Jin Pao SC
Jin Pao SC
Jin Pao SC
“He's a heavy hitter who is very intelligent, very bright and a clear advocate. He's got enormous trust from the Bench and is extremely effective.” - Chambers Global 2023

Call: 2002 (HK)
Inner Bar: 2018

Education

  • LLM, Harvard Law School, Cambridge MA, USA (Distinction in Constitutional Law)
  • PCLL, University of Hong Kong (Distinction)
  • LLB, University of Hong Kong (First Honours)

Contact

Email:jinpao@templechambers.com
Tel:(+852) 2523 2003
Fax:(+852) 2810 0302

Secretary

Name:Yvonne Yim
Tel:(+852) 2248 1881

mentions

Practice Areas

  • Public Law / Judicial Review
  • Commercial
  • Injunction / Contempt
  • Conflict of Laws
  • Banking / Finance
  • Securities & Regulation
  • Mental Health
  • Tax / Revenue
  • Arbitration
  • Competition
  • Insurance
  • Professional Liability
  • Insolvency
  • Rating & Valuation
  • Defamation / Media
  • Restitution / Unjust Enrichment
  • Civil Fraud / Asset Recovery
  • Disciplinary
  • Planning
  • Equity / Trust
  • Company
  • Appointments And Public Office

  • 2003-2005; 2014-present: Lecturer, University of Hong Kong, Faculty of Law
  • 2015-present: Member, Election Nomination Advisory Committee
  • 2020-2021: Deputy High Court Judge of the Court of First Instance
  • 2021-present: Recorder of the Court of First Instance
  • Scholarship And Prizes

  • Jin was awarded with 21 scholarships and prizes in law school including the Bar Scholarship, the Sir Edward Youde Memorial Fellowship for Overseas Studies and the Harvard Law School Gammon Fellowship, each awarded in 2001. An active debater and moot court participant, Jin was twice ranked in the top eight individual speakers at the Jessup International Rounds held in Washington D.C. and a member of the Harvard Law School team in 2002 which won the US National Championship and the Richard Baxter Award for World Champion Memorial (Respondent).
  • Profile

    Jin is recognised in Chambers and Partners 2021 as a “practical, meticulous and user-friendly” and praised for his “perfect advocacy skills”. He actively accepts instructions in a broad spectrum of civil commercial matters, where he has a particular interest in cases with international dimensions. He also has significant experience in constitutional and administrative law, human rights and judicial review cases generally. Jin has also been instructed as an expert witness on Hong Kong law in proceedings in the BVI, Canada and the United States.

    Experience

    Public Law / Judicial Review+
  • Leung Ka Lau v Medical Council of Hong Kong [2021] HKCFI 2914 (constitutional challenge against Code of Professional Conduct for Guidance of Medical Practitioners)
  • China Trends Holdings Ltd v Stock Exchange of Hong Kong [2021] 3 HKLRD 554 (judicial review challenge against Stock Exchange delisting decision)
  • Ng Hon Lam Edgar v Hong Kong Housing Authority [2021] 3 HKLRD 427 (judicial review challenge against HA’s policy to exclude same-sex married couples under Home Ownership Scheme)
  • Kwok Cheuk Kin v Director of Lands [2021] 1 HKLRD 737 (constitutional challenge against the Small House Policy; led by Lord Pannick QC & Jat Sew-tong SC)
  • Leung Kwok Hung v Commissioner of Correctional Services (2020) 23 HKCFAR 456 (sex discrimination challenge against requirement for male prisoners to have hair cut short)
  • Ng Hon Lam Edgar v Secretary for Justice [2020] 4 HKLRD 908 (judicial review challenge against provisions in the Intestate’s Estates Ordinance (Cap 73) excluding same-sex married couples from statutory scheme of distribution)
  • ZN v Secretary for Justice (2020) 23 HKCFAR 15 (scope of Government’s obligations to protect victims of human trafficking for forced labour under Article 4 of the Bill of Rights).
  • Kwok Cheuk Kin v. Secretary for Constitutional and Mainland Affairs (2017) 20 HKCFAR 353 (constitutionality of provisions restricting LegCo members’ right to stand for election after voluntary resignation).
  • HKTV v. Chief Executive in Council [2016] 2 HKLRD 1005; [2015] 3 HKC 326 (judicial review of refusal to grant free television licence).
  • A v. SFC [2015] 1 HKLRD 47 (stay of disciplinary proceedings pending criminal trial)
  • Leung Kwok Hung v. The President of LegCo (2014) 17 HKCFAR 841 (the power of the court to intervene in legislative affairs under theseparation of powers doctrine).
  • Re Ho Chun Yan Albert (2013) 16 HKCFAR 735 (election petition and judicial review challenging the validity of the 2012 Chief Executive Election).
  • Leung Kwok Hung v. The President of LegCo [2007] 1 HKLRD 387 (the power of LegCo members to propose CSA’s with a charging effect).
  • Cheng Kar Shun v. Hon. Li Fung Ying [2009] 4 HKC 204 (the power of a Select Committee to summons a witness to testify before LegCo under the Basic Law).
  • Liu Pik Han v. HK Federation of Insurers Appeals Tribunal [2005] 3 HKC 242 (the right to an oral hearing before the IARB).
  • Society for Protection of the Harbour v. Town Planning Board (2004) 4 HKCFAR 1 (harbor reclamation and the Protection of the Harbour Ordinance).
  • Commercial+
  • Bank of Communications Trustee Ltd v China Energy Reserve and Chemicals Group Overseas Co Ltd [2021] HKCFI 486 (successfully obtained summary judgment for HK$2 billion+ arising from a bond default, and opposed attempt at stay of execution).
  • 1955 Capital Fund 1 GP LLC v Global Industrial Investment Ltd [2020] HKCFI 956 (setting aside order granting leave to enforce an overseas arbitral award)
  • Akbank TAS v Mainford Ltd [2020] HKCFI 396 (trial of asset recovery action instituted by a Turkish bank against recipient of fraudulent transfer of funds)
  • Power Securities Co Ltd v Sin Kwok Lam [2019] HKCFI 2920 (striking out a claim on the grounds of violating the reflective loss principle and abuse of process)
  • Hyundai Engineering & Construction Co. Ltd. v. UBAF (Hong Kong) Ltd. [2012] 5 HKLRD 620 (validity of a demand made under an advance payment guarantee).
  • Injunction / Contempt
  • Hammer Capital Private Investments v ICBC (Asia) [2018] HKCFI 2603 (injunction restraining receivers from proceeding with intended public auction of mortgaged properties).
  • Times Square Ltd v Lee Kwun Kit [2018] 5 HKLRD 248 (injunction restraining busking and street performances in open area of a shopping mall).
  • Grupo Arbulu SL v City Apex Holdings Ltd [2018] HKCFI 1351 (injunction in Hong Kong against recipient of proceeds transferred as a result of fraud).
  • Occupy Central Injunctions [2014] 6 HKC 298 (injunctions for public nuisance and enforcement).
  • Conflict of Laws
  • GH Property Holdings Ltd v Able Profit Investment Ltd [2018] HKCFI 2480 (foreign illegality).
  • Peregine Fixed Income Ltd. v. JP Morgan Chase Bank [2005] 2 HKC 374 (forum non conveniens).
  • Xinjiang Xingmei Oil Pipeline v. Sinopec [2005] 2 HKC 292 (forum non conveniens).
  • Banking / Finance
  • Shine Grace Investment Ltd v Citibank NA [2018] HKCFI 1737 (dispute over selling of equity accumulators).
  • Property & Conveyancing
  • Sino Channel Holdings Ltd v Vast Faith Investment Ltd [2020] 2 HKLRD 1286 (proper construction of “exterior walls” under a DMC of a multi-storey building)
  • Securities & Regulation
  • Market Misconduct Tribunal Proceedings in relation to dealings in shares of CITIC Limited (7 April 2017)
  • Mental Health
  • C v B [2018] 2 HKLRD 1105 (appointment of Part II committee)
  • Tax / Revenue
  • Kim Eng Securities Ltd. v. Commissioner of Inland Revenue (2007) 10 HKCFAR 213 (source of profits under the Inland Revenue Ordinance).
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