Bernard Mak
Call 1993 (Hong Kong)
LANGUAGES
English, Cantonese, Mandarin (basic)
CONTACT
T: +852 2840 1130
E: bmak@parksidechambers.com
Secretary: Ms. Cynthia Lam
E: cynthialam@parksidechambers.com
“A very experienced litigator with an ability to understand the complex legal issues and practical commercial issues. He has the unique ability to give sound legal advice to resolve complex problems; [He has a] financial regulatory practice [and] specific expertise in Market Manipulation cases.”
Legal 500 Hong Kong Bar
- 2021 (Commercial Disputes – Leading Juniors Tier 1); (White Collar Crime – Leading Juniors Tier 2)
- 2022 (Commercial Disputes – Leading Juniors Tier 1); (Regulatory, Investigations & Crime – Leading Juniors Tier 2)
- 2023 (Commercial Disputes – Leading Juniors Tier 1); (Regulatory, Investigations & Crime – Leading Juniors Tier 2)
Bernard was educated in HK and was called to the HK Bar in 1993. His main areas of practice are commercial disputes, shareholders/share transactions disputes, financial services, market misconducts, regulatory compliance, and disciplinary matters.
He experienced a wide range of work involving listed companies and listed securities. He advises sponsors, listing applicants, and listed companies regularly on regulatory compliance. Other than commercial litigations, he advises on
- investigations, petitions and inquiries by the Securities and Futures Commission (SFC)
- inquires by the Stock Exchange of Hong Kong (HKEx)
- Listing Rules compliance
- Takeovers Codes compliance
- Securities and Futures Ordinance, Cap. 571 (SFO) compliance for regulated businesses/persons/products, disclosure of Interests matters
and related civil, regulatory and disciplinary matters in the High Court of HKSAR (Civil and Criminal), Market Misconduct Tribunal (MMT), Securities and Futures Appeal Tribunal (SFAT), HKEx Listing Committee disciplinary proceedings, the Takeover Panel, and Takeovers and Mergers Panel disciplinary proceedings.
He is one of the most experienced local counsel in insider dealing and market misconduct cases. He advised and acted for the defence in high profile insider dealing and market manipulation prosecutions, and listed companies, listed securities and corporate finance related prosecutions.
He also commands a broad range commercial practice including banking, company law, securities law, and real property. He appeared in arbitrations, applications for pre-emptive remedies, professional disciplinary inquiries and judicial reviews. He advised and appeared in various matters relating to representation and administration of estate, conflicts of laws and trusts.
Practice Areas
Commercial Law
Company Law
Compliance, Securities and Banking
Equity and Trusts
Probate
White-Collar Crime
Education
1993
P.C.LL., University of Hong Kong
1992
LL.B., University of Hong Kong
- CEDR Accredited Mediator (2009)
- Registered Foreign Lawyer (HKSAR Law) of the Singapore International Commercial Court (Since 2019)
Judiciary Appointments
- Deputy Special Magistrate (1999)
- Deputy District Judge (2009)
Academic Appointments
- Shantou University, PRC: Visiting Professor, Law School (09-11)
Public Services
- Chairman of Buildings Appeal Tribunal
- Member of Appeal Panel (Housing)
- Member of Inland Revenue Board of Review
- Member of Criminal and Law Enforcement Injuries Compensation Boards
- Member of Financial Reporting Review Panel of the Financial Reporting Council
- Securities Law: HKSAR & PRC – served as Editor-in-Chief
- Butterworths Hong Kong Securities Law Handbook – served as Co-General Editor
- Hong Kong Civil Procedure – served as Contributing Editor
Advised or appeared as Counsel for Implicated Person(s) in the following inquiries by the Insider Dealing Tribunal in relation to the dealings in the listed securities of:
- Founder Holdings Ltd
- Harbour Ring International Holdings Ltd
- Chinney Alliance Group Ltd
- Vanda Systems
- HKCB Bank Holding Company Ltd & HK China Ltd
- Siu Fung Ceramics Holdings Ltd
- Easy Concepts
- Stime Watch International Holding Ltd
- China Appollo Holdings Ltd
Advised or appeared as Counsel for Specified Person(s) in the following inquiries by the Market Misconduct Tribunal into dealings in the shares of:
- Meadville Holdings Ltd
- China Gas Holdings
- China Huiyuan Juice Group
- Sino Katalytics Investment Corporation
- Chaoda Modern Agriculture (Holdings) Ltd
- ABC Communications (Holdings) Ltd
- Mirabell International Holdings
- QPL International Holdings Ltd
- Sunny Global Holdings Ltd
Selected cases:
- Koon Wing Yee v Insider Dealing Tribunal and Anor (2008) 11 HKCFAR 170 – the CFA declared the unconstitutionality of certain powers of the IDT.
- HKSAR v Sik Siu-kwan Gary HCC 476/2012 – successfully defended an ibanker in an over 70 days trial against an allegation of s.9 PABO offence arose in a Reverse Takeover Context.
- Lim Yi Shenn v Wong Yuen Yee & Ors [2012] 3 HKLRD 505, CACV 55/2015 – successfully defended the MDs of a listed company against claims by a placee based on alleged guarantees or contracts arose in a private placement context.
- SFC v Wong Yuen Yee & Ors [2016] 5 HKLRD 11 – regarding admission of expert evidence for s.213 Petition by the SFC.
- SFC v Wong Yuen Yee & Ors [2017] 1 HKLRD 788 – regarding the disclosure obligation of the SFC in a s.213 SFO Petition.
- SFC v Mo Shau Wah & Ors [2017] 4 HKLRD 347; [2018] 3 HKLRD 356 – regarding variation of freezing injunctions.
- SFC v Mo Shau Wah & Ors [2018] HKCA 598 – regarding waste costs orders.
- Ma Wai Wah v Neway Karaoke Box Ltd [2018] HKCFI 842 – successfully defended the majority shareholder against claims by an ex-shareholder based on alleged guarantees or contracts arose in a pre-IPO context.
- SFC v Cheng Chak Ngok & MMT [2018] 4 HKLRD 612; [2019] HKCFA 17 – regarding the appropriate standard and burden of proof in MMT proceedings.
- Friendship Investments Ltd v To Chun Fan & Ors [2019] HKCFI 1669 – regarding injunctive relief in the context of unfair prejudice petitions.
- Re KCK Garment Factory Ltd [2019] HKCFI 585 – regarding voidable unfair preferences.
- Miu Hon Kit v Stock Exchange of Hong Kong [2020] HKCFI 675 – judicial of HKEx’s decision to encsure a company’s non-executive directors.
Successful IPO Advised:
- Huijing Holdings Company Ltd (9968)
- Renrui Human Resources Technology Holdings Ltd (6919)
- Oi Wah Pawn (1319)
- Season (8127) (now 1709)
- Cool Link (8491)
- Gudou Holdings (8308)
- GIC (1669)
- Modern Dental (3600)
- Jete Power (8133)
- Bexcellent Group (1775)
