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Martin Kok

BCL, University of Oxford (Distinction)
LL.B., University of Hong Kong (First Class) (Rank 1)
M.Sc., University of Oxford (2011)
Rhodes Scholar (2011)
Bar Scholar (2013)
Charles Ching Scholar (2013)

“Martin is accredited in Legal 500 Asia Pacific (2024) as a Leading Junior in Commercial Disputes.”

- Legal 500 Asia Pacific (2024)

Profile

Profile

Martin is a Rhodes Scholar, and is also a Bar Scholar and a Charles Ching Scholar.  He obtained a Distinction in his postgraduate BCL degree at the University of Oxford, after he received First Class Honours in his LLB at the University of Hong Kong (ranking first in his year).

He joined Des Voeux Chambers in 2014, and his practice covers both advisory and advocacy work in civil, public, and matrimonial law.  Apart from advocacy work at the various Court levels, Martin has handled a range of commercial arbitration cases, primarily before arbitral tribunals under HKIAC or UNCITRAL rules.  He has also provided expert opinion on Hong Kong law before the Supreme People’s Court of the PRC.

Martin is a part-time Lecturer (Non-Clinical) at the Department of Law of the University of Hong Kong.  His writings have appeared in publications ranging from the Restitution Law Review and the Journal of Intellectual Property Law & Practice.

As from 2016, Martin has served on a number of Committees of the Hong Kong Bar Association, including the Committee on Companies Law, the Committee on Intellectual Property, the Committee on Competition Law, and the Committee on Constitutional Affairs and Human Rights.

Selected Cases

Court of Appeal

  • Yeung Bing Kwong Kenneth v. Mount Oscar Ltd [2019] 3 HKLRD 575 – Court of Appeal – Appeal in relation to a declaration and injunctive relief that a company’s ordinary resolution to remove a director is invalid or otherwise null and void
  • Re Sun Fung Timber Co Ltd [2022] HKCA 1655 and HKCA 1660 (led by Anson Wong SC) – Court of Appeal – Appeal against an order dismissing a winding-up petition based on debt arising from arbitral award, and application for leave to appeal to the CFA
  • Allied Ever Holdings Ltd v. Li Shu Chang and Ors [2021] HKCA 577 (led by Wong Yan Lung SC and with Alan Kwong) – Court of Appeal – Appeal in relation to the discharge of appointment of liquidators
  • Success House Industries Ltd and Others v. Liao Chen Toh [2021] HKCA 1148 (led by Edward Chan SC and Anson Wong SC) – Court of Appeal – Appeal in relation to contempt proceedings for alleged breach of Court orders
  • Re China Properties Group Limited [2024] HKCA 443 (led by Anson Wong SC) – Court of Appeal – Appeal against winding-up order and application for fresh evidence on appeal
  • Ageas Insurance Company (Asia) Ltd v. Lam Hau Wah Inneo CACV 65/2014 (9 January 2015) (led by Mark Strachan SC) – Court of Appeal – Contractual dispute between insurance company and former regional director and agency manager
  • Lee Chick Choi v. Best Spirits Company Limited CACV 138/2015 (24 February 2017), CACV 25/2015 (22 June 2017) – Court of Appeal – Appeal against bankruptcy order and application for recusal of Judge to hear appeal, and striking out of appeal against Judge’s dismissal of Statutory Demand
  • Ho Loy v. Director of Environmental Protection and Chief Executive in Council CACV 216/2014 (27 May 2016) (led by Anson Wong SC) – Court of Appeal – Application for an extension of stay of proceedings upon the filing of memorandum of notification legal aid application
  • Bright Gold Limited v. Mega Well Development Limited [2019] HKCA 1440 (led by Anson Wong SC) – Court of Appeal – Stay of execution pending appeal in relation to a dispute relating to sale and purchase of landed properties
  • Savills (Hong Kong) Ltd v. Kit Wang Group (China) Ltd. CACV 212/2015 (26 May 2016) – Court of Appeal – Appeal against the granting of summary judgment in dispute involving sale and purchase of property
  • Ip Pui Lam Arthur and Another v. Ho Yuk Wah David (A Bankrupt) and Others [2018] HKCA 604 (led by William Wong SC) – Court of Appeal – Proprietary injunction in relation to disposal of certain sums held in escrow account

 

Court of First Instance

  • The University of Hong Kong v. Hong Kong Commercial Broadcasting Co Ltd [2016] 4 HKLRD 113; [2016] 4 HKC 583 (Trial), [2016] 1 HKLRD 536; [2015] 6 HKC 677 (Interlocutory injunction) (led by Clifford Smith SC) – Court of First Instance – Injunction restraining for breach of confidence in connection with discussions in the Council of the University of Hong Kong
  • Hundred Gain International Holding Ltd v. Cheng Mei Holdings Ltd (Receivers and Managers Appointed) and Ors. [2023] 5 HKLRD 528 (led by Benjamin Yu SC) – Court of First Instance – Applications by receivers concerning the sale and purchase of Grade-A office tower in Hong Kong
  • Re China Properties Group Limited (in liquidation) [2023] 4 HKLRD 811 (led by Audrey Eu SC) – Court of First Instance – Injunction application by liquidators appointed in Hong Kong against directors of offshore companies
  • Sima Sai Er v. Next Magazine Publishing Ltd and Ors. HCA1500/2014 (8 August 2014) (led by Anson Wong SC) – Court of First Instance – Interlocutory injunction restraining publication of materials on the ground of breach of confidence/ misuse of private information
  • Relevant employees whose shares in China Shanshui Investment Company Limited held by Zhang Caikui on trust and Anor. v. Zhang Caikui and Anor. HCA 1661/2014 etc. (10 November 2017) (led by Winnie Tam SC) – Court of First Instance – application for joinder as an intervener or additional defendant
  • Chen Hongqing v. Mi Jingtian and Others [2018] HKCFI 1169 (led by Johnny Mok SC, and with Stephanie Wong) – Court of First Instance – Application to discharge interim receivers appointed in aid of arbitration in the PRC
  • Summit Prestige Enterprises Ltd v. Peak No. 1 Holdings Ltd [2024] HKCFI 999 (led by Victor Joffe KC, SC) – Court of First Instance – Application for appointment of provisional liquidators by BVI petitioners against Hong Kong subsidiaries
  • Re First Natural Foods Holdings Limited HCMP 205/2013 (17 February 2017) – Court of First Instance – Petition brought by SFC pursuant to S.214 of the Securities and Futures Ordinance (Cap. 571) in respect of the affairs of a Bermudan company listed in Hong Kong
  • Re China Fishery Group Ltd. and China Fisheries International Limited HCMP 367, 368/2015 (17 March 2016) (led by William Wong SC) – Court of First Instance – Application for the continuation of ex parte orders appointing provisional liquidators
  • Re Luen Tat Watch Bank Manufacturer Limited HCCW 497/2009 (27 November 2017) (led by Wong Yan Lung SC, William Wong SC, and with Alan Kwong) – Court of First Instance – Application for an order to stay the winding-up order against the company and to discharge the appointment of  liquidators
  • Guangdong Shunde Zhanwei Trading Ltd (廣東順德展煒商貿有限公司) v. Sun Fung Timber Co Ltd (新豐木行有限公司) [2022] 1 HKLRD 441 (led by Anson Wong SC) – Court of First Instance – Application to set aside order to enforce PRC arbitral award, including on grounds of fraud and public policy
  • China Stem Cells Holdings Ltd v. Zheng Ting and Others [2024] HKCFI 481 (led by Anson Wong SC) – Court of First Instance – Trial of preliminary issues commenced by Cayman-appointed provisional liquidators relating to legal effect of corporate documents
  • Fan Ren Da Anthony and Anor. v. The Stock Exchange of Hong Kong Ltd [2023] HKCFI 2932 (led by William Wong SC) – Court of First Instance – Judicial review application by independent non-executive directors against decision of Listing Review Committee of the Hong Kong Stock Exchange
  • Cheung Ka Yan and Ors. v. Grand XI Investments Pte Ltd and Ors. [2023] 3 HKLRD 82 – Court of First Instance – Injunction application by a company in receivership against former directors relating to first-hand luxurious residential development project
  • Re CIF International Construction Co., Ltd. HCMP 3219/2016 (14 March 2017) – Court of First Instance – Application for removal and appointment of liquidators and for Lazarus Order to restore company under S.290 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32)
  • Nerium Biotechnology, Inc. and Ors v. Nerium International, LLC and Anor. [2018] HKCFI 674; HCA 1188/2016 (24 November 2016) (led by Ms. Winnie Tam SC) – Court of First Instance – Application for interlocutory injunction to restrain the infringement of registered trade mark, passing off and breach of contract
  • Hengshi International Investments Limited v. Bayspring International Ltd and Anor. HCMP 1916/2015 (18 December 2015, 17 and 21 March 2016) (led by Anson Wong SC) – Court of First Instance – Proprietary injunction in aid of arbitration and order for disclosure of bankers’ records in relation to loan and security arrangements
  • Dragon Success Enterprises Limited v. Aeso Holding Limited HCMP 1647/2017 (4 September 2017) (led by Barrie Barlow SC) – Court of First Instance – Application to appoint interim receivers over the entire shareholding of a wholly-owned subsidiary of a Hong Kong-listed company
  • Chen Ningning v. King & Wood (a firm) HCMP 163/2012 (21 March 2016) (led by Anson Wong SC) – Court of First Instance – Hearing of preliminary issues in originating summons in which plaintiff sought to tax bills issued by defendant firm
  • Tong Wun Ying Polly v. Appeal Tribunal (Buildings) and Another [2021] HKCFI 2119 – Court of First Instance – Application for leave to apply for judicial review against decisions made by the Appeal Tribunal (Buildings)
  • Liao Chen Toh v. Loyal International Enterprises Co. Ltd. HCA 2302/2014 (30 March 2016) (led by Anson Wong SC and with Benny Lo) – Court of First Instance –Application for proprietary injunction to restrain the dealing of monies transferred from companies’ bank account
  • Mice Engineering Ltd v. Johnson Controls Hong Kong Ltd [2022] HKCFI 2768 – Court of First Instance – Application for stay of proceedings in favour of arbitration
  • Fubon Bank (Hong Kong) Ltd v. Union Sharp Hong Kong Investment Ltd and Ors [2022] HKCFI 1509 – Court of First Instance – Mortgage action involving defences including undue influence, misrepresentation, and estoppel
  • Shenzhen Hina New Economy Equity Investment Fund Partnership (Ltd Partnership) v. Unipax Properties, Llc [2021] HKCFI 2912 (led by Anson Wong SC) – Court of First Instance –  Proprietary injunction over the shareholding in a Hong Kong company, in aid of CIETAC arbitration under S.45 of the Arbitration Ordinance (Cap. 609)
  • Savills (Hong Kong) Ltd v. Kit Wang Group (China) Ltd. HCA 1779/2014 (24 August 2015) – Court of First Instance – Appeal against the granting of summary judgment in dispute involving sale and purchase of property
  • Re Lee Siu Fung, Siegfried [2017] 1 HKLRD 1155 – Court of First Instance – Application for a private examination order under S.29 of the Bankruptcy Ordinance (Cap. 6)
  • Re CNT Group Limited HCMP 1454 & 2548/2017 (13 December 2017) (led by Anson Wong SC) – Court of First Instance – Application for leave to commence to commence derivative action and petition for unfair prejudice
  • Mayer Corporation Development International Limited v. Alliance Financial Intelligence & Ors. HCCL 2/2016 (11 August 2016) – Court of First Instance – Security for costs application in claim to set aside Court judgments in respect of dispute as to beneficial ownership of shares
  • Re L & A International Holdings Limited [2017] 3 HKC 507 (led by William Wong SC and with Stephanie Wong) – Court of First Instance – Interlocutory injunction in relation to dispute over voting rights exercisable in Hong Kong-listed company
  • FT Life Insurance Company Limited v. Choy Hoi Yan Jacqueline HCA 1599/2014 – Court of First Instance – Civil Trial in relation to contractual dispute between insurance company and insurance agent
  • Standard Chartered Bank (Hong Kong) Limited v. Ease Keen International Limited and Ors. HCA 1622/2016, HCMP 2687 & 2688/2016 (6 November 2017) – Court of First Instance – Applications for consolidation of actions and for the conversion of OS into writ action
  • Thiess Mongolia LLC v. Mongolia Energy Corporation Ltd HCA 34/2016 (4 December 2017) (led by Clifford Smith SC) – Court of First Instance – Application for specific discovery in context of mining dispute
  • Citibank N.A. v. Hunter Socks & Apparel International Limited HCMP 2063/2016 (25 July 2017) – Court of First Instance – Application for leave to appeal against Judge’s decision in relation to exclusive jurisdiction clause in favour of foreign Court
  • DBS Bank (Hong Kong) Ltd. v. Cheng Mei Ling and Ors HCMP 1825/2016 (21 September 2017) – Court of First Instance – Mortgage action by OS for delivery of vacant possession as against the registered owner and mortgagor, in which defendant raised defence of undue influence and applied for OS to be continued as if begun by writ
  • Re First Ocean Financial Holdings Co Ltd [2022] 1 HKLRD 798 – Court of First Instance – Application to set aside winding-up order under RHC O.35, r. 2 and rule 210 of Companies (Winding-up) Rules (Cap.32H)
  • China CITIC Bank Corporation Limited (Quanzhou Branch) v. Li Kwai Chun and Ors [2018] HKCFI 1800 (led by Anson Wong SC) – Court of First Instance –  Applications for continuation and discharge of Mareva Injunction
  • Canton Plus Enterprise Ltd and Anor v. Tong Zhenjun and Ors [2018] HKCFI 1402 (led by Anson Wong SC), [2018] 1 HKC 277 with Rachel Lam – Court of First Instance – Interlocutory injunction in relation to the inspection and disclosure of documents belonging to various shipping companies
  • Lau Wing Yan v. The Owners and/or Demise Charterers of the Ship or Vessel “BBG Glory” HCAJ 77-80/2017 – Court of First Instance – Application to vary costs order nisi
  • Smart Trike MNF Pte Ltd and Ors v. Chiu Sui Chun and Ors [2018] HKCFI 562 (led by Anson Wong SC) – Court of First Instance – Application for amendment of pleadings in copyright, breach of confidence, and breach of fiduciary duties claim
  • Ip Pui Lam Arthur and Another v. Ho Yuk Wah David (A Bankrupt) and Ors [2018] HKCFI 455 (led by William Wong SC) – Court of First Instance – Application to discharge proprietary injunction over funds allegedly held on trust
  • Leung Siu Man and Others v. Leung Yiu Tai [2019] HKCFI 1971 (with Alan Kwong) – Court of First Instance – Trial in relation to beneficial ownership of landed property in New Territories
  • Leung Kwok Chun v. SEAVI Advent Asia Investments (IV) Ltd HCSD 16/2016 (29 November 2016) (led by Richard Khaw SC) – Court of First Instance – Application to set aside statutory demand based on consent order
  • Re Leung Lai Hing Cindy HCB 777/2015 (3 April 2017) – Court of First Instance – Bankruptcy petition based on non-compliance with statutory demand and involving debtor’s defence of undue influence
  • On Your Mart Co Limited v. Cosway (HK) Limited HCA 1060/2012 (28 July 2015) (led by Anson Wong SC) – Court of First Instance – Civil Trial involving contractual dispute in relation to courier service agreement
  • Ageas Insurance Co (Asia) Ltd v. Choy Hoi Yan, Jacqueline HCA 1599/2014 (unrep., 8 July 2016) – Court of First Instance – Contractual dispute in relation agent’s contract between insurance company and agent
  • Re Girolami QC [2017] 1 HKLRD 1226 (led by Richard Khaw SC) – Court of First Instance
  • Re David Gerard Goldberg QC HCMP 3016/2014 (9 December 2014) (led by Li Chau Yuen SC) – Court of First Instance

 

Other Courts and Tribunals

  • Wan Koon Wo v. Li Yin Nai and Anor. DCCJ 1994/2012 (22 July 2015) – District Court – a 12-day trial in relation to land boundary and party wall disputes in the New Territories
  • Administrative Appeals Board – Appeal in Yiu Wing Ching, John v. Privacy Commissioner for Personal Data AAB No.46/2014 against the decision of the Privacy Commissioner for Personal Data to terminate investigation (25 March 2015)
  • Medical Council Inquiry – Disciplinary inquiry hearing on charges of professional misconduct relating to treatment of pneumothorax patient (2024)
  • PIBA Appeal Committee – Appeal from the decision of the Disciplinary Committee of the Professional Insurance Brokers Association in relation to charges of misconduct of financial adviser (29 January 2016)
  • Veterinary Surgeons Board – Disciplinary Inquiry hearing in relation to charges of administration of inappropriate dosage of medication and failure to compile appropriate or adequate medical records (21 September 2016)
  • Travel Industry Council Appeal Board – Appeal against TIC Compliance Committee in relation to decisions imposing penalties for contravention with Directive No. 157 (31 March 2017)

 

Commercial Arbitration

  • Commercial Arbitration – CIETAC Rules – Cross-border dispute involving winding-up and unfair prejudice proceedings in relation to real estate business in Beijing (led by Benjamin Yu SC) (2023 to 2024)
  • Commercial Arbitration – UNCITRAL Rules – Dispute as to the construction of contractual agreement governing public utility (led by Jonathan Crow QC and Anson Wong SC) (2016)
  • Commercial Arbitration – UNCITRAL Rules – Application to challenge the Arbitral Tribunal’s jurisdiction in the context of contractual dispute over hotel development in the PRC (led by Ambrose Ho SC) (27 August 2015)
  • Commercial Arbitration – CIETAC Rules – Substantive arbitration hearing in case involving breaches of sales and services agreement in relation to installation of acrylic panels (July 2021)
  • Commercial Arbitration – HKIAC Rules – Substantive arbitration hearing for commercial and shareholding disputes in relation to companies under VIE (variable interest entity) structure (December 2019)
  • Commercial Arbitration – HKIAC Rules – Substantive arbitration hearing in relation to share redemption agreement entered into by reason of misrepresentation (November 2019)
  • Commercial Arbitration – HKIAC Rules – Substantive arbitration hearing in relation of breach of sales agent contract in air passenger services business (November 2017)
  • Commercial Arbitration – HKIAC Rules – Application to set aside interim injunctive relief to retrain removal of director
  • Commercial Arbitration – HKIAC Rules – Emergency arbitration procedure in relation to interim relief to restrain disposal of shares and removal of directorship
  • Commercial Arbitration – HKIAC Rules – Contractual dispute in relation to the operation of a wharf business in the PRC

Scholarships and Awards

  • Rhodes Scholarship (2011)
  • Bar Scholarship (2013)
  • Charles Ching Memorial Scholarship (2013)
  • Joint Law Society of Hong Kong / Bloomsbury Book Prizes (2011)
  • Maxwell Law Prize (2011)
  • Association of China-Appointed Attesting Officers Scholarship (2011)
  • Hou De Charitable Foundation Scholarship (2010-2011)
  • M.W. Lo Memorial Scholarships (2007-2008, 2008-2009, 2009-2010)
  • Dean’s Honours List (2006-2007, 2007-2008, 2008-2009, 2009-2010)
  • Professor Dafydd Evans Memorial Scholarship (by the Class of 1972) (2009-2010)
  • Simon K Y Lee Medal in Law (2009-2010)
  • Deacons Prize in Law (2009-2010)
  • Haldanes Moot Cup (2009)
  • HSBC Hong Kong Scholarship (2008-2009)
  • Lovells Scholarship in Law (2008-2009)
  • Mr. Alan Leong S.C.’s Chambers Scholarships in Public Law (2007-2008)
  • Des Voeux Chambers Junior Scholarship (2007-2008)
  • Kai Chong Tong Scholarships (2007-2008)
  • Peter Willoughby Memorial Prize for Criminal Law (2007 – 2008)
  • Linklaters Prize for Overall Excellence in Law (2006-2007)
  • Ho Fook Prize (2006-2007)

Memberships & Appointments

  • Committee Member, Committee on Intellectual Property, Hong Kong Bar Association (2018 – present)
  • Committee Member, Committee on Competition Law, Hong Kong Bar Association (2016 – present)
  • Committee Member, Committee on Companies Law, Hong Kong Bar Association (2016 – 2018)
  • Committee Member, Committee on Constitutional Affairs and Human Rights, Hong Kong Bar Association (2016 – 2018)
  • Lecturer (Non-Clinical), Department of Law, The University of Hong Kong (2015 – present)
  • Coach, Mooting and Dispute Resolution Programme, The University of Hong Kong (2014 – 2018)

Relevant Past Positions

  • Committee Member, Oxford Lawyers without Borders (OxLWOB) (2012-2013)
  • Editor, Hong Kong Journal of Legal Studies (HKJLS) Editorial Board (2007-2009)
  • Committee Member, Equal Opportunity Committee, The University of Hong Kong (2009)

Publications / Lecture / Talks

  • Contributing Editor of Hong Kong Civil Procedure (the “White Book”) (Sweet & Maxwell)
  • “The Rule in Seldon v Davidson and the “Absence of Basis” Approach Revisited in Hong Kong” [2015] Restitution Law Review, Vol. 23, 128 (co-authored with Kelvin Kwok)
  • “The storm over a teacup: Hong Kong top court clarifies IP law” Journal of Intellectual Property Law & Practice (2016) 11 (6): 408-410 (co-authored with Stephanie Wong)
  • “Substance and Procedure in the Hong Kong Conflicts of Laws: Redrawing the Boundaries and Affording Substance to ‘Substance’” (2011) 5 HKJLS 109
  • “Insolvency Proceedings and Liquidation Works” (2016) ALE Seminar (with Linda Chan SC, Eva Sit, and Vincent Chen)
  • “Minority Shareholders’ Remedies” (2017) CPD Seminar
  • “Injunctions: Holding the Ring in Commercial Litigation” (2017) CPD Seminar
  • “Unlocking the Law of Restitution” (2017) CPD Seminar
  • “Litigating Trade Mark and Passing-Off Disputes” (2017) CPD Seminar
  • “Breach and Confidence and Misuse of Private Information in Hong Kong” (2016) CPD Seminar
  • “Demystifying the Law of Unjust Enrichment” (2014) CPD Seminar
  • “Ring-fencing Domestic Property: Is there a solution?” (2014) CPD Seminar

Accolades

for Martin Kok

Martin is accredited in Legal 500 Asia Pacific (2024) as a Leading Junior in Commercial Disputes.

 

— Legal 500 Asia Pacific (2024)

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