Profile
Profile
Clifford Smith SC has a broadly based commercial practice and has been involved in some of Hong Kong’s heaviest civil cases, including ADS v. Wheelock Marden, the Akai litigation and the disputes concerning the administration of the Estate of the late Henry Fok.
He is consistently ranked as a leading Silk in Chambers & Partners (Asia-Pacific) where he has recently been commended for his “impressive thoroughness,” for being “a very active thinker” and for his “outstanding advocacy skills” and his “intelligent technical analysis” as well as his standout ability to “present a powerful argument.”
- Y K Leung v. Harbour Front [2026] HKCFI 3713 shareholders’ dispute (with Sabrina Ho and Arthur Poon)
- Chang Wing Ka John v. Chang Wing Dee [2026] HKCFI 2570; administration of estates in Hong and Canada
- Re Tritech Distribution Ltd [2026] HKCFI 473; consideration of the practice of ordering payment into court as a condition of having leave to file an affirmation in opposition to a winding-up petition outside the period of 7 days prescribed by rule 32(1) of the Companies (Winding-up Rules), (with Tommy Cheung)
- Chang Wing Ka John v. Chang Wing Dee [2026] 2 HKC 204; administration of estates in Hong Kong and Canada
- William Zeng v CHF Florida Ltd [2025] 1 HKLRD 382; service of statutory demand by giving notice to the debtor; duty of full and frank disclosure on application for leave to issue a petition, and whether the residence gateway for jurisdiction was satisfied when the debtor was not resident as a matter of fact despite have made representations that he was resident (with Tommy Cheung)
- Re Simplicity & Vogue Retailing [2024] 2 HKLRD 1064; court’s discretion to decline insolvency jurisdiction when the underlying dispute is subject to an exclusive jurisdiction clause (with Tommy Cheung)
- Rich Place Investment v Oriental Patron [2024] HKCFI 576; trial of action against agent procuring placees of shares under a placing agreement; court considers test for implying terms into the agreement with the agent (with Kerby Lau and Joshua Yeung)
- Li Jie v HK Airport Services [2024] 1 HKLRD 836; validity of writ extended when failure to serve the writ within the 12 month period was due to clerical mistake, notwithstanding the expiry of the limitation period (with Look Chan Ho and Joshua Yeung)
- Chang Wing Ka John v Chang Wing Dee [2023] HKCA 876 and [2023] HKCA 1143; administration of estates in HK and Canada (with Tom Ng)
- Persero v Trevaskis (“Antea”) (2023) 26 HKCFAR 297; limitation of shipowner’s liability
- Re GTI Holdings Ltd [2023] HKCFI 176; whether, in the appointment of liquidators, the court should have regard to the principle of creditors’ democracy by reference to the value of the claims or the number of creditors, or a combination of the two (with Billy Liu)
- Re Carnival Group International Holdings Ltd [2022] HKCFI 2668; whether should exercise it jurisdiction to wind up a Bermudan company; arguments to the effect that the Second Core Requirement (is there a reasonable possibility of benefit to those applying for the winding-up order) is not satisfied (with Look Chan Ho)
- Emperor UA Cinemas Ltd v. Lark China [2022] HKCFI 2316; application for injunction to restrain presentation of a winding-up petition (with Look Chan Ho)
- The Milano Bridge [2022] 1 HKLRD 1151; shipowner’s limitation of liability and forum non conveniens
- Alpha Financial Press v AMTD Group [2022] HKCFI 1084; appeal against summary judgment
- A v B [2022] 3 HKC 240; enforcement of arbitration award (with Cyrus Chua)
- KWP Quarry v Inland Revenue [2022] HKCA 231; application for judicial review of decision of Board of Review (with Justin Lam)
- Cargo Container Line v. Benchmark Electronics [2020] HKCFA 26 and [2019] 5 HKLRD 223; whether correcting the address of a named defendant in a writ amounts to the substitution of a party when there are two entities with the same name but located in different jurisdictions
- Lu Shaoping v Wu Lianmo [2020] HKCFI 944; availability of time bar defence
- Olympic Games Committee v Pico Projects [2020] 6 HKC 171; enforcement of foreign judgment – whether this would involve enforcing a foreign penal or revenue law
- Wong Pui Ying v Kowloon Tong Baptist Church [2020] HKCFI 518; dispute concerning articles of association of the Church
- Re A [2020] HKFLR 41; whether a party can seek a declaration as to the legitimacy of proposed litigation funding (with Sabrina Ho)
- HKSAR v Sutherland [2020] 3 HKC 357; The Hong Kong Court of Final Appeal determined that the Court of Appeal has jurisdiction to hear an appeal against a wasted costs order imposed by a magistrate on a legal representative of a defendant who appealed against conviction
- Ku Ming Fong v Chu Chia Chin [2019] HKCFI 2849; dispute over beneficial ownership of shares (with Lai Chun Ho)
- Hanwha Total Petrochemical v Changchong Group [2019] HKCA 1061; claim for loss of cargo due to collision – application for stay based on forum non conveniens
- Bighand Ventures v Regent National Enterprises [2019] HKCFI 2066; dispute concerning security for loan facilities totaling HK$1.44 billion (with Richard Leung and Ronald Pang)
- Leung Lui Ming v Tang Mo Lin [2019] HKCFI 1848; bankruptcy – validity of certain transactions
- Dymocks v NRFHK [2019] 3 HKLRD 742; claim under Transfer of Business (Protection of Creditors) Ordinance (with Kerby Lau)
- Weili Su v Shengkand Fei [2019] 2 HKLRD 1214; application for security to be provided by party seeking to set aside an arbitration award (with Kerby Lau)
- Amadeus Investment v Dr Lin Kao Kun [2019] 2 HKLRD 647; extension of validity of writ when period of limitation had expired; whether the plaintiff had shown good reason for not serving within period of validity
- Company A v Company D [2019] HKCFI 367; injunction in aid of arbitral proceedings in Singapore (with Justin Lam)
- Perfekta Enterprises v. Commissioner of Inland Revenue [2019] 22 HKCFAR 203; Profits tax – CFA considers test for change of intention from holding capital asset to trading (with Justin Lam)
- Win More Shipping v. Director of Marine [2019] 2 Lloyd’s Law Reports 420 Application for judicial review of alleged decision to de-register a ship in context of sanctions imposed on North Korea; legal effect of UN Security Council Resolutions (with Adrian Lai)
- Harbour Front v Money Facts [2018] HKCFI 2596; shareholders’ dispute – injunction to restrain sale of property (with Sabrina Ho and Jacqueline Law)
- Rafaat Imamam v. Life (China) Co Ltd [2018] 4 HKLRD 152 Whether court should give pre-approval for litigation funding (with Sabrina Ho and Tommy Cheung) and Re A [2020] HKCFI 493 (with Sabrina Ho) involving the same issue re litigation funding.
- China Solar Energy Holdings (No 2) [2018] 2 HKLRD 338 Role of provisional liquidators with restructuring powers (with Alexander Tang). This case resulted in Des Voeux Chambers being awarded by Global Restructuring Review the prize, on 26 June 2018 in London, for the most significant insolvency or restructuring related litigation.
- T v. A [2018] 3 HKLRD 730 Authority to commence arbitration proceedings (with Jason Yu)
- Luen Ford [2018] 3 HKLRD 718 Winding up petition based on dishonoured cheques given to pay solicitor’s fees (with Edward Tang)
- Symphony Partners v Fullerton Bay [2018] HKCA 505; the Court of Appeal considered the scope of Order 59 rule 14(3) (with Justin Lam)
- University of Hong Kong v. HK Broadcasting [2016] 4 HKLRD 113 Breach of confidence; injunction to restrain disclosure of audio recordings (with Martin Kok)
- LDK Solar [2015] 1 HKLRD 458 Scheme of arrangement involving larger cross-border restructuring (with Kerby Lau)
- The Almojil 61 [2015] 3 HKLRD 598 Whether agreement to pay part of purchase price created a loan or an acquisition of part ownership under an express trust
- The Alas [2014] 4 HKLRD 160 Whether unsatisfied foreign arbitral award was a bar to an in rem action based on the underlying claim for unpaid charter hire
- Akai v. Ernst & Young [2009] 5 HKLRD 804 (CFA). No jurisdiction to order security for costs of a claim brought by an insolvent overseas company with a place of business in Hong Kong.
- Pacific Electric Wire & Cable v. Harmutty [2009] 3 HKLRD 94 and FAMV 28/2009 (Court of Appeal and CFA). Whether summary judgment is available or appropriate where the underlying claim is based on allegations of fraud.
- Hebei Enterprises v. Livasiri (2008) HKCFAR 321 (CFA). Professional negligence; whether solicitors held money as stakeholder or trustee; duty to advise client of risk of transferring money to another firm.
- Commissioner of Inland Revenue v. Tai Hing Cotton Mill (Development) Ltd [2008] 2 HKLRD 40 (CFA). Effect of anti-avoidance provision on tax liability of subsidiary company developing land bought from parent at price referable to share of redevelopment profits.
- World Fuel Services v. Florens Container Inc (2007) 10 HKCFAR 256 (CFA). Jurisdiction to order costs to be paid by an interested non-party who funds an action brought by the liquidators of an insolvent company.
- Official Receiver v. Trustee in Bankruptcy of Chan Wing Hing (2006) HKCFAR 545 (CFA). Provisions of Bankruptcy Ordinance obliging bankrupt to notify trustee in bankruptcy of travel plans are unconstitutional as restricting Basic Law right of freedom to travel.
