Eugene Kwan
Eugene Kwan
Eugene Kwan
Call: 2020 (HK)

Education

  • PCLL, Chinese University of Hong Kong (Distinction)
  • BCL, University of Oxford
  • LLB, Chinese University of Hong Kong (First Class Honours, Top of Class)

Contact

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

Secretary

Name:Lilian Wong
Email:lilian@templechambers.com
Tel:(+852) 2248 1972

mentions

languages

Putonghua, Cantonese, English,

Practice Areas

  • Commercial
  • Company
  • Conflict of Laws
  • Injunction / Contempt
  • Civil Fraud / Asset Recovery
  • Public Law / Judicial Review
  • Professional Liability
  • Arbitration
  • Restitution / Unjust Enrichment
  • Equity / Trust
  • Property & Conveyancing
  • Probate / Succession
  • Scholarship And Prizes

  • Bar Scholarship
  • Jarvis & Kensington Prize for Trial Advocacy
  • Hong Kong Bar Association Prize for Trial Advocacy
  • HKSAR Government Scholarship
  • Hong Kong Scholarship for Excellence Scheme
  • Johnny Hon China Oxford Scholarship in Law
  • Gallant Ho Prize in Law
  • Wei Lun Foundation Scholarship
  • Jessup International Law Moot Court Competition (Hong Kong Rounds) –Champion; Best Oralist; Best Applicant and Respondent Memorials
  • Chartered Secretaries Scholarship
  • Betty Ho Prize in Law
  • Baker & McKenzie LLB Prize
  • To Yuet Lai Scholarship
  • ICC Moot Court Competition – Best Prosecution Oralist; Best Prosecution Team
  • Deacons Prize in Law for Young Leaders
  • ALSA-Herbert Smith Freehills Arbitration Moot – 1st Runner Up
  • Academic Excellence Scholarship
  • Dean’s List
  • Master’s List
  • Profile

    Eugene joined Chambers in 2020 upon completion of his pupillage with Mr. Jin Pao SC, Mr. Jonathan Chang SC, Ms. Sara Tong SC and Mr. Tony CY Li SC.

    Since joining Chambers, Eugene has developed a broad civil and commercial practice. He has been involved in cases concerning a wide range of areas, including contractual disputes, shareholders’ disputes, trust, insolvency, arbitration, construction, tax and land matters.

    Eugene has appeared in the Court of Appeal, the Court of First Instance and the District Court, both in his own right and as a led junior. He has experience conducting trials, appeals and interlocutory applications as sole advocate.

    Eugene is also routinely instructed to handle commercial arbitrations and arbitration-related court proceedings, including applications for stay in favour of arbitration and applications to set aside arbitral award.

    Prior to joining Chambers, Eugene completed his Bachelor of Laws degree at the Chinese University of Hong Kong as the top graduate of his class. He then obtained his Bachelor of Civil Law degree at the University of Oxford. He was awarded the Bar Scholarship in 2019.

    Experience

    Commercial+
  • Re Lau Wang Chi, Barry [2024] 3 HKLRD 118 – Stay of bankruptcy petition pending appeal (sole advocate)
  • Shown Wai Investment Company Ltd v Hui Yip Wing David [2024] HKCFI 1477 - 12-day trial on de facto directorship and breach of fiduciary duties (led by Sara Tong SC and with Esther Mak)
  • Tang Wai Chun v Man Cheuk Hei & Ors [2024] HKCFI 2058 – Application for security for costs against foreign personal representative (sole advocate)
  • CMB Wing Lung Bank Ltd v Lam Mat Chuen [2024] HKCFI 1956 – Mortgagee action under O.88 (sole advocate)
  • Hou Hsiao Bing v Ren Baogen [2024] HKCFI 1820 – Trial on dispute relating to an option agreement (led by Jonathan Chang SC)
  • Supreme China Securities Ltd v Ng Wing Yip & Ors [2024] HKCFI 1196 – Summary judgment application for outstanding margin loan (with Thomas Wong)
  • Shine Archit. Design Ltd v Yee Wai Fong & Ors [2024] HKDC 147 – Application to discharge an ex parte order extending the validity of a writ (sole advocate)
  • To Pui Kui, The Administratrix of the Estate of Ng Po Sum v Ng Kwok Piu [2023] 5 HKLRD 278 – Slip rule application in respect of trial costs order (sole advocate)
  • 劉互慈 v. 張永輝(張偉賢之遺產執行人)
    [2022] HKDC 768 – Application to set aside default judgment (sole advocate)
    [2023] HKCA 311 – Leave to appeal application (sole advocate)
  • Koo Ming Kown v Young Kwok Hung Clement & Ors (HCA 1619/2014) - 15-day trial in respect of claims in passing off and unlawful means conspiracy, proceedings settled at trial (led by Sara Tong SC, with Jonathan Fung)
  • Hip Hing Construction Co Ltd v Hong Kong Airlines Ltd [2022] HKCFI 622 – Summary judgment application in construction dispute (led by Jonathan Chang SC)
  • Wan Haihong & Others v Deloitte Touche Tohmatsu [2021] 4 HKLRD 770 – Strike out application based on limitation grounds (led by Victor Dawes SC)
  • Employment
  • Yu Tai Keung Tim & Wong Chun Kau v Billion Town Corporate Consultants Ltd [2022] HKCFI 2360 – Appeal against decision of Labour Tribunal in relation to payment of commission to employees (led by Jonathan Chang SC)
  • Equity / Trust
  • Lai Chik Kun Michael & Others v The Baptist Convention of Hong Kong [2022] HKCFI 728 – Whether funds held by the sponsoring body of a school were subject to charitable trust; leave to amend pleadings and to join the Secretary of Justice as parens patriae (led by Sara Tong SC)
  • Hing Hing Construction Co Ltd v Hong Kong Airlines Ltd
    [2023] 4 HKC 646 – Injunction requiring the employer to deposit retention monies into a designated bank account pending substantive hearing of OS (led by Jonathan Chang SC)
    [2024] HKCFI 370 – Whether retention monies are subject to a valid trust despite lack of segregation (led by Jonathan Chang SC)
  • Company
  • Ng Yiu Chi Eleanor v Registrar of Companies & Anor [2024] HKCFI 654 – Application under section 42 of the Companies Ordinance for removal of documents lodged with the Companies Registry
  • Wong Pui Yin Georgeanna (As the Administratrix of the Estate of Wong Cecilia Pui Luen) v Cheer Creation Ltd & Others:
    [2024] HKCA 489 – Leave to appeal and stay of execution application (led by Sara Tong SC)
    [2023] HKCFI 1663 – Application under sections 158, 159, 570 and 633 of the Companies Ordinance; whether the deceased’s shares should be registered in the name of the administratrix where the beneficial ownership of the shares is in dispute (led by Sara Tong SC)
    [2023] HKCFI 2893 – Stay of execution application (led by Sara Tong SC)
  • Shih-Hua Investment Co Ltd v Zhang Aidong & Others [2021] HKCA 81 – Whether appeal relating to a common law derivative action should be allowed to proceed notwithstanding the winding up of a company (with Justin Ho)
  • Building / Construction
  • Hang Chin Marble Engineering Ltd v Pacific Marble & Granite Ltd (HCCT 9/2019) – 5-day trial of a construction dispute (with Edward Tsui)
  • Hing Hing Construction Co Ltd v Hong Kong Airlines Ltd
    [2023] 4 HKC 646 – Injunction requiring the employer to deposit retention monies into a designated bank account pending substantive hearing of OS (led by Jonathan Chang SC)
    [2024] HKCFI 370 – Whether retention monies are subject to a valid trust despite lack of segregation (led by Jonathan Chang SC)
  • Securities & Regulation
  • Securities and Futures Commission v Chen Li Jun & Ors [2023] HKCFI 1538 – Carecraft procedure; disqualification orders against former INED of a listed company (sole advocate)
  • Securities and Futures Commission v Tsang Ching Yi & Barry Kwok Sze Lok (HCA 646/2023) – Injunction to freeze assets of suspected insider dealers of listed securities (with Queenie Lau)
  • Conflict of Laws
  • Haller AG & Anor v China Meheco Corporation & Ors:
    [2023] 1 HKLRD 39 – Proper approach to the “necessary and proper party” gateway under RHC O.11, r.1(1)(c) (led by Jonathan Chang SC and with Sik Chee-Ching)
    [2023] HKCA 213 – Application for leave to appeal to the Court of Final Appeal (led by Jonathan Chang SC and with Sik Chee-Ching)
  • Injunction / Contempt+
  • Shum Chun Tung v To Ying Lam Aileen [2024] HKDC 795 – Injunction in relation to nuisance claim (sole advocate)
  • Yield-the-Best Ltd v Zhuo Saiyun [2024] HKDC 235 – Mandatory and prohibitory injunctions in relation to an adverse possession claim (sole advocate)
  • Wayne Enterprises Holdings Inc v Newrgy Trading Ltd (HCA 1582/2022) – Proprietary injunctions and third-party disclosure orders in email fraud action (sole advocate)
  • Li Yinzhou v Cash Technology Ltd & Anor (HCA 924/2022) – Proprietary and Mareva injunctions for civil fraud action (sole advocate)
  • Shih-Hua Investment Co Ltd v Zhang Aidong & Others [2021] HKCFI 2808 – Application to enforce undertakings in damages given in support of two injunction orders (with Justin Ho)
  • Tax / Revenue
  • Panasia International Limited v Commissioner of Inland Revenue B/R 31/2020 – Whether gains arising from the disposal of a commercial building were chargeable to profits tax (led by Jonathan Chang SC)
  • Arbitration+
  • HKIAC Rules – Represented the claimant in a dispute arising from a HK$50 million loan agreement (led by Jonathan Chang SC)
  • HKIAC Rules – Represented the claimant in a dispute arising from a HK$26 million loan agreement and personal guarantee (sole advocate)
  • HKIAC Rules – Represented a syndicate of lenders against a Chinese natural gas company in a claim for outstanding principal of a USD 400 million credit facility (led by Jonathan Chang SC)
  • HKIAC Rules – Represented a Swiss company engaged in R&D of artificial intelligence against a Chinese investor for unpaid investment of CHF 1.5 million (led by Jonathan Chang SC)
  • HKIAC Rules – Represented a PRC-based medical group in an RMB 500 million contractual dispute (with Queenie Lau)
  • HKIAC Rules – Represented the claimant in a dispute arising from commercial co-operation agreement (with Danny Tang)
  • Public Law / Judicial Review
  • SUNeVision Holdings Ltd v Hong Kong Science and Technology Parks Corporation [2022] HKCA 1795 – Application for leave to appeal to the CFA (led by Benjamin Yu SC and Sara Tong SC)
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