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Jenkin Suen, SC

LLB (HKU) , First Class Honours
PCLL (HKU)
BCL (Oxon)
MALCS (HKU), Distinction
2019 (Hong Kong Inner Bar)

“He has excellent knowledge of the law and is very thorough with advice and drafting. He is very hard-working, conscientious and user-friendly; lay clients really respect and like him. He is also very sound when it comes to litigation tactics.”

- Chambers & Partners: Greater China Region 2023

Profile

Profile

Jenkin Suen SC has a well-established reputation as a prominent civil silk, and specialises in international arbitration, company & insolvency law, regulatory & public law, and land & planning law. He is adept in both trial and appellate advocacy, and appears as leading counsel in major commercial and public law cases, arbitrations and appeals, on behalf of multinational corporations, developers, financial institutions, government authorities and public bodies.

Jenkin regularly acts for listed companies, banks, funds, insurance companies, liquidators and transnational conglomerates in commercial, company and trust disputes. Prior to joining the Bar, Jenkin has worked in the Hong Kong and Beijing offices of Clifford Chance, and has ample experience ranging from mergers & acquisitions to project finance and financial regulation. As a rising silk, Jenkin has been involved in major commercial cases such as the Henry Fok estate, Shanshui Cement and Convoy litigations. He is particularly known for his expertise in shareholder disputes, complex commercial trials and appeals (including numerous appeals to the CFA on contractual and shareholder disputes, statutory interpretation, and public law challenges).

In the area of international arbitration, Jenkin studied international arbitration and dispute resolution in Oxford University. He appears as Counsel in many international commercial arbitrations conducted in English or Chinese (Mandarin), and has appeared as advocate in court proceedings for interim measures and enforcement of arbitral awards.  Jenkin also acts as arbitrator in arbitrations conducted in English or Mandarin, and is on the panel of arbitrators of SHIAC, BAC and BIAC.

Jenkin also has a substantial public law practice. He appears as leading counsel in many high profile cases for the Chief Executive of HKSAR, the Secretary for Justice and other government authorities, particularly on important questions of public law in the Court of Appeal and the Court of Final Appeal (such as protective costs orders, LegCo elections, emergency regulations, and more recently the ‘no consent regime’ under the Organized and Serious Crimes Ordinance (Cap. 455)). Jenkin also advises and represents professional and public bodies in both regulatory and commercial matters on a frequent basis. Among others, he acts for the SFC, the Competition Commission, the Companies Registry, the Official Receiver, the Insurance Authority, the Hospital Authority, the Medical Council, the Mandatory Provident Fund Schemes Authority and the Privacy Commissioner.

Jenkin is the co-author / contributing author of practitioner texts including Shareholders’ Rights and Remedies in Hong Kong, Company Law in Hong Kong – Practice and Procedure, and Hong Kong Civil Procedure. Jenkin sits regularly as Deputy High Court Judge. He also chairs the Copyright Tribunal and the Pharmacy and Poisons Appeal Tribunal, and sits in other statutory tribunals and committees as Deputy Chairman or members.

Memberships & Appointments

  • Panel of arbitrators of SHIAC and BAC/BIAC
  • Chairman, Copyright Tribunal
  • Chairman, Pharmacy and Poisons Appeal Tribunal
  • Deputy Chairman, Administrative Appeals Board
  • Member, Higher Rights Assessment Board
  • Member, Criminal and Law Enforcement Injuries Compensation Boards
  • Member, Air Transport Licensing Authority
  • Member, Committee on Land, Trust and Probate (HKBA)
  • Member, Committee on Competition Law (HKBA)
  • Chairman, Appeal Tribunal Panel (Buildings), 2015-2018
  • Council Member, The Bar Council, 2007-2009

Selected Cases

Arbitration

  • Appointed as arbitrator in a SHIAC arbitration
  • Representing claimants in a HKIAC arbitration on contractual and joint venture dispute
  • Representing a respondent in a HKIAC arbitration on share repurchasing obligation
  • Representing claimants as leading counsel in a HKIAC arbitration for breach of joint venture contract concerning a digital asset trading platform
  • Representing respondents as leading counsel in a HKIAC arbitration on share repurchasing obligation and successfully defending liability
  • Shenzhen Hina New Economy Equity Investment Fund Partnership v Unipax Properties, LLC [2021] HKCFI 2912. Opposing Injunction application in aid of arbitral proceedings before CIETAC Beijing and obtaining an order of fortification of the plaintiff’s cross-undertaking as to damages.
  • Splendid Days Limited v The9 Limited & Others HCCT 21/2020. Obtaining worldwide Mareva injunction against a listed company in aid of intended arbitration, and worldwide Mareva injunction against third parties on a Chabra basis.
  • A v R [2009] 3 HKLRD 389. Successfully obtaining an order for enforcement of a New York Convention award with indemnity costs against the respondent.

 

Commercial, Company and Insolvency

  • Re Jiayuan International Group Limited [2024] HKCFI 1113. Successfully resisting appeal against rejection of proofs of debt.
  • Excel Courage Holdings Ltd v Seto Ming Wai & Anor [2024] HKCFI 984. Successfully resisting claims for negligence and breach of Quincecare duty.
  • Re Proman International Ltd [2023] HKCFI 2628. Appeal on appointment of liquidators.
  • Hong Kong Topkey Ltd v Wintac (Hong Kong) Ltd [2023] HKCFI 1711. Successfully resisting appeal against summary judgment.
  • Chinachem Financial Services Ltd v. Century Venture Holdings Ltd [2023] HKCFI 457. Trial on contract, illegality and unjust enrichment.
  • Esports Business Development Ltd v. Wong Chun Yee Christopher [2022] HKCFI 2627. Video-link application prior to trial on joint venture agreement.
  • Re Golden Oasis Health Ltd [2022] HKCA 237 and [2020] HKCFI 364. Substantive hearing and appeal on winding-up petition.
  • Gentle Soar Ltd v. CMBC Capital Finance Ltd [2021] HKCFI 3450 and [2021] HKCFI 2775. Injunction application on sale, transfer and dealing of shares in a listed company.
  • Lai Chee-Ying v Secretary for Security [2021] 4 HKLRD 695. Statutory construction of a notice under the National Security Law concerning the exercise of voting rights of a listed company.
  • China Shanshui Cement Group Ltd v. Tianrui (International) Holding Co Ltd [2021] HKCFI 2745 and [2020] HKCFI 3043. Application for stay of proceedings.
  • Chan Chun Chuen v. Kao, Lee & Yip [2021] HKCFI 716. Appeal against master’s decision on amendment of pleadings.
  • Yuanta Securities (Hong Kong) Co Ltd v Ng Yin Lam [2021] HKCFI 435. Summary judgment application of contractual claim.
  • Leader Screws Manufacturing Co Ltd v Huang Shunkui [2023] HKCA 1193, [2021] HKCFI 141. Default judgment application and appeal.
  • Eminent Investments (Asia Pacific) Ltd v. DIO Corporation FACV 3/2020, FAMV 330/2019, CACV 207/2016, HCA 1292/2011, [2017] 4 HKLRD 52. Appeal and Trial on contractual interpretation, misrepresentation and breach.
  • New Castle Investments Ltd v Foo Wai Lok [2020] HKCA 931. Appeal on bankruptcy orders.
  • Wang Yanlong v. NPCC (Hong Kong) Ltd, HCMP 2190/2018. Application for rectification under section 42 of Companies Ordinance.
  • Re Golden Oasis Health Limited HCCW 236/2018. Stay Application of Winding-up Petition.
  • Kwok Hiu Kwan v. Johnny Chen HCMP 41/2018. Trial concerning an EGM of Convoy Global Holdings Limited.
  • Au Yeung, Cheng, Ho & Tin (a firm) v. Au Yeung Chi Sang [2020] HKCFI 224. Appeal against master’s decision on relief against sanction of unless order.
  • Re Swiss Reinsurance Co Ltd HCMP 898/2019. Scheme of Arrangement under the Insurance Ordinance.
  • Xu Lu Chun v. Wu Chang Jiang CAMP 160/2019 / HCMP 3166/2014. Interim Payment Application on Unfair Prejudice Petition.
  • Fabiano Hotels Ltd v. Profitmax Holdings Inc HCA 3428/2018 / HCMP 2825/2016. Mareva Injunction and Summary Judgment Applications.
  • Integrity Financial Advice Network Co Ltd v. Lau Kong Kei / Chu Yau Shun HCA 2165/2011 / HCA 623/2012. Trials on misrepresentation and claw-back in agency contract.
  • Fok Chun Yue Benjamin v. Yau Wing Co Ltd HCMP 3250/2015. Leave application for statutory derivative action.
  • Hansen International Ltd v. High Fashion Apparel Ltd HCA 1724/2014. Interim injunction against removal of CEO.
  • Sanctuary Systems Ltd v. Orient International Holdings Hong Kong Co Ltd & Anor HCA 479/2010. Trial on Quistclose trust.

 

Regulatory and Competition Law

  • Competition Commission v Multisoft Limited [2023] HKCT 8, CTEA 1/2023. Originating Notice of Application on anti-competitive conduct in quotations submitted for the Distance Business Programme funded by the Government.
  • SFC v Xu Jinpei & Others HCMP 572/2022. Carecraft proceedings of petition under section 214 of the Securities and Futures Ordinance.
  • SFC v Sound Global [2022] HKCFI 3025. Trial of petition under section 214 of the Securities and Futures Ordinance.
  • Lai Voon Wai v. SFC SFAT 2/2020. Review application before the Securities and Futures Appeals Tribunal.
  • Cai Hongping v. SFC SFAT 3/2020. Review application before the Securities and Futures Appeals Tribunal.
  • Re Combest Holdings Limited HCCW 118/2020. Petition under Sections 212 and 214 of the SFO and application for appointment of provisional liquidators.
  • Re Magic International Holdings Limited Proceedings before the Market Misconduct Tribunal.
  • SFC v. Shandong Molong Petroleum Machinery Company Limited [2021] HKCFI 497 and [2020] HKCFI 637. Proceedings under Section 214 of the SFO.
  • FT Securities Limited v. SFC SFAT 6/2018. Proceedings before the Securities and Futures Appeals Tribunal.

 

Public Law

  • Secretary for Justice v. Persons conducting themselves in any of the acts prohibited under paragraph 1(a), (b), (c) or (d) of the Indorsement of Claim [2024] HKCA 442. Obtaining an interlocutory injunction in aid of criminal law on appeal.
  • Tam Sze Leung v. Commissioner of Police [2024] HKCFA 8, [2023] HKCA 959, [2023] 2 HKLRD 839. Appeal on judicial review against the ‘no consent regime’ under the Organized and Serious Crimes Ordinance (Cap. 455).
  • Kwok Cheuk Kin v Chief Executive in Council [2024] HKCFI 358, [2023] HKCFI 3074. Successfully resisting a judicial review against the constitutionality of District Council election.
  • Leung Tsan Chun v Chief Executive of Hospital Authority [2023] HKCFI 2433. Successfully resisting leave application for judicial review.
  • Lai Chee-Ying v. Commissioner of Police [2023] HKCA 777, [2022] 5 HKLRD 205 and [2022] 4 HKLRD 582. Judicial review and appeal on validity of search warrant under the National Security Law.
  • Re Mr Timothy Wynn Owen KC [2022] 5 HKLRD 726. Appeal on ad hoc admission for criminal trial under the National Security Law.
  • Lai Chee-Ying v. Commissioner of Police [2022] 5 HKLRD 617. Determination on LPP claims and JM (journalistic materials) claims under a search warrant.
  • Wong Wai Keung v. Commissioner of Police [2022] HKCFI 374. Determination on LPP claims and JM (journalistic materials) claims under a search warrant.
  • Tong Ying Kit v. SJ [2021] 3 HKLRD 350 and [2021] 2 HKLRD 1036. Judicial review and appeal on certificate issued by SJ under the National Security Law on jury trial.
  • Next Digital Ltd v. Commissioner of Police [2021] HKCFI 1677. Application for amendment and injunction in proceedings on search warrant.
  • Tong Ying Kit v. HKSAR [2020] 5 HKLRD 395 and [2020] 4 HKLRD 382. Habeas corpus application on the National Security Law.
  • Loh Ming Yin v. Hong Kong Examinations and Assessment Authority [2020] HKCFI 1135. Judicial review on invalidation of public examination question.
  • Kwok Wing Hang v. Chief Executive in Council; Leung Kwok Hung v. SJ (2021) 24 HKCFAR 93, (2020) 23 HKCFAR 518, [2020] 2 HKLRD 771, [2020] 1 HKLRD 80, [2020] 1 HKLRD 1. Judicial Reviews concerning the Emergency Regulations Ordinance and the Prohibition on Face Covering Regulations.
  • The Hong Kong Journalists Association v. The Commissioner of Police [2021] 1 HKLRD 427. Judicial Review on Police’s duty towards journalists.
  • So Tsun Fung v. The Commissioner of Police HCAL 3376/2019. Injunction application in judicial review.
  • Tsang Kin Shing v. SJ HCAL 687/2019 and HCAL 2882/2018. Judicial reviews on prosecutorial decisions.
  • SJ v. Leung Kwok Hung CACV 200&201/2017, [2017] 4 HKLRD 115. Judicial Reviews concerning the 2016 Legislative Council election.
  • Lok Man Fai Felix v. Architects Registration Board [2019] 2 HKLRD 745. Appeal on disciplinary decision.
  • Dr U v. The Preliminary Investigation Committee of the Medical Council of Hong Kong FAMV 11/2018, CACV 151/2016, [2016] 4 HKLRD 31. Judicial review and appeals on statutory construction.
  • Great Mighty Ltd v. Director of Lands HCAL 125 & 126/2014. Judicial Review on ex gratia payment.
  • Wong Tai Hoi v. Au Nok Hin [2018] 2 HKLRD 789. Election Petition.
  • Chan Ho Tin v. Lo Ying Ki Alan [2018] 2 HKLRD 7. Election Petition.
  • Yau Wai Ching v. CE; CE & SJ v. President of the Legislative Council (2017) 20 HKCFAR 390, [2017] 1 HKLRD 460 (CA), [2016] 6 HKC 417 (CFI). Judicial Reviews concerning the 2016 Legislative Council election.
  • Commissioner of Registration v. Registration of Persons Tribunal [2018] 4 HKLRD 810. Judicial Review against decision of Registration of Persons Tribunal.

 

Land/Planning/Trust

  • HG Property Investment HK Ltd v. Cheng Mei Holdings Ltd [2024] HKCFI 750. Successfully resisting an application for joinder to a fraudulent conveyance claim.
  • Chung Liburt Wong & Anor v. Pun Lai Yin Stella & Anor [2023] HKCA 1095. Application for leave to appeal to the Court of Final Appeal in an adverse possession case.
  • Deluxe Ascent Limited v. Director of Lands [2023] HKCA 305 and [2021] 2 HKLRD 431. Judicial Review and appeal on ex gratia compensation of resumption of land.
  • Dairy Farm Company, Limited v. SJ on behalf of Director of Land [2022] HKCA 1902 and HCMP 2423/2017. Trial and appeal on right of way and construction of Government lease.
  • Abraham Yeung v. Sun King Kai [2022] HKCFI 2627. Trial on charitable trust and adverse possession.
  • Agrade Holdings Ltd v. Town Planning Board [2021] HKCFI 3559. Judicial review against town planning board’s rejection of rezoning application.
  • Tse’s Brothers Co Ltd v. Kinghall Development Ltd & Anor [2021] HKCA 874 and [2018] HKCFI 1197. Trial and appeal on land and trust law.
  • Nam Sang Wai Development Company Limited v. TPB TPA 3/2014 & TPA 1/2017. Planning Appeals before the Town Planning Appeal Board.
  • Royal Billion Investment Limted v. TPB HCAL 1916/2018. Judicial Review of TPB’s decision.
  • Senso Investment Limited v. Director of Lands LDMR 1/2012. Compensation claim under the Foreshore and Sea-bed (Reclamations) Ordinance.
  • Kong Hong Kui Thomas v. Wu Yuk Chun Judy CACV 190/2019. Appeal on representation and estoppel in dispute on landed property.
  • Lam Ar Fu Peter v. Building Authority HCAL 2259/2018. Judicial review against decision of Appeal Tribunal (Buildings).
  • Designing Hong Kong Ltd v. Town Planning Board (2018) 21 HKCFAR 237, [2017] 3 HKLRD 560, [2017] 2 HKLRD 60; [2018] 5 HKLRD 828. Appeals on protective costs order (PCO) and joinder application.
  • I Villas Ltd v. SJ HCA 1883/2014. Trial on construction of lease covenants.
  • Cheermark Investment Ltd v. The Director of Lands [2018] 1 HKLRD 79. Appeal on statutory compensation for resumption of land.

Scholarships and Awards

  • Hong Kong Middle Temple Society Advocacy Scholarship
  • Des Voeux Chambers Scholarship
  • Sir Edward Youde Memorial Fellowship for Overseas Studies
  • Simon KY Lee Medal in Law
  • The Hong Kong University Alumni Prize
  • Sir Man Kam Lo/Jardine Scholarship King
  • Edward VII Scholarship
  • Li Po Chun Scholarship
  • Johnson Stokes & Master Scholarship in Law
  • Lovell White Durrant Scholarship in Law

Publications / Lecture / Talks

  • Co-Author of Shareholders’ Rights and Remedies in Hong Kong (LexisNexis, 2011)
  • Contributing Author of Company Law in Hong Kong – Practice and Procedure (Sweet &Maxwell)
  • Contributing Editor of Hong Kong Civil Procedure
  • Speaker in seminars and international conferences on arbitration, company law, land & planning law and other topics hosted by the Hong Kong Bar Association, LexisNexis and the Hong Kong Institute of Chartered Secretaries.

Specific Areas of Expertise

Administrative Review, Commercial Judicial Review, Constitutional Review, Inquiries and Inquests, Statutory Tribunals, Adjudication, Arbitration as counsel, Arbitration as arbitrator, Enforcement of Arbitral Award, Expert Determination, Commercial Mediation, Mediation Advocacy, Bankers’ Duties, Credit Financing, Financial Mis-selling, Moneylenders’ Actions, Securities Law, SFC Enforcement Actions, Contract, Conflict of Laws, Equity, Tort, Unjust Enrichment, Insurance Law, Negotiable Instruments, Partnerships, Sale of Goods, Corporate Governance, Compliance with Listing and Other Regulatory Rules, Derivative Action, Unfair Prejudice Petition, Enforcement, Follow-on Action, Investigation, Leniency, Mergers (Telecommunications), Bankruptcy, Restructuring, Schemes of Arrangement, Winding-Up, Breach of Confidence, Copyright, Passing-Off, Trademarks, Aviation, Letters of Credit, Sale and Carriage of Goods, Shipping, Anti-Discrimination, Breach of Confidence, Employment, Restraint of Trade, Committees, Guardianship, Town Planning Appeals, Land Resumption, Auditors’ Negligence, Disciplinary Proceedings, Medical Negligence, Solicitors’ Negligence, Surveyors’ Negligence, Cryptocurrency, Digital Assets, Telecommunications Licensing, 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

Accolades

for Jenkin Suen, SC

Jenkin Suen SC was ranked by Chambers and Partners Greater China Region 2024 in the field of Commercial Dispute Resolutions.

Chambers Review shared that “Jenkin Suen SC is noted by sources for his impressive handling of diverse public law, commercial and chancery matters. A counsel of choice for government entities and regulatory bodies, he is frequently seen in judicial review proceedings and land and planning disputes, in addition to maintaining a busy practice acting on company law, contractual and trust matters.

Clients commented that “Jenkin is a meticulous, hard-working and user-friendly barrister. His advice always suits the client’s need and commercial purpose” and “Jenkin is very responsive and diligent; a very capable counsel“.

— Chambers & Partners: Greater China Region (2024)

Jenkin Suen SC is accredited as a Leading Silk for Commercial Disputes.

— Legal 500 Asia Pacific: HK Bar (2024)

Jenkin Suen SC of Des Voeux Chambers is noted by sources for his impressive handling of diverse public law, commercial and chancery matters. A counsel of choice for government entities and regulatory bodies, he is frequently seen in judicial review proceedings and land and planning disputes, in addition to maintaining a busy practice acting on company law, contractual and trust matters.

Source commend “He has excellent knowledge of the law and is very thorough with advice and drafting. He is very hard-working, conscientious and user-friendly; lay clients really respect and like him. He is also very sound when it comes to litigation tactics.”

— Chambers & Partners: Greater China Region (2023)

Jenkin Suen SC is accredited as a Leading Silk for Commercial Disputes.

— Legal 500 Asia Pacific: HK Bar (2023)

Jenkin is lauded for his court craft and “has a good command of advocacy and is certainly able to explain matters to the court very succinctly.” He is also praised for being “logical and practical and calm but persuasive in making submissions to the court in difficult situations.” He is noted for his “impressive handling of diverse public law, commercial and chancery matters and is a counsel of choice for government entities and regulatory bodies.”  He frequently handles “judicial review proceedings and land and planning disputes, in addition to acting on company law, contractual and trust matters.”

— Chambers & Partners Greater China Region (2022)

Jenkin Suen SC ‘has an excellent knowledge of the law and is also outstanding with litigation tactics. He always provides thorough and well-considered advice.’ 

‘Jenkin is a hard worker and gets into the details of a case, becoming a master of the facts. He is a robust cross-examiner who provides thorough and considered advice.’ He is recognised as a Leading Silk for Commercial Disputes.

— Legal 500 Asia Pacific HK Bar (2022)

Jenkin Suen SC  is noted for his impressive handling of diverse public law, commercial and chancery matters. A counsel of choice for government entities and regulatory bodies, he is frequently seen on land and planning disputes, in addition to judicial review proceedings. He maintains a busy practice acting on company law, contractual and trust disputes, and continues to be sought out by listed companies, multinational corporations and financial institutions.

— Chambers & Partners Asia Pacific (2021)

“Jenkin is very hardworking, diligent and responsive, and his advice on both legal and procedural aspects demonstrates his knowledge and familiarity with civil rules and procedures, particularly in securities law.” 2019 Silk Jenkin Suen SC represented the plaintiffs in Eminent Investments v DIO Corporation, a case given leave to appeal to the Court of Final Appeal concerning the interpretation of “tail gunner clauses” in contracts with financial advisers to corporate transactions that make full fees payable if the transaction is aborted. Jenkin Suen SC is accredited as a 2019 Silk.

— Legal 500 Asia Pacific HK Bar (2021)

New silk Jenkin Suen SC of Des Voeux Chambers is singled out in particular by interviewees for the exceptional quality of his research and the fact that he has “clearly thought through all the points” of an issue, the results of which preparation are “crisp, logical arguments,” underpinning “a calm and measured approach and well thought out advice.” His versatile practice extends across the full commercial, public law and regulatory spectrum, and he is regularly active on behalf of government officials and agencies, particularly on land and planning issues.

— Chambers & Partners Asia Pacific (2020)

Jenkin Suen of Des Voeux Chambers maintains an impressively varied practice, being described by one source as “very good in regulatory, planning and administrative law matters” while another notes that he “knows a lot about company law and shareholder issues.” The latter interviewee adds that Suen is also notable for his combination of a measured approach with very quick reactions and opines that he is clearly “going to go places,” while a third contributor reports that he is “very client-oriented and solution-focused and very well liked by solicitors.” He is often instructed on behalf of government bodies in planning disputes.

— Chambers & Partners Asia Pacific (2019)

Jenkin Suen of Des Voeux Chambers maintains a wide-ranging commercial, public law and regulatory practice, focusing closely on company, insolvency and banking disputes and acting regularly for government bodies, particularly where planning questions are involved. Sources respect him as a “solid and hard-working” advocate who “knows his stuff” in such areas.

— Chambers & Partners Asia Pacific (2018)

“Jenkin Suen of Des Voeux Chambers acts on a wide range of commercial and chancery matters, offering particularly extensive knowledge of company law and winning praise for his impressive level of activity and dedication to his clients’ interests. He is often instructed by government departments and agencies, particularly with regard to land or insolvency disputes.”

— Chambers & Partners Asia Pacific (2017)

“Jenkin Suen of Des Voeux Chambers has a strong focus on commercial issues, as part of his larger corporate practice. One peer says he is “very dedicated, and goes the extra mile for his clients.” He is also noted by sources for his high level of activity and regular court appearances.”

— Chambers & Partners Asia Pacific (2016)

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