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 has a variety of experiences in trial work and interlocutory matters, 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 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.

Thomas has contributed to practitioner texts and published at peer-reviewed legal periodicals in various areas of private law and arbitration, including matters on conflict of laws and cross-border issues. He teaches tort law at the University of Hong Kong and arbitration at the City University of Hong Kong on a part-time basis.

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

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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:

  • Tutor, City University of Hong Kong (2024)
  • Lecturer (Non-Clinical), University of Hong Kong (2023 – Present)
  • 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)
  • Judicial Assistant, Hong Kong Court of Final Appeal (2020 – 2021)

Memberships:

Associate Member, Hong Kong Institute of Arbitrators

Publications, Lectures & Seminars

Seminars

  • “Are your clients (and you) ready for an investigation by the Hong Kong Competition Commission?” (CPD accredited; March 2024) (with Kenneth Lee)
  • “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

  • “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)

Practitioner Notes

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 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)
Scholarships & Awards
  • 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)
Selected Cases

Arbitration

  • Acting for a Hong Kong cosmetics and skincare products company in a joint venture dispute (HKIAC Rules) (with Samuel Wong)
  • Advised a state-owned enterprise on potential arbitration proceedings (LCIA Rules) arising from failure to deliver metal ores due to supplier’s administration proceedings (with Samuel Wong)

Banking / 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 investment bank
  • Yinggao Resources Limited and another v The Hongkong and Shanghai Banking Corporation Limited HCA 329/2015; CAMP 94/2023 (with Tanie Toh) — breach of banking mandate and negligence dispute arising from loss in metal trading contracts
  • Advised a financial technology company on the recovery of loans for and sale of property with disputed ownership

Civil Fraud / Asset Recovery

  • Lam Cheuk Wai Trevor, The Sole Executor of the Estate of Lam Hak Man (deceased) v Wong Man Hon Frederick HCA 2379/2018 — joint venture dispute over investment in listed company shares, constructive trust and unjust enrichment
  • Assisted in the application of banker’s records and default judgments against local and foreign defendants in a cross-border telephone fraud (assisting Earl Deng)
  • Advised on an intended claim for breach of director’s duties, fraud, and restitution of unjust enrichment

Commercial

  • Michael Yap and another v Lai Yip Dyeing Factory Limited and others HCA 1084/2011 (with Samuel Wong) — Obtained order for payment of judgment debt following oral examination of judgment debtors arising from judgment for failure to repay under promissory note and deed of guarantee
  • Yee On Engineering Limited v Fred & Willie Bros Const Eng Co Limited DCCJ 997 & 1849/2020 — commercial dispute over installation and maintenance of building facilities between contractors and sub-contractors (settled)

Company

  • In the Matter of Hong Kong Real Estate Agencies General Association Limited [2024] HKCFI 418 — disputes over election of executive committees and validity of election resolutions; interim injunction restraining expulsion of members
  • Wesoft Nationmark Limited v Nationmark (HK) Limited and others HCA 724 & 1317/2019 (with Samuel Wong) — joint venture dispute involving breach of fiduciary duties, causing loss by unlawful means, conspiracy, and asset tracing

Property / Chancery

  • 陳淦輝 楊忠及另外二人 [2024] HKCFI 357 — Dispute over ownership of former matrimonial property with third-party purchaser
  • Advising on defence against claims brought against an estate for breach of directors’ duties and breach of trust (led by Ambrose Ho SC)
  • Advised on the application for a grant of probate in Hong Kong as a substituted executor under a will made in a foreign jurisdiction

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
  • Advising on an intended winding up petition on bonds and repayment agreements in view of intended arbitration proceedings
  • Advised on the defence against a winding up petition on the basis of cross-claims in arbitration proceedings

White Collar Crime

  • 香港特別行政區  秦錦釗 [2024] HKDC 568 — review of taxation of costs following 97-days criminal trial on conspiracy to export unmanifested cargo and conspiracy to commit money laundering
  • Advised on the merits of charges of corrupt transaction with agents (assisting Martin Hui SC)
  • Advised on the merits of charges of conspiracy of money laundering and obtaining property by deception as a result of bank-account fraud