John Leung
John Leung
John Leung
Call: 2019 (HK)

Education

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

Contact

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

Secretary

Name:Aki Lee
Email:aki@templechambers.com
Tel:(+852) 2248 1841

mentions

Practice Areas

  • Commercial
  • Public Law / Judicial Review
  • Arbitration
  • Civil Fraud / Asset Recovery
  • Tax / Revenue
  • Equity / Trust
  • Injunction / Contempt
  • Company
  • Professional Liability
  • Discrimination
  • Securities & Regulation
  • Insolvency
  • Disciplinary
  • Conflict of Laws
  • Restitution / Unjust Enrichment
  • Mental Health
  • Planning
  • Probate / Succession
  • Insurance
  • Defamation / Media
  • Technology, Media and Telecommunications
  • Appointments And Public Office

  • Judicial Assistant at the Court of Final Appeal, Hong Kong (2018)
  • Reporter for the Oxford Reports on International Law (2015 - 2019)
  • Associate Editor of the Oxford University Commonwealth Law Journal (2015)
  • Publications And Articles

  • J. Leung and S.Y. Wong, ‘Subrogation and Unjust Enrichment in the Supreme Court’ (2016) 3 LMCLQ 337
  • Scholarship And Prizes

  • Middle Temple Scholarship for Advocacy Training, London
  • The Bar Scholarship
  • Champion of the Shearman & Sterling University of Oxford Moot Competition
  • The Law Faculty Prize in International Commercial Arbitration
  • The Planethood Foundation Prize in International Criminal Law
  • The Oxford Meron Mechanism for International Criminal Tribunals (MICT) Internship Fund
  • Magdalen College Award for BCL Distinction
  • The Andrews Medal & Prize for Top of LLB Class
  • The Dean’s List, Faculty of Laws
  • The International Corporate Rescue Prize for Company Law
  • The Cheng Tien-Hsi Prize for Public International Law
  • The Hurst Prize for Best Performance in LLB Second Year
  • UCL Faculty Undergraduate Scholarship for Excellence
  • Best Performance in Tort Law
  • Honourable Mention for the Pieter Sanders Award in the Willem C Vis International Commercial Arbitration Moot
  • Finalist and Runner-up of the Cambridge University International Criminal Court Moot Competition
  • Sir Edward Youde Memorial Scholarship for Overseas Studies
  • Hong Kong University Graduates Association Education Foundation Outstanding Student Award
  • 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 BOR 4 includes a prohibition against human trafficking and imposes a duty of specific criminalization (led by Lord Pannick QC, 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)
  • 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)
  • Nick Infinger v Hong Kong Housing Authority [2020] 1 HKLRD 1188 (CFI); CACV 81/2020 (CA)
    Whether excluding same-sex couples from public rental housing is discriminatory (led by Abraham Chan SC)
  • Ng Hon Lam Edgar, Li Yik Ho v Hong Kong Housing Authority CACV 362/2021
    Whether the addition and transfer policies in respect of Home Ownership Scheme flats are discriminatory for excluding same-sex couples (led by Abraham Chan SC)
  • 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 BL 75(1) 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 enforcement of a Taiwan award 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 application to set aside under procedural fairness grounds (led by Victor Joffe QC, 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 HCCT 96/2021, [2022] 6 HKC 129; CACV 409/2022
    Infra petita challenge (led by Benjamin Yu SC, Bernard Man SC)
  • HKIAC / PA19116
    HKIAC arbitration on a complex PRC tenancy dispute (led by Eva Sit SC)
  • HKIAC / 20054
    Mounting a jurisdictional challenge in a construction arbitration dispute (led by Victor Dawes SC)
  • Advising on several refusal of enforcement and setting aside proceedings
  • Advising on issues of Hong Kong contract law for Singaporean arbitral proceedings
  • Tax / Revenue
  • Dr The Honourable Leung Ka-Lau v Commissioner of Inland Revenue [2023] HKCFA 36
    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 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)
  • Insolvency
  • 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 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 SFC SFAT 4/2022
    Review of the SFC’s determination under ss.194 and 196 SFO (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+
  • Re ZPMC-Red Box Energy Services Ltd [2021] 4 HKLRD 559
    s.729 Cap 622 statutory injunction and committal for contempt (led by Victor Joffe QC, 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)
  • Hui Chun Ping v Hui Kau Mo HCA 2653/2018; CACV 377/2022
    Amendment of pleadings and limitation issues under ss.4 and 20 of the Limitation Ordinance (led by Bernard Man SC at first instance, and Paul Shieh SC on appeal)
  • HKIAC/PA19158
    Concerning the validity of an expert determination (led by Victor Joffe KC, SC, with Justin Ho)
  • Advising on various matters including unfair prejudice petitions, shareholders disputes, derivative actions, contempt proceedings, general commercial and contractual disputes
  • Advising on email fraud claims involving asset-tracing and third-party liabilities, including applying for injunctions and disclosure orders
  • DP Properties Ltd v E Cube Club (Tsuen Wan) Ltd HCA 2003/2017 (led by Eva Sit SC)
  • Professional Liability
  • Gain Global Corporation Limited HCA 2964/2017
    Trial of a solicitors’ negligence action concerning mortgage fraud and the borrower’s loss of title deeds (led by Eugene Fung SC)
  • Disciplinary
  • 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)
  • Property & Conveyancing
  • 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) (led by Abraham Chan SC, with Lawrence Ng and Henry Cheng) [2023] 1 HKLRD 1073 (CA) (led by Abraham Chan SC, with Lawrence Ng and Henry Cheng)
  • Probate / Succession
  • 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 Ordinance
  • Re Estate of Mimi Chan HCEA 61/2022
    Ad colligenda bona application to preserve value of the estate
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