Stewart K M Wong SC
Stewart K M Wong SC
Stewart K M Wong SC

Call: 1987 (HK); 1992 (New South Wales); 1996 (Queensland); 1996 (Australian Capital Territory)
Inner Bar: 2011
Accredited as a mediator by CEDR and HKMAAL
Member of the Chartered Institute of Arbitrators

Education

  • LL.B. (Hons), University of Hong Kong
  • P.C.LL., University of Hong Kong
  • LL.M. (Merit), University College London, University of London

Contact

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

Secretary

Name: Amanda Li
Email:ali@templechambers.com
Tel:(+852) 2248 1882

mentions

Practice Areas

  • Tax / Revenue
  • Public Law / Judicial Review
  • Intellectual Property
  • Confidentiality / Privacy
  • Discrimination
  • Employment
  • Disciplinary
  • Professional Liability
  • Defamation / Media
  • Commercial
  • Banking / Finance
  • Arbitration
  • Company
  • Insolvency
  • Securities & Regulation
  • Injunction / Contempt
  • Property & Conveyancing
  • Equity / Trust
  • Probate / Succession
  • Restitution / Unjust Enrichment
  • Insurance
  • Civil Fraud / Asset Recovery
  • Conflict of Laws
  • Planning
  • Technology, Media and Telecommunications
  • Charity
  • Admiralty
  • Personal Injury / Medical Negligence
  • Mental Health
  • Family / Matrimonial
  • Appointments And Public Office

  • Recorder of the Court of First Instance of the High Court (January 2015 - December 2023)
  • Deputy High Court Judge (May – June 2013; February – March 2014)
  • Member of the Court of Final Appeal Rules Committee (from July 2018)
  • Honorary Secretary and Treasurer of the Hong Kong Bar Association (January 2010 – January 2012)
  • Deputy Honorary Secretary of the Hong Kong Bar Association (January 2008 – January 2010)
  • Bar Council Member (January 2007 - January 2012; January 2017 – January 2020; and from January 2022)
  • Chairman of the Accounting and Financial Reporting Review Tribunal (formerly known as the Public Interest Entities Auditors Review Tribunal) (October 2019 – September 2023)
  • Chairman of the Mandatory Provident Fund Schemes Appeal Board (November 2016 – October 2020)
  • Chairman of the Pharmacy and Poisons Appeal Tribunal (June 2017 – May 2023)
  • Vice-Chairman of the Municipal Services Appeals Board (June 2017 - May 2020)
  • Temporary Deputy Registrar, High Court (March – April 2002)
  • External Examiner in Revenue Law, P.C.LL., University of Hong Kong and City University of Hong Kong (September 1999 - June 2004)
  • Associate External Academic Advisor in Revenue Law, LL.B., City University of Hong Kong (September 2004 - June 2005)
  • Member of the High Court Rules Committee (July 2012 – July 2018)
  • Member of the Executive Committee of the Hong Kong Advocacy Training Council (from 2012)
  • Member of the Executive Committee of the International Advocacy Training Council (from 2012)
  • Member of the Inter-departmental Working Group on Gender Recognition (from January 2014)
  • Publications And Articles

  • Member of the Editorial Board of Hong Kong Cases (from July 2020)
  • Contributing Editor, Hong Kong Civil Procedure 2001 - 2012
  • Co-Editor, Halsbury’s Laws of Hong Kong, Vol 15(2) (Registered Designs and Patents) and Vol 15(3) (Trade Marks) (original volumes)
  • Contributing Author, Intellectual Property Rights: Hong Kong SAR and People’s Republic of China(March 2003 - January 2008)
  • Scholarship And Prizes

  • Bernard Downey Book Prize, University of Hong Kong
  • Baker & McKenzie Prize in Business Associations, University of Hong Kong
  • Profile

    Stewart Wong 's practice encompasses all areas of civil law as well as tax and public law.

    Experience

    Tax / Revenue+
  • Koo Ming Kwon v CIR [2022] HKCFA 18; (2022) 25 HKCFAR 233 [CFA: additional tax assessments: liability of directors for incorrect returns of company]
  • CIR v Poon Cho Ming John [2019] HKCFA 38; (2019) 22 HKCFAR 344 [CFA: salaries tax: chargeability of payments and benefits at termination]
  • Aviation Fuel Supply Co v CIR (2014) 17 HKCFAR 872 [CFA: appeals and objections: jurisdiction and discretion to tax on new grounds after six-year limit] (with Michael Furness QC)
  • Nice Cheer Investment Ltd v CIR (2013) 16 HKCFAR 813 [CFA: chargeability of unrealised book profits] (with David Goldberg QC)
  • Shui On Credit Co Ltd v CIR (2009) 12 HKCFAR 392 [CFA: tax avoidance scheme; principles of deductibility of interest expenses] (led by David Bloom QC and Barrie Barlow SC)
  • Real Estate Investments (NT) Ltd v CIR (2008) 11 HKCFAR 433 [CFA: trading vs capital income for developer; discharge of burden in tax appeals] (led by Johnny Mok SC)
  • CIR v HIT Finance Ltd (2007) 10 HKCFAR 717 [CFA: tax avoidance scheme] (led by David Goldberg QC)
  • Kim Eng Securities (Hong Kong) Ltd v CIR (2007) 10 HKCFAR 213 [CFA: source of profits: commission income for stockbrokers] (led by Robert Kotewall SC)
  • Zeta Estates Ltd v CIR (2007) 10 HKCFAR 196 [CFA: deductibility of interest expense for loan raised to pay dividend] (led by Ambrose Ho SC)
  • Kwong Mile Services Ltd v CIR (2004) 7 HKCFAR 275 [CFA: source of profits: profits from sale of PRC property in HK underwritten by taxpayer; appeal on questions of law: principles] (led by John Griffiths SC and Ambrose Ho SC)
  • Randeep S Grewal v CIR [2023] HKCFI 3109 [CFI: test for geographical source of employment income]
  • China Mobile Hong Kong Co Ltd v CIR [2022] HKCA 1637; [2022] 5 HKLRD 666 [CA: deductibility of spectrum utilization fees paid by mobile network operators] (with David Goldberg KC)
  • CIR v Lo Wa Ming Patrick [2022] HKCA 710; [2022] 2 HKLRD 1162 [CA: salaries tax: method of apportionment between income from services rendered in Hong Kong and outside: appearing as amicus curiae]
  • Ngai Sau Ying v Collector of Stamp Revenue [2019] HKCA 1104; [2019] 5 HKC 547 [CA: principles for ascertaining chargeability to stamp duty of instruments; whether separate assignments are an exchange: appearing as amicus curiae]
  • Dairyfarm Establishment v CIR [2018] HKCFI 2245; [2018] 5 HKLRD 179; CACV 544/2018 [CFI and CA: judicial review: multiple tax assessments]
  • China Mobile Hong Kong Co Ltd v CIR [2018] HKCFI 373; [2018] 2 HKLRD 146 [CFI: form of questions of law for leave to appeal under new statutory procedure]
  • Turner Entertainment Networks Asia Inc v CIR [2015] 3 HKLRD 295 [CA: chargeability of royalty income for use of copyright works aboard]
  • Canray International Ltd v CIR [2012] 4 HKLRD 792 [CFI: challenge to correctness of tax assessments by judicial review; double or multiple taxation]
  • CIR v Li & Fung (Trading) Ltd [2012] 3 HKLRD 8 [CA: source of profits of sourcing agent business] (with David Goldberg QC)
  • Chan Chun Chuen v CIR [2012] 2 HKLRD 379; FAMV 23/2012 [CA and Appeal Committee of CFA: duty of CIR to serve notices on taxpayers and method of service]
  • CIR v Nam Tai Trading Co Ltd [2010] 3 HKC 1 [DC: whether provision of IRO requiring payment of tax pending objections/appeal unconstitutional]
  • Yau Wah Yau v CIR [2006] 3 HKLRD 586 [CA: taxability of payments made by employer in relation to living quarters; burden of proof in tax appeals]
  • CIR v National Mutual Centre (HK) Ltd [1998] 2 HKLRD 599 [CA: interest tax: timing of incurring of interest expenses] (led by Robert Kotewall SC)
  • Wharf Properties Ltd v CIR [1995] 2 HKLR 552 [CA: deductibility of interest expense: whether expenses of capital nature] (led by John Gardiner QC)
  • Public Law / Judicial Review+
  • Sham Tsz Kit v Secretary for Justice [2023] HKCFA 28; [2023] 6 HKC 91 [CFA: constitutionality of non-recognition of same-sex relationships in Hong Kong]
  • Q and Tse Henry Edward v Commissioner of Registration [2023] HKCFA 4; (2023) 26 HKCFAR 25 [CFA: judicial review: right of pre-operative transsexuals to recognition in chosen gender] (with Monica Carss - Frisk KC)
  • HKSAR v Lai Chee Ying [2021] HKCFA 3; (2021) 24 HKCFAR 33 [CFA: bail under the National Security Law]
  • Leung Kwok Hung (Long Hair) v Commissioner of Correctional Services [2020] HKCFA 37; (2020) 23 HKCFAR 456 [CFA: prison policy of requiring male prisoners to cut hair: whether discriminatory]
  • ZN v Secretary for Justice [2019] HKCFA 53; (2020) 23 HKCFAR 15 [CFA: human trafficking and forced labour] (with Lord Pannick QC)
  • Leung Chun Kwong v Secretary for Civil Service [2019] HKCFA 19; (2019) 22 HKCFAR 127 [CFA: non-recognition of foreign same-sex marriage for civil service benefits and tax assessment: whether discriminatory] (with Lord Pannick QC)
  • QT v Director of Immigration [2018] HKCFA 28; (2018) 21 HKCFAR 324 [CFA: dependant visa policy; same-sex couple; discrimination] (with Lord Pannick QC)
  • Sin Chung Yin Ronald v Dental Council of Hong Kong (2016) 19 HKCFAR 528 [CFA: professional duties of dentists regarding dental companies]
  • Leung Kwok Hung v President of the Legislative Council (No 1) (2014) 17 HKCFAR 689 [CFA: separation of powers between the legislature and the judiciary; doctrine of legislative privilege]
  • Leung Kwok Hung v President of the Legislative Council (No 2) (2014) 17 HKCFAR 841 [CFA: definitive judgment on costs in contested application for leave to apply for judicial review at CFI, CA and CFA levels]
  • Leung Chun Ying v Ho Chun Yan Albert (2013) 16 HKCFAR 735 [CFA: Chief Executive election petition: constitutionality of 7-day time limit for lodging election petitions; procedure and grounds for challenging Chief Executive elections] (with Michael Thomas SC)
  • W v Registrar of Marriages (2013) 16 HKCFAR 112 [CFA: judicial review: right of marriage of post-operative transsexuals] (with Monica Carss-Frisk QC and Lisa Wong SC)
  • HKSAR v Fung Ka Chun [2023] HKCA 59; [2023] 1 HKLRD 1265 [CA: constitutionality of the offence of living off the earning of prostitution of another] (with David Perry KC)
  • Chan Yan Cheong v Research Grants Council of University Grants Committee [2022] HKCA 1873; [2023] 1 HKLRD 808 [CA: judicial review: academic judgment]
  • Lai Chee Ying v Secretary for Security [2021] HKCFI 2804; [2021] 4 HKLRD 695 [CFI: Freezing of "offence related property" under National Security Law]
  • Lui Chi Hang Hendrick v Independent Police Complaints Council [2020] HKCFI 614; [2020] 2 HKLRD 911 [CFI: power of IPCC to conduct fact -finding study]
  • MK v Government of HKSAR [2019] HKCFI 2518; [2019] 5 HKLRD 259 [CFI: constitutionality of non-recognition of same-sex relationship by marriage or alternative forms]
  • Dr U v Preliminary Investigation Committee of the Medical Council of Hong Kong CACV 151/2016 [CA: power of PIC of Medical Council to reconsider complaint after dismissal]
  • Re Mahesh J Roy (Intervener: Secretary for Justice) (No 2) [2017] 5 HKLRD 830 [CA: contempt in face of court: procedural safeguards: costs]
  • Arjun Singh v Secretary for Justice DCEO 9/2011 [DC: race discrimination and wrongful arrest: meaning of “service”under the Race Discrimination Ordinance; whether necessity test for arrest: first trial in Hong Kong under the Race Discrimination Ordinance]
  • ZN v Secretary for Justice [2016] 1 HKLRD 174 [CFI: application for recusal by judge on ground of apparent bias]
  • Designing Hong Kong Ltd v Town Planning Board [2015] 3 HKC 525 [CFI: acting as amicus curiae in the first case where an application for a protective costs order was substantially argued before the CFI in Hong Kong]
  • Hong Kong Medical Association v Medical Council of Hong Kong [2014] 3 HKLRD 664 [CFI: power of review by Medical Council in disciplinary matters]
  • Dr Q v Health Committee of the Medical Council of Hong Kong [2014] 2 HKLRD 57 [CFI: contempt of court application against statutory body]
  • X v Education and Accreditation Committee, Medical Council of Hong Kong [2013] 1 HKLRD 167 [CA: Medical Council proceedings: apparent bias: necessity principle]
  • Chan Yeuk Ming v Hong Kong Housing Authority HCAL 25/2012 [CFI: discrimination: legality of Housing Authority’s Divorced Couples Policy]
  • Kwok Cheuk Kin v Commissioner for Transport HCAL 41/2011 [CFI: legitimate expectation: ferry service fare differentials]
  • CIR v Shelcore Hong Kong Ltd DCTC 5209/2009 [DC: whether provision of IRO requiring payment of tax pending objections / appeal unconstitutional]
  • Wise Union Industries Co Ltd v Hong Kong Science and Technology Corporation [2009] 5 HKLRD 620 [CFI: judicial review: statutory corporation fettering its discretion] (led by John Bleach SC)
  • Tong Wai Ting v Secretary for Education HCAL 73/2009 [CFI: judicial review and disability discrimination: school leaving arrangements for intellectually disabled students] (led by Lisa Wong SC)
  • CIR v Nam Tai Trading Co Ltd [2010] 3 HKC 1 [DC: whether provision of IRO requiring payment of tax pending objections/appeal constitutionally valid]
  • D17/08 (2008) 23 IRBRD 301 [BoR: whether penalty tax system constitutionally valid] (led by David Pannick QC)
  • Intellectual Property+
  • Canon Kabushiki Kaisha v Green Cartridge Co (Hong Kong) Ltd [1997] AC 728 [PC: copyright: spare parts and repair defence] (led by Simon Thorley QC)
  • SNE Engineering Co Ltd v Hsin Chong Construction Co Ltd [2015] 4 HKLRD 517 [CA: patents: validity of short term patent: novelty and insufficiency: burden of proof of validity of short term patent in enforcement proceedings]
  • Re Alldressedup International Pte Ltd [2009] 4 HKLRD 363 [CFI: trade mark: registrability of neologism word mark]
  • California Red Ltd v Music Link Ltd CT 3/2008 [CT: first contested case in Copyright Tribunal: grant of compulsory licence for karaokes] (led by John Yan SC)
  • Octopus Cards Ltd v ODD HK Ltd HCMP 104/2007 [CFI: validity of short term patents for electronic purse and chip protection case]
  • Koninklijke Philips Electronics NV v Orient Power Holdings Ltd HCA 945/2005 [CFI: patents: CD and DVD machines: infringement: conspiracy: inducing breach of contract] (led by Peter Garland SC)
  • Brands Inc Ltd v Kabushiki Kaisha Regal Corp [2007] 2 HKC 110 [CFI: whether “use” of trade mark in Hong Kong for goods imported and then re-exported; nature of “genuine use”]
  • Re Wing Yick Bamboo Scaffolders Ltd [2004] 2 HKLRD 28 [CFI: patents: See v Scott Paine order]
  • AXA China Region Insurance Co Ltd v Pacific Century Insurance Co Ltd [2003] 3 HKC 1 [CFI: breach of confidence and trade secrets: insurance agents] (led by Robert Kotewall SC)
  • La Chemise Lacoste SA v Crocodile Garments Ltd [2000] 4 HKC 317 [CA: trade mark agreement: interpretation and breach]
  • Lau Tak Wah Andy v Hang Seng Bank Ltd [2000] 1 HKC 280 [CFI: passing off: character merchandising: interlocutory injunction] (led by Clive Grossman SC)
  • Tanashin Denki Co Ltd v King Long Industrial Ltd [1997] 4 HKC 217 [CFI: patents: infringement and validity: cassette tape recorder] (led by Peter Garland SC)
  • Canon Kabushiki Kaisha v Green Cartridge Co (Hong Kong) Ltd [1996] 1 HKLR 69 [CA: patents: infringement and validity: toner cartridges: personal liability of director for company’s tort] (led by Simon Thorley QC)
  • Commercial+
  • Takahashi v Cheng Zhen Shu (2011) 14 HKCFAR 558 [CFA: restitution of payments made under mistake for investment project in PRC] (led by Benjamin Yu SC)
  • Bewise Motors Co Ltd v Hoi Kong Container Services Ltd (1998) 1 HKCFAR 256 [CFA: freight forwarder: bailment: sub-bailment on terms: Himalaya clause] (led by Michael Thomas SC)
  • Convoy Collateral Ltd v Cho Kwai Chee [2020] HKCA 537; [2020] 6 HKC 81 [CA: proper approach of assessing risk of dissipation in Mareva injunction applications]
  • Kwok Ping Sheung Walter v Sun Hung Kai Properties Ltd [2009] 2 HKLRD 11 [CFI and CA: injunction prohibiting board from considering resolution to remove chairman; internal management of company]
  • Waddington Ltd v Chan Chun Hoo [2006] 2 HKLRD 896 [CA: no reflective loss principle; whether multiple derivative action exists] (led by Victor Joffe QC)
  • AXA China Region Insurance Co Ltd v Pacific Century Insurance Co Ltd [2003] 3 HKC 1 [CFI: insurance agents: inducing breach of contract] (led by Robert Kotewall SC)
  • Others+
  • Re K (Minor) (Parentage: Reciprocal In Vitro Fertilisation) [2023] HKCFI 2233; [2023] 5 HKLRD 58 [CFI: recognition of genetic mother who did not bear the child as parent or mother]
  • Re Simpson QC [2021] HKCFA 25; (2021) 24 HKCFAR 187; [2021] HKCA 22; [2021] 1 HKLRD 715 [CFA Appeal Committee and CA: ad hoc admission of overseas silk without instructions of local barrister] (with Gladys Li SC)
  • Secretary for Justice v Yuen Oi Yee Lisa HCMP 2390/2008 [CFI: contempt of court: abuse of process of court: commencement of proceedings by deceptive means: abusive and offensive letters and phone calls to judges and clerks]
  • Jerry Chen v Whirlpool (Hong Kong) Ltd (2007) 10 HKCFAR 619 [CFA: tort: vicarious liability] (led by John Bleach SC)
  • AXA China Region Insurance Co Ltd v Li Yu Ping Ellen [2003] 3 HKC 339 [CA: contempt of court: court practice on no strict compliance with procedural requirements; waiver of procedural requirements] (led by Simon Westbrook SC)
  • Kay Kam Yu v AIE Co Ltd [1996] 1 HKC 239 [CA: property: specific performance: requisitions: risk of unregistered encumbrance; unpaid management fees]
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