Profile
Profile
Frances practices mainly in commercial, company and insolvency areas, with experience in conflict of laws and jurisdictional disputes. She frequently handles matters concerning ancillary relief in aid of foreign proceedings and registration of PRC judgments. Experienced in trust, probate and shareholders’ disputes, she regularly acts for listed companies, their shareholders and directors in winding up petitions, unfair prejudice petitions and derivative actions.
Frances sits as the Deputy Chairman of the Panel of the Board of Review (Inland Revenue Ordinance). She also sat as a Deputy District Judge and acted as amicus curiae on appointment by the Court of Appeal.
Frances speaks fluent Mandarin. She appears for banks, state owned enterprises and individuals in court hearings or arbitrations conducted in English or Chinese. Frances has experience in being engaged to provide legal opinions on Hong Kong law in PRC proceedings to assist the PRC courts.
- Convoy Global Holdings Ltd & Anor v. Kwok Hiu Kwan & Anor [2020] 4 HKLRD 222 struck out a claim brought by a listed company and its subsidiary against the former’s shareholders for declarations and injunctions under s.131 of the Securities and Futures Ordinance.
- Re Margaret Chiu [2020] 2 HKLRD 1118 obtained bankruptcy order against a debtor who alleged (relying on s.6D(3) of the Bankruptcy Ordinance) that the judgment creditor unreasonably failed to accept her offer to compound.
- 黄书建 v. 代威 [2020] 1 HKC 309 resisted a judgment debtor’s application to set aside the registration of a judgment of the Higher People’s Court of Beijing Municipality under the Mainland Judgments (Reciprocal Enforcement) Ordinance.
- Ge Qingfu & Ors v. L&A International Holdings Ltd & Ors [2019] HKCFI 808 defended a director of a listed company in a claim for breach of fiduciary duties by placing shares for an improper purpose.
- In re Fonfair Company Limited [2018] HKCFI 358 acting for the minority shareholder, resisted two winding-up and unfair prejudice petitions.
- Hai Kuo Shipping 1201 Limited v. Everwin Shipping (Hong Kong) Company Limited & Ors [2018] HKCFI 1906 obtained judgment for the owner of a bulk carrier against the defendants for breach of a Bareboat Charterparty, Memorandum of Agreement and a Deed of Guarantee.
- Verralls Amy v. Maria Gina La Giglia [2018] 5 HKLRD 362 obtained security for costs for the administratrix under a will (the validity of which was challenged).
- Harbour Front Limited v. Leung Yuet Keung & Ors HCA 1143/2016 (29/12/2017) struck out two common law derivative actions.
- Cosmigo Ltd v. Monin Asia KL SDN BHD HCMP 905/2017 (8/11/2017) obtained indemnity costs in an application to set aside a statutory demand.
- Liu Qian v. Sunway International Holdings Limited CACV 88/2017 (1/9/2017) set aside a summary judgment entered against a listed company, the claim of which was based on the company’s alleged failure to honour certain convertible notes.
- 好好國際物流股份有限公司 & Anor v. Avere Trust Group Limited HCMP 586/2016 (7/2/2017) obtained judgment including declarations and injunctive relief for a Taiwanese logistic company against a trust company for breach of a Trust Deed.
- Yu Cho Lam v. Commissioner of Police & Ors [2016] 1 HKLRD 257 acted as amicus curiae of the Court of Appeal in a case concerning apparent bias.
- Bank of China Ltd v. Yang Fan [2016] 3 HKLRD 7 resisted an application to discharge a Mareva injunction in aid of PRC proceedings.
- CSCC Huangpu Wenchong Shipbuilding Co Ltd v. Dry Bulk Services Limited (formerly known as KC Maritime Limited) HCMP 1626/2016 (19/12/2016) obtained a worldwide Mareva injunction with ancillary disclosure order in aid of arbitration proceedings in London.
- Compania Sud Americana De Vapores S.A. v. Hin-Pro International Logistics Limited (2016) 19 HKCFAR 586 on appeal to the Court of Final Appeal, restored the freezing injunctions granted ex parte at first instance (subsequently discharged inter partes which decision was upheld by the Court of Appeal) under s.21M of the High Court Ordinance.
- Re Hin-Pro International Logistics Ltd [2016] 1 HKLRD 1367; [2016] 5 HKLRD 282 obtained leave to amend a creditor’s winding-up petition to include post-petition debts.
- Re Leung Yat Tung [2016] 4 HKLRD 462 obtained priority payment under s.38(5B) of the Bankruptcy Ordinance for a petitioning creditor.
- Lee Sai Nam v. Li Shu Chung & Anor HCA 1711/2009 (9/12/2015) resisted a claim in money had and received, knowing receipt of trust properties and dishonest assistance.
- WCL Corporation Ltd v. Zhou Jia Jin HCA 1442/2014 (17/9/2014) resisted an application to discharge an ex partes Mareva injunction.
- Standard Bank Offshore Trust Company Jersey Ltd as Trustee of the St George’s Settlement v. Belgravia Properties Ltd [2013] 5 HKLRD 337 obtained order under s.111 (2) of the then Companies Ordinance (Cap. 32) for a court ordered AGM.
- Re Wan Sing Hon [201 0] 4 HKLRD 621 application for grant ad colligenda bona and injunctions.
- Chinachem Charitable Foundation Ltd. v. Chan Chun Chuen [2009] 4 HKLRD 149 obtained specific discovery under the principles stated in Re Fuld (No.2) [1965] P 405.
- Re Wong Shui Pui HCCA 2138/2007 (18/8/2008) resisted an application under s.36 of the Probate and Administration Ordinance and NCPR r.44.
- A v. The Securities and Futures Commission & Anor [2008] 1 HKLRD 591 acted for the SFC in a judicial review and clarified the scope of its power to insist on an interview being audio recorded.
- Deputy Chairman of the Panel of the Board of Review (Inland Revenue Ordinance)
- Middle Temple Scholarship (2007)
- Bar Scholarship (2006)
- The Advocacy Institute of Hong Kong Prize in Advocacy (2006)
- Sir Edward Youde Memorial Fellowship (2004)
- Rhodes Scholarship (2002)
Adjudication, Arbitration as counsel, Arbitration as arbitrator, Enforcement of Arbitral Award, Expert Determination, Commercial Mediation, Bankers’ Duties, Credit Financing, Financial Mis-selling, Moneylenders’ Actions, Contract, Conflict of Laws, Equity, Tort, Unjust Enrichment, Negotiable Instruments, Partnerships, Sale of Goods, Corporate Governance, Compliance with Listing and Other Regulatory Rules, Derivative Action, Unfair Prejudice Petition, Bankruptcy, Restructuring, Schemes of Arrangement, Winding-Up, Letters of Credit, Sale and Carriage of Goods, Anti-Discrimination, Breach of Confidence, Employment, Restraint of Trade, Trusts, Wills, Probate and Administration of Estates, Charities, Anton Piller Relief, Asset Tracing, Bankers’ Books Orders, Discovery, Injunction, Norwich Pharmacal Orders, Adverse Possession, Building Management, Charities, Conveyancing, Easements, Landlord & Tenants Disputes, New Territories Law