![Isaac Chan](/cdn-cgi/image/width=256/https://www.legal500.com/wp-content/uploads/sites/13/2023/01/Isaac-Chan-e1674456509451.jpg)
Isaac Chan
- Phone+852 2532 6787
- Email[email protected]
Position
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 dealingOTHER 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 companiesBanking 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 guaranteeInternational 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 takeoverCivil 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 receiptInsolvency 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 familyLand
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 claimProfessional 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 appealBribery 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 processEducation
EDUCATION:
BSocSc (Govt’ & Laws), University of Hong Kong (2003) LL.B., University of Hong Kong (2004) PCLL, University of Hong Kong (2005) LL.M., London School of Economics & Political Science (2006) Postgraduate Diploma in EU Competition Law, King’s College London (2017)Scholarships
Hong Kong Bar Scholarship (Hong Kong Bar Association) (2006) Charles Ching Memorial Scholarship (Hong Kong Bar Association) (2006)Other qualifications
CEDR Accredited Mediator (2010)