Frederick H F Chan

Call 1993 (Hong Kong)

LANGUAGES

English, Cantonese, Mandarin

CONTACT

T: +852 2840 1130
E: frederickhfchan@gmail.com

 

Secretary: Ms. Peon Cheng
E: peoncheng@parksidechambers.com

Profile

Frederick’s practice as a senior junior counsel is versatile and covers many different and diversified areas in civil and commercial litigation and arbitration. His recent cases covered professional negligence (including doctors and solicitors), building management disputes, insurance disputes, complex contractual and shareholders’ disputes, tort claims, land disputes specifically on adverse possession and trust matters. His practice also covers actions by and against banking institutions, bond holders and financial institutions.

As an experienced counsel, Frederick is able to conduct trials and arbitrations (including cross-examing witnesses) in English, Punti and Putunghua. He has been sitting as a sole arbitrator involving commercial disputes relating to parties and entities in the Mainland China. He is also a member on the SIAC’s (Singapore International Arbitration Centre) Panel of Arbitrators.

Practice Areas

General Civil Litigation
Arbitration
Banking
Commercial Law
Commercial Conflicts of Law
Company Law
Equity and Trusts
Insolvency Law
Land Law
Professional Negligence Disputes

Education

1994

LL.M.,
University College London, University of London

1993

P.C.LL.,
City University of Hong Kong

1992

LL.B.,
City University of Hong Kong
  • Member on the SIAC’s (Singapore International Arbitration Centre) Panel of Arbitrators
  • Guangdong-Hong Kong-Macao Greater Bay Area Legal Professional Examination (2021), passed the written examination and oral assessment
  • Accredited Arbitrator and Mediator, Hong Kong Bar Association
  • Fellow, Chartered Institute of Arbitrators
  • Vice-Chairman, Private Columbaria Appeal Board (2017 – Present)
  • Member, Insurance Appeal Tribunal (2017 – Present)
Publications
  • “Enforcement of Arbitral Awards – Does Fraud Unravel All?” Hong Kong Lawyer, August 2019
  • “Payment into Court, whose money? Yours and not mine.” Hong Kong Lawyer, January 2019
  • 「法眼法语之仲裁香港案例点评 Legal Studies Column – Arbitration: Hong Kong Case Studies」 上海市律师协会月刊 Shanghai Lawyer, August 2013
  • “To make or break: No case to Answer Submission in a Civil Trial.” Hong Kong Lawyer, August 2008
  • “Judicial Precedent – Are judgments of the Court of First Instance binding on the District Court?” Hong Kong Lawyer, April 2008
  • “Are Straight and Negotiable Bills of Lading the Same in Law?” Hong Kong Lawyer, October 2007
  • “Adverse Possession: Recent Twists and Turns?” Hong Kong Lawyer, October 2006
  • “Does the Doctrine of Lost Grant apply to Hong Kong?” Hong Kong Lawyer, March 2004
Seminars
  • 「香港国际仲裁实务案例」前海深港现代服务业合作区香港国际仲裁实务案例分享论坛, 5 May 2017
  • Trinity Concept Ltd (in liquidation) v. Wong Kung Sang [2022] 1 HKLRD 1388, acted for ex-directors of a company in liquidation to resist the claims for common action account and sequential reliefs.
  • Chow Man v. Wong Sang Chun [2022] HKCFI 746, a case on conflicts of law involving the limb on service out of jurisdiction relating to Gateway E on breach of a contract in the HKSAR.
  • Tsang Woon Ming v. Tsan Hing Tat Heidi & Others [2021] HKDC 482 & [2021] HKDC 1091, trial on adverse possession and boundary dispute.
  • Sun Yan v. Superb Jade Limited & Others, HCA813/2014, trial involving disputes on trust properties and counterclaim against an account executive in a securities firm with cross-examination of the main witness in Putonghua.
  • Re Golden Oasis Health Limited, HCCW236/2018, [2019] HKCFI 2173, acted for the opposing contributory to seek to stay the winding up petition on the strength of the arbitration clause in the shareholders’ agreement and advocated the Canadian approach of deciding whether a sum provided by a shareholder to the company was a shareholder’s loan or capital contribution.
  • Additech Ltd. v. Tai Cheung Management Co. Ltd., LDBM224/2018, [2019] HKLDT 46 and 48 and CAMP204/2019, acted for the management company to apply to strike out the prayer for damages of the applicant (one of the co-owners in a commercial building) on the basis that the relevant clause in the deed of mutual covenant concerning the discretion of the management company to approve of structural alterations of units did not admit of contractual damages.
  • Ng Hin Chung & Another v. Mok Poon Kwong & Another, HCA60/2018, [2019] HKCFI 1334, acted for the plaintiff to apply to strike out parts of the defendants’ defence and counterclaim on particulars on bad reputation of the plaintiff.
  • Fong Kam Mui v. HSBC Private Trustee (Hong Kong) Ltd., HCA2264/2014, [2019] HKCFI 630, acted for the plaintiff to claim for possessory title and the judgment clarified the law vis-a-vis the operation of public policy and adverse possession.
  • Fang Meng Sung John v. Luk Man Lok Rocky & Others, HCMP1959/2009, [2019] HKCFI 1283, acted for the 2nd and 3rd Defendants in the trial of counterclaim where the judge held that the plaintiff solicitor had unlawfully altered the mortgage deed which they had signed.
  • Yeung Nga Lai v. Tang Chun Lok [2018] HKDC 264, acted for the defendant and succeeded in defending an action for repayment of loan involving questions of law on expunging without prejudice materials, compromise by a third party of a debt and intention to create legal relationship in the context of a couple contemplating marriage.
  • Jiang Zhong v. Yeung Chun Leung [2018] 1 HKLRD 886, acted for the legally aided plaintiff (in 2 test cases) to resist the appeal of the Employees Compensation Assistance Fund Board and successfully argued that the Fund Board (once joined as a party to personal injury and employees compensation proceedings) is subject to the jurisdiction of the Court on costs.
  • New Moon Ltd & Others v. Hau, Lau, Li & Yeung (a firm) CACV 153/2016, unreported, Court of Appeal (Cheung, Yuen and Poon JJA), 21 July 2017, acted for a firm of solicitors to uphold the first instance judge’s findings dismissing the plaintiffs’ claims for professional negligence involving fraud and dishonesty in the context of a conveyancing transaction.
  • IO Ka Wing Building v. Chan Chui Chui [2016] 6 HKC 44, acted successfully for property owners in a residential-cum-commercial building with Deed of Mutual Covenants and Sub-Deed of Mutual Covenants to overturn the first instance ruling of the Lands Tribunal on voting rights.
  • Ma Kam Har Annie & Another v. Tang Lai King DCCJ 3884/2014, Deputy District Judge D To, 29 November 2016, acted for the owner of an upper floor unit to defend successfully the tort claims mounted by the lower floor owners for water seepage and discredited their expert.
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