Joshua  Chan
Joshua Chan
Joshua Chan
Call: 2017 (HK)

Education

  • Bachelor of Civil Law, University of Oxford
  • PCLL, University of Hong Kong
  • LLB, University of Hong Kong (First Class Honours)

Contact

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

Secretary

Name:Karlie Li
Email:karlie@templechambers.com
Tel:(+852) 2248 1961

mentions

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
  • Scholarship And Prizes

  • Bar Scholarship
  • Chevening Scholarship
  • Hong Kong Scholarship for Excellence Scheme – Postgraduate Scholarship
  • Profile

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

    Joshua has a broad civil practice, with particular experience in the areas of banking and finance, commercial dispute resolution, competition law, public law and judicial review, and securities and regulation. He accepts instructions in all areas of Chambers’ work.

    Joshua has been featured as a rising star in the Legal 500 (2023) in the areas of competition law and administrative and public law. He has been described as an “incredibly intelligent and a hard working, dedicated junior”.

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

    Experience

    Arbitration
  • Chen Hongqing v Mi Jingtian [2021] HKCFI 648
    Dismissal of proceedings and undertakings given in aid of arbitration. Led by Abraham Chan SC.
  • Appeared for claimant in HKIAC arbitration involving breach of contract and breach of common law duty claims. As sole advocate.
  • Banking / Finance
  • Chang v Bank of Singapore [2017] 4 HKLRD 458
    Appeal in mis-selling case involving consideration of principles applicable to the Control of Exemption Clauses Ordinance (Cap. 71) and the Unconscionable Contracts Ordinance (Cap. 458). Led by Jat Sew-Tong SC and Victor Dawes SC.
  • Shine Grace v Citibank [2018] HKCFI 1737, [2022] HKCA 1341
    Mis-selling claim involving equity accumulators. 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
    Application to strike out conversion and restitution claims. Led by Abraham Chan SC.
  • Charity
  • Secretary for Justice v Wong Tak Wai [2022] HKCFI 3255
    Application for settlement of charitable scheme. Consideration of principles guiding the exercise of the court’s equitable jurisdiction. Led by Benjamin Yu SC and Sara Tong SC.
  • Commercial+
  • Totalcorp (Nominees) Ltd v Hong Kong Sai Kung Ngong Wo Resort Development Ltd [2022] HKCFA 28
    Appeal concerning Money Lenders Ordinance (Cap. 163) s.24 and common law illegality defence. Led by Victor Dawes SC.
  • Bank of Communications Trustee Ltd v China Energy Reserve and Chemicals Overseas Co Ltd [2022] HKCFI 795
    Application for garnishee order. Consideration of principles relating to the Quistclose trusts and resulting trusts in the context of intra-group funds transfers. Led by Victor Dawes SC.
  • China Medical Technologies Inc v Bank of China (Hong Kong) Ltd [2021] HKCFI 3042
    Application to strike out claims by liquidators against bank for fraudulent trading, dishonest assistance, knowing receipt and restitution. Led by Jat Sew-Tong SC and with Julian Lam.
  • Hing Yip Holdings (Hong Kong) Ltd v Cellmark China Ltd [2021] HKCFI 1396
    Claims by liquidators against metals trading company for dishonest assistance, knowing receipt and restitution. Led by Benjamin Yu SC and Eva Sit SC.
  • Lo Kai Shui v HSBC International Trustee Ltd [2021] HKCFI 1539
    Application to strike out claims against bank on the ground of abuse of process and re-litigation. Led by Eugene Fung SC.
  • Qianhai Xinhuakang Financial Holdings (Shenzhen) Limited v Chen Jiarong [2020] 2 HKLRD 1320
    Consideration of principles applicable to amendments to pleadings introducing new causes of action which did not exist at time of writ. Led by Abraham Chan SC.
  • Hongkong and Shanghai Banking Corp Ltd v Tai Yue For [2020] 1 HKLRD 178
    Application to discharge charging order on grounds of material non-disclosure. Consideration of principles concerning limitation period for applications for charging orders and acknowledgements of debt. As sole advocate.
  • FWD Life Insurance Co (Bermuda) Ltd v Poon Cindy [2019] 3 HKLRD 455
    Appeal against insurance company’s contractual claim for repayment of bonus. Consideration of principles relating to implied term not to exercise discretion in capricious or arbitrary manner. Led by Victor Dawes SC.
  • Chen Hongqing v Mi Jingtian [2018] HKCFI 1169
    Application for discharge of receivers on the grounds of change of circumstances and misleading of the court. Led by Abraham Chan SC.
  • Competition+
  • Competition Commission v ATAL Building Services Engineering Ltd [2022] 4 HKLRD 425
    Consideration of principles concerning redaction of confidential information in originating documents. Led by Abraham Chan SC.
  • Taching Petroleum Ltd v Meyer Aluminium Ltd [2021] HKCFI 3028 [2021] HKCT 2
    Counterclaim against defendant for compensation for losses arising from breach of the Competition Ordinance (Cap. 619). Led by Eva Sit SC.
  • Taching Petroleum Co Ltd v Meyer Aluminum Ltd [2021] HKCA 294
    Appeal against Tribunal’s decision to refuse to grant leave to adduce expert evidence. Led by Eva Sit SC.
  • Competition Commission v Linde HKO Ltd [2021] 5 HKLRD 175
    Consideration of principles governing applications for discovery in enforcement proceedings. Led by Eva Sit SC.
  • Competition Commission v Nutanix Hong Kong Ltd [2019] HKCT 2
    Enforcement action for breach of the first conduct rule. Consideration of principles concerning object contraventions, authority of employees, and warning notices under s.82 of the Competition Ordinance (Cap. 619). Led by Paul Shieh SC and with Eva Sit.
  • Taching Petroleum Co Ltd v Meyer Aluminum Ltd [2019] 2 HKLRD 205
    Application for discovery. Consideration of principles relating to confidentiality rings in proceedings involving claims of breach of the Competition Ordinance (Cap. 619). With Eva Sit.
  • Competition Commission v Nutanix Hong Kong Ltd (No 2) [2017] 5 HKLRD 712
    Consideration of principles concerning application of privilege against self-incrimination in enforcement actions under the Competition Ordinance (Cap. 619). As sole advocate.
  • Equity / Trust
  • Fok Lai Lor Nora v Fok Chun Wan Ian (HCA 275/2016)
    Claim against executors for breach of contract, breach of fiduciary duty and material non-disclosure. Led by Benjamin Yu SC and Eva Sit SC.
  • Leung Ping Chiu Roy v Wai Wai Chen [2022] HKCFI 1897
    Application for discovery in aid of election between account of profits and equitable compensation. Led by Victor Dawes SC.
  • Employment
  • Filbert Terrence Kirk v Big Blue Resources Ltd [2019] HKCFI 285
    Appeal against ruling of Labour Tribunal. As sole advocate.
  • Injunction / Contempt
  • Natural Seasoning International (HK) Ltd v Key Shine Global Holdings Ltd [2021] HKCFI 1535
    Application for interlocutory injunction restraining defendants from exercising voting charges attached to shares. As sole advocate.
  • Insolvency
  • China Medical Technologies Inc v Bank of China (Hong Kong) Ltd [2021] HKCFI 3042
    Application to strike out claims by liquidators against bank for fraudulent trading, dishonest assistance, knowing receipt and restitution. Led by Jat Sew-Tong SC and with Julian Lam.
  • Hing Yip Holdings (Hong Kong) Ltd v Cellmark China Ltd [2021] HKCFI 1396
    Claims by liquidators against metals trading company for dishonest assistance, knowing receipt and restitution. Led by Benjamin Yu SC and Eva Sit SC.
  • Professional Liability
  • Chang v Bank of Singapore [2017] 4 HKLRD 458
    Appeal in mis-selling case involving consideration of principles in relation to the Control of Exemption Clauses Ordinance (Cap. 71) and the Unconscionable Contracts Ordinance (Cap. 458). Led by Jat Sew-Tong SC and Victor Dawes SC.
  • Shine Grace v Citibank [2018] HKCFI 1737, [2022] HKCA 1341
    Mis-selling claim involving equity accumulators. Led by Jat Sew-Tong SC and Victor Dawes SC.
  • Public Law / Judicial Review+
  • Ng Shek Wai v Hong Kong Institute of Certified Public Accountants [2021] HKCA 1920
    Appeal against dismissal of judicial review application on the ground of failure to provide sufficient reasons. Led by Abraham Chan SC.
  • Radio Television Hong Kong Programme Staff Union v Communications Authority [2021] 5 HKLRD 509
    Application for judicial review on grounds of interference with the right to freedom of expression and irrationality. Consideration of principles concerning standing to apply for judicial review. Led by Abraham Chan SC.
  • Cai Zhenrong v Stock Exchange of Hong Kong Ltd [2021] 4 HKLRD 57
    Consideration of principles applicable to applications for an injunction or stay of execution pending appeal in proceedings involving applications for judicial review. Led by Victor Dawes SC.
  • Cai Zhenrong v Stock Exchange of Hong Kong Ltd [2021] HKCFI 1899
    Application for judicial review of decision by the Respondent to delist listed company. Led by Victor Dawes SC.
  • Longrun Tea Group Co Ltd v Stock Exchange of Hong Kong Ltd [2021] HKCFI 1883
    Application for judicial review of decision by the Respondent to delist listed company. Consideration of proprietary status of listing status and whether delisting involved interference with right to property under Basic Law Article 105. Led by Victor Dawes SC.
  • Miu Hon Kit v Stock Exchange of Hong Kong Ltd [2020] HKCFI 675
    Application for judicial review of disciplinary action by the Respondent against directors of listed company. Led by Victor Dawes SC.
  • Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development & Communications Authority [2019] HKCFI 1667
    Application for judicial review against the Respondents in relation to auction of telecommunications spectrum. Led by Abraham Chan SC and with Harrison Miao.
  • Interush Ltd v Commissioner of Police [2019] 1 HKLRD 892
    Appeal concerning constitutionality of sections 25 and 25A of the Organized and Serious Crimes Ordinance (Cap. 455). Led by Abraham Chan SC.
  • Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development [2019] 1 HKLRD 833
    Application for discovery. Consideration of principles concerning respondents’ duty of candour. Led by Abraham Chan SC and with Harrison Miao.
  • Mental Health
  • Appeared 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.
  • Restitution / Unjust Enrichment
  • China Medical Technologies Inc v Bank of China (Hong Kong) Ltd [2021] HKCFI 3042
    Application to strike out claims by liquidators against bank for fraudulent trading, dishonest assistance, knowing receipt and restitution. Led by Jat Sew-Tong SC and with Julian Lam.
  • Hing Yip Holdings (Hong Kong) Ltd v Cellmark China Ltd [2021] HKCFI 1396
    Claims by liquidators against metals trading company for dishonest assistance, knowing receipt and restitution. Led by Benjamin Yu SC and Eva Sit SC.
  • Securities & Regulation
  • Re China Forestry Holdings Co Ltd
    MMT proceedings involving publication of false or misleading information inducing transactions and insider dealing. Led by Jat Sew-Tong SC and Derek Chan SC and with Julian Lam.
  • Re Magic Holdings International Ltd
    MMT proceedings involving breach of the disclosure requirements under ss.307B and 307G of the Securities and Futures Ordinance (Cap. 571). Led by Victor Dawes SC.
  • Standard Chartered Securities v SFC (SFAT Nos. 1, 2 and 4 of 2018)
    SFAT proceedings involving 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 Luxey International (Holdings) Ltd (HCMP 239/2019)
    Appeared for SFC in proceedings under s.214 of the Securities and Futures Ordinance (Cap. 571). Led by Abraham Chan SC.
  • Technology, Media and Telecommunications
  • Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development & Communications Authority [2019] HKCFI 1667
    Application for judicial review against the Respondents in relation to auction of telecommunications spectrum. Led by Abraham Chan SC and with Harrison Miao.
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