Professional Practice

Thomas is developing a broad civil and arbitration practice (including cases involving a criminal dimension) and accepts instructions in all areas of Chambers’ work; he is also a Fellow of the Hong Kong Institute of Arbitrators. He is comfortable with being instructed as sole counsel or a member of a larger team. He is capable of providing written submissions and conduct hearings in both English and Chinese (traditional/simplified).

Prior to commencing practice, Thomas served as a Judicial Assistant at the Hong Kong Court of Final Appeal. In this capacity, he assisted in substantive appeals, applications for leave to appeal and other legal research and publications on a variety of private law and public law matters.

Thomas has contributed to practitioners’ texts and published at peer-reviewed legal periodicals, including matters involving cross-border elements and conflict of laws.

A detailed CV (English / Chinese) is available upon request.

Read More
Expand All Hide All
Selected Cases

Arbitration

  • Acting for an investor against a trust management services company for default in periodical payments from trust fund and return of principal (ICC Rules)
  • Acted for a Hong Kong cosmetics and skincare products company in a 5-day trial for breaches of joint venture agreement with claims over HK$300 million (HKIAC Rules) (with Samuel Wong)
  • Advised a PRC state-owned enterprise on potential arbitration proceedings arising from failure to deliver metal ores due to supplier’s administration proceedings (LCIA Rules) (with Samuel Wong)

Banking and Finance

  • Xue Xiaoyun v Susan Yung and BOCI Securities Limited HCA 2526/2018 (with Samuel Wong) — negligent misstatements by investment advisor on cross-border transactions, vicarious liability of securities firm (judgment pending)
  • Yinggao Resources Limited and another v The Hongkong and Shanghai Banking Corporation Limited [2024] HKCA 1130 (with Tanie Toh) — Breach of banking mandate and negligence dispute arising from loss in metal trading contracts; application for leave to amend pleadings to claim loss from lost opportunities to invest
  • Advised a money lender on the recovery of loans, enforcement of share mortgage and debentures, and application for pre-action discovery

Civil Fraud and Asset Recovery

  • Lung Chi Man Jowai v Ko Tai Chu DCCJ 4130/2021 — Obtained summary judgment for recovery of investment sum arising from failure to complete a project concerning the purchase and sale of land
  • Advising an investor on intended claims for investment fraud over ownership and control of an industrial plant in the PRC

Commercial

  • Michael Yap and another v Lai Yip Dyeing Factory Limited and others HCA 1084/2011 (with Samuel Wong) — Obtained order for payment following 3-day oral examination of judgment debtors arising from judgment for failure to repay under promissory note and deed of guarantee
  • Lam Cheuk Wai Trevor, the sole executor of the Estate of Lam Hak Man (deceased) v Wong Man Hon Frederick HCA 2379/2018 — Constructive trust and unjust enrichment over failure to return profits from joint-venture investment in shares of a HKEx-listed company
  • Advising a firm of auditors on claims against a HKEx-listed company for unpaid audit fees and application for summary judgment

Company

  • In the Matter of Hong Kong Real Estate Agencies General Association Limited:
    • [2024] HKCFI 518 — Disputes on election of committees; obtained interim injunction under section 730 of the Companies Ordinance (Cap.622) restraining expulsion of members
    • CACV 74/2024 — resisting security of costs application pending appeal (judgment pending)
  • Wesoft Nationmark Limited v Nationmark (HK) Limited and others HCA 724 & 1317/2019 (with Samuel Wong) — Director’s liabilities for breach of director’s and fiduciary duties, causing loss by unlawful means, and conspiracy from failed hardware maintenance services joint-venture
  • Advising a shareholder on a derivative action against a director of a PRC company for breach of director’s duties and mismanagement of company properties

Employment

  • Advised on a Labour Tribunal claim against a multinational investment bank for payment of performance bonuses of over HK$10 million as a result of wrongful termination of employment (4-day trial fixed; settled shortly before trial)

Family

  • Pun Kwan Ying v Yeung Hoi Po HCMP 1019/2024 (with Tanie Toh) — Determination and recognition of ownership of local matrimonial properties under s.6 Married Persons Status Ordinance (Cap.192) for a PRC marriage
  • Advising on claims against the Director of Legal Aid for costs occasioned by unreasonable litigation conduct by legally-aided litigant in ancillary relief proceedings (with Tanie Toh)

Probate / Succession

  • In the Matter of the Estate of Li Wun Yee (administration of estate of local assets worth over HK$100 million and recovery actions in the PRC):
    • HCA 1436/2023 (led by Ambrose Ho SC) – acting for the estate against claims for breach of directors’ duties and breach of trust
    • HCMP 1274/2024 – application under section 570 of the Companies Ordinance (Cap.622) to appoint directors for company with no living directors or shareholders
    • HCCA 5726/2023 – resisted a passing over application by a beneficiary and caveator under section 36 of the Probate and Administration Ordinance (Cap.10)
  • Gordon David Michael George Oldham, the Administrator of the Estate of David Tang HCMP 944/2024 — Obtained a Beddoe Order in favour of the administration of the estate

Property / Trusts

  • 陳淦輝 訴 楊忠及另外二人 [2024] HKCFI 357 — 3-day trial in respect of dispute ownership of former matrimonial home with third-party purchaser

Taxation / Costs

  • 香港特別行政區  秦錦釗(收款方) taxation of costs following 97-day trial on conspiracy to export unmanifested cargo and conspiracy to commit money laundering over HK$3 billion:
    • [2024] 6 HKC 434 — Order 62, rule 34 RDC review by Taxing Master
    • [2024] HKDC 1917 (with Wing So) – Order 62, rule 35 RDC review by Judge in Chambers

Winding Up / Bankruptcy

  • Re Dada Oluwaseun John HCB 3723/2022 — obtained bankruptcy order for the petitioner law firm arising from statutory demand for unpaid legal fees
  • Advised on the presentation of proof of debt against China Evergrande Group concurrent or alternative to commencement of arbitration proceedings for breach of investment agreements by members of its board of directors
Call/Rights of Audience
  • Hong Kong (2022)
Education
  • Postgraduate Certificate in Laws, University of Hong Kong
  • Master of Laws, London School of Economics and Political Science (Merit)
  • Bachelor of Laws, University of Durham (1st Class Honours)
Professional Appointments & Memberships

Appointments:

  • Member of the following Committees of the Hong Kong Bar Association:
    • Standing Committee on International Practice (2023 – Present)
    • Practice Committee on Arbitration (2024 – Present)
    • Practice Committee on Companies Law (2023 – Present)
  • Tutor, City University of Hong Kong (2024)
  • Lecturer (Non-Clinical), University of Hong Kong (2023)
  • Judicial Assistant, Hong Kong Court of Final Appeal (2020 – 2021)

Memberships:

  • Fellow, Hong Kong Institute of Arbitrators (since July 2024)
  • International Editor (Asia), Cambridge Law Review (2019 – 2020)
Publications, Lectures & Seminars

Seminars

  • “Winding Up in Light of Potential Arbitration and Jurisdictional Issues: Recent Developments” (CPD accredited; March 2024)
  • “UN Convention on Contracts for the International Sale of Goods (CISG): ‘Love it or hate it, but NEVER leave it!” (October 2023) (with Louise Barrington, Samuel Wong, and Sherlin Tung)

Practitioner Texts

  • “Bankers” and “Bills of Sale” in Bullen and Leake and Jacob’s Hong Kong Precedents of Pleadings (4th edn) (forthcoming) (with Kenneth Lee and Tanie Toh)
  • “Winding-Up by the Court” in Company Law in Hong Kong: Insolvency 2023
  • “Vicarious Liability” and “Conflict of Laws” in Tort Law and Practice in Hong Kong (4th edn) (forthcoming)

 Academic Publications

  • “Taking ‘Public Function’ Seriously” (2021) 51(2) Hong Kong Law Journal 547–572 (with Gabriel Wan) (referred to in Chitty on Contracts — Hong Kong Specific Contracts (7th edn), §14-151)
  • Pacta Sunt Servanda in Changing Times” (Chinese University of Hong Kong, “Pacta Sunt Servanda” academic conference; 25 June 2021) (as Research Assistant to the Hon Geoffrey Ma)
  • “Maintaining Constants amongst Variable Factors: The Challenge of Equitable Accounting in the Property Context” (2021) 27(8) Trusts and Trustees 761–770 (with Benny Chung)
  • Joe Zhixiong Zhou v SAIF Partners II L.P.: The Importance of Mapping Out the Correct Corporate Structure” (2021) 27(5) Trusts and Trustees 394–405 (with Benny Chung and Bennett Au Yeung)
  • “Comparative Constitutional and Administrative Law in Hong Kong: In Search of Coherence” [2021] Public Law 261–270 (with Trevor T.W.Wan)
  • Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd: Clarifying the Steps and Issues to Consider when Lodging a Trust Claim in Cross-Border Disputes” (2021) 27(3) Trusts and Trustees 246–263 (with Benny Chung)
  • “Venturing through the Public-Private Divide under the Human Rights Act 1998: Section 6(3)(b) and the Concept of ‘Functions of a Public Nature’” (2020) V(i) Cambridge Law Review 79–104
Scholarships & Awards
  • Winner, 9th Hong Kong Human Rights Moot (2020)
  • 3 Verulam Buildings Prize for Best Overall Submission, LSE Law Review (2020)
  • Winner, Ambassador’s Moot (2018)
  • Clyde & Co Research Internship in Public Law and Human Rights, Durham Law School (to Professor Helen Fenwick, Professor Roger Masterman, and Dr Se-Shauna Wheatle) (2017)
  • Letter of Commendation for Academic Excellence, Durham Law School (2016)