Profile
John joined Chambers in 2019 following completion of pupillage with Mr Abraham Chan SC, Mr Jin Pao SC, Mr Laurence Li SC, and Mr Tony Li SC.
Before being called to the Hong Kong Bar, John was a Judicial Assistant at the Court of Final Appeal where he provided assistance to the judges in substantive appeals, leave applications, and various publications.
John also worked as an intern at the Office of the President in the United Nations International Residual Mechanism for Criminal Tribunals in The Hague, where he assisted in the cases of both the Mechanism and the International Criminal Tribunal for the Former Yugoslavia.
John completed his Bachelor of Laws degree at University College London as the top graduate of his class. He then obtained his postgraduate Bachelor of Civil Law degree at the University of Oxford with distinction.
John is developing a broad civil practice and has been instructed in cases relating to judicial review/human rights, civil fraud, arbitrations, injunctions, securities and regulation, and disciplinary proceedings. He has appeared before the Court of First Instance, the Court of Appeal and the Court of Final Appeal. He accepts instructions in all areas of Chambers’ work.
Experience
Public Law / Judicial Review ZN v Secretary for Justice (2020) 23 HKCFAR 15
Whether Article 4 of the Bill of Rights includes a prohibition against human trafficking and imposes a duty of specific criminalization (led by Lord Pannick KC, Stewart Wong SC, and Jin Pao SC)Leung Kwok Hung v Commissioner of Correctional Services (2020) 23 HKCFAR 456
Whether gender-based appearance codes in prison are discriminatory (led by Stewart Wong SC and Jin Pao SC)Nick Infinger v Hong Kong Housing Authority [2024] HKCFA 29; [2024] 1 HKC 411 (CA); [2020] 1 HKLRD 1188 (CFI)
Whether excluding same-sex couples from public rental housing is discriminatory (led by Monica Carss-Frisk KC, Abraham Chan SC)Ng Hon Lam Edgar, Li Yik Ho v Hong Kong Housing Authority [2024] HKCFA 29; [2024] 1 HKC 411 (CA)
Whether the addition and transfer policies in respect of Home Ownership Scheme flats are discriminatory for excluding same-sex couples (led by Monica Carss-Frisk KC, Abraham Chan SC)Chan Ka Lam v The Country and Marine Parks Authority (2020) 23 HKCFAR 41
Statutory interpretation and the duty to consult under s.5(1)(b) of the Country Parks Ordinance (led by Abraham Chan SC, with Keith Lam)Sime Darby Motor Services Ltd v Director of Lands FACV 10/2024 (pending appeal)
Whether the Government’s decision to reject an in-situ land exchange application is amenable to judicial review (led by Jin Pao SC, with Justin Lam) Siti Khotimah & Reza Sahin v Director of Immigration [2022] 2 HKLRD 54
Jurisdiction of the CFI to make restricted proceedings order restricting appeals (led by Abraham Chan SC; appearing as amicus curiae)Royal Billion Investment Limited v Town Planning Board HCAL 1916/2018
Concerning the Town Planning Board’s determination of a re-zoning application under s.12A of the Town Planning Ordinance (led by Yvonne Cheng SC)Junior Police Officers’ Association of the Hong Kong Police Force and Anor v Electoral Affairs Commission, Chief Electoral Officer and Electoral Registration Officer HCAL 3042/2019; [2020] 3 HKLRD 39 (CA)
Whether the public disclosure of electors’ linked names and addresses is a breach of privacy (led by Abraham Chan SC, with Tony Ko)Kwok Cheuk Kin and Leung Kwok Hung v President of the Legislative Council for and on behalf of the Legislative Council HCAL 1094 and 1120/2017
Whether the quorum requirement in Article 75(1) of the Basic Law is applicable to a meeting of a committee of the whole Council (led by Benjamin Yu SC, Abraham Chan SC, with Danny Tang)Advising in a judicial review concerning the use of letters of no consent under s.25A of the Organized and Serious Crimes Ordinance (led by Abraham Chan SC, with Timothy Parker) Arbitration X v Y [2021] 2 HKC 68
Resisting the enforcement of a USD194m Taiwan award against an international private bank on jurisdictional and procedural fairness grounds (led by Bernard Man SC, with Justin Ho)Z v R HCCT 11/2021
Defending an award in a s.81 AO setting aside application made under procedural fairness grounds (led by Victor Joffe KC, with Justin Ho)HCCT 42/2019
Acting against a sovereign state in a s.34 AO review of an investor-State jurisdictional award involving the interpretation of a bilateral investment treaty under public international law (led by Paul Shieh SC)LY v HW [2022] 6 HKC 129; CACV 409/2022
Application to set aside an award on grounds of infra petita (led by Benjamin Yu SC, Bernard Man SC)HKIAC arbitration
Acting against a state-owned enterprise in a heavy shareholder dispute concerning the listing of a maritime company at a Nordic stock exchange (led by Luke Parsons KC)HKIAC arbitration
Acting for a joint venture shareholder to uphold the validity of an expert valuer’s determination (led by Victor Joffe SC, with Justin Ho)HKIAC arbitration
Joint venture dispute involving unfair prejudice claims under BVI law and compensatory claims of over USD100m (led by John Passmore KC)L v R HCCT 18/2024
Defending an award in a s.81 AO setting aside application made under infra petita and procedural fairness grounds (led by Bernard Man SC)HKIAC arbitration
HKIAC arbitration on a complex PRC tenancy dispute (led by Eva Sit SC)HKIAC arbitration
Mounting a jurisdictional challenge in a construction arbitration dispute (led by Victor Dawes SC)Advising on several refusal of enforcement and setting aside proceedingsAdvising on issues of Hong Kong contract law for Singaporean arbitral proceedings Dr The Honourable Leung Ka-Lau v Commissioner of Inland Revenue (2023) 26 HKCFAR 539
Whether a payment made to an employee to compensate for the loss of his contractual entitlements to rest days and holidays as a result of being required by his employer to work on those days is “income from employment” under s.8 IRO (led by Eugene Fung SC)Koo Ming Kown, Murakami Tadao v Commissioner of Inland Revenue [2022] 25 HKCFAR 233
Liability of corporate officers for additional tax assessment for signing on corporate taxpayer’s incorrect returns under s.82A(1)(a) IRO (led by Eugene Fung SC; appearing as amicus curiae)China Mobile Hong Kong Company Limited v Commissioner of Inland Revenue [2022] 5 HKLRD 666 (CA)
Whether lump sum “spectrum utilisation fees” paid upfront by the taxpayer to the Telecommunications Authority is capital or revenue expenditure for the purpose of s.17(1)(c) IRO (led by Kevin Prosser KC and Eugene Fung SC)B/R 8/22 – one-week hearing at the Board of Review on whether annual payments under a major railway concession agreement are capital or revenue expenditure for the purpose of s.17(1)(c) IRO (led by Kevin Prosser KC and Eugene Fung SC) Hsin Chong Construction Company Ltd (In Liquidation) v Build King Construction Limited (2021) 24 HKCFAR 98
Concerning validation under s.182 of Cap 32 (led by Charles Manzoni SC) Hsin Chong Construction Company Ltd (In Provisional Liquidation) v Build King Construction Limited [2020] 1 HKLRD 316 (CA)
On the anti-deprivation principle, the pari passu principle, and the scope of s.182 C(WUMP)O (led by Linda Chan SC)Re ZPMC-Red Box Energy Services Ltd HCCW 368/2021
Resisting a winding-up petition involving issues of subrogation and collateral purposes (led by Victor Joffe SC, with Justin Ho) Re ZPMC-Red Box Energy Services Ltd (Companies Winding-up: additional evidence) [2022] 3 HKLRD 4
Applicable principles for filing additional evidence in winding-up proceedings (led by Victor Joffe) Securities & Regulation Choi Chi Kin, Calvin v Securities and Futures Commission SFAT 4/2022
Acting for the SFC in an application for review of the SFC’s disciplinary decision regarding an investment banker’s conflicts of interest and breaches of the SFC Code of Conduct (led by Laurence Li SC)Advising on suitability for listing (led by Laurence Li SC)Advising on application to vary SFC restriction notices (led by Laurence Li SC)Advising on classification as collective investment schemes (led by Laurence Li SC)Advising on securities margin financing (led by Laurence Li SC)Advising on a judicial review application against the HKEX’s decision to suspend trading of a listed issuer’s shares and commence delisting procedure (led by Laurence Li SC)Andrew Edward Left v Securities and Futures Commission (2020) 23 HKCFAR 280 (led by Laurence Li SC) Commercial Hui Chun Ping v Hui Kau Mo [2024] HKCFA 32; [2024] 2 HKLRD 178 (CA); HCA 2653/2018
Whether limitation periods are applicable to claims against fiduciaries in respect of their acquisition of unauthorised profits from third parties; s.20 Limitation Ordinance (led by Bernard Man SC at first instance, and Paul Shieh SC on appeal)Re ZPMC-Red Box Energy Services Ltd [2021] 4 HKLRD 559
Discharged a s.729 Cap 622 statutory injunction and an application for committal (led by Victor Joffe KC, with Justin Ho)China Shanshui Cement Group Limited & Ors v Zhang Caikui & Ors HCA 2880/2015
Trial reserved for 41 days concerning breach of directors’ duties and unlawful means conspiracy (led by Raymond Leung SC) Advising on disputes within a professional unincorporated association (led by Mike Lui SC)DP Properties Ltd v E Cube Club (Tsuen Wan) Ltd HCA 2003/2017 (led by Eva Sit SC) Gain Global Corp Ltd v Fongs (a firm) [2024] 2 HKLRD 399
Trial of a solicitors’ negligence action concerning mortgage fraud and the borrower’s loss of title deeds (led by Eugene Fung SC) Re An alleged mentally incapacitated person WSY [2024] HKCFI 2713
Acting for the Committee of a mentally incapacitated person (MIP) in opposition to a relative’s application directing the Committee to sell assets of the MIP to himself (led by Eugene Fung SC, and by Jin Pao SC at the hearing) Acted for an insurer in disciplinary proceedings before the Insurance Agents Registration Board, Cases No. C17/806/JC & C17/1184/JC on issues of apparent authority and natural justice (led by Jin Pao SC) Centre Chase Investment Ltd中紀投資有限公司 v International Industrial Building, Castle Peak Road (IO)青山道國際工業大廈業主立案法團
[2021] 5 HKLRD 457 (CA); [2023] 1 HKLRD 1073 (CA); [2024] HKCA 1179 (led by Abraham Chan SC, with Lawrence Ng and Henry Cheng) Chan Kam Shing Alexander v Chan Tin Yau [2023] HKCFI 1092
Propounding will in solemn form, and removal of executor under s.33 of the Probate and Administration OrdinanceRe Estate of Mimi Chan HCEA 61/2022
Ad colligenda bona application to preserve value of the estate