Professional Practice

Thomas is developing a broad civil, arbitration and criminal practice and accepts instructions in all areas of Chambers’ work. He has appeared at the Court of First Instance, District Court and Magistrates’ Court both as a led junior and sole advocate. He is fluent in Cantonese, English and Mandarin, and is comfortable with drafting documents in Chinese.

Prior to joining the Bar, Thomas served as a Judicial Assistant at the Hong Kong Court of Final Appeal. In this capacity, he assisted the Judges and the Registrar in substantive appeals, applications for leave to appeal, and practice-related research and publications. He was also marshal to Recorder Martin Hui SC (Hong Kong) and Mr Justice Goss (England and Wales).

Thomas has also contributed to local practitioner texts and published at local and international peer-reviewed legal periodicals in various areas of private and public law. He also taught arbitration part-time at the City University of Hong Kong.

A detailed CV is available upon request.

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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
  • Member of the following Committees of the Hong Kong Bar Association (2023 – Present):
    • Standing Committee on International Practice
    • Practice Committee on Companies Law
  • Panel, Duty Lawyer Service (2023 – Present)
  • Judicial Assistant, Hong Kong Court of Final Appeal (2020 – 2021)
  • International Editor (Asia), Cambridge Law Review (2019 – 2020)
  • Clyde and Co Research Intern in Public Law and Human Rights, Durham Law School (2017)
Publications, Lectures & Seminars

Practitioner Texts

  • “Winding-Up by the Court” in Dr Stefan H.C. Lo (ed), Company Law in Hong Kong: Insolvency 2023 (forthcoming)
  • “Conflict of Laws” in Neerav Srivastava and Normann Witzleb (eds), Tort Law and Practice in Hong Kong (4th edn) (forthcoming)

Academic Papers

  • “Towards a Clearer Expression of the Internal Points of View of Judges in Socio-Economic Rights Adjudication: Lessons from English and Hong Kong Law” (2022) VII(i) Cambridge Law Review 1–32 (with Benny Chung)
  • “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; Sweet & Maxwell, 2022), §14-151)
  • “Pacta Sunt Servanda in Changing Times” by the Hon Geoffrey Ma (Chinese University of Hong Kong, “Pacta Sunt Servanda” academic conference; 25 June 2021) (as Research Assistant)
  • “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 for Coherence” [2021] Public Law 261–270 (with Trevor 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)
  • “The Proper Law of an Agreement and the lex situs of Shares in Cross-Border Litigation: Hong Kong and China Perspectives” Oxford Business Law Blog (10 December 2020)
  • “An Examination of the Practicability of Antony Duff and John Gardner’s Legal Moralism as a Basis of Criminalisation in Contemporary English Criminal Law” (2020) V LSE Law Review 153–189
Scholarships & Awards
  • 3 Verulam Buildings Prize for Best Overall Submission — LSE Law Review (2020)
  • Winner — LSESU Ambassadors’ Moot (2018)
  • Top Mark for Jurisprudence — Durham Law School (2018)
  • Finalist — Durham University Mooting Society Palatinate Shield (2017)
  • Letter of Commendation for Academic Excellence — Durham Law School (2016)
Selected Cases

Banking / Commercial

  • Xue Xiaoyun v Susan Yung and BOCI Securities Limited HCA 2526/2018 – negligence misstatements by investment advisor on cross-border transactions, vicarious liability (with Samuel Wong)
  • Yinggao Resources Limited and another v The Hongkong and Shanghai Banking Corporation Limited HCA 329/2015 — breach of banking mandate and negligence dispute arising from loss in metal trading contracts (with Tanie Toh)
  • Yee On Engineering Limited v Fred & Willie Bros Const Eng Co Limited DCCJ 997/2020 — commercial and construction dispute over installation and maintenance of building facilities (settled)

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 merits of a bankruptcy petition involving set-off by arbitral award against petitioning creditor

Civil Fraud / Asset Recovery

  • Wesoft Nationmark Limited v Nationmark (HK) Limited and others HCA 724 & 1317/2019 — shareholder dispute involving breach of fiduciary duties, causing loss by unlawful means, conspiracy, and asset tracing (with Samuel Wong)
  • Lam Cheuk Wai Trevor, the sole executor of the Estate of Lam Hak Man (deceased) v Wong Man Hon Frederick HCA 2379/2018 — dispute over shares of a delisted company involving claims in constructive trust and unjust enrichment

Company

  • Advised on a shareholder dispute over companies holding Mainland China-Hong Kong cross-border licence plates
  • Advised on an intended claim for breach of director’s duties, fraud, and unjust enrichment

Personal Injuries / Tort

  • Advised on the merits of an intended claim in malicious prosecution against the Department of Justice
  • Advised on an intended employee’s compensation claim and personal injuries arising from hazardous installations at workplace

White-Collar Crime / General Crime

  • Advised on merits of various charges of money laundering and obtaining property by deception
  • Assisted the Department of Justice in a 7-day appeal before the Court of Appeal on conspiracy to defraud for alleged misuse of the Small House Policy