Other Highlights Recovery Cases

• Amidas Hog Kong Ltd v Che Si Ltd HCA 1406/2024 – Acted for a corporate victim.  The High Court conducted a comprehensive discussion as to proper enforcement procedures of fraud cases between Vesting Order, Execution Order and Garnishee Order.
• LTC (BVI) Ltd v Tempest Storm Co Ltd HCA 535/2022 – Acted for a London Club in its recovery action, in which the Court confirmed that the law does not require the victim to conduct reasonable enquiry as to the fraud in an action for unjust enrichment.
• DVA Agro GmbH v Universal Hope International Ltd HCA 284/2021 – Acted for recipient of monies alleged to be proceeds of fraud in discharging injunction obtained against it
• RPB SA v Xinwangyi Trade Ltd HCA 150 & 399/2020 – Acted for an Argentinian corporation in its recovery action raising important issues concerning rules of tracing through multiple layers of recipients.
• Holy AG v BMW Ltd HCA 297/2020 – Acted for a German corporation in its recovery action raising important clarification as to requirements of the defence of bona fide purchaser for value without notice.
• R Stahl Inc v AJ Development Ltd HCA 1412/2019 – Acted for an American corporation in its recovery action in Hong Kong which confirmed for the first time at the appellate level that the “fraud exception” under the old summary judgment procedure was not engaged.
• Junson Development International Ltd v ZFT Trading Co Ltd HCA 1680 & 1781/2019 – Acted for a Hong Kong investment group in its local recovery actions involving four layers of recipients.

Other Recovery Cases

• ZJ v CWF HCMP 745/2023 – Acted for a party to foreign divorce proceedings to seize assets in Hong Kong for further tracing into foreign assets.
• Dobkin v Huaada (HK) Ltd HCA 1107/2021; DCCJ 1733/2022
• Solyda SRL v Wu HCA 161/2019
• Zhongshan Weitemei Electronic Technolgy Co Ltd v VTBeauty Ltd HCA 970/2019
• Heuft Ltd v Yun Tongda Electronic Commerce Ltd HCA 1066/2019
• Asia Advisors Ltd v HK Bsin Yu Trading Co Ltd HCA 846/2019
• South American International Bank Curacao NV v Ying Xin Trading Co Ltd HCA 3012/2018
• Alkind v Alon Business Consultancy Ltd HCA 1257/2018
• Banco Del Austra SA v Regal Prosper Trading Ltd HCA 477/2015
• Acted for the recipients of alleged fraud proceeds: Wang v Pan HCA 590/2023; Dream International Ltd v Great Treasure (HK) Trading Ltd HCA 240/2022; Opera National de Paris v Sun Bon International Logistics Ltd DCCJ 218/2021; Food Freshly AFC GmbH v KSharp International Trade Ltd DCCJ 6897/2019; Cheung v Hang Seng Bank v Hong Kong Pawer Trading Ltd & Ors HCA 3002/2018.

Constitution Law

• Kwok v President of the Legislative Council CACV 320/2019 – Judicial review on the quorum of the Committee of the Whole Council of the Legislative Council.
• Leung v Chief Secretary for Administration HCAL 31/2015 – Judicial review on the consultation on the selection of Chief Executive and interpretation of the “831” NPCSC Decision.
• Benver Company Ltd v Appeal Tribunal (Buildings) HCAL 217/2023 – Constitutional challenge of Appeal Tribunal’s procedural decisions.

Regulatory

• SFC v Cheng FAMV 125/2018 – Acted for the Specified Person in the MMT proceedings and appeals in respect of insider dealing in the shares of a listed company in Hong Kong, which engaged the question of burden of proof in an inquisitorial tribunal.
• SFC v CL Management Services FAMC 34/2016 – ‘holding out’ offence under s. 114 of the Securities and Futures Ordinance
• A v SFC HCAL 29, 31, 33/2014– Judicial review concerning privileges against self-incrimination in parallel proceedings (Criminal and the Takeovers Panel)

Environment

• Tse v Director of Environmental Protection HCAL 1256/2024 – Judicial Review in respect of the Environmental Impact Assessment of the San Tin Technopole, in which the High Court rendered landmark decision on substitution of applicant
• Cheung v Chief Executive in Council HCAL 177/2015 – Judicial review in respect of roadwork at the Castle Peak Road and environmental impact assessment under the Road (Works, Use and Compensation) Ordinance

Education

• Lantau International School Ltd v Secretary for Education HCAL 1143/2021 – Judicial review against decision not to give support to an international school to develop a new secondary school in the Lantau Island

Buildings / Housing

• Chui v Appeal Tribunal (Buildings) CACV 291/2022– Judicial review against decision to serve a building order to a particular owner in a multi-storey building.
• Kone Elevator (HK) Ltd v Construction Industry Council DCMP 4552/2022 – First appeal against a levy decision by the Construction Industry Council.
• Tomorrow Finances Ltd v Director of Fire Services CACV 15/2020 – Judicial review against fire Hazards Abatement Notices issued against operators of mini-storage facility.
• Chow v Housing Authority HCAL 2480/2019 – Judicial review concerning the Appeal Tribunal’s duty to give reasons.
• Deng v Housing Authority HCAL 4/2017 – Judicial review concerning the Appeal Tribunal’s Tameside duty / reasonableness of decision.

Inland Revenue

• CAC International Ltd v CIR HCIA 4/2022 – Acted for the CIR in a dispute concerning intention to trade in respect of multiple luxurious properties in Hong Kong
• Touax Container Investment Ltd v CIR HCIA 1/2023 – Acted for the CIR in a dispute concerning sources of profit of an international shipping group’s branch office in Hong Kong.
• Case No. D4/17 (2018-19) IRBRD 96 – Board of Review hearing concerning reference to third party statements after the assessment & whether assessment excessive by reason of an “omission”.
• Case No. D16/20 (2021-22) IRBRD 163 – Board of Review hearing concerning whether acquisition or the subsequent disposal of a real property amounted to “trade”.

Immigration

• ST v Betty Kwan CACV 115/2013 (CA) – Judicial review for oral hearings in the adjudication of torture claims.
• Other cases concerning torture claimants: KN HCAL 1711/2019; M HCAL 170/2016; W HCAL 218/2015; S HCAL 115/2014; A HCAL 127/2014

Police

• Kwok v Commissioner of Police HCAL 55/2017 – Judicial review as to the meaning ‘Public meeting’ under the Public Order Ordinance.  The decision also touched upon the question of locus stand of an applicant.
• Chan v Commissioner of Police HCAL 181/2013 – Judicial review against search warrants against firm of solicitors which also engages the question of legal professional privilege

Professional

• Re a Barrister (159/14) HCAL 159/2014 – Acted for the Bar Council to challenge decision of a Barristers Disciplinary Tribunal on question of flagrant incompetence of counsel and scope of counsel immunity.
• Re Mably CACV 173/2018 – Acted for the Bar Council to oppose ad hoc admission of overseas junior counsel.

Election

• Lo v Secretary for Justice HCMP 662/2020
• Chow v Secretary for Justice HCMP 1050/2021

• China Everbright Bank v China Kingho Energy Group Ltd HCA 809/2024 – Acted for parties in resisting injunction in aid of action to enforce a Mainland conciliatory statement in common law, which engages issue of the scope of the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 579).
• China Industrial Securities International Brokerage Ltd v Lou HCA 1073/2021 – Acted for agents in a dispute between security broker company and its agents concerning fairness in contract between them.
• Perpetual Wealth (Hong Kong) Ltd v BE Solutions Co Ltd HCCT 42/2021 – Acted for building contractors in a dispute concerning a project in Rykadan Capital Tower, against allegations of fraudulent misrepresentation and conspiracy to defraud.
• Tsui & Wong, the Joint and Several Liquidators of HMV Marketing Ltd v Panorama Corporation HCMP 784/2020 – Defending allegation of unfair preference, misfeasance, breach of duties and breach of trust in the liquidation of the HMV retail and online stores operator.
• Kader Industrial Co Ltd v Hop Shing Engineering & Construction Co Ltd HCCT 73 of 2020 – Acted for the building contractors in a dispute concerning waterproofing work at the rooftop of a multi-storey commercial building.
• Au v End User Technology Ltd CACV 237/2017– Trial and appeal on sale of shares of a listed company in Hong Kong.
• China Rail Investment Group (Hong Kong) v Eternity Profit Investment HCA 701/2013 – Acted for the listed company defending dispute in relation railway investments in the PRC with a claim sum of HK$100 million and further damages.
• Recent selected injunction matters: HCA 1827/2024 (injunction for mandatory repair order and indemnity); HCA 1458/2023 (Application for Injunction concerning dispute on vessel investment agreements); HCA 809/2023 (injunction re shares of a Listco); HCMP 337/2023 (Injunction to act on company resolution); HCMP 298/2022 (injunction re the asset of an Mainland China artist in Hong Kong); HCA 284/2021 (discharge of injunction concerning alleged commercial fraud).

Court Actions

• G v A (2024) – Application for mandatory injunction in aid of arbitration concerning international sale of goods disputes.
• A v B, B and Company A (2023) – Application for injunction and receivers in aid of arbitration concerning dispute on vessel investment agreements.
• L v A (2023) – Acted for the respondent to resist application to set aside Award in relation to a charterparty dispute.
• T v C (2022) – Application for Injunction in aid of arbitration concerning dispute on artiste agreements in Mainland China
• KZ v KY HCCT 41/2019 – Acted for the applicant in resisting application to set aside enforcement of a Mainland arbitration award.
• HZ Capital International Ltd v China Vocational Education Co Ltd HCCT 48/2016 – Acted for the investors in applying to set aside a Hong Kong arbitration award concerning an investment dispute in tertiary education in Mainland China.
• Re Lucky Resources (HK) Ltd HCCW 89/2016 – Acted for the respondent to resist application for winding up, which engaged the question whether presentation of winding up petition constitute enforcement of an arbitration award.
• Neo-Intelligence Holdings v Giant Crown Industries Ltd HCA 1127/2017 – Application for stay in favour of arbitration.

Arbitrations

• HKIAC Rules (2024) – International sale of goods disputes.
• HKIAC Rules (2020) – Ownership dispute as to coal mines in Mainland China.
• HKIAC Rules (2020) – Disputes in relation to biomedical business operating in Mainland China, Korea and Japan etc.

• Li v China Mobile Hong Kong Ltd DCCJ 617/2017; CAMP 344/2023 – Acted for China Mobile Hong Kong in defending against alleged trespass by antenna system built on houses in New Territories.
• Kong v IO of Tai Wai Glamour Garden CACV 455/2018 – Acted for owners in action against incorporated owners in respect of external wall and breach of duties.
• Kowloon Development Finance Ltd v Chan DCCJ 4650/2020 – Acted for occupiers in striking out writ of possession enforcement proceedings.
• Adverse possession of agricultural lands: Siu v Teng DCCJ 2388/2017; Workwise Corporation v Ngai DCMP 1067/2018; Chan v Chau DCCJ 3943/2016 etc.
• Adverse possession of urban lands: Lau v IO of Kiu Yu and Kiu Fat Mansion DCCJ 4753/2014; Chiu v IO of Kiu Yu and Kiu Fat Mansion DCCJ 5071/2014; Ho v IO of Kiu Yu and Kiu Fat Mansion DCCJ 2116/2015; U Po Chu v Tsang DCMP 467/2013; Chan v IO of Wing Hong Factory Building DCCJ 1736/2014 etc.
• Adverse possession involving waters: Siu v Teng DCCJ 2388/2017.
• Adverse possession involving airspace: Tang v Youngfield Limited CACV 329/2018.