Home > Practice > Dispute Resolution > Latest focuses

The following represents certain major cases or disputes handled by us:-

Administrative law and judicial review

  • We successfully resisted applications of two incumbent legislators brought ... [Read More]

    We successfully resisted applications of two incumbent legislators brought before the Appeal Committee of the Court of Final Appeal to seek leave to appeal to the Court of Final Appeal from judgments of The Honourable Lam JA dismissing an election petition and related applications for leave for judicial review. In the determination, the Appeal Committee identified two questions of law of great general or public importance viz (a) How do challenges to a Chief Executive election by way of an election petition relate to challenges pursuant to the judicial review procedure? (b) Does the seven-day time limit in our statute involve any infringement of the right of access to court and therefore unconstitutional? The Appeal Committee gave leave to the parties to appeal on the above questions though they had become academic. (FAMV 21, 22, 24-26, 34-36 of 2012) http://legalref.judiciary.gov.hk/lrs/common/ju/ju_frame.jsp?DIS=84330&currpage=T">http://legalref.judiciary.gov.hk/lrs/common/ju/ju_frame.jsp?DIS=84330&currpage=T

  • We acted for the first respondent in HCAL85/2012 in resisting the petitione ... [Read More]

    We acted for the first respondent in HCAL85/2012 in resisting the petitioner, an incumbent legislator, in his application for extension of time in respect of his lodging an election petition against our client. Lam JA delivered judgment on 5 October 2012 ruling that since here is only one statement pleaded by the petitioner which was not struck out nor conceded, the petitioner’s case has no real prospect of success, the petitioner has no meritorious case to support an application for extension of time and in the interest of justice, the petition was dismissed. http://cablev.i-cable.com/video/?id=133283&lang

  • We acted for an elected District Councillor in defending an Election Petiti ... [Read More]

    We acted for an elected District Councillor in defending an Election Petition lodged against her in the High Court, challenging the results of the election on the stated grounds of alleged corrupt and illegal conduct. Nine months after lodging the Petition, the Petitioner conceded that there was no merit to continue and applied for leave with the High Court to withdraw the Election Petition. Lam JA agreed to sanction the withdrawal with costs of the proceedings awarded to our client. The District Councils Ordinance and the District Councils (Election Petition) Rules provide special and stringent statutory requirements to be followed by the parties involved in the Election Petition on withdrawal of an Election Petition. One of the special requirements is to file evidence to satisfy the court that there is no collusion between the petitioner and the respondent in withdrawing an Election Petition. Mr Alex Chan, partner, assisted by Sharon Pang, trainee solicitor, handled the case. (Case number: HCAL 13/2012)

  • In HCAL 83 and HCAL 84 of 2012, we successfully acted for the Putative Resp ... [Read More]

    In HCAL 83 and HCAL 84 of 2012, we successfully acted for the Putative Respondent in opposing the applications by way of judicial review of two former legislators as Applicants in applying for leave of the High Court to challenge the Putative Respondent’s election as the Chief Executive of Hong Kong Special Administrative Region. The hearing took two days (12 and 13 July 2012). On 30 July 2012, the Hon Lam J delivered his Judgment refusing to grant leave to the Applicants for their challenge. The case was handled by our partners Tommy Tam and Roy Leung, supported by our trainee solicitor Alan Wong and supervised by our senior partner Peter Sit. http://www.sfks.com.hk/en/profile/ournews_details.php?id=165

  • We have acted for the applicants in their judicial review application again ... [Read More]

    We have acted for the applicants in their judicial review application against the Secretary for Justice, regarding a ruling the Deputy District Court Judge has made against them. The offences brought against the applicants were not, as contended by them, time barred in terms of section 120A of the Copyright Ordinance, Cap. 528 ("the Ordinance") which provides that "No prosecution for an offence under this Ordinance shall be commenced after…1 year from the date of discovery of the offence by the prosecutor…". On behalf of the applicants, we sought an order of certiorari to quash the ruling on the basis that it was wrong in law. We also demanded a declaration that all the charges which were the subject of the order of certiorari were time-barred and that the District Court had no jurisdiction to deal with them; alternatively the matter be remitted to the District Court for a fresh determination in accordance with law. The central issue for determination at the Judicial Review was whether the judge in the District Court was correct in law in his interpretation of the phrase "discovery of the offence by the prosecutor", as that phrase is used in section 120A of the Ordinance. The High Court judge concluded that the ruling of the District Court was wrong in law and must be quashed. He granted an order of certiorari, removed the ruling of the District Court into the Court of First Instance, and quashed that ruling together with orders made under it. Consequently, the matter was remitted to the District Court for determination in accordance with law.

  • We have applied for judicial reviews on behalf of our client to challenge t ... [Read More]

    We have applied for judicial reviews on behalf of our client to challenge the decisions made by the Trade Marks Registry. The Trade Marks Registry refused to grant leave to adduce some of the relevant evidence in reply and further evidence under the then Trade Marks Rules. It had also refused an application to amend the Grounds of Opposition by adding a new ground under the then Trade Marks Ordinance.

  • We applied for judicial review on behalf of our clients to challenge the In ... [Read More]

    We applied for judicial review on behalf of our clients to challenge the Insider Dealing Tribunal as to its independence, impartiality, and constitutionality of the tribunal's composition, on the grounds of apparent bias and procedural fairness.

  • We acted for the applicant in a judicial review against the Governor in Cou ... [Read More]

    We acted for the applicant in a judicial review against the Governor in Council (now the Chief Executive in Council) and The Secretary for Transport (Respondents) regarding the development proposal of the Transport Department for road works developments in Ma Wan Island in 1995.

Injunction applications

Arbitration

Banking and financial disputes

Building management disputes

  • We have advised various property management companies and the Incorporated ... [Read More]

    We have advised various property management companies and the Incorporated Owners ("IO") on the meeting procedures. We advised them on rights and liabilities under the DMC, management agreements and in law. Moreover, we have advised on the interpretation and operation of the Building Management Ordinance, Cap.344. We have also issued pre-action letters and advised on claims against owners for illegal structures, arrears of management fees and contributions, unlawful use of common areas, and registering Memorandum of Charges, etc.

  • We have acted for a government body in a series of proceedings brought by t ... [Read More]

    We have acted for a government body in a series of proceedings brought by the management committee members of an estate’s IO at the Lands Tribunal, High Court and Court of Appeal. The proceedings involved issues of the validity of the owners’ general meetings and resolutions passed, term of office of the management committee members, and voting procedures, etc. We represented our client at injunction proceedings, security for costs applications, appeal proceedings, taxation proceedings, enforcement proceedings and various interlocutory proceedings.

Court of Final Appeal cases

  • Victory in the Court of Final Appeal - We scored victory for the appellants ... [Read More]

    Victory in the Court of Final Appeal - We scored victory for the appellants in a recent appeal to the Court of Final Appeal (Case number : FACV No. 4 of 2011). The Court of Final Appeal quashed all findings of insider dealings and set aside all financial orders made by the Insider Dealing Tribunal against our clients. It is one of the rare cases in which the Court of Final Appeal saw fit to intervene on the ground of grievous injustice despite concurrent findings against our clients by the Insider Dealing Tribunal and the Court of Appeal. We are representing clients in another related appeal to the Court of Appeal (Case number : CACV No. 255 of 2009), which is pending the result of the decision of the Court of Final Appeal in FACV No. 4 of 2011. The total amount of profits ordered to be disgorged and penalty imposed by the Insider Dealing Tribunal in the two cases exceeds HK$70 million.

  • We have represented a subsidiary company of a Hong Kong listed company in a ... [Read More]

    We have represented a subsidiary company of a Hong Kong listed company in a claim by a Shanghai listed company in a letter of credit dispute. The Plaintiff's causes of action were based on implied contract, restitution and unjust enrichment. The case went all the way from the Court of First Instance to the Court of Final Appeal. We have successfully defended the claim for client.

  • We have acted for a Hong Kong company in its appeal against the Court of Ap ... [Read More]

    We have acted for a Hong Kong company in its appeal against the Court of Appeal's decision at the Court of Final Appeal (“CFA”). The main issue before the CFA concerned the meaning and proper interpretation of "subject to tenancy", a commonly used phrase in provisional sale and purchase agreement. The CFA ruled in favour of our client and allowed the appeal.

  • The firm has acted for a client in seeking leave to appeal to the Court of ... [Read More]

    The firm has acted for a client in seeking leave to appeal to the Court of Final Appeal from a Court of Appeal decision, which concerned the client’s intended appeal from the decision of the Insider Dealing Tribunal.

  • The firm has obtained leave to appeal to the Court of Final Appeal for over ... [Read More]

    The firm has obtained leave to appeal to the Court of Final Appeal for overturning a decision of the Insider Dealing Tribunal. The substantive hearing of the appeal by the Court of Final Appeal, and another related appeal to the Court of Appeal are still pending, involving sums over HK$70M in total.

  • The firm has acted for a client in a complex commercial crime against ICAC’ ... [Read More]

    The firm has acted for a client in a complex commercial crime against ICAC’s prosecution. We have obtained leave of the Appeal Committee to appeal to the Court of Final Appeal on both limbs of the point of law of great and general importance, and the substantial and grave injustice ground. Eventually, we succeeded in the substantive appeal before the full bench of the Court of Final Appeal, by overturning the verdict of conspiracy to defraud. The case has later become one of the leading authorities on the technical issue of substitution of charges.

Commercial and trade disputes

Company / partnership disputes

Criminal law matters

  • Our litigation team, led by our Senior Partner, Peter Sit and Partner, Alex ... [Read More]

    Our litigation team, led by our Senior Partner, Peter Sit and Partner, Alex Chan, and comprising Rocky Wong, Alan Wong, Josephine Tang, Regina Ng and Christina Tsang, is pleased to report that after a four nights five days’ deliberation, the jurors in HCCC98/2013 have returned acquittal verdicts on all four counts (conspiracy to commit misconduct in public office, furnishing false information and conspiracy to offer an advantage to public servant) laid by the prosecution against our client Mr Raymond Kwok. The trial lasted 131 days, beginning on 8 May 2014 and the verdicts for the 19 counts against all five defendants were announced on 19 December 2014. The other four defendants in the case were convicted for one count to five counts of similar offences respectively. Mr Kwok has fully vindicated his innocence in respect of all the allegations leveled against him in the case, reported as the biggest corruption prosecution in the history of Hong Kong. A former chief secretary of the Hong Kong government was one of the defendants. Mr. John Kelsey-Fry, a top UK Queen’s Counsel specialized on criminal jury trials was instructed to represent Mr Kwok; he was assisted by Mr Steven Kwan, a local junior counsel, throughout the case.

  • Our litigation team comprising Peter Sit (senior partner), Alex Chan (partn ... [Read More]

    Our litigation team comprising Peter Sit (senior partner), Alex Chan (partner), Rocky Wong (senior associate), Alan Wong (associate) and three trainee solicitors, Josephine Tang, Regina Ng and Christina Tsang acts for one of the five defendants in what is reputed as the biggest corruption case in the history of Hong Kong. The first defendant in the case is Mr Rafael Hui (not our client), the former Chief Secretary of Hong Kong from 30 June 2005 to 30 June 2007. Hearing started in the High Court of Hong Kong on 8 May 2014. The first two weeks had been taken up by pretrial applications. On 26 May, a jury was empanelled, only to be discharged on 28 May. A new jury panel of nine is expected to be chosen on 4 June 2014.

  • We have applied for leave to appeal to the CFA on an ICAC case.

  • We have handled a wide variety of criminal actions including fraud and dece ... [Read More]

    We have handled a wide variety of criminal actions including fraud and deception, conspiracy, breach of trust, theft, bribery, bookmaking, misusing computer, practicing without being a registered practitioner or holder of a relevant practicing certificate, assault cases and traffic offences. We have also represented clients in investigations and litigations by the Police, ICAC, and SFC.

  • In the judgment on costs published on 28 September 2012, Hon Lam J awarded ... [Read More]

    In the judgment on costs published on 28 September 2012, Hon Lam J awarded costs in favour of the firm’s client, the putative respondent in HCAL83&84/2012, against two incumbent legislators, the applicants in the above two High Court Actions. The guiding principle governing the award of costs in Hong Kong in respect of leave application in which a putative respondent appears and successfully resists leave (as in the present case) is well-settled: costs will be awarded only in the unusual circumstances.

  • In HCMP 2475/2012, we successfully applied for the admission of a UK Queen’ ... [Read More]

    In HCMP 2475/2012, we successfully applied for the admission of a UK Queen’s Counsel to come to Hong Kong to represent one of our clients in a very substantial criminal case. In his reasons for judgment, the Chief Judge remarked that while the ‘unusual difficulty and complexity’ ground is certainly a familiar ground or category for admission of overseas counsel, it has to be emphasized that the ultimate test or consideration for admission of overseas counsel is that of the public interest. The Chief Judge described the present case might involve ‘the most unique and exceptional circumstances’…when ‘the reputation and integrity of the executive branch of the Hong Kong SAR Government and its system of governance are at stake…’. Nowadays it is increasingly difficult to bring overseas counsel to Hong Kong to represent clients in trial despite their eminence. The Hong Kong Bar Council objected to the application. This case is handled by Peter Sit (senior partner), Alex Chan (partner) and Rocky Wong (senior associate) together with a team of litigation lawyers of the firm. (case number: HCMP 2475/2012)

Intervention

Compliance and regulatory matters, professional investigations, disciplinary proceedings, etc.

  • Our firm continues to assist clients in dealing with the aftermaths of vari ... [Read More]

    Our firm continues to assist clients in dealing with the aftermaths of various statutorily sanctioned elections. The election laws in Hong Kong are unique, complicated (contained in several Ordinances) and in some cases, riddled with pitfalls. Hence the joke is, one may think our election law is deterring than encouraging people to take part in public office elections. Lately we have again successfully applied to High Court (HCMP No.9 of 2013) for relief on behalf of an Election Committee election candidate to amend his election return; without that relief, the consequence could be draconian. We have just received similar instructions to act for two new clients. We anticipate our knowledge and skill in the election law will help more people in future. Our election law team comprises our senior partner Peter Sit, partner Roy Leung and senior trainee Alan Wong.

  • We successfully resisted an application brought to seek leave to appeal to ... [Read More]

    We successfully resisted an application brought to seek leave to appeal to the Court of Final Appeal from a judgment of the Court of Appeal which upheld the order of a professional disciplinary tribunal. The Court of Appeal held that all 3 substantive appeal grounds identified by the Applicant, namely, privilege against self-incrimination, principle of res judicata as well as procedural fairness, were of no merit and hence refused to grant leave to the Applicant. The case is handled by our partner Mr. Tommy Tam, assisted by trainee solicitor Ms. Caddy Mo. (Case No.: CACV 60/2012)

  • We prevailed in another appeal to the Court of Appeal which was brought fro ... [Read More]

    We prevailed in another appeal to the Court of Appeal which was brought from an order of a professional disciplinary tribunal. Pursuant to the relevant professional rule, our client requested an answer from the Appellant to a specific question in relation to a complaint lodged against him. The Appellant failed to reply promptly and satisfactorily and was disciplined by the tribunal as a result. Upholding the tribunal’s order, the Court of Appeal held that the two major grounds of appeal, namely, privilege against self-incrimination as well as the principle of res judicata, had no merit. This case was handled by Mr. Peter Sit, our Senior Partner, assisted by Mr. Tommy Tam, our partner and Ms. Caddy Mo, trainee solicitor. (Case No : CACV 60 of 2012 )

  • Following our success in the Court of Final Appeal in FACV 4 of 2011, we ha ... [Read More]

    Following our success in the Court of Final Appeal in FACV 4 of 2011, we have once again vindicated our clients in another appeal from the decision of the Insider Dealing Tribunal in CACV 255 of 2009. Upon allowing the appeal on 6 December 2012, the Court of Appeal quashed all findings of insider dealings and set aside all the orders made against our clients by the Insider Dealing Tribunal on grounds of errors of law made by the tribunal. The orders set aside by the Court of Appeal included orders for disgorgement of actual and nominal profits made from alleged insider dealings in the total sum of HK$69,857,378. The Court of Appeal further ordered the Financial Secretary being the 2nd Respondent in the appeal to pay the costs incurred by our clients in the appeal and the inquiry conducted by the Insider Dealing Tribunal. This marathon litigation started in 2005, throughout it has been handled by our partner Tommy Tam, joined by Mr Sidney Ho, associate since 2006 and recently Sharon Pang, trainee solicitor also joined the team.

  • We continued to sharpen our practice on Election Law. On 9 October 2012, on ... [Read More]

    We continued to sharpen our practice on Election Law. On 9 October 2012, on behalf of one of our clients, we successfully applied to the High Court to obtain an order to correct his Election Return in pursuance of the Order of The Honourable Madam Justice Au-Yeung (HCMP1112/2012). The firm’s Election Law team comprises Mr Tommy Tam, Mr Roy Leung (both partners), Mr Alan Wong and Ms Josephine Tang.

  • Peter Sit and Alex Chan accompanied a total of five witnesses to attend and ... [Read More]

    Peter Sit and Alex Chan accompanied a total of five witnesses to attend and give evidence at the Select Committee of the Legislative Council of Hong Kong, set up to study Mr LEUNG Chun-ying’s Involvement as a Member of the Jury in the West Kowloon Reclamation Concept Plan Competition and Related Issues. Several hearings were conducted by the Select Committee in the months from February to April this year and the report of the Select Committee is expected to be published before 1 July 2012.

  • The firm has been advising clients on the Hong Kong election law covering t ... [Read More]

    The firm has been advising clients on the Hong Kong election law covering the Chief Executive election for 2012 which is ongoing and the District Board elections for 2011 where election Petitions are beginning to emerge. On the criminal side, the firm is assisting other clients to deal with police investigations in election irregularities. This is a new developing area of law which is both interesting and complicated owing to Hong Kong’s incoherent election law that is covered by several different ordinances. The team is headed by Peter Sit, assisted by the firm’s litigation partners, associates and trainee solicitors.

  • Roy Leung represented a senior officer of a financial institution to attend ... [Read More]

    Roy Leung represented a senior officer of a financial institution to attend an interview before the Disciplinary Committee of the Professional Insurance Brokers Association (PIBA).