Anthony Chan SC has a broad civil litigation and advisory practice with an emphasis on public law and commercial law. Prior to his appointment as Senior Counsel on 20 May 2023, he was recognized by both Chambers and Partners and Legal 500 as a leading junior in his areas of expertise and was regarded as “probably one of the best junior counsel in town” and “on the up and up”.
In his public law practice, Anthony has considerable experience in constitutional and administrative law litigations, civil liberty cases, town planning, judicial reviews generally and election petitions. Notable cases include acting for the Government in its successful defence of the constitutionality of the Small House Policy and the Co-location arrangement, and in advising the LegCo President on measures to resolve the filibustering of the election of the House Committee Chairman. He also advised and appeared for the LegCo President in the series of oath-taking cases and filibustering cases. Other highlights include representing the Bar in a case that confirms the distinction between counsel and solicitor advocates, and in successfully defending a constitutional challenge against the supplementary occupation rule.
Anthony’s substantial commercial practice encompasses property disputes (compulsory sale, adverse possession and encroachment), shareholders’ disputes, insolvency matters and general contractual disputes. Anthony’s private client work include acting for family members and the committees in mental health and related proceedings (such as asset recovery and statutory will) and advising ultra-high net worth individuals on succession planning. Notably, he appeared in the leading case on the applicable principles on mental capacity in the context of the Mental Health Ordinance. Other areas of expertise include conflict of laws, breach of confidence (trade secrets), regulatory and disciplinary matters, building appeals, matrimonial finance and contempt of court proceedings. He also has a significant construction and arbitration practice.
Public Law / Judicial Review
Constitutional challenge / judicial reviewSiu Yat Fung Anthony t/a Anthony Siu & Co v The Council of the Law Society of Hong Kong and the Council of the Hong Kong Bar Association  3 HKLRD 443
Whether decisions of the Joint Tribunal of the Bar Council and the Council of the Law Society resolving fee dispute between barristers and solicitors are amenable to judicial review.Chui Marjorie Che Ying v Appeal Tribunal (Buildings)  4 HKLRD 5
The ambit of the Building Authority’s power to serve a repair order under section 28(3) of the Buildings Ordinance (Cap.123).
Property & Conveyancing Secretary for Justice v. Chau Ka Chik Tso (2011) 14 HKCFAR 889;  2 HKLRD 387 (CA)
Leading authority on the law of encroachment and adverse possession (led by Edward Chan, SC and with Mok Yeuk Chi in the CFA and with Mok Yeuk Chi in the CA).Building Authority v. Appeal Tribunal (Buildings) (2018) 21 HKCFAR 194;  4 HKLRD 510 (CA);  6 HKC 515 (CFI)
Whether, under a widely used special condition in a Government lease, the grantee’s maintenance obligation extends to man-made slopes supporting the road located on Government land (led by Benjamin Yu, SC and with Mok Yeuk-Chi in the CFA and with Mok Yeuk Chi below).Win Glories Ltd v. Majorluck Ltd  5 HKLRD 471 (CA)
Whether commercial tenant’s liability to pay joint charges include obligation to pay management charges.
Building / Construction Chun Wo Building Construction Ltd v. Metta Resources Ltd HCCT 29/2013, 19.8.2016
One of the largest construction litigations in Hong Kong in recent years arising out of the construction of Tsz Shan Monastery (led by John Scott, SC and with Liza Jane Cruden and Anthony Chow). Important issues addressed include (a) whether a notice of delay is a condition precedent for EOT claim under SCC-23 (Hong Kong Standard Form); (b) architect’s abdication of responsibility and how that affects the employer’s defence to VO and EOT claims based on the contractor’s failure to comply with formality and notice provisions; (c) diminution of contract sum for works omitted and defects.Chevalier (Aluminum Engineering) Hong Kong Ltd v Sun Properties Co Ltd  HKCFI 1313
A 4-day High Court trial concerning a windows and aluminum cladding sub-contractor’s claim for direct payment against the employer.Wui Fai Engineering Co Ltd v. Sanfield Building Contractors Ltd HCCT 15/2017
A 15-day High Court trial in respect of a formwork contract concerning a mix-used development over an MTR station (led by Victor Dawes, SC and with Peter Dong).
International arbitration (under ICC rules) over licensing and non-competition provisions (governed by Cayman law) in a shareholders agreement relating to a major retail business in the PRC (led by leading counsel).International arbitration (under SCC rules) between sino-foreign joint venture partners to an electricity plant project over the failure to inject land use rights worth over RMB300 million as capital contribution.See also the list of arbitration cases under Building / Construction section. Injunction / Contempt
Public lawChief Executive & Secretary for Justice v. President of the Legislative Council  6 HKC 144
Interim injunction to restrain 2 elected persons from retaking the oath of office (led by Jat Sew-Tong, SC).Secretary for Justice v. Li Pang Kay  2 HKLRD 882
Sharp Daily and Apple Daily criminal contempt case – report of confession likely to prejudice or interfere with pending criminal proceedings (led by Jat Sew-Tong, SC).
Commercial Delco Participation BV v Chiho Environmental Group Ltd  HKCFI 1272
Whether a third-party respondent has “power” over documents belonging to a subsidiary: insufficient to show there are a series of steps open to the respondent which might have the result of giving it a right to obtain documents belonging to a subsidiary (with Jason Lee).Hu Hung Chiu v. Pacific Electric Wire & Cable Company Ltd  5 HKLRD 767
Whether the court has jurisdiction to and should stay proceedings brought by a party pending payment of adverse costs order made in earlier proceedings (led by Victor Dawes, SC and with Peter Dong).Golden Miles Group Holding Ltd v. Jacob & Co  HKCFI 441
Discharge of interlocutory injunction restraining breach of distributorship agreement; whether agreement validly terminated; whether there is any prospect of a permanent injunction given the irretrievable breakdown of relationship and complete loss of mutual trust and confidence between the parties (led by Benjamin Yu, SC).
Advising on provisions of the Securities and Futures Ordinance. Re Kwok Hiu Chun Damien (a bankrupt)  4 HKLRD 421 (CA)
Whether section 16 of the Mandatory Provident Fund Schemes Ordinance (Cap.485) excludes a bankrupt employee’s long service payment from his estate.Re Chan Tin Leung  5 HKLRD 606
Whether a debtor subject to an extant IVA has locus standi to present bankruptcy petition against himself.Re Lai Ka Hing Fanco  5 HKLRD 552
Bankruptcy petition, whether petitioner unreasonably refused offer to settle debt.
Company Hu Hung Chiu v Pacific Electric Wire & Cable Company Ltd  2 HKLRD 477
Whether an applicant has sufficient interest to apply for a declaration that a company’s dissolution be declared void (led by Victor Dawes, SC and with Peter Dong)Moorthy Selvaraj v GMT Industrial Limited  4 HKLRD 572
Inspection of company documents by shareholders under section 740 of the Companies Ordinance. Whether inspection to enable valuation of presently owned shares constitutes a proper purpose.Re Poly Property Group Co Ltd  4 HKC 169
Whether to grant extension of time to file return of allotment and to extinguish criminal liability for late delivery. Meaning of “accidental”, “inadvertence” and “just and equitable”.
Confidentiality / Privacy
Step Perfect Ltd v. Gregory Goldstein (HCA 846/2017, 16.10.2017)
Injunction to restrain disclosure of confidential information; application to stay on forum non conveniens *and *lis alibi pendensSK Hynix Inc v. Vannex International Ltd HCA 1473/2014, 10.2.2015
Injunction to restrain unlawful use of trade secrets concerning the manufacturing process of memory semiconductors. The case raised the question whether the confidential nature of information would be destroyed if a competitor could obtain the information by reverse engineering.Chinaplus Wines Ltd v. Berry Bros & Rudd Ltd HCA 1818/2012, 13.12.2012
Injunction to restrain unlawful use of customer database (led by Adrian Huggins, SC).
Hung Fung Enterprises Holdings Ltd v. Agricultural Bank of China  3 HKLRD 679 (CA)
Conflict of laws, whether a Hong Kong court should enforce double interest awarded by PRC court (led by Ronny Tong, SC).Step Perfect Ltd v. Gregory Goldstein (HCA 846/2017, 16.10.2017)
Injunction to restrain disclosure of confidential information; application to stay on forum non conveniens and lis alibi pendens
Re NLS (Mental Condition)  3 HKLRD 814;  6 HKC 127
Leading case on applicable principles on whether a person is incapable of managing and administering his property and affairs by reason of his mental incapacity (led by Benjamin Yu, SC).Advising and appearing for the Official Solicitor, committee and family members in numerous mental health proceedings.
Doreen Do Yee Tong v. Wesley Wei Hei Wan  1 HKLRD 318 (CA)
Whether the Family Court has jurisdiction to determine the ownership of a property after it has given an order on ancillary relief (led by Paul Shieh, SC).
Others Re Simpson QC (2021) 24 HKCFAR 187;  1 HKLRD 715 (CA);  5 HKLRD 441 (CFI)
Whether, for the purpose of ad hoc admission of overseas silk, a solicitor advocate is acceptable alternative to junior counsel (led by Gladys Li SC, Stewart Wong SC with Jonathan Ng (on appeal) and with Esther Mak (at first instance))Building Authority v. Appeal Tribunal (Buildings)  1 HKLRD 186 (CA)
Adducing new evidence to demonstrate the proposed appeal raises questions of great general or public importance not caught by the Ladd v. Marshall test (with Mok Yeuk-Chi).Wong Chi Ching v. BOCOM International Holdings Co Ltd  2 HKC 584 (CA)
Whether, upon transfer of a case from the Labour Tribunal, the High Court has jurisdiction to deal with claims outside the jurisdiction of the Labour Tribunal.