Cherry Xu

  • LLB (HKU) First Class Honours
  • PCLL (HKU) Distinction
  • BCL (Oxon)

Profile

Cherry is developing a broad practice in civil and commercial law. She has been involved in a wide range of cases including commercial disputes, securities, company, insolvency and bankruptcy, competition, intellectual property, probate, land, judicial review and regulatory matters.

Cherry obtained her LLB degree from the University of Hong Kong with First Class Honours, ranking top of her year. She proceeded to read BCL at Oxford University and graduated with a distinction in competition law. She has been awarded various scholarships and awards including the Rhodes Scholarship in 2013 and the Charles Ching Memorial Scholarship in 2016.

Prior to joining Chambers as a tenant in 2016, Cherry completed pupillage with Dr. William Wong S.C., JP, Mr. Johnny Ma, Ms. Rachel Lam S.C. and Mr. Derek CL Chan S.C..

Cherry is a native Mandarin speaker and is fluent in English and Cantonese.

  • Lee Kwok Wa & Others v The Securities and Futures Commission v Young Bik Fung & Others (2018) 21 HKCFAR 537, the first and landmark case in Hong Kong concerning the application of s.300 of the Securities and Futures Ordinance (Cap.571) to securities transactions conducted on an overseas securities exchange. Cherry appeared on behalf of the appellants in the Court of Appeal (CACV 33/2016, led by Mr. Paul Shieh S.C. and Mr. Derek Chan S.C.) and in the Court of Final Appeal (led by Mr. Gerard McCoy Q.C., S.C. and Mr. Derek Chan S.C.).
  • Sky Joy Investment Ltd v Zheng Dunmu & Another (HCA 385/2016, 16.08.2017), representing the plaintiff in a dispute over the equitable interest in the shares in a listed company, which concerned the creation of equitable mortgage and priority between competing equitable interests.
  • Sky Joy Investment Ltd v Zheng Dunmu & Another [2018] HKCA 259 (unreported, CACV 205/2017, 04.05.2018), representing the plaintiff; successfully resisted the appellant’s application to file new evidence at the appeal stage.
  • Chen Lingxia v 中国金谷国际信托有限责任公司 & Others [2019] HKCFI 379; (unreported, HCA 2012/2018, 15.2.2019), interlocutory applications concerning disputes over the title to the shares of a Hong Kong company, involving charge / mortgage over the shares executed in the PRC and purported auctions of the underlying debt and/or the charge / mortgage on Taobao in the PRC.
  • Canton Plus Enterprise Ltd & Another v Tong Zhenjun & Others [2018] HKCFI 1402; (HCA227/2017, 15.12.2017), representing the plaintiffs in an interlocutory application for order to preserve and inspect documents.
  • Better Marine International Limited v Zhong Shan Company Limited (unrep., HCA 958/2014, 30.11.2016), representing the plaintiff in a dispute over the commission under a ship building brokerage contract.
  • China Shanshui Cement Group Ltd & Others v Mi Jingtian & Others [2018] HKCFI 1553 (unreported, HCA 762/2017, 19.07.2018), dispute concerning conflicts between shareholders of companies listed on the Hong Kong Stock Exchange, and their subsidiaries, as well as the validity of the appointment of the directors of such companies; representing the defendants in this action and successfully applied to discharge interlocutory injunction against the defendants.
  • Taching Petroleum Co., Ltd v Meyer Aluminium Ltd [2018] HKCFI 2095; (unreported, HCA 1929/2017, 07.09.2018), the first case in Hong Kong where a competition defence was raised in civil proceedings; representing the plaintiff; concerning the transfer of proceedings to the Competition Tribunal and the other case management matters.
  • Taching Petroleum Co., Ltd v Meyer Aluminium Ltd [2019] HKCFI 515; (unreported, HCA 1929/2017, 22.02.2019), concerning whether the civil proceedings should be stayed pending the resolution of the issues related to the competition defence in Competition Tribunal proceedings.
  • Taching Petroleum Co., Ltd v Meyer Aluminium Ltd [2019] HKCT 1; [2019] 2 HKLRD 205, concerning the making of a confidentiality protocol in competition proceedings concerning a competition defence raised in civil proceedings.
  • Million-Add Development Ltd v Nok Wah Logistic (Hong Kong) Co Ltd (unrep., HCA 2873/2015, 09.09.2016), representing the plaintiff in an O.14 application for summary judgment for, inter alia, possession of property, damages, and an account of profit.
  • Sap Products Ltd v Xena Security Ltd & Another (unrep., DCCJ 2014/2015, 30.12.2016), representing the second defendant in an application to strike out the statement of claim.
  • Sugisaki Kiso Co., Ltd v Hsin Chong Construction Company Limited & Another (unreported, HCCT 13/2017, 18.6.2017), representing a foreign plaintiff; successfully resisted the defendants’ application for security for costs.
  • Provided legal advice and/or drafting work in relation to, inter alia, the following areas (in relation to listing, litigation or arbitration):

                 - Securities (including insider dealing and various applications under the SFO)

                 - Competition

                 - Regulatory

                 - Company and insolvency

                 - Contract

                 - Property

                 - Intellectual Property

                 - Trust

  • Rhodes Scholar for Hong Kong 2013
  • Charles Ching Memorial Scholarship 2016
  • Maxwell Law Prize 2013
  • Law Society of Hong Kong Prize in Professional Practice and Management 2013
  • Hou De Charitable Foundation Scholarship for the Postgraduate Certificate in Laws Programme (2012-2013)
  • The Bank of East Asia Scholarship (2011-2012)
  • M.W. Lo Memorial Scholarships (2011-2012)
  • The Hong Kong Institute of Chartered Secretaries Scholarships (2011-2012)
  • Rowdget W Young Medal in Law (2011-2012)
  • Professor Dafydd Evans Memorial Scholarship Class 1972 (2011-2012)
  • The Des Voeux Chambers Junior Scholarship (2010-2011)
  • Bank of East Asia Golden Jubilee Scholarship (2010-2011)
  • Chan Kai Ming Prize (2009-2010)
  • Linklaters Prize for Overall Excellence in Law: Year II (2009-2010)
  • Madam Lau Kit Fong (Sau Chee) Memorial Scholarship (2009-2010)
  • The Sola Gratia Foundation Scholarships (2009-2010)
  • Dean’s Honours List (2011-2012)
  • Dean’s Honours List (2009-2010)
  • Dean’s Honours List (2008-2009)
  • “Copyright Protection in the Digital Age: A Tripartite Balance”, Hong Kong Law Journal, Vol. 42, Part 3 of 2012 (Autumn 2012).

English, Cantonese, Mandarin