Picture of  John Cheung

John Cheung    張天風大律師

Call: 2021 (HK)

Profile

John joined Chambers after completing his pupillage with Mr Abraham Chan SC, Mr Tony Li SC, Mr Anthony Chan SC and Mr Keith Lam. He is developing a broad civil practice, and has been involved in commercial, company, property and regulatory disputes. John also has experience in public law and judicial review matters.

Prior to joining Chambers, John graduated with a First Class degree in Law from the University of Oxford. He went on to obtain his postgraduate BCL degree at Oxford with Distinction.

John was awarded the Bar Scholarship in 2020.

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Selected Cases

Commercial

  • Zhongshouyou Brothers Limited v Bear Stearns Companies & Weiser Global Capital Markets Limited HCCT 85/2021, proprietary injunction in aid of arbitration and Bankers Trust order (led by Victor Dawes SC, with Anthony Chan)

  • Chan Suk Ying v Lee Wai Ling Celine & Ors (HCA 568/2021), ongoing dispute regarding the beneficial ownership of shares in a company raising issues involving tracing, limitation and unjust enrichment; application to strike out and to set aside an extension of validity of writ (led by Richard Khaw SC, with James Man)

  • Wu Ming Fat Simon v Chen Fanlin & Ors [2022] HKCFI 3250, strike-out application concerning the tort of conspiracy, SFC’s Code of Conduct, promissory estoppel and the plaintiff’s locus (with Anthony Chan)

  • Real Estate and Finance Fund (In Liquidation) and Worldwide Opportunities Fund SPC (In Liquidation) v Sun Cheuk Pak Lan & Ors, ongoing dispute concerning an alleged large-scale fraudulent conspiracy (led by Abraham Chan SC, with Jonathan Ng)

  • Joint and Several Trustees in Bankruptcy of the Property of Pao Wai Kwan v Pao Wai Man (HCA 2093/2020), ongoing dispute regarding implied agency and the right of indemnity (with Justin Ho)

  • OCI Capital Ltd v Lanhai International Trading Ltd [2023] HKCFI 1804, breach of an alleged oral agreement to purchase shares; late amendment of pleadings and VCF applications (sole advocate)

  • Company

  • Ma King Huen v The Sincere Company Ltd (HCA 1746/2021), ongoing dispute concerning unpaid director’s fees, wages and other emoluments; construction of articles of association; estoppel by convention (led by Anthony Chan SC)

  • Re Cobo Asia Ltd (HCMP 362/2021, HCA 835/2022, HCA 87/2022, HCA 908/2022, HCA 1524/2022), ongoing proceedings concerning unfair prejudice, breach of fiduciary duties, breach of shareholders’ agreement, breach of restrictive covenants, and breach of employment contract (with Martin Ho)

  • Re T&L Securities Ltd

    • [2022] HKCFI 3080, application for inspection of company documents under s.740 of the Companies Ordinance (Cap 622) (with Keith Lam)
    • [2023] HKCFI 315, application for stay of execution pending appeal (with Keith Lam)

  • Re Dongguan Dong Hing (Second) Transportation Ltd (HCMP 762/2023); Re Tong Kiu Traffic Services Ltd (HCMP 988/2023), unfair prejudice proceedings concerning alleged misuse of company funds and concealment of information

  • Property & Conveyancing

  • The Dairy Farm Company Ltd v Secretary for Justice [2022] HKCA 1902, appeal raising issues concerning the construction of a land grant, right of way, derogation of grant and laches (led by Benjamin Yu SC and Abraham Chan SC)

  • Sky Globe Holding Ltd v Hung Lee Estates Ltd [2023] HKCFI 1995, conveyancing dispute concerning the duty to show and give title; whether fire safety directions constitute blot on the title; failure to comply with building orders and produce certified copies of title documents (led by Victor Dawes SC)

  • SPM Ltd v Building Authority [2023] 2 HKLRD 531 (CA), appeal concerning the construction of the DMC and whether external walls are common parts (led by Abraham Chan SC)

  • Marspan Ltd v Margaret Chiu & Ors

    • [2023] HKCFI 241, interim injunction in the context of O.113 possession proceedings (led by Laurence Li SC)
    • [2023] HKCFI 1238, substantive hearing of the interim injunction application (led by Laurence Li SC)

  • Wharf Reality Limited v Abebi Limited and AGB Legend Limited [2022] HKCFI 2036, landlord and tenant dispute raising issues of COVID-19 frustration, rent abatement, quiet enjoyment and derogation from grant (led by Bernard Man SC)

  • Hong Kong Science and Technology Parks Corporation v Dragon Electric Motor Co Ltd (HCA 1265/2021), acting for a landlord in a lease dispute; construction of lease (led by Eva Sit SC)

  • Daily View Investment Limited & Stead On Investment Limited v Bonjour Cosmetic Wholesale Centre Limited HCA 988/2021, landlord and tenant dispute concerning rent abatement and COVID-19 frustration (sole advocate)

  • Huge Natural Ltd v Singh, Gurdev Brar LDPE 1065/2022, landlord and tenant dispute raising issues concerning tenancy assignment, estoppel and waiver (sole advocate)

  • Public Law / Judicial Review

  • Kwok Cheuk Kin v Secretary for Health [2022] 5 HKLRD 348; [2022] 6 HKC 831, appeared on behalf of the Secretary for Health in an urgent judicial review on the legality of the Secretary’s decision to invalidate around 20,000 medical exemption certificates under the Government’s vaccine pass regime in the context of the Covid-19 pandemic (led by Abraham Chan SC)

  • MK v Director of Legal Aid:

    • [2023] 1 HKLRD 895 (CA); [2023] 2 HKC 130, appeared on behalf of the Director of Legal Aid in an appeal concerning whether and the extent to which the statutory regime governing legal aid abrogates legal professional privilege (led by Abraham Chan SC)
    • [2023] HKCA 494, submissions on costs (sole counsel)
    • [2023] HKCA 495, leave to appeal to the Court of Final Appeal before Court of Appeal (led by Abraham Chan SC)
    • [2023] HKCFA 17, leave to appeal to the Court of Final Appeal before Appeal Committee (led by Abraham Chan SC)
    • [2023] HKCFA 22, security for costs (led by Abraham Chan SC)

  • Cheung Tak Wing v Communications Authority [2022] 1 HKLRD 457 (CA), an appeal concerning the freedom of expression and the right to equality in the context of the Government’s reform proposals on universal suffrage (led by Abraham Chan SC)

  • Fung Ping Sum Connie v Appeal Panel (Estate Agents Ordinance)

    • [2022] 1 HKLRD 850; [2022] 2 HKC 656, judicial review proceedings concerning statutory interpretation, the right to property under Art.105 of the Basic Law and proportionality (led by Abraham Chan SC);
    • [2022] 1 HKLRD 1435, application to vary the costs order nisi on “public interest litigation” grounds (led by Abraham Chan SC)

  • Cheung Tat Ming Eric v The Council of the Law Society of Hong Kong HCAL 529/2022, appeared in leave and substantive hearing; issues of apparent bias and procedural fairness in the disciplinary context (led by Abraham Chan SC, judgment pending)

  • Securities & Regulation

  • Re Leung Yuk Kit (SFAT 4/2021), review proceedings raising issues concerning the proper scope and legality of the restriction notices regime, and its relationship with s.213 injunctions (led by Charles Manzoni SC)

  • Disciplinary

  • Estate Agents Authority v Centaline Property Agency Ltd (IH Appeal Nos 21/22 & 22/22), appeal hearing raising issues concerning statutory interpretation and corporate liability (led by Abraham Chan SC)

  • Dr Leung Ka Lau v The Medical Council of Hong Kong CACV 63/2023, ongoing appeal to the Court of Appeal involving medical advertising and the freedom of expression (led by Abraham Chan SC)

  • Probate / Succession

  • Advised on the validity of a will concerning a multi-billion estate (led by Victor Dawes SC)

  • Tax / Revenue

  • Advised a company on issues concerning the source of its income and apportionment of profits under s.14 of the Inland Revenue Ordinance (Cap 112) (led by Eugene Fung SC)

  • Insurance

  • Advised on the scope and construction of a Professional Indemnity Insurance Policy and a Management Liability Insurance Policy (sole counsel)

  • Contact

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

    Secretary

    Name:Bertha Li
    Tel:(+852) 2248 1958

    Practice Areas

  • Banking / Finance
  • Commercial
  • Competition
  • Civil Fraud / Asset Recovery
  • Company
  • Confidentiality / Privacy
  • Disciplinary
  • Discrimination
  • Equity / Trust
  • Employment
  • Injunction / Contempt
  • Insolvency
  • Insurance
  • Mental Health
  • Planning
  • Probate / Succession
  • Professional Liability
  • Property & Conveyancing
  • Public Law / Judicial Review
  • Restitution / Unjust Enrichment
  • Securities & Regulation
  • Tax / Revenue
  • Technology, Media and Telecommunications
  • Education

    2018

    BA in Jurisprudence, University of Oxford (First Class Honours)

    2019

    BCL, University of Oxford (Distinction)

    2020

    PCLL, The Chinese University of Hong Kong (Distinction)

    Publications And Articles

  • ‘Balancing Fundamental Rights in Private Law through the Double Proportionality Test’ (2020) 28(2) Nott LJ 52

  • ‘Defective Premises: Rethinking Murphy v Brentwood’ (2017) 1 Oxford University Undergraduate Law Journal 13

  • Scholarship And Prizes

    2020

    Bar Scholarship

    2020

    Dean’s Letter of Distinction for PCLL

    2019

    Sir Oswald Cheung Memorial Fund PCLL Scholarship for the best PCLL student who intends to practise at the Bar

    2019

    HKSAR Government Scholarship

    2019

    Prize for performance in BCL exams awarded by Jesus College, Oxford

    2018

    Prize for performance in Finals awarded by Jesus College, Oxford

    2018

    BCL Scholarship awarded jointly by the Law Faculty and Jesus College, Oxford

    2018

    PCLL Scholarship

    2017

    S R Welson Prize (Second Year Law Prize) awarded by Jesus College, Oxford

    2017

    Collection Prize for performance in mock exams awarded by Jesus College, Oxford

    2017

    Open Scholarship awarded by Jesus College, Oxford

    2016

    Old Members’ Exhibition awarded by Jesus College, Oxford

    2016

    Edwyn Charles Hart Prize (First Year Law Prize) awarded by Jesus College, Oxford

    2014

    Lord Walker Prize for Essays in Law (2nd place) awarded by Trinity College, Cambridge

    languages

    English and Chinese

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