Anthony Chan   SC
陳浩淇資深大律師
陳浩淇資深大律師

香港大律師(2005年起執業)
香港資深大律師(2023年獲委任)

學歷

  • LLM (Merit), University College London, University of London
  • PCLL, University of Hong Kong
  • LLB (Hons), University of Hong Kong
  • Diocesan Boys’ School

聯絡方法

電郵:ahkchan@templechambers.com
電話:(+852) 2523 2003

秘書

姓名:姚小姐
電郵:karmen@templechambers.com
電話:(+852) 2248 1883

引述

經驗

  • 公法 / 司法覆核
  • 財產及物業轉移
  • 建築物 / 建造
  • 仲裁
  • 禁制令 / 藐視法庭
  • 商業糾紛
  • 銀行 / 金融
  • 歸還索償 / 不當得益
  • 證券法及監管
  • 破產清盤
  • 公司法
  • 保密 / 私隱
  • 衝突法
  • 精神健康
  • 遺產 / 繼承
  • 家事 / 婚姻
  • 規劃
  • 委任及公職

  • Temporary Deputy Registrar, High Court (July 2019, July 2020, April 2021, April 2022)
  • Deputy District Judge (April 2023)
  • Course Convenor for Administrative Law, University of Hong Kong (2023 to present)
  • Member of Standing Committee on Mainland Affairs, Hong Kong Bar Association (March 2022 to present)
  • Member of Committee on Sports Law, Hong Kong Bar Association (March 2023 to present)
  • Examiner, Barristers Qualification Examination – Civil Procedure and Civil Evidence (2019 to present)
  • Member of Barristers Disciplinary Tribunal Panel (1 July 2018 to present)
  • Lecturer (Non-Clinical), Department of Professional Legal Education, University of Hong Kong (2015 to present)
  • Member of Committee on Constitutional Affairs & Human Rights, Hong Kong Bar Association (March 2017 to March 2020)
  • Member, Election Nomination Advisory Committee (2015-2016)
  • 獎學金 / 獎項

  • Bar Scholarship (2004)
  • Middle Temple Advocacy Scholarship
  • Temple Chambers Pupillage Award
  • John Griffiths Prize in Advocacy
  • Deacons Cup & Prize, University of Hong Kong Mooting Competition
  • 專業經驗

    陳浩淇資深大律師的業務涉及廣泛的民事訴訟和法律諮詢委託,尤其是公法和商業糾紛領域的事項。在2023年5月20獲委任為資深大律師之前,他曾被《錢伯斯法律指南》(Chambers and Partners)和《法律500強》(Legal 500)評為其專業領域內的領先大律師,並被評價為“可能是香港最好的大律師之一”和“日益精進,前程無量”。

    在公法領域,陳大律師在憲法及行政法律訴訟、公民自由案件、城市規劃、司法覆核和選舉呈請等方面擁有豐富的經驗。他代表香港特區政府成功捍衛了小型屋宇政策和“一地兩檢”安排的合憲性,並向立法會主席提供法律意見,以解決阻撓內務委員會主席選舉的 “拉布”行為。他還向立法會主席在一系列宣誓案件和阻撓議事案件中提供法律意見並代表出庭。此外,陳大律師的代表案例還包括捍衛香港大律師公會的規則及決定的合憲性。

    陳浩淇大律師在商業糾紛領域處理的案件包括土地及物業糾紛(強制出售、逆權侵佔和侵佔)、股東糾紛、資不抵債事項和一般合同糾紛等。此外,他也代理私人客戶處理法庭相關事宜,包括代理家庭成員和委員會在《精神健康條例》相關訴訟(如資產追回和法定遺囑)中出庭,以及向超高淨值個人提供有關業務及財產繼承的法律意見。值得注意的是,他曾參與涉及精神行為能力根據《精神健康條例》的適用原則的領先案件。陳大律師的執業領域還包括衝突法、洩密(商業秘密)、監管和紀律事項、建築物上訴、婚姻財務和藐視法庭等。他還在建築和仲裁方面擁有豐富經驗。

    案件選例

    公法 / 司法覆核+
    Constitutional challenge / judicial review
  • Siu Yat Fung Anthony t/a Anthony Siu & Co v The Council of the Law Society of Hong Kong and the Council of the Hong Kong Bar Association [2022] 3 HKLRD 443
    Whether decisions of the Joint Tribunal of the Bar Council and the Council of the Law Society resolving fee dispute between barristers and solicitors are amenable to judicial review.
  • Chui Marjorie Che Ying v Appeal Tribunal (Buildings) [2022] 4 HKLRD 5
    The ambit of the Building Authority’s power to serve a repair order under section 28(3) of the Buildings Ordinance (Cap.123).
  • Kwok Cheuk Kin v Director of Lands (2021) 24 HKCFAR 349; [2021] 1 HKLRD 737 (CA); [2020] 1 HKLRD 988 (CFI)
    Systemic constitutional challenge against the Small House Policy: whether the discriminatory policy and practices are protected by article 40 of the Basic Law, which guarantees the protection of lawful and traditional rights of the indigenous inhabitants of the New Territories (led by Benjamin Yu, SC and with Mok Yeuk-Chi).
  • Kwok Cheuk Kin v Director of Lands (2021) 24 HKCFAR 220
    Legal principles guiding an application to waive the usual conditions for provision of security for costs on appeal to the CFA (led by Benjamin Yu, SC and with Mok Yeuk-Chi).
  • Zimmerman v Secretary of Southern District Council [2021] 5 HKLRD 52
    Whether it is within the ambit of the District Council’s advisory function to discuss the Government’s territory-wide policy or practice (led by Benjamin Yu, SC and with Jess Chan).
  • Kwok Cheuk Kin v Secretary for Justice (No.2) (Costs) [2021] 3 HKLRD 591 (CA)
    Public interest litigation exception on appeal and at first instance.
  • Kwok Cheuk Kin v Director of Lands (No.2) [2021] 3 HKLRD 411 (CA)
    Public interest litigation exception applicable against successful non-government entity and interested party (led by Benjamin Yu, SC and with Mok Yeuk-Chi).
  • Sixtus Leung v. Secretary for Justice [2021] 3 HKLRD 140 (CA); [2019] 1 HKLRD 292; [2019] 1 HKC 104
    Constitutional challenge against the Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Ordinance (Cap 632) (led by Benjamin Yu, SC and Abraham Chan, SC).
  • Hui Chi Fung v Secretary for Justice [2021] 2 HKLRD 956; [2021] 4 HKC 538
    Whether granting leave to apply for judicial review brought by a fugitive from justice would be an affront to public conscience and bring the administration of justice into disrepute.
  • Hong Kong Journalists Association v Commissioner of Police [2021] 1 HKLRD 427
    Whether the police failed to facilitate and not to hinder lawful journalistic activities in the course of public order events; whether appropriate to use assumed facts approach (led by Jenkin Suen, SC)
  • Chan Ki Kau v Hong Kong Police Force [2020] 5 HKLRD 653; [2021] 1 HKC 416; [2022] 5 HKLRD 20
    Constitutional challenge against the police identification and the Independent Police Complaints Council (led by Victor Dawes, SC and with Danny Tang).
  • Leung Sze Ho Albert v. Bar Council [2016] 5 HKLRD 542 (CA)
    Constitutional challenge to the Bar’s supplementary occupation rule as contrary to the freedom of choice of occupation guaranteed by article 33 of the Basic Law (led by Benjamin Yu, SC and with Abraham Chan).
  • Leung Kwok Hung v. President of the Legislative Council (No.2) (2014) 17 HKCFAR 841
    The definitive judgment on costs in contested applications for leave to apply for judicial review at CFI, CA and CFA levels (led by Benjamin Yu, SC).
  • Lai Man Lok v. Director of Home Affairs [2017] 3 HKLRD 338
    Whether the decision to remove the applicant from an invitation-only area violated his right to freedom of the person and freedom of lawful expression, assembly and demonstration; common law right to exercise “self-help” to remove trespassers and prevent unlawful obstruction of due execution of lawful duties (led by Victor Dawes, SC).
  • Tang Hoi Sang v. Director of Lands [2017] 4 HKC 230
    Whether short term tenancies over Government land are amenable to judicial review. Whether squatters have legitimate expectation to continue occupying Government land.
  • Hung Hing v. Director of Lands [2015] 5 HKLRD 516 (CA)
    Whether the decision to refuse to sell Government land to applicants for small houses to provide for vehicular access to the proposed small houses is amenable to judicial review.
  • Reid v. Municipal Services Appeals Board [2014] 1 HKLRD 513
    Whether it is lawful for the Liquor Licensing Board to impose an additional condition to a liquor licence that liquor sold on licensed premises must be consumed on those premises.
  • Wu Yuk Wah Ben v. Director of Hong Kong Observatory [2013] 2 HKLRD 1068 (CA)
    Judicial review concerning the decision to construct a radar station in Tuen Mun (led by Lisa Wong, SC).
  • Chau Tam Yuet Ching v. The Director of Lands [2013] 3 HKLRD 169 (CA); HCAL 66/2012, 18.7.2012
    Whether the Director’s decision to terminate Government Land License for breach is amenable to judicial review (led by Johnny Mok, SC).
  • Koon Ping Leung v. The Director of Lands [2012] 2 HKC 329
    Judicial review challenging the small house policy’s restriction on applications by indigenous inhabitants based overseas.
  • Christopher Wong & Ors. v. Director of Lands HCAL 95, 97-99/2010, 24 September 2010
    Judicial review on land resumption, on the right to a home (led by Benjamin Yu, SC and with Stewart Wong).
  • Legislative Privilege
  • Advised the LegCo President on whether, and if so, what measures may be taken to resolve the impasse to legislative business caused by the filibustering of the election of the House Committee Chairman (led by Lord Pannick, QC).
  • Kwok Cheuk Kin v President of LegCo [2021] 3 HKC 402 (CA); [2019] HKCFI 1482
    Constitutional challenge against LegCo’s resolution to lower the quorum of a meeting of the Committee of the Whole Council (led by Wong Yan Lung, SC).
  • Chief Executive & Secretary for Justice v. President of the Legislative Council [2016] 6 HKC 417
    Whether the oath of office taken by 2 elected persons contravened article 104 of the Basic Law and whether the President has the power to allow them to retake oath (led by Jat Sew-Tong, SC).
  • Chief Executive & Secretary for Justice v. President of the Legislative Council [2016] 6 HKC 144
    Interim injunction to restrain 2 elected persons from retaking the oath of office (led by Jat Sew-Tong, SC).
  • Leung Kwok Hung v. President of the Legislative Council (2014) 17 HKCFAR 689; [2013] 2 HKC 580 (CA)
    Judicial review arising from the President’s decision to close the debate of the Legislative Council (Amendment Bill) 2012 which was deliberately prolonged by legislators employing filibustering tactics. The issue raised was the court’s power – under the doctrines of separation of powers and legislative privilege – to intervene in the President’s decision made in the legislative process (led by Benjamin Yu, SC in the CFA and led by Jat Sew-Tong, SC in the CA).
  • Cheng Kar-Shun & Anor v. Hon. Li Fung Ying & Ors [2011] 2 HKLRD 555; [2009] 4 HKC 204; [2009] 14 HKPLR 626
    Judicial review concerning decisions made by the Select Committee on the Leung Chin Man affair. The issue was whether the court has jurisdiction to inquire into the internal working of the Legislative Council (led by Lord Lester of Herne Hill, QC).
  • Tsang Kwong Kuen v. Chairman of the Finance Committee HCAL 44/2015, 31.5.2017
    Whether the court should intervene and adjudicate on the decision of the Chairman of the Finance Committee not to ask a member to withdraw from the voting of funding concerning the development in Kwu Tung North and Fanling North area.
  • Wong Yuk Man v. Ng Leung Sing HCMP 3217/2015, 22.1.2016 (CA); [2015] 5 HKLRD 606 (CFI)
    Whether the court should intervene and adjudicate on the decisions of the Chairman of the Finance Committee to stop dealing with further motions from members of the committee and put the funding proposal to a vote.
  • Election Petitions
  • Chong Wing Fai Winfield v. Cheung Kwok Kwun [2013] 2 HKLRD 693
    Whether an elector who has casted his vote after moving to a new address without reporting the change of address amounts to a material irregularity or corrupt conduct which disqualifies him from voting.
  • Chan Chi Shing v. The Revising Officer Mr. Symon Wong & Ors HCAL 132/2010; HCAL 9/2011, 27.4.2011
    Whether the Revising Officer’s decision should be quashed on the basis of a material error of fact; the court’s jurisdiction regarding amendment of register of voters (led by Ronny Tong, SC).
  • 財產及物業轉移+
  • Secretary for Justice v. Chau Ka Chik Tso (2011) 14 HKCFAR 889; [2011] 2 HKLRD 387 (CA)
    Leading authority on the law of encroachment and adverse possession (led by Edward Chan, SC and with Mok Yeuk Chi in the CFA and with Mok Yeuk Chi in the CA).
  • Building Authority v. Appeal Tribunal (Buildings) (2018) 21 HKCFAR 194; [2017] 4 HKLRD 510 (CA); [2016] 6 HKC 515 (CFI)
    Whether, under a widely used special condition in a Government lease, the grantee’s maintenance obligation extends to man-made slopes supporting the road located on Government land (led by Benjamin Yu, SC and with Mok Yeuk-Chi in the CFA and with Mok Yeuk Chi below).
  • Win Glories Ltd v. Majorluck Ltd [2019] 5 HKLRD 471 (CA)
    Whether commercial tenant’s liability to pay joint charges include obligation to pay management charges.
  • Winland Mortgage Ltd & Ors v Star Rainbow Investments Ltd [2020] HKCFI 3163
    Whether vendor’s chargee, liquidators and receivers have locus to enforce the purchaser’s covenant to pay; whether vendor should be joined after the expiry of the limitation period; whether there was collateral agreement, unjust enrichment, estoppel (with Byron Chiu).
  • Cheer Sky Ltd v. Chan Yuet Sheung [2019] HKCFI 606
    Specific performance of a provisional sale and purchase agreement.
  • Foremost Hill Ltd v. Bank of China (Hong Kong) Ltd HCA 2555/2013, 5.4.2017
    Adverse possession by a tenant in common of a multi-storey building over part of a unit exclusively possessed by another tenant in common under DMC.
  • New Mercury Holding Corporation v. Secretary for Justice CACV 73 & 74/2014, 15.4.2014 (CA); [2013] 2 HKLRD 853 (CFI)
    Construction of a widely used condition in a Government lease that imposes minimum curtilage area (led by Benjamin Yu, SC).
  • Compulsory sale
  • Group Leader Ltd v. Hui Sun Fat [2016] 2 HKLRD 625 (CA)
    Whether covenant prohibiting disposal of shares in land without Government approval gave rise to proprietary interest and whether the Director of Lands has locus to intervene in an application for order for sale (with Mok Yeuk-Chi).
  • Holly Property Co Ltd v Acewell Investments Ltd [2022] HKLdT 16
  • Onbrave Ltd v Malkani [2021] HKLdT 80
  • Wood One Keeprich Ltd v. Sky Magic Ltd [2018] HKLdT 29
  • Smart Value Investments Ltd v. Protime Investment Ltd LDCS 42000/2012, 7.6.2013
  • Building management
  • Advising and appearing in cases before the Appeal Tribunal (Buildings).
  • PLANNING
  • Joint Smart Ltd v Director of Environmental Protection [2022] 1 HKLRD 1110
    Whether the EIA Report on proposed public housing development complied with the requirements of study brief and technical memorandum (with John Litton).
  • Join Smart Ltd v Town Planning Board [2021] 4 HKLRD 645
    Whether, in determining a private developer’s application to amend an OZP pursuant to section 12A of the Town Planning Ordinance (Cap. 131), the Government’s alternative proposal for the long-term development of the area is a relevant consideration (with John Litton).
  • Hong Kong Sheng Kung Hui Foundation v. Town Planning Board [2020] 2 HKLRD 895
    Whether an interim stay of proceedings should be granted to prevent TPB from considering further representations under section 6F of the Town Planning Ordinance (Cap. 131) pending the resolution of the judicial review.
  • Trustees of Church of England v. Town Planning Board [2020] HKCFI 501
    Judicial review against zoning decision regarding the Kennedy Town and Mount Davis Planning Scheme Area (led by Abraham Chan, SC).
  • 建築物 / 建造+
  • Chun Wo Building Construction Ltd v. Metta Resources Ltd HCCT 29/2013, 19.8.2016
    One of the largest construction litigations in Hong Kong in recent years arising out of the construction of Tsz Shan Monastery (led by John Scott, SC and with Liza Jane Cruden and Anthony Chow). Important issues addressed include (a) whether a notice of delay is a condition precedent for EOT claim under SCC-23 (Hong Kong Standard Form); (b) architect’s abdication of responsibility and how that affects the employer’s defence to VO and EOT claims based on the contractor’s failure to comply with formality and notice provisions; (c) diminution of contract sum for works omitted and defects.
  • Chevalier (Aluminum Engineering) Hong Kong Ltd v Sun Properties Co Ltd [2020] HKCFI 1313
    A 4-day High Court trial concerning a windows and aluminum cladding sub-contractor’s claim for direct payment against the employer.
  • Wui Fai Engineering Co Ltd v. Sanfield Building Contractors Ltd HCCT 15/2017
    A 15-day High Court trial in respect of a formwork contract concerning a mix-used development over an MTR station (led by Victor Dawes, SC and with Peter Dong).
  • Hong Kong (SAR) Hotel Ltd v. Wing Key Construction Co Ltd HCCT 3/2010, HCCT 57/2009, 16.5.2016
    A 20-day High Court trial of a construction dispute arising out of a hotel development project in Hong Kong. The main issue was whether the hotel developer was entitled to terminate the contract on the basis of the building contractor’s repeated failure to comply with architect instructions to rectify various safety irregularities.
  • IO of Hamden Court v. Mega Miles Construction Company Ltd [2015] 5 HKC 179
    Application to set aside an arbitrator’s ruling on jurisdiction. The issues raised include whether the application was out of time under article 16(3) of the Model Law and whether the arbitration clause covered disputes as to whether the contract existed (with Solomon Lam).
  • Arbitration
  • Arbitration between owner and main contractor arising out of refurbishment works for a commercial building in Hong Kong.
  • Arbitration between owner and main contractor arising out of defective services provided by the latter in relation to alterations and additions works for an industrial building in Hong Kong (led by leading counsel).
  • Arbitration of a construction dispute relating to the Hong Kong service center of a luxury vehicle marque.
  • Arbitration between architect and owner arising out of the construction of a casino in Macau (led by leading counsel).
  • Arbitration between owner and main contractor arising out of a design and built contract for a townhouse in Hong Kong.
  • Arbitration between main contractor and incorporated owners in respect of renovation works for a building estate in Hong Kong.
  • Arbitration between main contractor and an owner in respect of renovation works for a townhouse in Hong Kong.
  • 仲裁
  • International arbitration (under ICC rules) over licensing and non-competition provisions (governed by Cayman law) in a shareholders agreement relating to a major retail business in the PRC (led by leading counsel).
  • International arbitration (under SCC rules) between sino-foreign joint venture partners to an electricity plant project over the failure to inject land use rights worth over RMB300 million as capital contribution.
  • See also the list of arbitration cases under Building / Construction section.
  • 禁制令 / 藐視法庭+
    Public law
  • Chief Executive & Secretary for Justice v. President of the Legislative Council [2016] 6 HKC 144
    Interim injunction to restrain 2 elected persons from retaking the oath of office (led by Jat Sew-Tong, SC).
  • Secretary for Justice v. Li Pang Kay [2016] 2 HKLRD 882
    Sharp Daily and Apple Daily criminal contempt case – report of confession likely to prejudice or interfere with pending criminal proceedings (led by Jat Sew-Tong, SC).
  • Secretary for Justice v. Ocean Technology Limited [2010] 1 HKC 456
    Citizen’s Radio case, contempt of court (led by Jat Sew-Tong, SC).
  • Secretary for Justice v. Ocean Technology Limited [2008] 2 HKLRD 82
    Citizen’s Radio case, civil injunction in aid of criminal law (led by Jat Sew-Tong, SC and Kevin Zervos, SC).
  • Private law
  • HKCOLO.NET Ltd v Hong Kong Telecommunications (HKT) Ltd [2023] HKCFI 138
    Injunction to restrain service provider of storage space for HKT’s and it’s clients’ information and communication technology equipment (which supported critical round the clock services of vital public interest) from unilaterally terminating the service (led by Benjamin Yu SC)
  • China Travel Logistics & Trading Hong Kong Ltd v China Travel Hip Kee Godown Hong Kong Ltd [2022] HKCFI 2510; [2021] HKCFI 1427
    Urgent interim-interim injunction in landlord tenant dispute (led by Laurence Li, SC and with Jonathan Ng)
  • Ngai Chun Ngor Irene v Ling Fat Co Ltd [2022] 2 HKLRD 1235
    Whether the Chanel principle is disapplied where the order provides for liberty to apply and against an applicant who participated in the earlier hearing in a different capacity (led by Benjamin Yu SC).
  • Chow Steel Industries Public Company Ltd v. Ko Sung [2020] HKCFI 483
    Whether to continue interlocutory injunction in aid of Thai proceedings for breach of confidence and unlawful use of trade secrets claims.
  • Golden Miles Group Holding Ltd v. Jacob & Co [2018] HKCFI 441
    Discharge of interlocutory injunction restraining breach of distributorship agreement; whether agreement validly terminated; whether there is any prospect of a permanent injunction given the irretrievable breakdown of relationship and complete loss of mutual trust and confidence between the parties (led by Benjamin Yu, SC).
  • SK Hynix Inc v. Vannex International Ltd HCA 1473/2014, 10.2.2015
    Injunction to restrain unlawful use of trade secrets concerning the manufacturing process of memory semiconductors. The case raised the question whether the confidential nature of information would be destroyed if a competitor could obtain the information by reverse engineering.
  • Islamic Republic of Iran Shipping Lines v. Phiniqia International Shipping LLC HCMP 2034/2014, 24.9.2014 (CA); HCA 2368/2012, 21.7.2014
    Discharge of Mareva Injunction in aid of enforcement of an English judgment.
  • Chinaplus Wines Ltd v. Berry Bros & Rudd Ltd HCA 1818/2012, 13.12.2012
    Injunction to restrain unlawful use of customer database (led by Adrian Huggins, SC).
  • 商業糾紛+
  • Delco Participation BV v Chiho Environmental Group Ltd [2021] HKCFI 1272
    Whether a third-party respondent has “power” over documents belonging to a subsidiary: insufficient to show there are a series of steps open to the respondent which might have the result of giving it a right to obtain documents belonging to a subsidiary (with Jason Lee).
  • Hu Hung Chiu v. Pacific Electric Wire & Cable Company Ltd [2018] 5 HKLRD 767
    Whether the court has jurisdiction to and should stay proceedings brought by a party pending payment of adverse costs order made in earlier proceedings (led by Victor Dawes, SC and with Peter Dong).
  • Golden Miles Group Holding Ltd v. Jacob & Co [2018] HKCFI 441
    Discharge of interlocutory injunction restraining breach of distributorship agreement; whether agreement validly terminated; whether there is any prospect of a permanent injunction given the irretrievable breakdown of relationship and complete loss of mutual trust and confidence between the parties (led by Benjamin Yu, SC).
  • Euro Search (Hong Kong) Ltd v. Snow Lake Capital (HK) Ltd [2018] HKCFI 402
    Trial on contract to provide headhunting services; whether client unjustly enriched at the expense of the headhunter.
  • Super Speed Ltd (in liquidation) v. Bank of Baroda [2015] 2 HKLRD 965 (CA); [2015] 4 HKC 200
    Whether an increase of a company’s overdraft constitutes disposition of its property.
  • SK Hynix Inc v. Vannex International Ltd HCA 1473/2014, 10.2.2015
    Injunction to restrain unlawful use of trade secrets concerning the manufacturing process of memory semiconductors. The case raised the question whether the confidential nature of information would be destroyed if a competitor could obtain the information by reverse engineering.
  • Islamic Republic of Iran Shipping Lines v. Phiniqia International Shipping LLC HCMP 2034/2014, 24.9.2014 (CA); HCA 2368/2012, 21.7.2014
    Discharge of Mareva Injunction in aid of enforcement of an English judgment.
  • Chinaplus Wines Ltd v. Berry Bros & Rudd Ltd HCA 1818/2012, 13.12.2012
    Injunction to restrain unlawful use of customer database (led by Adrian Huggins, SC).
  • Hung Fung Enterprises Holdings Ltd v. Agricultural Bank of China [2012] 3 HKLRD 679 (CA)
    Conflict of laws, whether a Hong Kong court should enforce double interest awarded by PRC court (led by Ronny Tong, SC).
  • Re Pacific Electric Wire & Cable Company Ltd HCA 2746, 2763/2004, 10.10.2008
    Jurisdiction to order costs against non-party to summary judgment application (led by Ashley Burns, SC)
  • 證券法及監管
  • Advising on provisions of the Securities and Futures Ordinance.
  • 破產清盤
  • Re Kwok Hiu Chun Damien (a bankrupt) [2017] 4 HKLRD 421 (CA)
    Whether section 16 of the Mandatory Provident Fund Schemes Ordinance (Cap.485) excludes a bankrupt employee’s long service payment from his estate.
  • Re Chan Tin Leung [2012] 5 HKLRD 606
    Whether a debtor subject to an extant IVA has locus standi to present bankruptcy petition against himself.
  • Re Lai Ka Hing Fanco [2008] 5 HKLRD 552
    Bankruptcy petition, whether petitioner unreasonably refused offer to settle debt.
  • Fong Ching Lin v. Nan Fung Finance Ltd (No.2) [2008] 4 HKLRD 332 (CA)
    Whether a bankruptcy petition is a claim for liquidated sums for the purpose of section 22(1)(a) of the Hong Kong Court of Final Appeal Ordinance.
  • 公司法+
  • Hu Hung Chiu v Pacific Electric Wire & Cable Company Ltd [2021] 2 HKLRD 477
    Whether an applicant has sufficient interest to apply for a declaration that a company’s dissolution be declared void (led by Victor Dawes, SC and with Peter Dong)
  • Moorthy Selvaraj v GMT Industrial Limited [2019] 4 HKLRD 572
    Inspection of company documents by shareholders under section 740 of the Companies Ordinance. Whether inspection to enable valuation of presently owned shares constitutes a proper purpose.
  • Re Poly Property Group Co Ltd [2016] 4 HKC 169
    Whether to grant extension of time to file return of allotment and to extinguish criminal liability for late delivery. Meaning of “accidental”, “inadvertence” and “just and equitable”.
  • Re China Unicom (Hong Kong) Ltd [2016] 2 HKC 343
    The first reported judgment concerning an application under the new section 316(4) of the Companies Ordinance for an order extending time for the delivery of return of allotment and to extinguish criminal liability for late delivery.
  • Peng Hui Zhou v. Hong Kong Tachibana Electronics Company Ltd. HCMP 1080/2008, 22.9.2010
    Shareholders’ dispute, refusal to declare dividends, exclusion from management, dilution of shareholding (led by Rimsky Yuen, SC).
  • Chung Shan Investment & Development Company Ltd v. Pioneer Metals Holdings Company Ltd HCMP 2104/2007, 1.8.2008
    Strike out of winding up relief; application to appoint provisional liquidators (with Godfrey Lam).
  • 保密 / 私隱
  • Step Perfect Ltd v. Gregory Goldstein (HCA 846/2017, 16.10.2017)
    Injunction to restrain disclosure of confidential information; application to stay on forum non conveniens *and *lis alibi pendens
  • SK Hynix Inc v. Vannex International Ltd HCA 1473/2014, 10.2.2015
    Injunction to restrain unlawful use of trade secrets concerning the manufacturing process of memory semiconductors. The case raised the question whether the confidential nature of information would be destroyed if a competitor could obtain the information by reverse engineering.
  • Chinaplus Wines Ltd v. Berry Bros & Rudd Ltd HCA 1818/2012, 13.12.2012
    Injunction to restrain unlawful use of customer database (led by Adrian Huggins, SC).
  • 衝突法
  • Hung Fung Enterprises Holdings Ltd v. Agricultural Bank of China [2012] 3 HKLRD 679 (CA)
    Conflict of laws, whether a Hong Kong court should enforce double interest awarded by PRC court (led by Ronny Tong, SC).
  • Step Perfect Ltd v. Gregory Goldstein (HCA 846/2017, 16.10.2017)
    Injunction to restrain disclosure of confidential information; application to stay on forum non conveniens and lis alibi pendens
  • 精神健康
  • Re NLS (Mental Condition) [2021] 3 HKLRD 814; [2021] 6 HKC 127
    Leading case on applicable principles on whether a person is incapable of managing and administering his property and affairs by reason of his mental incapacity (led by Benjamin Yu, SC).
  • Advising and appearing for the Official Solicitor, committee and family members in numerous mental health proceedings.
  • 家事 / 婚姻
  • Doreen Do Yee Tong v. Wesley Wei Hei Wan [2011] 1 HKLRD 318 (CA)
    Whether the Family Court has jurisdiction to determine the ownership of a property after it has given an order on ancillary relief (led by Paul Shieh, SC).
  • 其他+
  • Re Simpson QC (2021) 24 HKCFAR 187; [2021] 1 HKLRD 715 (CA); [2019] 5 HKLRD 441 (CFI)
    Whether, for the purpose of ad hoc admission of overseas silk, a solicitor advocate is acceptable alternative to junior counsel (led by Gladys Li SC, Stewart Wong SC with Jonathan Ng (on appeal) and with Esther Mak (at first instance))
  • Building Authority v. Appeal Tribunal (Buildings) [2018] 1 HKLRD 186 (CA)
    Adducing new evidence to demonstrate the proposed appeal raises questions of great general or public importance not caught by the Ladd v. Marshall test (with Mok Yeuk-Chi).
  • Wong Chi Ching v. BOCOM International Holdings Co Ltd [2016] 2 HKC 584 (CA)
    Whether, upon transfer of a case from the Labour Tribunal, the High Court has jurisdiction to deal with claims outside the jurisdiction of the Labour Tribunal.
  • Bank of China (Hong Kong) Ltd v. Certain Aim Ltd [2011] 1 HKC 135
    On the law concerning an application to adduce new evidence on appeal from Master to single Judge (led by Lisa Wong, SC).
  • Doreen Do Yee Tong v. Wesley Wei Hei Wan (No.2) [2011] 2 HKLRD 278 (CA)
    Whether costs of interlocutory appeals to the Court of Appeal is to be dealt with separately from the costs of the main action.
  • Fong Ching Lin v. Nan Fung Finance Ltd [2008] 4 HKLRD 153 (CA)
    Case concerning the law of discontinuation of action.
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