Joshua Chan    陳翱謙大律師

Call:2017 (HK)

Profile

Following completion of pupillage with Mr. Victor Dawes SC, Mr. Abraham Chan SC, Ms. Eva Sit and Mr. Tony Li, Joshua joined Chambers in 2017.

Joshua is developing a broad civil practice and accepts instructions in all areas of Chambers’ work.

Joshua has appeared as an advocate in the Court of Appeal, the Court of First Instance, the Competition Tribunal, the Market Misconduct Tribunal and the Securities and Futures Appeal Tribunal.

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Selected Cases

Banking / Finance

  • Chang v Bank of Singapore [2017] 4 HKLRD 458, appeared for the bank in appeal against mis-selling claim (led by Jat Sew-Tong SC and Victor Dawes SC)

  • Shine Grace v Citibank [2018] HKCFI 1737, appeared for the bank in 14 day mis-selling trial (led by Jat Sew-Tong SC and Victor Dawes SC)

  • Civil Fraud / Asset Recovery

  • Chung Ying Renminbi Exchange v Hu Yan [2017] 5 HKLRD 768, appeared for defendants in proceedings involving conversion and restitution claims (led by Abraham Chan SC)

  • Viva Energy Australia Pty Ltd v Hong Kong A-Run Electronic Co Ltd (HCA 1940/2018), appeared for indirect recipient in proceedings involving internet fraud claim (as sole advocate)

  • Commercial

  • Qianhai Xinhuakang Financial Holdings (Shenzhen) Limited v Chen Jiarong & Ors (HCA 377/2018), appeared for defendants in claim concerning acquisition of insurance company (led by Jat Sew-Tong SC and Victor Dawes SC)

  • Chen Hongqing v Mi Jingtian & Ors (HCMP 962/2017), appeared for Taiwanese listed company in applications for appointment and discharge of receivers over shares (led by Abraham Chan SC and with Keith Lam)

  • Convoy Global Holdings Ltd v Cho Kwai Chee Roy (HCA 2922/2017), appeared for one of the respondents in claim based on breach of directors’ duties, dishonest assistance and unlawful means conspiracy (led by Jin Pao SC)

  • Equity / Trust

  • Lo Kai Shui v HSBC International Trustee Ltd (HCA 404/2018), acting for the defendant banks in proceedings involving claim for breach of trustees’ duties (led by Charles Hollander QC and with Anthony Chan)

  • Competition

  • Competition Commission v Nutanix Hong Kong Ltd & Ors [2017] 5 HKLRD 712, appeared for one of the respondents in the first set of proceedings under the Competition Ordinance (Cap. 619) (led with Paul Shieh SC and with Eva Sit)

  • Shell Hong Kong Ltd v Meyer Aluminium Ltd (CTA 2/2018), appeared for Shell in application to widen scope of confidentiality ring in relation to a claim for breach of First Conduct Rule (with Eva Sit)

  • Employment

  • Filbert Terrence Kirk v Big Blue Resources Ltd [2019] HKCFI 285, appeared for company director/employee in appeal against decision of Labour Tribunal (as sole advocate)

  • Professional Liability

  • Excelsior Capital Asia (HK) Ltd & Anor v Zhang Hengshun & Anor (HCCL 14/2016), appeared for the plaintiffs in application to set aside leave to serve writ out of jurisdiction in relation to claim against solicitors for professional negligence (led by Abraham Chan SC)

  • Property & Conveyancing

  • HSBC v Kok Ching Wan (HCMP 6983/1999), appeared for the defendant in application to set aside charging order (as sole advocate)

  • Metro Realty Co Ltd v All Persons in Occupation of the Roof of Capitol Mansion (HCMP 1039/2018), appeared for plaintiff in summary action for possession (as sole advocate)

  • Public Law / Judicial Review

  • Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development & Communications Authority (HCAL 448/2018), appeared for respondents in judicial review proceedings concerning allocation of radio spectrum (led by Abraham Chan SC and with Harrison Miao)

  • Interush Ltd v Commissioner of Police [2019] HKCA 70, appeared for applicant in judicial review proceedings concerning constitutionality of provisions under the Organized and Serious Crimes Ordinance (Cap. 455) relating to money laundering (led by Abraham Chan SC)

  • Ng Shek Wai v Hong Kong Institute of Certified Public Accountants (HCAL 81/2016), appeared for respondent in application to withdraw interrogatories (as sole advocate)

  • Mental Health

  • Acted on behalf of applicant in proceedings under Part II of the Mental Health Ordinance (led by Ambrose Ho SC and Victor Dawes SC and with James Man)

  • Securities & Regulation

  • Standard Chartered Securities v SFC (SFAT Nos. 1, 2 and 4 of 2018), appeared for SFC in appeal against decision to take disciplinary action against sponsors and sponsor principals for failure to conduct proper due diligence in IPO (led by Jat Sew-Tong SC and Bernard Man SC and with Julian Lam)

  • Re Magic Holdings International Ltd, appeared for specified persons in proceedings concerning breach of the disclosure requirements under ss.307B and 307G of the Securities and Futures Ordinance (Cap. 571) (led by Victor Dawes SC)

  • Re Luxey International (Holdings) Ltd (HCMP 239/2019), acting for SFC in proceedings under s.214 of the Securities and Futures Ordinance (Cap. 571) (led by Abraham Chan SC)

  • Re Listing Application of Anchor Star Holdings Ltd, drafted written submissions on behalf of the listing applicant in application for review of decision to reject listing application (led by Rimsky Yuen SC)

  • Practice Areas

  • Banking / Finance
  • Civil Fraud / Asset Recovery
  • Commercial
  • Equity / Trust
  • Competition
  • Employment
  • Professional Liability
  • Property & Conveyancing
  • Public Law / Judicial Review
  • Mental Health
  • Securities & Regulation
  • Education

    2016

    Bachelor of Civil Law, University of Oxford

    2015

    PCLL, University of Hong Kong

    2014

    LLB, University of Hong Kong (First Class Honours)

    Scholarship And Prizes

    2016

    Bar Scholarship

    2015

    Chevening Scholarship

    2015

    Hong Kong Scholarship for Excellence Scheme – Postgraduate Scholarship

    2014

    HK Law Society and Bloomsbury Joint Book Prize for Academic Merit

    2014

    Temple Chambers Pupillage Award

    2014

    HK Haldanes Criminal Law Moot: Winner and Best Speaker

    2012

    Dean’s Honours List

    2012

    Intl Committee of the Red Cross Intl Humanitarian Law Moot: Winner

    2011

    Dean’s Honours List

    2011

    HK Joint University Moot: Winner and Best Mooter

    2011

    F. Zimmern & Co. Subject Prize in Legal System

    languages

    English, Cantonese, Mandarin

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