Abraham Chan SC
Abraham Chan SC
Abraham Chan SC
“Fiercely bright but very approachable, as well as client-friendly and willing to work collaboratively with solicitors...written and oral advocacy of the highest standard.” - Chambers & Partners 2023

Call: 2000 (HK); 2000 (England & Wales)
Start of Practice: 2004
Inner Bar: 2017
CEDR Accredited Mediator: 2010

Education

  • MPhil in Law, Oxford University
  • Bachelor of Civil Law, Oxford University
  • Bachelor of Laws, University of London
  • Chinese International School

Contact

Email:achan@templechambers.com
Tel:(+852) 2523 2003

Secretary

Name:Bertha Li
Email:bertha@templechambers.com
Tel:(+852) 2248 1958

mentions

Practice Areas

  • Commercial
  • Public Law / Judicial Review
  • Banking / Finance
  • Building / Construction
  • Commission of Inquiry / Inquest
  • Company
  • Competition
  • Confidentiality / Privacy
  • Conflict of Laws
  • Family / Matrimonial
  • Insolvency
  • Insurance
  • Planning
  • Probate / Succession
  • Professional Liability
  • Property & Conveyancing
  • Securities & Regulation
  • Technology, Media and Telecommunications
  • Civil Fraud / Asset Recovery
  • Discrimination
  • Disciplinary
  • Appointments And Public Office

  • Recorder of the Court of First Instance, High Court 2021-present
  • Deputy High Court Judge, 2019-2021
  • Hong Kong Tourism Board, 2019-present
  • Process Review Panel for the Mandatory Provident Fund Schemes Authority, 2021-present
  • Process Review Panel for MPF Intermediaries Regulation, 2019-2021
  • Criminal and Law Enforcement Injuries Compensation Board, 2019-2021
  • Financial Reporting Review Panel, 2018-2021
  • Examiner, Higher Rights Assessment Board, 2018-present
  • Panel of Counsel to the Competition Commission, 2016-present
  • Panel of Counsel to the Hong Kong Monetary Authority, 2014-present
  • Council Member, The Bar Council, 2020; 2015-2017; 2005-2006
  • Special Committee on Constitutional Affairs and Human Rights, Hong Kong Bar Association 2016-present
  • Lecturer and Board of Examiners, Juris Doctor (JD) Programme, Faculty of Law, University of Hong Kong 2014-2019
  • Consultant to the School of Law (PCLL programme), Chinese University, 2007
  • Editorial Committee, Oxford University Commonwealth Law Journal, 2001-2002
  • Publications And Articles

  • Securities & Futures Ordinance: Commentary & Annotations (Sweet & Maxwell 2016) - contributor
  • Abraham was formerly an Associate Editor of the Oxford University Commonwealth Law Journal.
  • Scholarship And Prizes

  • Hong Kong Bar Scholarship
  • Hong Kong Middle Temple Society Advocacy Scholarship
  • Profile

    Abraham Chan SC’s practice spans commercial, constitutional and administrative law. He advises and acts as advocate in a wide range of complex, high-impact disputes for individuals and institutions at all levels of court in Hong Kong.

    Much of Abraham’s advocacy is at the appellate levels, where he is often brought on fresh to lead in appealing or defending earlier judgments. Abraham has also acted as an independent, court-appointed amicus curiae (“friend of the court”) in matters involving novel and difficult points of legal principle before the Court of Final Appeal, Court of Appeal and Court of First Instance, and as counsel for the Secretary of Justice intervening in the public Interest.

    Abraham has been cited in the Chambers & Partners guides (Global and Asia Pacific) as “a very intelligent and articulate barrister” with “an excellent brain and exceptional presentation skills” who “commands the court’s respect”.

    Experience

    Commercial+

    Abraham is identified as a leading silk for commercial disputes by Chambers & Partners, where he has been cited as a “first choice for complex disputes” and “able to present arguments in the most forceful and persuasive manner”, and as “fiercely bright” but “very approachable…client friendly and willing to work collaboratively with solicitors” with “written and oral advocacy of the highest standard”.

    Abraham is also recommended in the Commercial Disputes section of Legal 500, where he is noted as “an extremely persuasive and organised advocate”, and “sought after for his expertise in handling commercial disputes which frequently overlap with public law issues”.

    Who’s Who Legal lists Abraham as a Global Leader in litigation.

  • Lau Suk Ching Peggy v Ma Hing Lam v Ors (2010) 13 HKCFAR 226 (Court of Final Appeal; appearing as amicus curiae on appointment by the Court). Construction of option agreement and issues on specific performance.
  • Xu Hongbiao v Oasis Investment Group Ltd & Ors [2023] HKCFI 860. Ongoing multi-jurisdictional dispute following a large scale real estate development venture fallout.
  • Fook Lee Holdings Limited v Harbour Grand Hong Kong Limited and CK Asset Holdings Limited HCA 1188/2020. Ongoing claim for breach of contract and fiduciary duties in property development joint venture context.
  • Chen Hongqing v Mi Jingtian, Zhao Liping, Li Maohuan, Yu Yu Chuan & Asia Cement Corporation [2018] HKCFI 1169. Multi-part, cross-jurisdictional dispute connected with the ongoing China Shanshui Cement Group litigation.
  • Convoy Global Holdings Ltd & Ors v Cho Kwai Chee Roy & Ors HCA 2922/2017. Acting for party in defence of claims in relation to the Convoy Group.
  • Altogether Land Co Ltd v LC Finance Ltd & Ors [2017] HKCU 3088. Acting for plaintiff in obtaining freezing injunction over assets up to HK$362m and ancillary disclosure orders.
  • Active Profit Ltd v Nissho Iwai Hong Kong (2006) 9 HKCFAR 653 (Court of Final Appeal). Breach of trust and fiduciary duties claim following failed real estate joint venture. Led by Geoffrey Vos QC (now Vos MR) and Jat Sew-Tong SC.
  • Excelsior Capital Asia (HK) Ltd v Zhang Hengshun HCCL 14/2016. Acted on behalf of private equity firm in application to set aside leave to serve writ out of jurisdiction.
  • Tsai Eng-meng v Cha Mou Sing Payson & Ors. Dispute over sale of interests in Asia Television Limited (ATV).
  • Walter Kwok v Sun Hung Kai Properties Ltd & Ors [2009] 2 HKLRD 11 (Court of Appeal). Dispute over the management of Sun Hung Kai Properties Ltd.
  • Experience with confidential high-value alternative dispute resolution mechanisms in a diverse range of disputes, including commercial arbitrations and mediation.
  • Engaged as an expert witness on Hong Kong law in London Commercial Court proceedings.
  • Advised and represented a pioneering global payments platform in relation to an array of novel commercial, public law and other regulatory issues involving both private law and judicial review proceedings.
  • Advised a Hong Kong listed company jointly with Jonathan Sumption QC (now Lord Sumption JSC) and Yvonne Cheng SC (now Madam Justice Cheng) on issues concerning the proper rate of interest on a recovered deposit.
  • Public Law / Judicial Review+

    Abraham has been engaged as counsel in over 300 judicial review and regulatory matters, with more than a dozen reaching the Court of Final Appeal on the statutory “great general or public importance” ground. He has also appeared in the Court of Appeal and Court of First Instance as court-appointed amicus curiae to address issues of major public law importance.

    Abraham acts for an exceptionally diverse range of parties to public law litigation. He has represented, across a broad spectrum of public law disputes, both respondent authorities (including the Chief Executive of the HKSAR, the President of the Legislative Council, the Financial Secretary, the Director of Lands, the Hospital Authority, the Communications Authority, the Law Society and the Bar Council) as well as claimants ranging from listed corporations to non-profit NGOs and legally aided individuals.

    Chambers & Partners has cited Abraham as “an expert in public law” and “one of the few true specialists” in the public law sphere, who is “composed, calm” and “able to present arguments in the most forceful and persuasive manner”.

    Who’s Who Legal highlights Abraham as “a leading light in public law matters” who is “technically excellent and trusted by the courts”.

    Legal 500 (Administrative and Public Law) describes Abraham as “a brilliant and well-respected barrister” who is “very easy to work with”.

  • H v Director of Immigration (2020) 23 HKCFAR 248 (Court of Final Appeal). Jurisdictional questions in relation to refusals to extend time to apply for judicial review out of time.
  • Chan Ka Lam v Country and Marine Parks Authority (2020) 23 HKCFAR 414 (Court of Final Appeal). On the scope of duties of the Country and Marine Parks Authority.
  • Designing Hong Kong Ltd v Town Planning Board [2018] HKCFA 16 (Court of Final Appeal). On the Protective Costs Order jurisdiction in Hong Kong. Acting for the Secretary for Justice as Intervenor, led by Wong Yan Lung SC.
  • Comilang v Director of Immigration (2019) 22 HKCFAR 59 (Court of Final Appeal). On family and related constitutional rights in the immigration context. Led by Lord Pannick QC.
  • Fok Chun Wa v Hospital Authority (2012) 15 HKCFAR 409 (Court of Final Appeal). Judicial review action on the constitutionality of differential obstetric charges. Led by Lord Pannick QC and Adrian Huggins SC.
  • Hysan Development Co Ltd v Town Planning Board (2016) 19 HKCFAR 372 (Court of Final Appeal). Leading case on private property rights under the Basic Law, the proportionality test and judicial review of town planning measures. Led by Lord Pannick QC and Jat Sew-Tong SC.
  • Chau Cheuk Yiu v Poon Kit Sang (2012) 15 HKCFAR 460 (Court of Final Appeal). Elucidation of principles on leave to appeal out of time and finality in judicial review; disciplinary proceedings. Acting for the Commissioner of Police. Led by Anderson Chow SC (now Chow JA).
  • Kong Yunming v Director of Social Welfare (2013) 16 HKCFAR 950 (Court of Final Appeal) Constitutional challenge concerning Hong Kong’s social welfare system. Led by Joseph Fok SC (now Fok PJ) at first instance and Lord Pannick QC on appeal.
  • Tam Sze Leung & Others v Commissioner of Police [2023] 2 HKLRD 839 (Court of Appeal). On the legality and constitutionality of the police “No Consent Regime” for freezing assets in bank accounts.
  • Cheung Tak Wing v Communications Authority [2022] 1 HKLRD 457 (Court of Appeal). On the nature and scope of “announcements in the public interest” for the purposes of the statutory regime for television and radio broadcasting in Hong Kong.
  • Leung Kwok Hung v Secretary for Transport and Housing [2021] 3 HKLRD 140 (Court of Appeal). On constitutionality of immigration and customs arrangements at the Guangzhou-Shenzhen-Hong Kong Express Rail Link Station, the largest underground railway station in the world.
  • Kwok Cheuk Kin v President of the Legislative Council [2021] 1 HKLRD 1247 (Court of Appeal). On constitutionality of quorum requirements in the legislative council proecss. Acting for the President of the Legislative Council.
  • CB v Commissioner of Police [2021] 5 HKLRD 13. Landmark judgment on the obligation of the HKSAR Government to enact specific legislation to combat forced labour in Hong Kong as a matter of constitutional duty, and the duties of investigators in dealing with potential cases of human trafficking.
  • Ng Wing Hung v The Council of the Law Society of Hong Kong [2021] 3 HKLRD 509. Judicial review challenge following the largest-scale intervention in the practice of a firm of solicitors by the Law Society (the regulating body for all solicitors in Hong Kong) in Hong Kong legal history. Acting for the Law Society.
  • Chairman and Deputy Chairman of the Preliminary Investigation Committee of the Medical Council of Hong Kong v Hospital Authority [2021] HKCA 1793 (Court of Appeal). On extent of requisition powers of the PIC of the Hong Kong Medical Council in respect of private patient information for disciplinary investigations. Acting for the Hospital Authority.
  • Junior Police Officers’ Association of the Hong Kong Police Force v Electoral Affairs Commission [2020] 3 HKLRD 39 (Court of Appeal). On the constitutionality of aspects of Hong Kong’s elector registration system.
  • Re The German Swiss International School Association Ltd [2020] 3 HKLRD 518. On the application of the Race Discrimination Ordinance in the context of a school governing body.
  • Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development and The Communications Authority [2019] 1 HKLRD 833 (Court of Appeal). (Court of Appeal). On duty of candour of respondents in judicial review.
  • Lubuiano Nancy Almorin v Director of Immigration [2020] 5 HKC 662 (Court of Appeal). Judicial review of “live-in” restriction for foreign domestic helpers.
  • Leung Sze Ho Albert v Bar Council [2016] 5 HKLRD 542 (Court of Appeal). On scope of the right to freedom of choice of occupation under Article 33 of the Basic Law. Acting for the Bar Council.
  • Television Broadcasts Ltd v Communications Authority and Chief Executive in Council [2013] 5 HKC 593 Judicial review brought by TVB in respect of new domestic broadcasting licence applications. Acting for the Communications Authority.
  • Banking / Finance+
  • Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2017] 5 HKLRD 629 (Court of Appeal). Large scale investment mis-selling dispute with foreign trusts element. 5 week trial at first instance.
  • Lai Sai Sang v UBS AG HCA 97/2010. Banking dispute.
  • HSBC Private Bank v Mission Bridge HCA 406/2008. Banking and investment dispute.
  • Lun Man Kin v Citibank NA HCA 989/2009. Banking and investment dispute
  • Abraham has also acted for a large variety of investment funds, private equity firms and investors in relation to investment and finance disputes.
  • Building / Construction+
  • Hui Hing Sang v Chief Executive in Council HCAL 99/2015, 15.3.16. Challenge to legality of financing process for the HK$149bn+ expansion and redevelopment of Hong Kong International Airport.
  • Building Authority v Appeal Tribunal (Buildings) & Anor [2015] 5 HKLRD 108
  • Lai Siu-Kin Rembert v Building Authority [2013] 4 HKLRD 74
  • Fairbo Investment Ltd v Appeal Tribunal (Buildings) [2014] 3 HKLRD 99
  • Building Authority v Appeal Tribunal (Buildings) [2013] 4 HKLRD 52. Case stated to Court of Appeal on scope of power under section 16(1)(i) of the Buildings Ordinance.
  • Ko Siu Luen v Appeal Tribunal (Buildings) [2012] 1 HKLRD 149
  • Ashley 121 Ltd v Appeal Tribunal (Buildings) [2011] 2 HKLRD 728
  • Abraham has also appeared as counsel in proceedings before the Buildings Appeal Tribunal.
  • Commission of Inquiry / Inquest
  • Advised the HKSAR Government on legal issues arising out of the report of the Commission of Inquiry into the Collision of Vessels near Lamma Island on 1 October 2012.
  • Appeared in the public inquiry regarding the application by Greater Bay Airlines Limited for a licence to operate scheduled air services under the Air Transport (Licensing of Air Services) Regulations.
  • Appeared in the public inquiry regarding the application by Jetstar Hong Kong Airways Limited for a licence to operate scheduled air services under the Air Transport (Licensing of Air Services) Regulations.
  • Appeared in the 5 month public inquiry on behalf of the HKSAR Government before the Commission of Inquiry into Excess Lead Found in Drinking Water.
  • Company+
  • Re Target Insurance Co Ltd [2022] HKCFI 3036. Winding-up proceedings under the Insurance Ordinance.
  • Re The German Swiss International School Association Ltd [2020] 3 HKLRD 518. On whether the Race Discrimination Ordinance covers a company incorporated under the then Companies Ordinance, Cap 32.
  • Kazuo Okada v The Registrar of Companies [2019] 1 HKLRD 483. On power of Companies Registrar to withhold registration of disputed company information.
  • Chen Hongqing v Mi Jingtian [2018] HKCU 1775. Acted on behalf of Taiwanese listed company in application for discharge of receivers over shares.
  • Walter Kwok v Sun Hung Kai Properties Ltd & Ors [2009] 2 HKLRD 11 (Court of Appeal). Dispute over the management of Sun Hung Kai Properties Ltd.
  • Re Asia Television Ltd HCMP 2840/2012. Interim relief pending hearing of unfair prejudice petition under s.168A of the Companies Ordinance.
  • Competition+

    Abraham is among a small group of barristers who have been active in Hong Kong’s competition law regime from its very start. He has regularly advised and appeared as counsel for both regulators (primarily the Competition Commission but also, pre- Competition Ordinance, the Communications Authority) and respondents.

    Abraham is recognised in Legal 500 Asia Pacific as a Tier 1 leading counsel for competition law: “His ability to absorb and analyse a large amount of detail quickly and to distill the key points to be successfully argued sets him apart from other barristers. He always crafts the best form of the argument to be made having regard to the particular circumstances of the case”; “extremely easy to work with, cerebral, and always able to distill complex legal issues in a way that the lay client can understand”; “grasps the issues quickly and his advice goes right to the point”.

  • Competition Commission v W.Hing Construction Company Ltd [2021] 3 HKLRD 219 (Court of Appeal). First ever action in Hong Kong against alleged market sharing and price-fixing cartel conduct under the First Conduct Rule of the Competition Ordinance, on appeal following 4 week trial before the Competition Tribunal. Instructed by the Competition Commission.
  • Competition Commission v ATAL Building Services Engineering Ltd [2022] 4 HKLRD 425. On appropriate procedure for applications relating to confidential treatement of information in originating documents, redactions and confidentiality rights in the competition law context.
  • Competition Commisssion v Kam Kwong Engineering Company Ltd [2022] 3 HKLRD 786. Approach to penalties and mitigating factors for breach of “first condut rule”; approach to discounts for co-operation and early concessions.
  • Competition Commission v. W. Hing Construction Limited & Ors [2020] 2 HKLRD 1229. First judgment on pecuniary penalties within the Hong Kong competition law regime.
  • Competition Commission v TH Lee Book Co & Ors [2020] HKCT 12. Large scale action in relation to alleged price-fixing. Acting for the 2nd and 3rd Respondents.
  • Competition Commission v. W. Hing Construction Limited & Ors [2018] 5 HKLRD 437. Preliminary procedural issues in first ever enforcement action in Hong Kong against an alleged market sharing and price-fixing cartel under the First Conduct Rule of the Competition Ordinance.
  • Hong Kong Telecommunications (HKT) Limited v Communications Authority CACV 144/2014, 7.8.15 (Court of Appeal); and before the Telecommunications (Competition Provisions) Appeal Board). On extent of the Telecommunications (Competition Provisions) Appeal Board’s powers over Communication Authority investigations. Complaint regarding Apple iPhone distribution arrangements. Acting for the Communications Authority.
  • Confidentiality / Privacy+
  • X v Privacy Commissioner for Personal Data, AAB 15/2019. Acting for Google LLC in relation to questions on the scope and operation of the Personal Data (Privacy) Ordinance in relation to internet search operators.
  • Competition Commission v ATAL Building Services Engineering Ltd [2022] 4 HKLRD 425. On appropriate procedure for applications relating to confidential treatment of information in originating documents, redactions and confidentiality rights in the competition law context.
  • Tong Bing Lun v Privacy Commissioner for Personal Data, AAB 12/2017. Administrative appeal; data protection principles.
  • HSBC v Privacy Commissioner for Personal Data, AAB 39/2008
  • Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development and The Communications Authority [2019] 1 HKLRD 833 (Court of Appeal). (Court of Appeal). On Communications Authority’s entitlement to redact information within a technical consultation report on grounds of commercial confidentiality.
  • Poben Consultants Ltd v Clearwater Bay Golf & Country Club [2019] 1 HKLRD 1110 (Court of Appeal). Application to expunge document from court on grounds of without prejudice privilege.
  • L v Privacy Commissioner for Personal Data, AAB 27/2003. Administrative appeal; data protection principles.
  • Hong Kong Jockey Club v Privacy Commissioner for Personal Data, AAB 13/2007 Administrative appeal; data protection principles.
  • Conflict of Laws+
  • YJH v LKHM [2019] HKCFI 2030. Forum conveniens issues arising in family and wardship proceedings.
  • Hiromi Okada v Tomohiro Okada & Anor (HCMP 2446/2017). Application to stay proceedings in favour of Tokyo District Court and to discharge interim relief.
  • L v L (Child Removal – PRC) – [2017] HKFLR 588 (Court of Appeal). On arrangements on reciprocal recognition and enforcement of civil judgements in matrimonial and family cases by the courts of the Mainland and of the Hong Kong Special Administrative Region, acting for the Secretary for Justice as intervener in the public interest.
  • Duan Qi Gui v Upper Like Investments Ltd [2007] 4 HKLRD 576 (upheld on appeal CACV 320/2007). Stay of proceedings and forum non conveniens
  • Excelsior Capital Asia (HK) Ltd v Zhang Hengshun HCCL 14/2016. Acted on behalf of private equity firm in application to set aside leave to serve writ out of jurisdiction.
  • LN v SCCM [2013] HKFLR 358. Matrimonial dispute; forum non conveniens.
  • Planning+
  • Chan Ka Lam v Country and Marine Parks Authority (2020) 23 HKCFAR 414 (Court of Final Appeal). On the scope of duties of the Country and Marine Parks Authority.
  • Hysan Development Co Ltd v Town Planning Board (2016) 19 HKCFAR 372 (Court of Final Appeal). Leading case on private property rights under the Basic Law, the proportionality test and judicial review of town planning measures. Led by Lord Pannick QC and Jat Sew-Tong SC.
  • Real Estate Developers Association v Town Planning Board [2018] 3 HKLRD 352
  • Oriental Generation Ltd v TPB [2013] 6 HKC 364 (Court of Appeal). Wide ranging issues in relation to legality of building height and related restrictions and extent of Town Planning Board’s duties of inquiry and consideration of representations.
  • The Real Estate Developers Association v Town Planning Board [2015] 2 HKC 327. Systemic challenge to legality of Town Planning Board procedures.
  • Re Thomas Lai [2014] 6 HKC 1. Challenge to country park designation decision.
  • Hero Limited v Director of Planning CACV 231/2011, 17.7.12 (Court of Appeal). Consideration of the meaning of the word “shrine” in a rural planning context. Acting for the Director of Planning.
  • Fine Tower Associates v Town Planning Board [2008] 1 HKLRD 553 (Court of Appeal). A leading case concerning the constitutional right to property and protection against zoning expropriation.
  • Wong Fuk Tim v HKSAR Government and Ors HCA 1008/2011, 12.10.11. Action for declaratory and other relief in respect of major MTR extension works. Acting for the Secretary for Transport and Housing and the Secretary for Financial Services and Treasury.
  • Family / Matrimonial+
  • YJH v LKHM [2019] HKCFI 2030. Wardship and forum conveniens issues.
  • L v L (Child Removal – PRC) – [2017] HKFLR 588 (Court of Appeal). On arrangements on reciprocal recognition and enforcement of civil judgements in matrimonial and family cases by the courts of the Mainland and of the Hong Kong Special Administrative Region, acting for the Secretary for Justice as intervener in the public interest.
  • LCJWY v LCKS [2015] 6 HKC 65. Trial of preliminary issue - beneficial ownership of assets.
  • WYSL v FHCBA [2018] HKCU 2811. Trial of issues on dispositions of property.
  • Hung Wong Mimi Kar Kee v Severn Villa Ltd [2012] 5 HKC 80.
  • LN v SCCM [2013] HKFLR 358. Forum non conveniens.
  • Insolvency+
  • Engaged over several years in litigation arising from Hong Kong’s largest ever corporate insolvency (Akai Group), led by Richard Snowden QC (now Snowden JA) and Godfrey Lam SC (now G Lam JA).
  • Re Target Insurance Co Ltd [2022] HKCFI 3036. Winding-up proceedings under the Insurance Ordinance.
  • Re BGA Holdings Limited HCCW 251/2019. Ongoing, multi-jurisdiction insolvency proceedings.
  • Acting for the liquidators of Smart Edge Ltd in multiple actions in connection with the disputed sale of a major commercial building.
  • Instructed for claimants in series of long-running “Lehman” related actions.
  • Insurance
  • Ugland Shipping A/S v Intermare Transport GMBH, CACV 393/2007 (Court of Appeal). Shipping insurance and cargo dispute.
  • Advising and acting for a range of insurers and insurance associations and federations, as well as policyholders, in both non-contentious and contentious (including arbitral) proceedings.
  • Probate / Succession
  • Fok Chun Yue Benjamin v Fok Chun Wan Ian & Ors HCA 2155/2010. Dispute over the administration of the estate of the late Mr Henry Fok Ying Tung.
  • Professional Liability
  • Instructed to advise and act in a large-scale professional negligence action against a firm of auditors, with Michael Brindle QC and Jat Sew-Tong SC. Settled before scheduled 6 month trial of action.
  • Property & Conveyancing+
  • SPM Ltd v Appeal Tribunals (Buildings Ordinance) [2023] 2 HKLRD 531 (Court of Appeal). Dispute as to whether the external walls of a multi storey building are the common parts of a multi storey building and as a result the co-owners of the building are responsible for their maintenance.
  • Centre Chase Investment Ltd v International Industrial Building, Castle Peak Road (IO) [2021] 5 HKLRD 457 (Court of Appeal). Ongoing dispute involving novel legal questions in relation to building management, including the scope of power of a Management Committee to approve breaches of a DMC in the form of illegal structures within an industrial building.
  • Smart Edge Ltd (Receivers and Managers Appointed) v HG Property Investment HK Ltd [2023] 4 HKC 23. Dispute over the registrability within the Land Register of an action in respect of a sale and purchase agreement for the shares of company holding land.
  • Fook Lee Holdings Limited v Harbour Grand Hong Kong Limited and CK Asset Holdings Limited HCA 1188/2020. Ongoing claim for breach of contract and fiduciary duties in property development joint venture context.
  • The Dairy Farm Company Limited v Secretary for Justice for and on behalf of the Director of Lands [2022] HKCA 1902 (Court of Appeal). Action for breach of Government lease. Acted for the Dairy Farm Company Limited.
  • Chan San v Hans Li, The Person Appointed to Represent the Estate of Kam Shui Man [2020] HKCA 166 (Court of Appeal). Adverse possession claim.
  • Splendid Resources Inc v Secretary for Justice [2017] 2 HKC 570. Government lease re-entry action. For the Secretary for Justice on behalf of the Director of Lands.
  • United Bright Limited v Secretary for Justice [2015] 2 HKLRD 633 (Court of Appeal). Effect of lease modification letter and admissibility of private correspondence in interpretation of documents registered with Land Registry. Led by Eugene Fung SC.
  • Regal Shining Ltd v Secretary of Justice (on behalf of the Director of Lands) [2014] 6 HKC 265. Construction of restrictive covenant in old Government lease. Led by Audrey Eu SC.
  • Hong Kong Canadian International Hospital Foundation v Secretary for Justice HCAL 131/2006, 4.5.07. Judicial review challenge to Government re-entry. Acting for the Secretary for Justice. Led by Joseph Fok SC (now Fok PJ).
  • Securities & Regulation+

    Abraham regularly acts as counsel for both regulatory authorities and regulated entities in a wide range of regulatory contexts.

    The matters highlighted below are in the financial and securities law context, where Abraham is regularly instructed both for and against the Securities and Futures Commission in proceedings involving alleged breaches of provisions of the Securities and Futures Ordinance and related regulations, and where Abraham has acted as legal advisor to the Takeovers and Mergers Panel of the Securities and Futures Commission.

    Abraham also has significant experience of handling regulatory disputes and issues in the areas of telecommunications, broadcasting and media, professional conduct, land and buildings administration, professional discipline (including legal and medical professionals) and transportation (including aviation). See also Public Law and Judicial Review and Technology, Media & Telecommunications sections.

  • Kayden Ltd v Securities and Futures Commission (2010) 13 HKCFAR 696 (Court of Final Appeal). Leading case on the extent of the SFC’s ability to obtain injunctions against overseas parties. Acting for the appellant.
  • Securities and Futures Commission v Lau Chi Yuen Joseph and Anor [2023] HKCFI 1346. Disqualification proceedings against executive directors of a listed company raising issues on the circumstances in which a director may be said to have profited from his fiduciary position when the relevant funds have been transferred to third-party companies of which that director is neither a director nor shareholder.
  • Christopher James Aarons v Securities and Futures Commission SFAT 1/2021. Acting for SFC in disciplinary proceedings for breaches of the SFC Code of Conduct in relation to block trading of shares.
  • AA v Securities and Futures Commission [2019] 2 HKLRD 16. On extent of the SFC’s powers to provide compelled materials to overseas regulators. Acting for the Secretary for Justice as intervener in the public interest.
  • Securities and Futures Commission v Tsoi Bun [2014] 2 HKLRD 1. On scope of court’s power to make restorative orders under section 213(2)(b) of the Securities and Futures Ordinance. Acting for the SFC.
  • Re Sham Sze Wai Miranda SFAT 1/2015. Revocation of status of Responsible Officer under the Securities and Futures Ordinance regime.
  • Lau v Insider Dealing Tribunal (2009) 12 HKCFAR 955 (Court of Final Appeal).
  • He is a contributor to Securities & Futures Ordinance: Commentary & Annotations (Sweet & Maxwell 2016)
  • Technology, Media and Telecommunications+

    Abraham has wide experience in private and public law (including regulatory) areas involving advanced and emerging technology. He has advised and acted for technology companies such as Google and Uber, Fintech companies, and mobile network operators and regulators.

    Abraham is acting as court-appointed amicus curiae in ongoing proceedings raising novel issues on the use of civil injunctions in aid of criminal proceedings, and the balancing of national security interests with constitutional rights in respect of material hosted on major digital platforms.

  • Cheung Tak Wing v Communications Authority [2022] 1 HKLRD 457 (Court of Appeal). On the nature and scope of “announcements in the public interest” for the purposes of the statutory regime for television and radio broadcasting in Hong Kong.
  • X v Privacy Commissioner for Personal Data, AAB 15/2019. Acting for Google LLC in relation to questions on the scope and operation of the Personal Data (Privacy) Ordinance in relation to internet search operators.
  • Radio Television Hong Kong Programme Staff Union v Communications Authority [2021] 5 HKLRD 509. On broadcasting standards.
  • Hong Kong Mobile Television Network Ltd v Office of the Communications Authority [2016] 2 HKC 44. On scope of the licensing regime under the Broadcasting Ordinance (Cap 562) in relation to mobile streaming services.
  • Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development and The Communications Authority HCAL 448/2018. 5-day judicial review hearing of multi-ground challenge to spectrum assignment decision.
  • Hong Kong Telecommunications (HKT) Limited v Communications Authority CACV 144/2014, 7.8.15 (Court of Appeal); and before the Telecommunications (Competition Provisions) Appeal Board). On extent of the Telecommunications (Competition Provisions) Appeal Board’s powers over Communication Authority investigations. Complaint regarding Apple iPhone distribution arrangements.
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