Ordinance (Cap. 571) for recovery of sums made by investors failing victim to investment scams (led by Mr Norman Nip S.C.). Southwest Securities (HK) Brokerage Ltd v Nieumarkt Investments Ltd & Ors[2020] HKCFI 1050 & [2021] HKCA 740: Instructed by the Plaintiff as junior counsel on an appeal against the first instance Judge’s ruling and successfully obtained final judgment for claimed sum against D1 and D2 on appeal (with Mr MC Law (now Mr MC Law S.C.)). An ICC Arbitration concerning Breach of distributor agreement claim: Instructed by a famous liquor distributor as junior counsel for a 4 evidentiary hearing under the ICC Rules involving a HK$150 million claim and a HK$100 million counterclaim arising from a distributor agreement (with Mr MC Law (now Mr MC Law S.C.)). OTHER NOTABLE CASES Commercial Disputes Ferrari North America, Inc v Changhon International Energy Co Ltd & Ors[2019] HKCFI 2318: Instructed by the 7th Defendant as junior counsel to oppose the Plaintiff’s summary judgment application and successfully obtained unconditional leave to defend (with Mr Norman Nip (now Mr Norman Nip S.C.)). FWD Life Insurance Company (Bermuda) Limited v Lam Chi Chuen Alpha & Sin Chau Yuk (HCA 1159 & 1160/2017): Instructed by the Plaintiff as junior counsel and successfully obtained summary judgment against two insurance agents for recovery of claw-back payments (with Mr Norman Nip (now Mr Norman Nip S.C.)). FWD Life Insurance Company (Bermuda) Limited v Poon Cindy(HCA 2202/2008): Acting for the Plaintiff in proceedings against a former insurance agent for recovery of claw-back payments (led by Mr Norman Nip S.C.) (ongoing). Re Cheung Hing Chik[2020] HKCFI 2234: Successfully obtained a bankruptcy order on the basis of an indisputable debt due to the petitioning creditor. Advised an insurance company on lawfulness in backdating a deed of assignment and joinder of parties after expiry of limitation period (as sole counsel). Advised on merits of pursuing a duty to account claim arising from an alleged agency agreement (as sole counsel). Financial Services Advising the SFC on merits of proceedings under ss214 and 277 of the Securities and Futures Ordinance concerning the management and/or former management of a listed company (led by Mr Norman Nip S.C.). 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 S.C.). Land An UNCITRAL Arbitration: Assisted the Tribunal (constituted by Mr Horace Wong S.C.) as a tribunal assistant in a 14 days trial under the UNCITRAL Arbitration Rules involving a tenancy dispute concerning a HK$500 million lease. Geoffrey Holdings Ltd v Lam Che Chung & Anor[2020] HKDC 1001: Instructed by the Defendants as sole counsel to resist the Plaintiff’s application for leave to adduce expert evidence on demolition costs of fixtures in the context of adverse possession. Advised on title issues in relation to a piece of New Territories land (including issues of encroachment and title) estimated to worth over HK$600 million (as sole counsel). Arbitration Instructed as junior counsel to challenge the appointment of the sole arbitrator under the ICC Rules on the ground of apparent bias, independence and impartiality (with Mr MC Law (now Mr MC Law S.C.)). An UNCITRAL Arbitration: Assisted the Tribunal (constituted of Mr Horace Wong S.C.) as a tribunal assistant in a 14 days trial under the UNCITRAL Arbitration Rules involving a tenancy dispute concerning a HK$500 million lease. A HKIAC Arbitration: Assisted the Tribunal (constituted of Mr Horace Wong S.C.) in a 2 days trial under the HKIAC rules involving a commercial dispute for repayment of loans PUBLICATIONS Contributing Editor, Hong Kong Civil Procedure (2022 – 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

Kelvin Tse

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.

Kim Rooney

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).

Leon Guo

Leon has dual legal education and professional qualification background in both Mainland China and Hong Kong. He graduated from Peking University Law School and the University of Hong Kong, and is qualified in both jurisdictions. Before becoming a practicing barrister in Hong Kong, Leon worked as an in-house counsel in the Legal & Internal Control Department of a state-owned enterprise under the direct control of the PRC central government in Beijing, which is also the world’s largest mining/energy conglomerate. He is therefore able to fully understand Mainland Chinese clients, communicate with them effectively, understand the reality of different cases from the perspective of both jurisdictions, and hence provide practical legal opinions and dispute resolution options. Leon practices in a wide range of civil and criminal cases, and he specializes in handling cross-border civil and commercial litigation and international arbitrations with Mainland China elements involved. In terms of professional practice areas, Leon handles all areas of practice of our Chambers, with particular focus on corporate law, land law, contract law, tort law, securities regulation and white-collar crime. RECENT HIGHLIGHTS Re MHL: Acted for one of the specified persons for hearings before the Hong Kong Market Misconduct Tribunal in which a Mainland China client was claimed by the Securities and Futures Commission to have engaged in insider dealing contrary to section 270 of the Securities and Futures Ordinance (Cap 571). The case highlights the importance of “knowledge” of a specified person insofar as allegations of insider dealings are concerned. Re A Cayman Company: Acted for a Mainland China corporate client for its loan dispute with a Hong Kong listed company in High Court proceedings. Hong Kong law applies for the main dispute. BVI legal proceedings including restoration and winding up of BVI registered companies, as well as the tortious liabilities of senior management of the Hong Kong listed company are also involved. The case is ongoing and the complication of BVI proceedings reminds Mainland Chinese clients to exercise special care when making investments with oversea counterparties. Re SYL: Acted for a Mainland China client in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a loan agreement entered into between the client and a security firm. Hong Kong law applies for the main dispute and the language of the proceedings are in Chinese. The arbitration proceedings are ongoing and various procedural issues including “single arbitration under multiple contracts” signifies the case as one of the iconic ones insofar as the application of Article 29 of the HKIAC 2018 Administered Arbitration Rules is concerned. OTHER NOTABLE CASES Commercial Re LJY: Acted for a client in Hong Kong High Court proceedings concerning the validity and enforceability of a loan agreement signed in a casino in Macau. Macau law applies as the governing law of the main contract and Macau law expert evidence was adduced in support of the client’s defence case. Matters regarding the jurisdiction of Hong Kong court including the application of the doctrine of forum non conveniensare also in issue. Re A Bank: Provided Hong Kong legal opinion for a Mainland China corporate client for its supply chain finance business and the potential risks thereof under the Money Lenders Ordinance (Cap.163) in Hong Kong. With support of the legal opinion, the client re-assessed and perfected its investment scheme in a larger scale. Re Z: Provided Hong Kong legal opinion to a Mainland China corporate client for potential litigation proceedings in the High Court involving client’s offshore investment schemes and possible trust claims arising from debentures issued out of Hong Kong. Re NL: Provided Hong Kong legal opinion for a corporate client in Hong Kong regarding its potential dispute with outside investors and senior managements thereof. With support of the litigation team, the potential dispute was resolved at the interest of the client at an early stage. Land and Probate Re TJM: Acted for a Hong Kong real estate developer in a dispute involving development of a piece of New Territory land and the sale and purchase of real properties erected thereon. Hong Kong law applies for the dispute and real estate valuation and administrative procedural issues for Hong Kong real estate development are also involved. The case is ongoing and is scheduled for a 9-day trial with both factual and expert evidence involved. Re LCHJ: Provided Hong Kong legal opinion for potential litigation proceedings in the High Court regarding sale and purchase of properties in Hong Kong. Transfer of properties under joint tenancy and various other conveyancing issues are involved in the matter. Re CTC: Provided Hong Kong legal opinion for matters in relation to the client’s will. Succession of client’s property situated in both Hong Kong and Mainland China is involved and therefore co-operation with Mainland China legal practitioners is also conducted for the client’s best interest. Tax and Anti-Money Laundering Investigations Re JL: Provided Hong Kong legal opinion for a Mainland China client regarding cross border tax issues. The matter involves tax law enforcement by Canadian tax authorities and the Hong Kong cross-border tax law enforcement regime as well as the anti-money laundering legal regime in Hong Kong. Re HZHY: Provided Hong Kong legal opinion for a Mainland China corporate client which was involved in anti-money laundering investigations by Hong Kong law enforcement departments. The case concerns Mainland China client’s nominal shareholding arrangements in the course of its business for cross-border sale and purchase of goods and oversea investments. Personal Injuries Re CI: Provided Hong Kong legal opinion for a matter involving a personal injury claim in High Court proceedings regarding occupier’s liability and the special duty of care of professional firemen. Injunction Re CK (a firm):Acted for a Hong Kong solicitor firm in defending an interlocutory injunction application involving conflict of interest of legal professionals in Hong Kong High Court legal proceedings. International Arbitration Involved in an international arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a foreign investment project in Mainland China and PRC law applies for the main dispute. Involved in an international arbitration administered by the Singapore International Arbitration Centre (SIAC). The dispute concerns certain fuel oil sale and purchase agreements between a Mainland China corporate client and an off-shore oil dealer. Singapore law applies for the main dispute and the proceedings are administered under the applicable UNCITRAL Rules. Involved in an international arbitration administered by the International Chamber of Commerce (ICC) under the 2017 ICC Arbitration Rules. The dispute concerns a foreign investment project in Mainland China and Hong Kong law applies for the main dispute. Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns the sale and purchase of certain company shares in Hong Kong. Hong Kong law applies for the main dispute. Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a contract for sale and purchase of goods. Hong Kong law applies for the main dispute. Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a convertible bond issued by a Mainland China corporate client. Hong Kong law applies for the main dispute. Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a project agreement signed in Hong Kong. Hong Kong law applies for the main dispute. PUBLICATIONS Hong Kong Court rejects the enforcement of a Mainland Arbitral Award and found abuse of arbitral proceedings due to elements of fraud Hong Kong Court reiterates its long-standing policy of pro-arbitration in a recent judgment for enforcement of a Mainland Arbitral Award Hong Kong Court rules in a recent case that whether a pre-arbitration procedural requirement is fulfilled is a question of admissibility rather than jurisdiction Hong Kong Court rules a Mainland Arbitral Award manifestly invalid for contrary to public policy Hong Kong Court supports the enforcement of two Mainland Arbitral Awards and states that ground of public policy is not to be widely construed Hong Kong Court supports the enforcement of a Mainland Arbitral Award and reiterates the doctrine of severability of an arbitral award The general procedural issues for recognition and enforcement of a Mainland Arbitral Award in Hong Kong The general legal requirements for recognition and enforcement of a Mainland Arbitral Award in Hong Kong Injunctions in Hong Kong and its unique role in arbitral proceedings in Mainland China Injunctions in Hong Kong Court: Proprietary Injunctions Injunctions in Hong Kong Court: Mareva Injunctions Injunctions in Hong Kong Court: General legal principles and its application Jurisdiction of Hong Kong Court: Jurisdictional challenge, forum non conveniens and its application Jurisdiction of Hong Kong Court: submission to jurisdiction and relevant legal principles Jurisdiction of Hong Kong Court: Service out of jurisdiction Jurisdiction of Hong Kong Court: Service within jurisdiction Jurisdiction of Hong Kong Court: General Legal Principles

Michael Yin

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. RECENT HIGHLIGHTS 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) OTHER NOTABLE CASES 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)

Nicholas Oh

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 a particular expertise in bankruptcy law. 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. RECENT HIGHLIGHTS 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.. OTHER NOTABLE CASES 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 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 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 Marevainjunctions, 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 quasecurities brokerage in preparation for voluntary liquidation. Acted for and advised on directors’ disqualification proceedings, including the use of the Carecraft 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 Morgantrust 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 Advised and acted for an investor in enforcement of a Mainland PRC arbitral award and to obtain a Marevainjunction 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). 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. 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. PUBLICATIONS Contributor of Emden’s Construction Law of Hong Kong (with Mr. Thomas Lee)

Norman Nip SC KC

Norman Nip, S.C. has a broad civil practice with an emphasis on commercial and securities litigation. He has been described as “very good on his feet” and “beyond meticulous” (Chambers & Partners 2022) and a “very well-rounded lawyer” with “strong composure and responses in court” (Who’s Who Legal 2021). He has acted for the Securities and Futures Commission and parties under investigation in a number of cases before the courts and the specialist tribunals (Market Misconduct Tribunal and Securities and Futures Appeals Tribunal) and is “regularly singled out for his expertise in securities-related cases” (Chambers & Partners 2022). His expertise also spans other practice areas, including banking, company and shareholder disputes, insurance, professional liability, land, trusts, employment, matrimonial, arbitration, bankruptcy, PRC and international cross-border disputes as well as white-collar crime. RECENT HIGHLIGHTS Delco Participation BV v Chiho Environmental Group Ltd & Ors[2021] HKCA 1889; [2021] HKCFI 869, 1272: Acting for the defendants in claims worth over HK$400 million brought by the former joint venture partner in a PRC metal recycling business Securities and Futures Commission v Lu Ruifeng & Ors[2022] HKCA 326; [2020] 4 HKLRD 786: Acting for the SFC in a claim brought under s213 SFO to recover compensation against alleged insider dealers in the shares of Asia TeleMedia Ltd Securities and Futures Commission v DFRF Enterprises LLC & Ors[2022] HKCFI 1288: Acted for the SFC in a claim brought under s213 SFO against persons who carried out unlicensed activities and perpetrated securities fraud in Hong Kong Gurdas Sabhagchand Choithramani v The Hongkong and Shanghai Banking Corporation Ltd[2021] HKCFI 301: Acted for HSBC in striking out the claim brought by a director and shareholder of a former client of the bank OTHER NOTABLE CASES Arbitration Wingtech Group (Hong Kong) Ltd v Tat Chun Printed Circuit Board Company Ltd (CACV 223/2014): Acted for the respondent in an application to set aside the enforcement of a mainland arbitral award AO Smith Holdings (Barbados) SRL v Zhang Dacheng(HCMP 1132/2011): Acted for the defendant in respect of the plaintiff’s injunction application in aid of its ICC arbitration claims worth approximately US$26 million Fresh Gain Ltd v China Vocational Education Co., Ltd & Ors(HCCT 45/2011): Acted for the defendants in injunction proceedings brought under s45 of the Arbitration Ordinance Acting for an international pharmaceutical company in a claim worth over US$30 million against the vendors of a PRC business Acted for the defendants in a cross-border music concert claim worth over RMB100 million Acted for the guarantor in defense of a claim brought under a commodities sale and purchase contract Acted in a shareholder dispute concerning a land development project in the PRC Banking Zillion Global Ltd v UBS AG[2020] HKCFI 953: Acting for the plaintiff in an unauthorised execution and mis-selling claim Colvin Morton Brown v The Hongkong and Shanghai Banking Corporation Ltd[2019] HKCFI 526: Acted for HSBC in striking out the claim brought the director and shareholder of a former client of the bank KGI Futures (Hong Kong) Ltd v Li Kar Huen Christine (HCA 194/2010): Acted for the plaintiff securities company in a trial to recover a shortfall in the margin account used by the defendant for trading index futures Zhang Zhatzewal v Shanghai Commercial Bank Ltd & Anor(HCA 1996/2009): Acted for the Bank of East Asia, Ltd in defence of a mis-selling claim Bankruptcy Re Cao Zhong[2021] HKCFI 3143: Acted for the debtor in opposing the bankruptcy petition founded on a debt of over HK$149 million pursuant to a loan agreement The Joint and Several Trustees of the Property of Yeung Wing Sing v Yeung Wing Sing (A Bankrupt) & Anor[2021] HKCFI 2018: Acted for the trustees in bankruptcy in a trial to set aside an undervalue property transfer transaction pursuant to s49 of the Bankruptcy Ordinance Li Wo Hing v Raiffeisen Bank International AG, Beijing Branch (HCSD 19/2014): Acted for the respondent in opposing an application to set aside a statutory demand Shao Kung Chuen v The Bank of East Asia, Ltd(HCSD 35/2011): Acted for the respondent bank in opposing an application to set aside a statutory demand Commercial Disputes Nexperia BV v Edal Electronics Company Ltd(HCA 1411/2021): Acting for the defendant in an electronic component distributorship dispute Signature Diamond LLC v Phillips Fine Watches Ltd [2021] HKCFI 192; [2019] HKCFI 2903: Acting for the defendant auction house in a claim for delivery of watches Golden Miles Group Holdings Ltd v Jacob & Co Ltd [2018] HKCFI 441: Acted for the plaintiff in a watch distributorship dispute Well Joint Trading Ltd v Chiu Chung Chiu[2012] 6 HKC 393: Acted for the plaintiff in an action to recover deformed steel bars ADP Pentagon Pets Ltd v Pets Central Asia Inc & Ors(HCA 1381/2009 & HCA 1941/2008): Acted for the plaintiff in a dispute with its joint venture partner in a pet shop/clinic business Company and Shareholder Disputes Remedy Asia Ltd v Patrick Tong Hing Chi & Ors[2020] HKCFI 2792; [2020] HKCFI 398: Acted for Remedy Asia in a claim for damages for fraudulent and dishonest breach of duties against various directors Ng, Christina v Capella Capital Ltd & Ors[2020] 2 HKLRD 274: Acted for the company respondent in striking out or staying winding up proceedings pending the determination of the matrimonial proceedings between the petitioner and the 2nd respondent High Fashion New Media Corporation Ltd v Leong Ma Li(HCMP 932/2020): Acting for the Defendant in an action for contempt for alleged failure to comply with an injunction order granted in the context of a shareholder dispute China Medical Technologies, Inc (in liq) & Ors v Wu Xiaodong & Ors[2020] 1 HKLRD 342; [2019] HKCFI 1266: Acted for the plaintiff in claims against former senior management in respect of alleged fraudulent misappropriation in excess of US$521 million Poon Ka Man Jason v Cheng Wai Tao & Ors[2019] HKCFI 938: Acted for the company defendant in the context of a common law derivative action brought by a shareholder of a company that operated various Japanese restaurants Chien Tsai Wan Judy v Chiu Tai Loy & Ors [2018] HKCFI 603: Acting for the plaintiff in a derivative action against directors for loss suffered by the company as a result of alleged breaches of duties Joint and Several Receivers of Pacific Bulk Shipping Ltd v Tong Zhenjun & Ors(HCMP 1244/2015): Acted for the defendants in respect of claims by the receivers for declarations as to the validity of their appointment together with orders of delivery up of properties and assets Wong Siu Ying Joyce v Kaywon Ltd & Anr (HCCW 104/2013): Acted for the petitioner in an insolvency/just and equitable winding up trial Chen Yung Ngai Kenneth v Shinewing Specialist Advisory Services Ltd (HCCW 279/2010): Acted for the respondent in respect of applications for removal of liquidators and for provision of books and records Employment Chen Xiumei v Li Siu Wo & Anr[2008] 4 HKLRD 429: Acted for the Employees Compensation Assistance Fund Board in employees compensation proceedings arising out of a fatal accident Yi Shengmao & Ors v Wong Kam Piu & Ors(HCPI 742/2005): Acted for the Employees Compensation Assistance Fund Board in employees compensation proceedings arising out of a fatal accident Advised on various employment related issues, including employment policies of an investment bank, springboard injunctions, bonus disputes and equal opportunity claims Insurance FWD Life Insurance Co (Bermuda) Ltd v Lam Chi Chuen Alpha & Sin Chau Yuk[2019] HKCFI 2878: Acted for the plaintiff insurance company to recover conditional advances paid to its former insurance agents FWD Life Insurance Co (Bermuda) Ltd v Cindy Poon Cindy [2019] 3 HKLRD 455: Acting for the plaintiff insurance company to recover conditional advances paid to its former insurance agent Cheung Kit Man v FWD Life Insurance Co (Bermuda) Ltd & Ors [2018] 5 HKLRD 259: Acting for the defendant insurance company in an equal opportunities claim Wong Ka Yick v AXA China Region Insurance Co Ltd(HCA 421/2017): Acted for the defendant insurance company against a claim brought by its former insurance agent for alleged breaches of an oral agreement Dah Sing Insurance Services Ltd v Gill Gurbux Singh (2016) 19 HKCFAR 454: Acted for the plaintiff insurance company in a claim for recovery of repayment of sign on fee and monthly allowance upon termination of the former insurance agent FWD Life Insurance Co (Bermuda) Ltd v Cheng Wing Yiu Dumas & Anr [2018] HKCFI 91: Acted for the plaintiff insurance company in an action to recover outstanding debts owed by a former insurance agent Land Zhongtai International Securities Ltd v First Concord Investment Ltd[2018] HKCFI 2653: Acted for the plaintiff in an a claim for vacant possession of a real property and for money judgment for over HK$153 million Catherwood Ltd v Feng Jin Liang & Anor[2018] HKCFI 2383: Acted for the plaintiff in a trial to challenge an alleged undervalue sale of real property with the intent to defraud creditors Fordtime Industrial Ltd v Yip Shing Lam(HCMP 1373/2014; LDPE 757/2012): Acted for the respondent in a tenancy dispute in the Lands Tribunal and the Court of Appeal Lead Traders Ltd v Lucky Land Enterprise Ltd [2012] 4 HKLRD 612: Acted for the majority owner applicant in seeking a compulsory sale of a building for redevelopment Kiuwide Company Ltd v Tseung Ding Man (HCMP 1003/2013): Acted for the plaintiff in an adverse possession claim over certain New Territories land Mak Kam Chuen v Triple Joy Investments Ltd [2012] 1 HKC 412: Acted for the defendants in an adverse possession claim Urban Renewal Authority v Agrila Ltd (HCA 1582/2002): Acted for the defendants in a dispute concerning the development of an urban renewal project in Central Super Keep Investment Ltd & Anr v Wong Kwok Wa & Ors(HCMP 1760/2009): Acted for the plaintiffs in an indigenous villager housing development dispute Matrimonial TCWF v LKKS & Ors [2013] 2 HKC 549; [2014] 1 HKLRD 896; [2014] 1 HKLRD 1014; [2014] 2 HKLRD 1046; FAMV 38, 39/2014: Acted for the 2ndintervener at the appellate level challenging the financial provision awarded by the trial judge in a matrimonial dispute Secretary for Justice v FTCW & Ors [2014] 1 HKLRD 849; FAMV 9-12,15/2014: Acted for various interveners and defendants in respect of legal professional privilege and privilege against self-incrimination claims arising out of a matrimonial dispute Professional Liability Roderick Miller v The Law Society of Hong Kong(HCMP 3269/2013): Acted for the Law Society in an appeal brought by a solicitor for its refusal to issue a practising certificate to him Acted for an accountant in respect of disciplinary proceedings brought against him by the Hong Kong Institute of Certified Public Accountants Advised a big four accounting firm in respect of auditor negligence issues PRC and International Cross Border Disputes Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd(HCMP 1449/2014): Acted for the joint and several receivers and managers of the defendant in the context of an international trade dispute which involved elements of PRC and UK proceedings Taibao Investment and Management (Hong Kong) Ltd v Kary Enterprises (Holdings) Ltd & Anr(HCA 642/2011): Acted for the 1st defendant in respect of a dispute concerning a mainland golf club joint venture Liberty Media Holdings, LLC v FF Magnat Ltd(HCMP 1275/2012): Acted for the plaintiff in applying for injunctive and disclosure reliefs in the Hong Kong courts in aid of US proceedings Sherryknoll Enterprises Ltd & Ors v Grand Power Ltd(HCMP 1895/2012): Acted for the defendant in respect of the plaintiff’s claim for delivery up of share certificates for 500 million shares in a Hong Kong listed PRC state owned mining enterprise Securities Leung Yuk Kit v SFC (SFAT Application No. 4 of 2021): Acting for the SFC in a review application brought by the client of securities accounts over which restriction notices had been issued 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: Acted for the SFC in a claim brought under s213 of the SFO against persons who perpetrated a boiler room fraud SFC v Andrew Liu & Ors [2022] HKCFI 697; [2018] 1 HKLRD 320: Acting for the SFC in a s214 SFO claim for compensation and disqualification orders against various directors of a listed company SFC v Yiu Hoi Ying Charles & Ors [2021] HKCFA 41; (2018) 21 HKCFAR 475: Acted for the SFC in insider dealing claims brought against director and company secretary of a listed company Zhou Ling v SFC (SFAT Application No. 5 of 2020): Acted for the SFC in a review application brought by the client of a securities account over which restriction notices had been issued Yi Shun Da Capital Ltd v SFC(SFAT Application No. 4 of 2020): Acted for the SFC in an application by a sponsor for a review of the SFC’s decision to reprimand and fine it for sponsor failures Pang Hon Pan v Hong Kong Monetary Authority(SFAT Application No. 4 of 2019): Acted for the HKMA in an application by a banker for a review of a disciplinary action against him SFC v Tong Shek Lun & Ors[2020] HKCFI 435: Acted for the SFC in a Carecraft procedure in respect of a s214 SFO claim for compensation and disqualification against various directors 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: Acted for the SFC in a claim brought under s213 SFO against persons who perpetrated a boiler room fraud SFC v Li Han Chun & Ors [2019] HKCFI 1966: Acted for the defendant to increase the spending limit on legal fees prescribed by an injunction order in the context of a s213 claim brought by the SFC SFC v Sun Min[2017] 4 HKLRD 211: Acted for the SFC in a s213 SFO claim to seek payments by the insider dealer to the counter-parties to the insider dealing trades SFC v Yin Yingneng Richard & Ors [2015] 5 HKLRD 530: Acted for the SFC in a s214 SFO trial against directors of a listed company for compensation and disqualification orders SFC v Qunxing Paper Holdings Company Ltd[2014] 3 HKLRD 181: Acted for the SFC in respect of an application for the defendants for the variation of an injunction order in the context of a s214 SFO claim SFC v Hontex & Ors (HCMP 630/2010): Acted for the defendants in a s213 SFO trial whereby the SFC claimed declaratory and restitutionary reliefs against the defendants for overstating turnover and profit figures in a prospectus for the global offer for the subscription of shares in Hontex Market Misconduct Tribunal Inquiry Proceedings into dealings in the shares of Citic Ltd(2017): Acted for the former financial controller of Citic Ltd in a 53 day market misconduct inquiry in the trading of its shares Market Misconduct Tribunal Inquiry Proceedings in relation to the securities of Yorkey Optical International (Cayman) Ltd (2017): Acted for the SFC in an inquiry into breaches of disclosure requirements under Part XIVA SFO Market Misconduct Tribunal Inquiry Proceedings into dealings in the shares of Bank of China Ltd and China Construction Bank Corporation(2014): Acted for the SFC in an inquiry into the insider dealing and false trading of dealings in banking shares Peter Leung v SFC (SFAT Application No. 7 of 2013): Acted for the SFC in respect of an application brought by a licensed person to review a suspension decision Trusts RB International Investments Asia Ltd & Anr v APAC Investment Holdings Ltd & Ors [2019] HKCFI 2922: Acted for the plaintiffs in a claim for a declaration that a defendant held over 490 million shares in a listed company on trust for the plaintiff 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): Acted for the plaintiff in a claim for declarations that certain shares in a company were held on trust for the estate of the deceased and for damages Speed Sourcing Ltd & Ors v Rainbow State Investments Ltd & Ors(HCA 2298/2013): Acted for the defendants in an action by the plaintiffs for recovery of real property and shares held on trust Acting for various defendants in a claim brought by the beneficiary of a trust for breaches of fiduciary duties, dishonest assistance, knowing receipt and conspiracy White-collar crime Ferrari North America, Inc v Changhon International Energy Co., Ltd & Ors[2019] HKCFI 2318: Acted for one of the defendants in an internet fraud claim Arrow ECS Norway AS v M Yang Trading Ltd & Ors[2018] HKCFI 975: Acted for the plaintiff in an internet fraud claim Ubiquitti Networks International Ltd v Chan Kim Chuen & Ors(HCA 1606/2016): Acted for the defendants in an internet fraud claim DIRECTORY RANKINGS Norman is ranked by the legal directories for: Chambers & Partners Commercial Dispute Resolution The Legal 500 Commercial Disputes Who’s Who Legal Commercial Litigation – Future Leaders – Non-Partners DIRECTORY QUOTATIONS “Norman Nip SC…lately took silk and is regularly singled out for his expertise in securities-related cases and frequent representation of the Securities and Futures Commission, but his extensive practice also embraces company law and shareholder disputes, professional negligence and insolvency-related matters, one commentator being careful to note both his “broad practice” and his “good flow of SFC work.” Another interviewee, who calls him “beyond meticulous,” adds: “I know that if I involve Norman in a case, absolutely no stone will go unturned in preparation: he knows the case inside out and is very good on his feet.”” Chambers & Partners (2022) “Norman Nip SC – Rede Chambers ‘A very meticulous silk. He has the ear of the Hong Kong judiciary.’” The Legal 500 (2021) “Norman Nip is a “very well-rounded lawyer” with “strong composure and responses in court”.” Who’s Who Legal (2021) PUBLICATIONS Contributing Editor of the Hong Kong Civil Procedure (2009 – Present) Contributing Editor of the Hong Kong Securities and Futures Ordinance (Cap 571), Commentary and Annotations (2015 – Present) Annotator of the Annotated Ordinances of Hong Kong – Payment Systems and Stored Value Facilities Ordinance (Cap 584) (2019)

Roger Phang

Roger is an experienced junior with a broad commercial practice. He practices across all areas of commercial law, including banking and finance, corporate insolvency, securities, civil fraud, bankruptcy and general commercial litigation. His expertise also extends to land, trusts and contentious probate matters. Roger is a Fellow of the Chartered Institute of Arbitrators, and maintains a busy arbitration practice. He is frequently instructed both as a junior in high-stakes litigation and arbitrations, and as sole counsel in the High Court and the District Court. Before joining the Bar, Roger qualified as a Solicitor in 2013 following his training at an international law firm. He has been recognized as a rising star in Commercial Disputes in the Legal 500 Asia-Pacific guide for the Hong Kong Bar 2021. RECENT HIGHLIGHTS 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 S.C. and Norman Nip S.C.). The dispute has generated numerous interlocutory decisions in the CFI and CA since 2016. The case is now pending judgment after a 15-day trial held in July 2021. 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 S.C.). 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). 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 S.C.). OTHER NOTABLE CASES Banking & Finance DBS Bank (Hong Kong) Ltd v Sit Pan Jit[2016] 5 HKC 104: Acting for the bank in resisting an appeal arising out of a financial mis-selling claim (with Horace Wong S.C. and Victor Dawes S.C.). One of the issues was whether the investor was precluded by contractual estoppel from alleging misrepresentation. The investor’s application for leave to appeal to the CFA was dismissed (FAMV 45/2016, 17 February 2017). Advising an investor on a financial mis-selling claim worth US$16 million arising out of an offer of margin financing by a sales representative of a major bank in Hong Kong. Corporate Insolvency GS Harvest Limited v Forever Winner International Development Limited[2021] HKCFI 3029: Acting for the petitioner in a winding-up petition against a guarantor. The case concerned the formal validity of an assignment of the underlying debt at the time of the presentation of the petition. Re Capella Capital Limited[2020] 2 HKLRD 274: Acting for the corporate respondents in an application for striking-out of winding-up petitions for want of jurisdiction (with Norman Nip (now Norman Nip S.C.)). Friendship Investments Ltd v To Chun Fan and Others[2020] HKCFI 356: Acting for the subsidiary to strike out the petition naming it as a respondent on the ground that no relief is sought against it. The Court refused to strike out the petition against the subsidiary on the basis that discovery by the subsidiary may be necessary. Friendship Investments Ltd v To Chun Fan and Others[2019] HKCFI 1669: Acting for the subsidiary of a company sought to be wound up in opposing the petitioner’s application for an injunction requiring the respondents to notify the petitioner of any intention to deal with the properties owned by the subsidiary. Securities Securities and Futures Commission v Zheng Dunmu and OrsHCMP 1462/2019: Acting for the Commission in a petition for disqualification and other orders under s.214 of the Securities and Futures Ordinance (with Ambrose Ho S.C.). Market Misconduct Tribunal Inquiry into dealings in the securities of Fujikon Industrial Holdings Limited: Acting for the Commission in the MMT proceedings arising out of a breach of a disclosure requirement under ss.307A, 307B and 307G of the Securities and Futures Ordinance (with Horace Wong S.C.). Securities and Futures Commission v Cheong Kai Tjieh Augustine and Anor[2018] HKCFI 437: Acting for the Commission in an application for orders under s.213 of the Securities and Futures Ordinance (with Victor Dawes S.C.). Market Misconduct Tribunal Inquiry into dealings in the securities of Titan Petrochemicals Group Limited: Acting for the Commission in the MMT proceedings arising out of insider dealing contrary to s.270 of the Securities and Futures Ordinance (with Victor Dawes S.C.). Civil Fraud NongHyup Bank (as trustee of PacificBridge Gold Income Fund I) v Universe Income Builder Fund VI LLC: Acting for the plaintiff in its proprietary, misrepresentation, conspiracy and dishonest assistance claims to recover over US$32 million of investments into a suspected Ponzi scheme. For a recent decision arising from one of the defendant’s interpleader application, see [2021] HKCFI 3519. Aleksandr Narimanovich Kushaev v Greenly Holdings Limited and Ors[2019] HKCFI 2745: Acting for the defendants in their applications to discharge an ex parte Mareva injunction on the grounds of material non-disclosure. Gerald Metals SA v Sanson Metal (International) Limited and Ors[2019] HKCFI 1103: Acting for the plaintiff in obtaining urgent ex parte Mareva injunctions in aid of arbitrations to be commenced in London and Hong Kong. Bankruptcy Re Ding Yi, a bankrupt[2019] HKCA 1195: Acting for the creditor in resisting an application for leave to appeal out of time. The CA considered whether it is reasonably arguable that the legal title to post-bankruptcy income is not vested in the trustees-in-bankruptcy and a claim for an anti-suit injunction to prevent the applicant from being personally restrained from leaving Mainland China is a chose in action. Re Qin Jun, a bankrupt[2019] HKCFI 2515: Acting for the trustees-in-bankruptcy in resisting an application to challenge the Hong Kong court’s jurisdiction. One of the main issues was whether the Hong Kong court has subject matter jurisdiction to set aside transfers of properties situated in the United States under s.49 of the Bankruptcy Ordinance. Ding Yi v Shum Tung[2019] 2 HKLRD 1177, [2019] HKCFI 1232: Acting for the creditor in resisting an application for an anti-suit injunction by the bankrupt to restrain the creditor from enforcing an arbitral award in Mainland China. The case considered whether a bankrupt has standing to make the application. Commercial Litigation High Fashion New Media Corporation Limited v Leong Ma Li: Acting for the defendant in committal proceedings against her for breach of an injunction restricting her dealing with joint venture assets. For a recent decision concerning the defendant’s successful application under s.48 of the Evidence Ordinance to compel the plaintiff to call a person as a witness at trial, see [2021] HKCFI 3466. Delco Participation BV v HWH Holdings Limited and Ors[2020] 5 HKLRD 712: Acting for the defendants in an appeal which raised a construction point as to whether an amendment to plead an additional debt as part of an existing defence of set-off introduces a “claim” within the meaning of s.35 of the Limitation Ordinance (with William Wong S.C. and Norman Nip (now Norman Nip S.C.)). Delco Participation BV v Chiho Environmental Group Limited and Anor [2020] HKCFI 1643: Acting for one of the defendants in resisting an application for summary judgment and interim payment based on an alleged admission by affidavit (with William Wong S.C. and Norman Nip (now Norman Nip S.C.)). One of the issues which arose was whether the fraud exception was engaged where the fraud alleged was not perpetrated against the plaintiff. Delco Participation BV v HWH Holdings Limited [2020] HKCFI 608: Acting for the defendant in an application for leave to appeal (with William Wong S.C.). One of the issues considered was whether leave was required under O.59, r.21(1)(a) where the very point on appeal was whether the proposed pleading introduces a new “claim”. WEA International Inc v Soliton (HK) Limited[2019] HKCFI 751: Acting for the successful plaintiff in an application for summary judgment for payment of a “non-refundable prepayment” after termination of contract. General Appliance (Hong Kong) Limited v Friendship Investments Limited and Ors[2019] HKCFI 631: Acting for the successful plaintiff in an application for summary judgment and an interlocutory mandatory injunction requiring the defendants to deliver up to the plaintiff the title deeds of the plaintiff’s properties (with Anthony Chan). G H Property Holdings Ltd v Able Profit Investment Ltd[2018] HKCFI 2480: Acting for the defendant in resisting an O.14A application for summary disposal on a point of law involving the principles of foreign illegality (with Jin Pao S.C.). Kwai Tak Ming v K.S. Capital One Ltd and Ors[2017] HKLRD 19: Acting for the appellant in an appeal against judgment setting aside a sale and purchase agreement on the grounds of misrepresentation (with Horace Wong S.C.). Arbitration Acting for the respondents in an HKIAC arbitration involving a claim for repayment of earnest money in the amount of RMB1 billion. Acting in an HKIAC arbitration under the UNCITRAL Rules arising out of the registration and use of trademarks related to a Michelin-starred restaurant group. Acting in an ad hocarbitration 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 hocarbitration 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 Chan Yeuk Nam and Ors v Chan Yeuk Shan[2021] HKCFI 3649: Acting for the executrix in an application to remove her and appoint independent administrators in her place on the grounds of conflict of interest and loss of confidence. Anthony Francis Li and Clarence A Li, Managers of Li To Wan Tso v Kwok Wui Knitters Limited [2021] HKCFI 2408: Acting for the purchaser of a Tso to enforce a provisional agreement said to be null and void and unenforceable as a result of an absence of consent from the District Office. For a recent case management decision on whether the action should proceed by writ, see [2021] HKCFI 2408. China City Construction & Development Co., (HK) Limited v Huinong Fund International Investments Ltd and Anor[2020] HKCFI 1925: Acting for the defendants in resisting an application for proprietary and Mareva injunctions and preservation orders based on alleged breaches of trust in respect of listed company shares worth over HK$200 million. Wong Tak Chung and Anor v Wong Ping Shing[2020] HKCFI 1914: Acting for the successful co-owners in application for an order for sale of land under the Partition Ordinance. The application was conducted in Chinese (both written and oral submissions). Ho Kwok Wing v Chan Mei Mui [2020] 3 HKLRD 548: Acting for the successful defendant in resisting an appeal (with Horace Wong S.C.). One of the issues on appeal was whether the plainly wrong test applied when seeking to overturn a finding of fact which involved both an assessment of demeanour or credibility and drawing of inferences from primary facts. For the first-instance judgment where the defendant succeeded in establishing that the property registered in the joint names of herself and one of her sons was held on a common intention constructive trust for herself solely, see [2018] HKCFI 1135. Ho Man Lap v Chan Shui Cheong and Anor[2020] HKDC 65: Acting for the successful plaintiff in an assessment of damages for trespass to land, including an award for aggravated and exemplary damages. Ku’s Investment Co., Ltd v The Incorporated Owners of Landwide Commercial Building[2018] HKLDT 73: Acting for the successful plaintiff in a trial concerning the incorporated owners’ duty to maintain the external wall and roof and related disputes over the proper construction of the DMC (with Horace Wong S.C.). DIRECTORY RANKING / QUOTES Ranked as a Rising Star in Commercial Disputes in The Legal 500 Guide to the Hong Kong Bar “A rising-star – hardworking, highly-responsive… and strategic” (2021) “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.” (2022)

Samantha Lau

Samantha graduated from the University of Hong Kong with double first-class degrees in law and government, before attending Harvard Law School for postgraduate studies, where she graduated with a top prize for her graduation thesis. She later served as a judicial assistant of the Court of Final Appeal of Hong Kong, before being awarded the Hong Kong Bar Scholarship. She is also called to the Bar in New York. Samantha has a wide civil practice with an emphasis on civil and commercial litigation and international arbitration. She has experience handling arbitration proceedings conducted in HKIAC, LCIA and SIAC. Samantha is able to provide legal advice and conduct hearings in English, Cantonese and Mandarin.

Thomas Lee

Thomas Lee is an experienced advocate, arbitrator and adviser. He works across a broad range of commercial disputes, principally in construction, fraud and asset tracing, employment and professional negligence. He is often sole advocate in difficult matters. He is also very comfortable as a senior junior working in a team on heavy cases. He is highly accessible for formal and informal advice as well as representation. He is a Chartered Arbitrator. He has been appointed (solely and as panel member) in several ad hoc references and in appointments under the HKIAC and ICC rules (domestic and international). He practises as a commercial mediator and has sat as a Deputy District Judge. Having been a partner in the HK office of a London law firm, he is highly attuned to the needs and demands of solicitors as well as their clients. He was born in Kuala Lumpur, educated in Australia, and has lived and worked in HK since 1991. He serves extensively on professional bodies: the Arbitration Committee of the HK Bar Association; the Construction Committee of the HKBA (currently Chairman); and the council of the Society of Construction Law Hong Kong, since 2003 (Chairman in 2007). He has recently (2022) been co-opted to the committee of the CIArb (East Asia Branch). Thomas is ranked as a leading commercial disputes junior (Tier 1) by Legal 500 and (Band 4) Chambers & Partners. He is also ranked as leading construction junior (Tier 1) by Legal 500 and is recommended by Doyle’s Guide in construction. RECENT HIGHLIGHTS 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). 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 to a dispute arising out of a failed joint venture, seeking a stay to arbitration in a multi-party and multi-contract dispute. China Medical Technologies Inc (in liquidation) v Wu; Ors [2021] HKCFI 286: acted for the liquidators in opposing the bank’s application to discharge a banker’s books order. Lam Siu Wai v Equal Opportunities Commission[2021] 5 HKLRD 30: acted for a former Chief Equal Opportunities Officer in a High Court appeal from the Labour Tribunal, involving issues the right to terminate without cause, the duty to exercise such a right in good faith and the implied duty of trust and confidence between employers and employees. OTHER NOTABLE CASES Fraud and asset tracing Current and recent assignments: Sino Forest Corporation Litigation Trust v Chan(HCA 1696/2020, HCA 709/201 – claim value > C$3b); China Medical Technologies(HCA 3391/2016 – claim value > HK$4b); HK Zexin(HCA 3243/2016 – claim value > HK$1b); VTB Bank(HCMP 914/2014 – Russia, cross-border); China NTG(HCMP 1967/2012 – BVI, cross-border). Selected cases: Transasia Private Capital Ltd v Cheng Yu [2022] HKCFI 1295(Lis alibi pendens; setting aside default judgment). Amadeaus Investment Ltd v Lin Kao Kun[2019] 2 HKLRD 647 (Extension of writ; service out of jurisdiction). LoanDepot LLC v Yingcai Tech Ltd [2018] HKCFI 2172(Trial; email fraud; bona fide purchaser for value without notice). Zhejiang Provincial Railway Investment International Trade Co., Ltd v HK Zexin Resources Co., Ltd[2017] HKCFI 1621 (Injunction; banker’s books application). Chan Su Chun v Dr Kung Yang Sum[2017] HKCFI 881 (Amendment; striking out; breach of statutory duty; conspiracy to defraud). Pacific King Shipping Holdings Pte Ltd v Huang[2015] 1 HKLRD 830 (Appeal; injunction; ancillary disclosure order). Yasmine(HCMP 1329/2014) (Criminal restraint order). Gold Access(HCMP 3142/2013) (Criminal restraint order). Kabushiki Kaisha Proje Holdings v King Power Group (HK) Ltd (HCA 350/2010) (Trial; breach of contract; investment consultancy agreement). Toggenburger v Luu (CACV 218/2012, HCA 815/2009) (Appeal; breach of contract; misrepresentation). Arbitration As Arbitrator: 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 Domestic Arbitration Rules. Conducted approx. 20 mediations in commercial, banking and construction disputes. 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. Speaking engagements on reciprocal enforcement of judgments and awards between HK and the Mainland PRC. Selected cases: ZPMC-Red Box Energy Services Ltd v Philip Geoffrey Adkins[2021] HKCFI 3501 (Commercial; joint venture; multi-party dispute; stay to arbitration). Penta Ocean Construction Co. Ltd v CWF Piling & Engineering[2007] HKLRD 233 (Appeal; arbitration; construction). United India Insce Co. Ltd v Hyundai Engineering & Construction Co. Ltd (HCCT 2/2005) (Appeal; arbitration; insurance; construction) Post-judgment/award injunctions: listed US oil company(HCCT 3/2013), Xiamen Xinjingdi (HCCL 13/2011) (post-judgment/award injunctions) Construction In the construction sector: Acting for a public sector client defending a claim arising from the termination of a major infrastructure design services contract (2023). Advised and/or represented developers, contractors, sub-contractors, consultants, insurers & liquidators on the full range of multi-tier delay/disruption, defects, termination, quantum, insurance, collateral security & JV disputes and on associated stay/enforcement/appeal proceedings. Experience covers public & private sector civil engineering and commercial & residential building claims (adjudication, arbitration, CFI, CA). Since 2007, advised and appeared in 15+ substantial construction arbitrations or adjudications, in both the private and public sectors. Very active in the intersection of the construction sector and pure construction disputes with commercial litigation, arbitration and mediation; restructuring, insolvency and companies work; public and environmental law; and professional negligence and insurance. Recent or notable construction engagements: Advice and pleadings for an insurer in respect of a professional liability policy following a major fire in a marine facility (litigation). Advising a European public sector client on procurement from HK under the WTO Government Procurement Agreement. Advising a public sector client on rights and obligations following the insolvency of a main contractor (litigation). Advising a private developer on an architectural services agreement for a building project. Advice, pleadings and representation for a specialist sub-contractor on a large Macau building project (arbitration). Advising a specialist contractor on completion obligations under a major public sector transport contract. Advising a sub-contractor on litigation proceedings under a major public sector transport contract. Advising a public sector client on contractual delay recovery provisions on infrastructure mega projects. Advice and pleadings for a public sector client on a highways dispute (arbitration). Advice, pleadings and submissions for a public sector client in a highways dispute (arbitration). Advice and representation for a public sector client in a civil engineering dispute (adjudication). Advice, pleadings and representation for a contractor on a public sector foundations work dispute (arbitration). Advice and representation for a developer on a private building dispute (litigation). Advice and representation for a public sector client in a building dispute (arbitration). Advice and representation for a contractor in a major building dispute (arbitration). Advice and representation for a public sector client on a major building dispute (adjudication). Selected cases: Xiamen Xinjingdi Group Ltd v Eton Properties Ltd [2012] HKCA 528, [2012] HKCFI 1759 (Post-trial injunction; construction; private international law; arbitration). Lead Traders Ltd v Lucky Land Enterprise Ltd [2012] HKCA 498, [2012] 4 HKLRD 612 (Appeal; compulsory acquisition). UDL Contracting Ltd v Apple Daily Printing Ltd[2008] 2 HKC 534 (Service of writ; default judgment; construction). Penta Ocean Construction Co. Ltd v CWF Piling & Engineering[2007] HKLRD 233 (Appeal; arbitration; construction). Hsin Chong Construction (Asia) Ltd v Henble Ltd(HCCT 23/2005) (Construction). Shiu Wing Steel Ltd v DoEP(2006) 9 HKCFAR 478 (CFA) (Judicial review; environmental law). United India Insce Co. Ltd v Hyundai Engineering & Construction Co. Ltd(HCCT 2/2005) (Appeal; arbitration; insurance; construction). Cosmic Insurance Co. Ltd v Prosperity Construction Co. Ltd(HCCT 39/2003) (Construction). Secan Ltd v Wong Ping Wai(HCCT 93/1999) (Trial; construction; professional negligence). Heerim Architects & Engineers Co. Ltd v Tom Ip & Partners(HCCT 73/2002) (Summary judgment; construction). Schindler Lifts (HK) Ltd v Ocean Joy Investments Ltd[2003] 1 HKC 438 (Summary judgment; construction), Malayan Banking Bhd v China Insurance Co. Ltd[2002] HKCFI 211 (Construction; further discovery). Wing Mou Construction Co. Ltd v Cosmic Insurance Co. Ltd(HCCT 48/1999) (Joinder of parties; liquidation; construction). Tridant Engineering Co. Ltd v Mansion Holdings Ltd[2001] 1 HKLRD 783 (Appeal; construction). SKK (HK) Co. Ltd v Ip Kin Keung(HCCT 22/2001) (Default judgment; construction) Employment In employment disputes: Appeared in a wide range of employment cases (team moves, restrictive covenants, confidentiality), often arising from applications for urgent interlocutory relief. Clients include: Ashton Hawks, Richemont, HJ Innoxcell, McLarens, Rothschild, TFS Derivatives, Vistra, BTG. Selected cases: Lam Siu Wai v Equal Opportunities Commission[2021] 5 HKLRD 30 (Employment; termination; implied duty of good faith). Ashton Hawks Ltd v Chan[2021] HKCFI 681, [2020] HKCFI 2769 (Employment; springboard injunction). McLarens HK Ltd v Poon Chi Fai Corey[2019] 3 HKLRD 403 (Employment; springboard injunction). Tang Yi v Edmond de Rothschild Asset Management HK Ltd [2018] HKCFI 1050 (Letters rogatory). Wilson International Trading Private Ltd v Cariappa(HCA 1798/2010) (Injunction; employment). New York Life Insurance Worldwide Ltd v Ho(DCCJ 3370/2005) (Summary judgment; employment). Hill v Ontarget Advisory Services Ltd(HCA 56/2007 and HCMP 2461/2006) (Legal professional privilege; costs). Professional negligence First Asia Finance International Ltd v Tso Au Yim & Yeung [2017] 5 HKLRD 746 (Trial; professional negligence). Chan Shu Chun v Dr Kung Yan Sum (HCA 832/2014) (Amendment; striking out; breach of statutory duty; conspiracy to defraud). Grand Field Group Holdings Ltd v Tsang (No. 2)[2010] 4 HKLRD 487 (Solicitors’ liability for costs). Secan Ltd v Wong Ping Wai (HCCT 93/1999)(Trial; construction; professional negligence). Judicial review and planning Marasinghe v Director-General of Civil Aviation [2019] 5 HKLRD 661 (Judicial review; rolled up hearing). Lead Traders Ltd v Lucky Land Enterprise Ltd[2012] 4 HKLRD 612 (Appeal; compulsory acquisition). Woomera Co. Ltd v Commissioner for Transport(HCAL 146/2008) (Judicial review). Shiu Wing Steel Ltd v DoEP(2006) 9 HKCFAR 478 (CFA) (Judicial review; environmental law). Companies, insolvency and bankruptcy Companies: HK Zexin(HCCW 348/2017), Dragon Spirits (HCCW 161/2017), Shrenuj (HCMP 1302/2016 – appointment of receiver), Primlaks (HCMP 1652/2015 – derivative action; rectification of register), Renco (HCCW 418/2011 – misfeasance). Bankruptcy: Chan Tung Yeung(HCSD 32/2014 – statutory demand by auction house), Lo Po Tong (HCA 431/2013 – transaction at undervalue), Eugene Kim (HCB 6290/2012 – joint venture dispute). Litigation funding: Sunlink(HCMP 91/2015), Berman (HCMP 1321/2010). Director’s disqualification, permission to work: CA Pacific (HCMP 203/2002). Schemes of arrangement: Wah Nam, Seapower Resources, I-China, Hung Mau, HK Pharmaceutical. DIRECTORY QUOTATIONS “He is great with clients.” “A highly-regarded senior junior, he is a good advocate and always very well-prepared.” “Thomas is a responsive and seasoned arbitrator with extensive experience in construction disputes. An excellent and determined advocate, who presents his case in measured yet very clear terms.” “Bright, practical and user-friendly, he rolls his sleeves up and gets stuck into, and masters, the detail. A pleasure to work with, and good with clients.” PUBLICATIONS Thomas edited the chapter on contractors’ completion obligations in Emden’s Construction Law (HK ed.) and wrote the chapter on progress and completion obligations in Construction Law Essentials (HKU Press). Thomas 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.

Verna Lui

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 (particularly those against solicitors); 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 recently 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)

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