Professional Practice

Thomas is developing a broad civil and arbitration practice and accepts instructions in all areas of Chambers’ work. He has a variety of experiences in trial work and interlocutory matters from the District Court (including the Lands Tribunal) to the Court of Appeal, 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 practice-related 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 had assisted in teaching 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:

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

Memberships:

  • Associate Member, Hong Kong Institute of Arbitrators
Publications, Lectures & Seminars

Seminars

  • “UN Convention on Contracts for the International Sale of Goods (CISG): ‘Love it or hate it, but NEVER leave it!” (2023) (with Louise Barrington, Samuel Wong, and Sherlin Tung)

Practitioner Texts

  • “Winding-Up by the Court” in Dr Stefan H.C. Lo (ed), Company Law in Hong Kong: Insolvency 2023
  • “Vicarious Liability” and “Conflict of Laws” in Kemal Bokhary NPJ (ed), 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 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
  • Sin Pui Ching v Zero Finance Hong Kong Limited HCA 1792/2018; HCMP 637/2018 — breach of loan agreement and declaration of non-existent beneficiary interest, common intention constructive trust and resulting trust over property subject to loan agreement
  • 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

Commercial

  • Yee On Engineering Limited v Fred & Willie Bros Const Eng Co Limited DCCJ 997/2020 — commercial dispute over installation and maintenance of building facilities (settled)
  • Advised on an agency fee dispute over referrals made and services done with regard to sale of properties

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
  • Advised on an intended claim for breach of director’s duties, fraud, and restitution of unjust enrichment

Company

  • In the Matter of Hong Kong Real Estate Agencies General Association Limited HCMP 1132/2023disputes over election of executive committees and validity of election resolutions; interim-interim injunction restraining expulsion of members
  • Wesoft Nationmark Limited v Nationmark (HK) Limited and others HCA 724 & 1317/2019 (with Samuel Wong) — shareholder dispute involving breach of fiduciary duties, causing loss by unlawful means, conspiracy, and asset tracing

Property / Probate and Succession

  • Au Din Har Ellen v Au Yee Wan and others HCA 1591/2022 — will made under undue influence, constructive trusts over and duty to account for family properties; discontinuance of proceedings with costs on indemnity basis
  • Cheuk Kin Shan v Lau Kai Fan LDRT 436/2023 — recovery of vacant possession as a result of rental and tenancy disputes (settled)
  • Advised on the application for a grant of probate in Hong Kong as a substituted executor under a will made in a foreign jurisdiction

Tort / Personal Injuries

  • Advised on intended claims in employee’s compensation and personal injuries arising from hazardous installations at workplace

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

White Collar Crime

  • 香港特別行政區 秦錦釗及另外五人 DCCC 919/2015 — review of taxation of costs following 97-days criminal trial on conspiracy to export unmanifested cargo and money laundering
  • Advised on the merits of charges of conspiracy of money laundering and obtaining property by deception as a result of bank-account fraud