Since admission as a solicitor in 1999, Roy has practised law for over 25 years, during which he has developed a wide spectrum of legal services, with focus on litigations, arbitrations and dispute resolutions. He is welcome by clients for proactive strategies and pragmatic solutions. He is particularly trusted by private clients to take care of a diverse range of personal legal issues.
Commercial disputes and companies proceedings
- Acted for banks, multi-national enterprises, listed companies and businessmen in complex commercial actions, debt recovery cases, contractual disputes, cross-border litigations; international trading disputes; injunction actions; enforcement proceedings; etc.
- Acted for China CITIC Group in a series of court actions and successfully obtained Bankruptcy Order against Pan Sutong and Winding-up Order his company for recovery of HK$8 billion defaulted loan
- Accompanied clients to attend foreign court hearings and trials in London, the BVI, St. Lucia, etc.; provided instant legal supports and liaised with offshore legal team seamlessly
- Handled shareholders’ disputes, boardroom disputes, investment disputes and share-redemption matters; just and equitable winding-up and unfair prejudice issues; deadlock cases; quasi-partnership matters
- financial disputes concerning structured products, investment advice, factoring and credit facilities, syndicated loans; etc.;
Insolvency & Restructuring
- Representing debtors / creditors in winding-up proceedings and bankruptcy proceedings; resisting statutory demands
- Providing strategic advice to supporting / opposing creditors in court proceedings and settlement negotiations
- Handled the first two cases in HK’s judicial history for recognition of PRC’s liquidators/administrators by Hong Kong court:
- ReCEFC Shanghai International Group Ltd [2020] 1 HKLRD 67
- ReThe Liquidator of Shenzhen Everich Supply Chain Co, Ltd [2020] HKCFI 965
- Advising clients in nomination and appointment of liquidators; handled landmark case in HK for creditors in application for removal of liquidators and discharging Regulating Order
- Re Blockchain Group Co Ltd (in Liquidation) [2019] HKCFI 1522
- Conducting scheme of arrangement for distressed business and advising client in corporate rescue
- Liaising with white-knight investors and advising on resumption of trading on HKEx
Civil Litigation
- property related matters and tenancy disputes; land recovery projects; developer’s claim; adverse possession; land exchange matters; conveyancing disputes; ownership dispute and trust issues; etc.;
- judicial review proceedings;
- matrimonial disputes including big money divorce cases; contested divorce proceedings; claims for maintenance; judgment summons and other enforcement processes; issues regarding custody, access and removal of children; guardianship of minors; etc.;
- employment problems; handle claims about summary dismissal and statutory compensation; advise on Labour Tribunal proceedings; review HR policies and employees handbook; etc.;
- building management issues; water-seepage complaints; Lands Tribunal proceedings; represent Incorporated Owners, management companies and individual owners in meetings; advice on DMCs and Building Management Ordinance; etc.
Contentious probate actions
- regularly providing advice in contested probate litigations; conducting contentious probate actions; representing administrator / executor and advising on rights, obligations and powers; advising beneficiaries on rights and remedies; dealing with contentious issues on interpretation of wills, mental capacity of testators, allegations of undue influence, etc.; liaising with medical experts, valuation experts, etc; representing clients in mediations; supporting clients in settlement negotiations; advising on settlement terms and documentation; advising in disputes over implementation; etc.
- handling beddoe applications and sanction applications to the Hong Kong court;
- selected landmark cases:
- HCA 1739/2010, etc. – Nam Fung – DrChen Din Hwa Family
- (Received appointment by the High Court in 2016 to act as the next friend to continue the action on behalf of Madam Yang, lawful spouse of Dr. Chen in her claims over inter vivo distributions, and won the judgment for over HK$8 billion; further appointment by the High Court in 2020 to represent Madam Yang’s estate after her demise)
- Estate of Dr Fok Ying Tung Henry
- (Representing the 2nd and 3rd Families in various probate actions and settlement negotiations)
- HCAP 31/2018 – Re The Estate of Ip Chan Kee
- (Winning the first case in Hong Kong’s judicial history discussing and ruling on the principle of “fraudulent calumny”, which is an ancient legal doctrine involving a representor making a false representation about the character of another potential beneficiary to a testator with the purpose and effect of inducing the testator to make testamentary dispositions that are adverse to that other potential beneficiary)
Non-contentious estate arrangements and succession planning
- Advising clients on succession planning involving complex family branches; drafting structured wills; handling local and cross-border estate arrangements; advising on pre-marriage and pre-migration planning; etc.
- Advising clients in setting up trusts and related vehicles; liaising with professional trustees for bespoke services and functions; reviewing trust deeds and related documents; advising on trust structure, corporate re-structuring before settlement in the trust, class of beneficiaries, approaches for administration of trust, management of the underlying assets and business after settlement in the trust, power of the trustees, appointment of protector, tax issues and implications, letter of wishes, etc.;
- Attending probate and administration of estate; application for Grant of Probate and Letters of Administration; reviewing cross-border probate issues and application for re-sealing of foreign grant in the Hong Kong court; drafting deeds of family arrangement; assisting in administration and realization of the estate; advising on distribution of the estate among beneficiaries for the administrator/ executor
- taking appointment by testator, parties and/or the Hong Kong court to act as professional trustee for the estate in contentious or non-contentious cases
- Advising clients on enduring power of attorney (EPOA), medical directives, etc.
- establishing charitable trusts or scholarship trust fund; advising on implementation of the establishment; attending application under section 88 of the Inland Revenue Ordinance for tax exemption to charitable organization; incorporating company limited by guarantee and drafting the memorandum and articles of the company;
SFC proceedings and HKEx matters
- Advising listed companies and directors in claims and disciplinary proceedings by the Hong Kong Stock Exchange in relation to compliance issues; advising on regulations under the Listing Rules
- Providing urgent legal support to clients in raiding operations; assisted clients in investigations by the SFC; attending SFC interviews with clients
- Handling court proceedings instigated by the SFC; attending carecraft procedures
Criminal Litigations
- Advised a client in Hong Kong in contesting the biggest bribery case in Macanese history; working with offshore legal team in the course of the trial and subsequent appeals;
- Handling criminal cases and summonses at Magistrates' Courts and District Court; conducting bail applications and mitigations as advocate; preparing written representations and handling binding-over procedures;
- Attending appeal proceedings in High Court, Court of Appeal and Court of Final Appeal;
- Advising clients in ICAC investigations; regulatory and compliance matters including representing clients in defending charges and claims from various government departments including the Customs and Excise Department, the Immigration Department, the Agriculture, Fisheries and Conservation Department and other government authorities.
Domestic and international arbitrations
- Handling arbitration proceedings involving contractual disputes, share redemption disputes, shipping cases, etc.
- Advising client on commencement procedures, nomination and appointment of arbitral tribunal, interlocutory matters and injunctive measures, etc.
Election cases
- Represented the former Chief Executive of the HKSAR in successfully contesting Election Petition and judicial review from the High Court all the way to the Court of Final Appeal
- Represented election candidates in court proceedings for correcting expenses in election returns
Claims and proceedings with professional bodies such as
- Medical Council
- Veterinary Surgeons Board
- Estate Agents Appeal Panel
- Hong Kong Federation of Insurers
- Professional Insurance Brokers Association
- Liquor Licensing Board
- Equal Opportunities Commission
- Office of the Ombudsman
- Office of the Privacy Commissioner for Personal Data
