Secretary contact (Ms. Emy Sum)
Overview
Vincent has a busy civil practice with an emphasis on commercial and company matters. He has developed substantial expertise and is regularly engaged in high profile shareholders disputes and winding up matters. His cases frequently involve complex elements of trust law, fiduciary obligations and equitable remedies, in view of his ability to successfully unpick nuanced and elaborate factual matrices.
He also has significant teaching experience in these areas, which he is passionate about and finds rewarding.
Vincent has extensive experience in conducting long and heavy civil trials (in English and Cantonese) and does so increasingly in his own right. His body of work is a testament to the successful practice he has developed in a career at the Bar that has spanned almost two decades. Vincent is adept at handling high-calibre disputes imbued with complexity. Given that he increasingly acts unled, he has honed his frontline advocacy skills and is known for being “concise, to the point and focused.” In the courtroom, he speaks compellingly and with authority, and he deploys his multi-dimensional approach to problem solving to achieve the best possible outcomes for all his clients. In particular, he acted for one of the defendants (a former director of a listed company) in the landmark China Shanshui trial (HCA 2880/2015). The factual and legal issues involved were extremely complex and intricate. The hearing bundles were taxing and voluminous. The trial was set down for 42 days, with 8 teams of lawyers (1 legal team for the Plaintiffs, 7 legal teams for 10 defendants) and 17 counsel taking part. Amongst the 8 teams, Vincent was the only counsel who appeared and acted unled.
Vincent also appeared for the successful squatter in Monat Investment Ltd v Lau Chi Kan Kenith [2023] 2 HKLRD 1311. This is now the landmark case in Hong Kong on the illegality defence in all civil areas, replacing the classic Tinsley “reliance” test with the new Patel test.
Vincent has been recognised by Asia Pacific Legal 500 as a Tier 1 Leading Junior in Commercial Disputes ever since the guide was published to cover the Hong Kong Bar.
In terms of judicial appointments, Vincent was appointed to sit as a Temporary Deputy Registrar of the High Court (effectively a High Court Master) and as a Deputy District Judge.
Vincent is experienced in advising and appearing in financial and commercial arbitration matters, including acting for banks, private equity funds and securities firms.
Selected Cases
- (HKIAC proceedings) – Acted for a PRC investment fund against a securities firm regarding unauthorized investments of around US$22m.
- (HKIAC proceedings) – Acted for a leading PRC-based investment bank where the key dispute concerns the “internal rate of return” concept and whether it constitutes an unenforceable penalty clause.
- Polytec Overseas Ltd v Grand Dragon International Holdings Co Ltd [2017] 3 HKLRD 258 – stay of proceedings in favour of arbitration.
Vincent is experienced in handling cases involving banking and financial services, frequently involving securities and secured lending.
Selected Cases
- Tsang Yan Kwong v 360 HK Ltd, HCA 548/2017 –injunction over the custody of listed company shares for disputes arising out of a share mortgage.
- Ng Kin Siu v Gentle Soar Ltd, CACV 232/2022 – an appeal in relation to a debt under a promissory note.
- Chung Yuen Chu v Cosimo Borrelli, CACV 173/2018 – appeal on the nature of the right of redemption of a share pledge.
Vincent is experienced in handling asset recovery litigation as a result of fraud and other misconduct, including advising on and appearing in urgent and freezing injunctions
Selected Cases
- Rich & Honour Management Ltd v Ming Yang Capital Ltd, HCA 1559/2023 – application for a freezing injunction application against an investment manager in relation to unauthorized use of investment funds.
- JG8 LLC v Quwu Trading Ltd, HCA 754/2022 –summary judgment application against a second-tier recipient brought by a victim of fraud.
- Meidi Investment Holding Ltd v BSC Capital Ltd, HCA 1445/2021 – application for a proprietary and freezing injunction regarding an international share pledge fraud involving a listed company.
Vincent has extensive experience in handling commercial and company disputes, and has been recognised by Asia Pacific Legal 500 as a Tier 1 Junior Counsel in the area of commercial disputes ever since the Guide was published to cover the Hong Kong Bar.
Highlighted cases
China Shanshui Cement Group Ltd v Zhang Caikui, HCA 2880/2015
A 42-day trial regarding a claim brought by a listed company against its former directors for breach of duties and unlawful means conspiracy.
China Medical Technologies Inc v Wu Xiaodong, HCA 3391/2016
Appeared in various interlocutory applications in relation to a claim brought by an insolvent listed company (controlled by liquidators) against some former directors for breach of directors duties. The claim amount exceeds US$500m.
Wing Hong Construction Ltd v Hui Chi Yung, HCA 1423/2015
Trial of a claim brought by an insolvent listed company (controlled by liquidators) against former directors for breach of directors duties, which involve issues as to when directors should take into account the interests of creditors.
Other Cases
- Barco Investments Ltd v Wong Yan Ho, HCA 1184/2022 – a claim brought by an investment company who alleges to have been defrauded through misrepresentation of a third party.
- AHS Device Hongkong Ltd v VT Zero Ltd, HCA 197/2022 – a joint venture dispute which concerned the sale of second-hand mobile phones on online platforms in the European market.
- Ng Kwok Piu v To Pui Kui, HCA 51/2007 – trial over an alleged restructuring of family companies involving allegations of forger.
- Shun Hing Holdings Co Ltd v Li Kwok Po David, HCA 664/2012 – a claim brought by a company against a former (deceased) director for misappropriation of corporate assets of over HK$870m.
Vincent regularly advises and appears in company and winding up matters, in particular those concerning shareholders’ disputes. Vincent is also experienced in advising and appearing for listed companies in undergoing schemes of arrangement / corporate rescue.
Highlighted cases
Yau Tin Man v Aitken Enterprises Ltd, HCCW 202/2018
A shareholders dispute of an electronics company in which a winding up relief is sought.
Re Primlaks (HK) Ltd [2016] 2 HKLRD 31
Application for leave to commence a statutory derivative action.
Re Birmingham International Holdings Ltd, HCMP 395/2015
Minority shareholders of a listed company seeking to extend the office of appointed receivers.
GW Electronics Co Ltd v Toshiba Electronics Asia Ltd, HCMP 1449/2018
Effect of a stay of a winding up order and the power of the directors to act for the company upon such a stay.
Other Cases
Scheme of arrangements involving distressed listed companies
- Re Softmedx Healthcare Ltd, HCMP 1126/2023.
- Re M-Resources Group Ltd, HCMP 6/2022.
Other company cases
- Re Asia View Enterprises Ltd, HCCW 189/2020 – application to strike out of a winding up petition.
Vincent has extensive experience in handling cases involving complex elements of trust law, fiduciary obligations and equitable remedies in view of his significant teaching experience in these areas. This includes both disputes among family members (e.g. a common constructive trust over family properties) and in the wider commercial context (e.g. directors’ duties and accessory liability in equity).
Highlighted cases
Liu Hsiao Cheng v Wong Shu Wai [2018] 1 HKLRD 1087
Applicability of limitation periods to claims against a fiduciary / de facto director .
Shun On Finance Ltd v Wong Fung Kwan, CACV 439/2022
An appeal concerning an alleged constructive trust and the effect of an estoppel by deed.
Chum Mei Diu v Sum Fan Hung, HCA 946/2013
Trial concerning a dispute between 2 sisters over the beneficial ownership of a flat.
Other Cases
- Chow Kwun Chung v Leung Yi Sze, DCCJ 2577/2018 – trial concerning a dispute over an alleged common intention constructive trust and the intention of a deceased person during her lifetime.
Vincent regularly advises on and appears in cases concerning land disputes. He has extensive experience in conducting trials on adverse possession.
Highlighted cases
Monat Investment Ltd v Lau Chi Kan Kenith [2023] 2 HKLRD 1311
An appeal regarding an adverse possession claim. This case is now the leading authority on the illegality defence in Hong Kong (in the broader civil context).
Foremost Hill Ltd v Li Hon, HCA 2555/2013
Trial concerning adverse possession by a co-owner over a unit within a building governed by a Deed of Mutual Covenant.
2004
P.C.LL., University of Hong Kong
2003
LL.B., King’s College London
- Solicitor (Hong Kong): 2006-2007
- Legal 500 Asia Pacific, Greater China Hong Kong Bar 2025-2026 (Commercial Disputes – Leading Juniors Tier 1)
- Legal 500 Asia Pacific, Greater China Hong Kong Bar 2024-2025 (Commercial Disputes – Leading Juniors Tier 1)
- Legal 500 Asia Pacific Hong Kong Bar 2023 (Commercial Disputes – Leading Juniors Tier 1)
- Legal 500 Asia Pacific Hong Kong Bar 2022 (Commercial Disputes – Leading Juniors Tier 1)
- Legal 500 Asia Pacific Hong Kong Bar 2021 (Commercial Disputes – Leading Juniors Tier 1)
judicial appointments
- Temporary Deputy Registrar of the High Court (April 2019, November 2021)
- Deputy District Judge (May 2018, June and August 2022)
professional appointments
- Hong Kong Bar Association, Executive Council (2016 – 2017)
academic appointments
- University of Hong Kong, Faculty of Law, Part-time Lecturer & Course Coordinator (Equity & Trusts for the JD Program)
- University of Hong Kong, Faculty of Law, Part-time Lecturer (Equity & Trusts for the LLB Program)
- Middle Temple Scholarship for Advocacy Training (2008)
- Dechert Company Law Prize (2003)
- Sir Edward Youde Memorial Scholarship for Overseas Studies (2000)
- South China Morning Post’s Student of the Year (Runner-up) (1999)
- Grantham Scholar of the Year, HKSAR Government (1999)
- Hong Kong Civil Procedure (2009 – Present) (Contributor)
- The Annotated Ordinances of Hong Kong (Securities and Futures Ordinance (Cap. 571)) (2020 – Present) (Contributor)
- Butterworths Hong Kong Securities Law Handbook (2020 – Present) (Contributor)
- Hong Kong Atkin’s Court Forms on Equitable Remedies (2021) (Author)
