專業經驗
Martin maintains a civil practice, with a particular emphasis on commercial, company, insolvency, and public law work.
Martin is a recommended by Chambers and Partners (“a very effective advocate with a good sense of which argument is making headway and which isn’t, and the ability to steer it gracefully in the right direction”), and is a ranked barrister in Legal 500 in the categories of “Commercial Disputes” and “Administrative and Public Law” (“a stellar advocate”, and “can grasp thorny complicated issues at lightning speed and has a remarkable memory”).
Martin graduated with a First Class Honours law degree at the University of Hong Kong and a Bachelor of Civil Law degree with Distinction at the University of Oxford. He was also awarded Distinction in the Postgraduate Certificate in Laws programme at the University of Hong Kong and came first in the litigation stream, winning a number of advocacy prizes. He was awarded the Bar Scholarship 2013 and Charles Ching Memorial Scholarship 2013.
案件選例
商業糾紛
Re Target Insurance Co Ltd [2023] HKCFI 7, [2022] HKCFI 1362, [2022] HKCFI 1487 – acted for the Managers appointed by the Insurance Authority and Liquidators over Target Insurance Co Ltd, an authorised insurer covering over 60% of the taxi insurance market in Hong Kong, in recovering sums in excess of US$154 million misappropriated by former managementA v B [2023] 1 HKLRD 144 – arbitration in respect of a cryptocurrency dispute; acted for one of the parties in various court proceedings. Reported decision concerns the principles for granting interim relief in aid of arbitral proceedings and the correct understanding of s.45(4) of the Arbitration Ordinance.China Medical Technologies Inc v Wu Xiaodong & Ors [2019] HKCFI 1266, [2022] HKCA 41 – acted for the defendant in the context of an alleged fraud claim in excess of US$520 millionRe Okada Holdings Ltd [2019] 1 HKLRD 483, [2018] HKCFI 2310, HCMP 2446/2017 and HCMP 1324/2017 – acted for one camp of shareholders in the context of a US$3 billion shareholders’ dispute relating to a listed entertainment company in Tokyo, Japan, including the obtaining of mandatory injunctions restraining the exercise of shareholder rights and stay of action in favour of parallel proceedings in the Tokyo courtsMelvin Waxman v Li Fei Yu [2022] HKCFI 3579 – acted for the successful defendant after a 13 day trial in a commercial dispute over the shareholding in the WDI group of companies specializing in the production of sanitary productsKomal Patel & Ors v Chris Au & Ors [2015] 6 HKC 389, [2016] 1 HKLRD 328 (and various other unreported decisions – HCA 183/2014) – acted for the defendant in a commercial dispute relating to the Kudeta brand involving allegations of civil fraud and breach of fiduciary duties La Dolce Vita Fine Dining Co Ltd v Zhang Lan [2018] HKCFI 548, [2019] HKCFI 618, HCMP 473-474/2015 – Mareva injunctions in aid of CIETAC arbitration; claim for contractual damages in excess of US$286 millionRe Okada Holdings Ltd [2018] HKCFI 2310, HCMP 2446/2017 and HCMP 1324/2017 – mandatory injunctions restraining the exercise of shareholder rights and stay of action in favour of parallel proceedings in the Tokyo courts, in the context of a US$3 billion shareholders’ dispute relating to a listed entertainment company in Tokyo, JapanWing Bo Building Construction Co Ltd v Discreet Ltd [2016] 2 HKLRD 779, (2016) 166 Construction Law Reports 162 – stay of proceedings for arbitration; constitutionality of s.20(8) of the Arbitration Ordinance (Cap 609) under Article 82 of the Basic Law X v Y [2021] 2 HKC 68, acted for the applicant in relation to the enforcement of a Taiwan arbitration award in the sum of US$193 million; decision concerned the legal principles on the identification of the proper dispute resolution agreement among a myriad of contractual agreements between related partiesYu Hing Tong v Fung Hing Chiu Cyril [2016] 5 HKLRD 567, decision concerned whether an agent had the locus standi to commence an action in the name of the principal pursuant to a power of attorney 公司法 Kazuo Okada v The Registrar of Companies [2019] 1 HKLRD 483, commercial judicial review on the right of the Registrar of Companies to withhold registration of a Form ND2A and general review of the operation of the statutory scheme under Division 4 of Part 2 of the Companies Ordinance (Cap 622) , in the context of a US$3 billion shareholders’ dispute relating to a listed entertainment company in Tokyo, JapanRe China City Construction (International) Co Ltd [2019] 3 HKLRD 491, principles on the conversion of voluntary winding-up to compulsory winding-upChinaculture.com Ltd (suing on behalf of itself and all other shareholders in CNT Group except Prime Surplus Ltd) v Lam Ting Ball Paul & Ors [2022] HKCFI 1114 – appeared for the successful defendants in a 17-day trial on a statutory derivative claim relating to the spin-off and listing of CPM Group Ltd, and the pricing process (including the book building process) of the IPO of CPM Group Ltd, for a claim in excess of HK$260 millionRe Nerico Brothers Ltd [2023] HKCA 535 – acted for the Petitioner in insolvency winding up proceedings and successfully striking out the Company’s Notice of Appeal. The Petitioner was an authorized insurer providing for over 10,000 insurance policies for taxis in Hong Kong and the petitioning debt for US$154 million represented the sums said to be misappropriated by former managementRe Hong Kong Investments Group Ltd [2018] HKCFI 984, insolvency winding up and bankruptcy proceedings relating to a HK$160 million debt allegedly related to securities margin financingRe Jessop & Baird (Hong Kong) Ltd [2017] 1 HKLRD 78 – principles on validation orders (and various unreported applications concerning appointment of interim receivers and discharge of interlocutory mandatory injunctions)Re Soka Gakkai International of Hong Kong Ltd [2017] 4 HKLRD 192 – decision concerned the legal principles relating to the inspection of register of members under s.631 of the Companies OrdinanceRe Global Eco Resource Ltd [2018] HKCFI 1658 – trial of a just and equitable winding up petition in respect of a food waste management company 公法 / 司法覆核 Hong Kong Golf Club v Director of Environmental Protection [2023] HKCFI 1946 – acted for the Director of Environmental Protection in public law challenges mounted by the Hong Kong Golf Club in respect of the Director’s decision to approve the environmental impact assessment report for the intended public housing development project at part of the land comprising the “Old Course”Lai Chee Ying v The Committee for Safeguarding National Security of the HKSAR [2023] 3 HKLRD 275 – acted for the Secretary for Justice in respect of a challenge on the amenability to judicial review of a decision made by the Committee for Safeguarding National Security of the Hong Kong Special Administrative RegionSecretary for Justice v Timothy Wynn Owen KC (2022) 25 HKCFAR 288 – acted for the Secretary for Justice in opposing an application for ad hoc admission of English King’s Counsel in the context of an underlying national security offenceAM v Director of Immigration [2022] 4 HKC 445; N & M v Secretary for Security, HCAL 961 & 1034/2021 – acted for the Government in challenges mounted by foreign domestic helpers on (a) the alleged operational failure of the Government to investigate instances of forced labour and trafficking in persons, and (b) the alleged need for the Government to enact bespoke criminal offences criminalising forced labour under BOR4.DM v Commissioner of Customs & Excise [2023] 1 HKLRD 233 – acted for the Government in resisting a BOR4 challenge by a convicted drug trafficker on the ground that her public law challenge represented a collateral attack on the criminal conviction and constituted an abuse of court processBrightoil Petroleum (Holdings) Ltd v Stock Exchange of Hong Kong Ltd [2020] 2 HKC 644 – acted for the Stock Exchange in a challenge concerning allegations of systematic procedural unfairness in the Exchange’s delisting procedureCB v Commissioner of Police [2021] 5 HKLRD 13 – acted for the Government in BOR4 challenges; reported decision concerned the principles on ordering specific discovery in a public law contextChina Trends Holdings Ltd v Stock Exchange of Hong Kong Ltd [2021] 3 HKLRD 554 – acted for the Stock Exchange in a challenge concerning the proper construction of the “asset limb” and “operation limb” of GLR 17.26 (and Main Board Listing Rule 13.24) in the context of the Exchange’s delisting procedureKazuo Okada v The Registrar of Companies [2019] 1 HKLRD 483, commercial judicial review on the right of the Registrar of Companies to withhold registration of a Form ND2A and general review of the operation of the statutory scheme under Division 4 of Part 2 of the Companies Ordinance (Cap 622) , in the context of a US$3 billion shareholders’ dispute relating to a listed entertainment company in Tokyo, JapanSime Darby Motor Services Ltd v Director of Lands [2022] 4 HKLRD 714 – acted for the Sime Darby Group in judicially reviewing the decision of the Government not to entertain an in-situ land exchange application on the premise of a purported Government policy not to entertain such land exchange applications within village environs; decision concerned the development of administrative law on amenability of land decisions to judicial review 禁制令 / 藐視法庭 Secretary for Justice v Persons Conducting Themselves [2023] HKCFI 1950 – appointed by the Court as amici curiae in respect of the application of the Secretary for Justice for an injunction to enjoin the broadcasting etc of a Song in aid of the criminal law / National Security LawSecretary for Justice v Wong Chi Fung & Ors [2023] 1 HKLRD 93; [2023] 4 HKC 619 – acted for the Secretary for Justice in committal applications; reported decision concerned the principles for granting leave for committal and the impact of lapse of time on the leave application and the sentencing exerciseSecretary for Justice v Cheng Lai King [2020] 5 HKLRD 356; Secretary for Justice v Chan Oi Yau Riyo [2020] 3 HKLRD 494; Secretary for Justice v Chan Kin Chung [2021] 1 HKLRD 563; Secretary for Justice v Yiu Ka Yu [2021] 1 HKLRD 607 – appeared for the Secretary for Justice in committal applications against contemnors who have breached the “police doxxing injunction”Secretary for Justice v Sung Ho Tak Edward [2022] 1 HKLRD 779 – appeared for the Secretary for Justice in a committal application against a contemnor who had breached the “incitement injunction”Secretary for Justice v Chan Po Hong [2022] 5 HKLRD 185 – appeared for the Secretary for Justice in a committal application against a contemnor who had breached the “judges doxxing injunction”Secretary for Justice v Persons Unlawfully and Wilfully Conducting Etc (1847/2020) [2020] 5 HKLRD 638, appeared for the Secretary for Justice in obtaining an injunction restraining “doxxing” activities against judicial officers and their family membersSecretary for Justice v Persons Unlawfully and Wilfully Conducting Etc (1957/2019) [2019] 5 HKLRD 500, acted for the Secretary for Justice in obtaining an injunction restraining doxxing practices against police and their family membersSecretary for Justice v Persons Unlawfully and Wilfully Conducting Etc (2007/2019) [2019] 5 HKLRD 465, [2019] HKCFI 2809, acted for the Secretary for Justice in obtaining a quia timet injunction restraining the willful publication of materials and information on internet-based platforms or forums of material that promoted, encouraged or incited the use or threat of violenceSecretary for Justice v Chau Wan Ying & Ors [2016] 2 HKLRD 434, acted for the Secretary for Justice in the Occupy Central movement criminal contempt cases Secretary for Justice v Cheung Kai Yin & Ors [2016] 4 HKLRD 367; Secretary for Justice v Cheung Kai Yin (No 2) [2016] 5 HKLRD 370, acted for the Secretary for Justice in the interlocutory appeals of the Occupy Central movement criminal contempt cases; decision concerned the juridical nature of criminal contempt proceedings and the procedural regime applicable to the hearing of criminal contempt appeals YBL v LWC (No 2) [2017] 2 HKLRD 783, acted for the husband appellant in the Court of Appeal in the context of a judgment summons application. Judgment concerned the power of the Court to dispose of bail money upon successful appeal against a committal order, and whether such power overrides any prior Quistclose trust enjoyed by the successful appellant, and the proper approach to depriving a successful appellant of his costs of the appealChina Metal Recycling (Holdings) Ltd v Chun Hei Man, HCMP 3396/2015, acted for the liquidator plaintiffs in a contempt trial in relation to allegations of breach of undertakings and breach of Mareva injunctionGlory Link Investments Ltd v Young Pui York [2016] 4 HKC 157, acted for the judgment creditor in seeking an imprisonment order against the judgment debtor; decision concerned the principles relating to a judgment debtor’s liability for imprisonment for failure to satisfy a judgment sumLa Dolce Vita Fine Dining Co Ltd v Zhang Lan [2019] 2 HKLRD 341, [2018] HKCFI 548, [2019] HKCFI 618, acted for the plaintiffs in a contempt trial in the context of contractual disputes relating to the South Beauty chain of restaurants in Mainland China; contemnor being handed an immediate custodial sentence of 12 months’ imprisonmentTYM v WSP, FCMP 309/2014, successfully resisted an application for a Hadkinson order on the ground of failure to comply with an interim payment order; decision concerned the constitutionality of Hadkinson orders and whether the English approach of absolute liability for defaulting judgment debtors should be applied in Hong Kong Commission of Inquiry into the Construction Works at and near the Hung Hom Station Extension under the Shatin to Central Link Project, acted for the Government (Transport and Housing Bureau, Development Bureau, Highways Department and Buildings Department) in an inquiry into the safety of works of the Hung Hom Station Extension under the Shatin to Central Link Project 財產及物業轉移 Shanghai Commercial Bank Ltd v Lee Yau Tak [2023] HKCA 450 – appeal concerning the principles on the right of beneficiary under a common intention constructive trust to redeem a mortgage entered into by the legal ownerJumbo Fair Ltd v PACM Series 235 Ltd [2023] 2 HKC 60 – principles on when a tender for the redemption of a mortgage would be regarded as validly madeBest View Medical Co Ltd v Richermen International Investments Ltd [2017] 4 HKC 400 (and on appeal [2018] HKCA 288); tenancy disputeBright Gold Ltd v Mega Well Development Ltd [2019] 3 HKLRD 868, conveyancing dispute; judgment concerned principles on the exclusionary rule under O.62 r.5(1)(d) in respect of Calderbank offers, and the award of indemnity costsYu Fung Co Ltd v Olympic City Properties Ltd [2017] 2 HKLRD 406 (and on appeal in [2018] HKCA 323), acted for the interested party in staying the writ of possession. Judgment concerned the question of whether it is an abuse of process for an occupant, who was not a party to and did not participate in prior possession proceedings, is entitled to subsequently bring a fresh action to claim adverse possession Herman Budihardjo v Hadi Gunawan [2018] HKCFI 1450, acted for the successful defendant in a 23-day trial in the context of a family trust dispute for a claim in excess of HK$500 millionJong Yat Kit v Lee Man For [2018] 5 HKC 216, acted for the professional administrator in the administration of an estate in excess of HK$1 billionMan Kai Kwong David v Mak Ying Mui [2022] HKCFI 3649, acted for the incumbent administratrix in successfully resisting an application for co-appointment and/or removalZhao Shaoyuan v Chan Mee Lin [2019] 2 HKC 325, a case involving a fight between a wife and a concubine of the right to possession of the deceased’s corpse Standard Chartered Securities (Hong Kong) Ltd v Securities and Futures Commission, SFAT 1, 2 & 4/2018, acted for Standard Chartered Securities in the Securities and Futures Appeals Tribunal in an application to review the sanction imposed by the SFC in connection with sponsor work conducted in the listing of China Forestry Holdings Ltd 
