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Vincent Chiu

BCL (OXON)
PCLL (HKU)
JD (HKU)
BBA (GBUS) (HKUST)
Vincent Chiu

Profile

Profile

Vincent was called to the Bar in 2016 and joined Des Voeux Chambers in the same year.

Vincent has a broad civil and commercial practice. He has appeared as a sole advocate in the Court of Appeal and High Court on various occasions.

On top of the various reported cases in company & insolvency, employment and other commercial and land matters, Vincent also frequently handles cyberfraud injunctions, family property disputes, contentious probate, and banking and regulatory matters. More recently, Vincent has ventured into the realm of mental health cases, having been a party to an important decision which affirmed the Hong Kong courts’ inherent protective jurisdiction over mentally incapacitated persons: [2019] HKCFI 2919. On the arbitration front, Vincent appeared as a led junior in a 6-day arbitration trial (HKIAC rules) and as the Presiding Arbitrator’s assistant in a 3-day arbitration (HKIAC rules) and frequently dealt with enforcement matters and ancillary injunctions in court.

From 2016 to 2021, Vincent has served as a Lecturer (Non-clinical) at the University of Hong Kong, teaching Equity & Trusts. He also frequently spoke at CPD seminars in a variety of areas.

Vincent is fluent in English, Mandarin and Cantonese.

Memberships & Appointments

  • ACIArb
  • Lecturer (Non-clinical) (Equity & Trusts) at University of Hong Kong (2016-2021)

Selected Cases

Arbitration:

– Sky Power Construction Engineering Ltd v Iraero Airlines JSC [2023] 3 HKLRD 654 (LCIA award; whether “fully virtual” arbitration hearing violated parties’ agreement so respondent unable to present case adequately; respondent’s application for extension of time to set aside enforcement order refused on merits)

– Firm H v W [2021] HKCFI 68 (security for applications to set aside enforcement order and award)

 

Company & Insolvency:

– Lo Siu Tim & Anor v Fitness Together Ltd & Ors [2022] HKCFI 2946 (costs of discontinuance of proceedings following delinquent directors relinquishing board control)

– Re China Saite Group Co Ltd [2021] HKCFI 2889; [2021] HKCLC 1471 (winding up petition against HK-listed company incorporated in the Cayman Islands)

– Kiu Hung Intl Holdings Ltd v Cheung Kwai Fung [2020] HKCFI 2288 (injunction to restrain presentation of winding-up petition)

– Roth v Orlov [2020] 3 HKLRD 240 (expert valuer in unfair prejudice petition); [2019] HKCFI 875 (discovery)

– Re ACE International (BVI) Ltd [2020] 2 HKLRD 508 (winding-up petition on unfair prejudice grounds of foreign company with no place of business in HK); [2021] HKCFI 1273 (release of undertaking)

– Harbour Front Ltd v Money Facts Ltd & Ors [2018] HKCFI 2596 (interlocutory injunction)

– Re Fonfair Co Ltd [2018] HKCFI 358 (trial of unfair prejudice petition)

– Kwok Hiu Kwan v Johnny Chen & Ors [2018] 6 HKC 394 (company meetings)

– Re Leco Watch Case Manufactory Ltd [2017] 2 HKLRD 388 (CA) (costs against liquidator personally)

– Chen Lian Ting v Zhang Qin & Ors HCA 2273/2016 (unrep., 31.5.2017) (multiple derivative action)

 

Civil Procedure:

– JG8 LLC v Quwu Trading Ltd & Ors [2023] HKCFI 645 (default judgment; email fraud)

– Canadian International Education Org Co Ltd & Anor v Ferris Cole [2023] HKCA 87; [2022] HKCFI 2725 (costs following dismissal of summary judgment application)

– Leung Wai Ping v AIA International Ltd [2022] HKDC 1062 (relief against sanctions)

– Law Yin Pok Bosco v Dr Chan Yee Shing Alvin [2021] HKCFI 3058 (Refusal of extension of time to commence taxation)

– Zhou Xi v Brink’s Hong Kong Ltd [2021] HKCFI 1645 (discovery; bailor/bailee estoppel)

– The Maitri Trust v Hong Fei Sheng (HK) Trading Co Ltd [2020] HKCFI 2764 (email fraud; successful discharge of Mareva injunction and partial discharge of proprietary injunction; application of the lowest intermediate balance rule in tracing)

– Leung So Hung Siem v Carson Wen & Ors [2019] 1 HKLRD 1123; [2019] 2 HKC 387 (leave to appeal)

– Pong Seong Teresa & Ors v Chan Norman [2018] HKCFI 788 (imprisonment order under Order 49B RHC)

 

Commercial / Chancery:

– Rich Profit Creation Ltd v Ko Chung Lun & Ors [2022] HKCFI 1946 (trial of breach of trust and fiduciary duties); [2020] HKCFI 1459 (interim payment)

– Liao Jin v Yick Hing Construction Co Ltd [2021] HKCFI 3290 (summary judgment)

– Evergreen Hong Kong Investment Ltd v IO of Tregunter & Anor [2023] HKDC 892 (consequential reliefs following Defendants’ failure to rectify water seepage within stipulated time); [2021] HKDC 1111 (trial of water seepage claim)

– The Pui Ying Middle School of Hong Kong v The Hong Kong Council of the Church of Christ in China [2021] HKCFI 692 (trial of claim for specific performance of contract in dispute in relation to school management and school sponsorship)

– Wise SRL v Apennine Holdings Limited & Anor [2021] HKCFI 809 (summary judgment)

– Re TBS [2019] HKCFI 2919 (inherent protective jurisdiction over mentally incapacitated persons); [2021] HKCFI 394 (costs of the proceedings)

– Chung Yuen Chu v Borrelli [2018] 2 HKLRD 898 (commercial mortgage)

 

Employment / Discrimination:

– 鄺偉明 v 基督教九龍五旬節會有限公司 [2023] HKDC 613; [2023] HKDC 880 (striking out of equal opportunities claim)

– Kwong Lai Yan v Scott Bingham & Anor [2020] HKDC 1193 (striking out of sexual harassment claim)

– China Wah Yan Healthcare Ltd & Ors v Dr Chan Leung Kwok Clement [2019] HKCFI 2047 (injunction; restraint of trade)

– Richfield Realty Limited v Mak Wai Man & Ors [2019] 2 HKLRD 759; [2019] 3 HKC 461; re-trial from HCLA 28-31/2015 (unrep., 23.6.2016) (calculation of holiday pay in commission-based remuneration employees)

– Leung Woon Ming v Full Flush Hldgs Ltd [2018] HKCFI 2703 (employment trial)

 

Land:

– Chan Tze Ngon v Chan Tsz Kon [2023] HKCFI 2066 (beneficial interest in property)

– Markland Global Investment Ltd v Tsui Hoi San & Anor [2022] HKDC 538 (setting aside of default judgment on counterclaim based on adverse possession)

– Mak Kam Chiu v IO of Fu Ming Court [2019] HKCA 1373; [2019] HKLdT 11; [2019] HKLdT 43 (striking out of action on res judicata grounds)

Scholarships and Awards

  • Middle Temple Scholarship for Advocacy
  • Weston Scholarship, China Oxford Scholarship Fund
  • Sweet & Maxwell Edlyn Yap Prize for Litigation
  • Des Voeux Chambers Junior Scholarship
  • HKU JD Subject Prizes in Commercial Law and Equity & Trusts
  • HKUST Academic Achievement Medal (Top 1% of Graduates), Dean’s List and University Scholarship

Publications / Lecture / Talks

  • Lecturer (Non-clinical) (Equity & Trusts) at University of Hong Kong (2016-2017; 2017-2018)
  • “Privilege against Self-incrimination: Assessing Recent Developments in Hong Kong” (2014) 8 HKJLS 43
  • CPD Seminar: “Updates on the Law Relating to Contentious Probate and Administration of Estates” (with Mr. Kerby Lau) (October 2016)
  • CPD Seminar: “Updates on Employment Law and Practice” (with Miss Connie Lee) (January 2017)
  • CPD Seminar: “Updates on Cross-Jurisdictional Company and Insolvency Litigation” (with Mr. Michael Lok) (April 2017)
  • Lecturer, International Commercial Arbitration (with Ms. Winnie Tam, S.C. and Ms. Kim Rooney), co-organised by Peking University and Hong Kong Bar Association (March 2017)

Specific Areas of Expertise

Arbitration as counsel, Enforcement of Arbitral Award, Mediation Advocacy, Bankers’ Duties, Credit Financing, Financial Mis-selling, Moneylenders’ Actions, Securities Law, SFC Enforcement Actions, Contract, Conflict of Laws, Equity, Tort, Unjust Enrichment, Negotiable Instruments, Sale of Goods, Corporate Governance, Compliance with Listing and Other Regulatory Rules, Derivative Action, Unfair Prejudice Petition, Bankruptcy, Restructuring, Schemes of Arrangement, Winding-Up, Anti-Discrimination, Breach of Confidence, Employment, Restraint of Trade, Committees, Guardianship, Asset Tracing, Bankers’ Books Orders, Discovery, Injunction, Norwich Pharmacal Orders, Adverse Possession, Building Management, Conveyancing, Easements, Landlord & Tenants Disputes

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