Eva Leung

  • B.B.A., The Chinese University of Hong Kong (First Class Honours)
  • B.A. in Jurisprudence, Oxford University [2012]
  • PCLL, University of Hong Kong [2013]

  • Tel: +852 3413 0657

Year of call

  • 2014(Hong Kong)

Practice areas

Conveyancing & Property
Public International
Regulatory & Securities
Trusts & Probate

Profile

Eva joined Des Voeux Chambers as a tenant in 2014. She has developed a broad civil practice, with experiences in commercial, company, tax, trusts, land, matrimonial, intellectual property and public law matters.  Prior to obtaining her degree in Jurisprudence from Oxford University in 2012, Eva graduated from the Chinese University of Hong Kong with a Bachelor of Business Administration degree majoring in Economics, with First Class Honours.

Benefiting from her academic background in business and financial field, Eva gained experiences in handling tax cases throughout her practice and is developing a specialty in this area of law.  She has appeared before the Board of Review, and has frequently provided tax advices to clients for matters concerning both internal tax arrangement and external communication with the Revenue.  She also acts as tax expert for companies intending to be listed on the Hong Kong Stock Exchange.

Eva has handled a wide range of company and commercial cases.  For instance, she has successfully, and unprecedentedly, obtained a winding up order against a solvent offshore company listed in Hong Kong on just and equitable grounds.  She has also represented the Official Receivers in an application for disqualification order against a director.

She frequently handled commercial injunctions and assets recovery matters such as Mareva injunctions, proprietary injunctions, Bankers Trust orders and Chabra injunctions against third parties.  She was involved in a landmark case in Chabra injunctions and has been successful in all related proceedings at the Court of First Instance and Court of Appeal levels.  In addition, Eva has dealt with multiple committal proceedings against defendants who have breached injunction orders and was successful in all of those proceedings.  

Eva regularly appears in arbitration proceedings, including a virtual international arbitration between a world-renowned multinational brand and its PRC distributor, and a virtual international arbitration on a USD 500m claim concerning redemption of bonds and share charges.  Eva has also successfully obtained anti-suit injunction for the discontinuation of civil proceedings in the PRC initiated in breach of an arbitration agreement.

Apart from representing private clients, Eva has been instructed by public bodies such as the Housing Authority, the Private Columbaria Licensing Board, Torture Claims Appeal Board and Non-refoulment Claims Petition Office.

Prior to her legal practice in Hong Kong, Eva has assisted Mr. David Perry Q.C. in two cases in the United Kingdom Supreme Court, namely R v Varma [2012] UKSC 44 (concerning confiscation orders) and R (Nicklinson) v Ministry of Justice [2014] UKSC 38 (concerning assisted suicide and euthanasia).  She also served as Judge’s Marshall in the Court of Final Appeal (with the Hon. Ma CJ, the former Chief Justice) and the Court of Appeal (with the Hon. Lam V-P, as Lam PJ then was), and the Divisional Court of England and Wales (Royal Courts of Justice) in London (with the Hon Royce J).

Eva sits as Deputy Adjudicator at the Small Claims Tribunal.  She is also a Contributing Annotator of The Annotated Ordinances of Hong Kong: Estate Duty Ordinance (Cap 111).

Arbitration and Anti-Suit Injunction/Company and Commercial Litigation

  • Giorgio Armani SpA and Others v Elan Clothes Co Ltd, CACV 9/2020; [2020] HKCA 384; HCCT 71/2018; [2019] 2 HKLRD 313; [2020] 1 HKLRD 354. On-going arbitration and anti-suit Injunction (successfully obtained the ex parte and inter partes anti-suit injunction concerning a parallel set of PRC proceedings - led by Mr. Barrie Barlow S.C.)
  • An Arbitration concerning obligations under bond certifications issued by offshore companies (as sole counsel)
  • Re L&A International Holdings, HCCW 72/2019. Successfully obtained a winding-up order against a solvent offshore company listed in Hong Kong on the basis of unfair prejudice / just and equitable grounds (led by Mr. Barrie Barlow S.C.)
  • China Medical Technologies Inc (In Liquidation) and Others v Wu Xiaodong and Others, HCA 3391/2016; CAMP 179/2019 and CACV 510/2019. Chabra Injunction. (Represented the innocent third party to successfully discharged a Chabra Injunction against properties held solely in the third parties’ name, with indemnity costs, and successfully resisted the related appeal – with Ms. Teresa Wu at the CFI and led by Ms. Rachel Lam S.C. at the CA level)
  • High Fashion New Media Corporation Ltd v Leong Ma Li and Another, HCA 1953/2014; HCMP 108/2016 & 1707/2016; HCMP 932/2020. (i) Breach of fiduciary duties. (Acted for the company and obtained an inter partes injunction for compliance with directors’ resolutions – led by Dr. William Wong S.C.) (ii) Committal – breaches of undertaking and injunction order (Acted for the company in two related committal proceedings in 2017, led by Mr. Jonathan Chang S.C.; acted for the company in another committal proceedings in 2022, led by Ms. Rachel Lam S.C.)

Revenue/Tax Related

  • An on-going case before the Board of Review, representing a multinational manufacturer on issues concerning offshore profit tax – decision to be handed down (led by Mr. Barrie Barlow S.C.)
  • Advisory work on income tax relating to share option schemes / employment-related benefits (led by Mr. Chua Guan Hock S.C.)
  • Advisory work concerning tax-related litigation or prosecution under the Inland Revenue Ordinance, Cap. 112 (including non-compliance incidents and tax evasion – led by Mr. Chua Guan Hock S.C.)
  • Advisory work concerning tax-related settlement agreement with the Inland Revenue Department under the Inland Revenue Ordinance, Cap. 112 (including procedural practice and common law issues – led by Mr. Chua Guan Hock S.C.)
  • Advisory work on profit tax liabilities of overseas companies, concerning issues of locality of profits (as sole counsel)

Cases involving Public Authorities and Judicial Review

  • Acted for Private Columbaria Licensing Board to resist various appeals and provide related written advices (appeared as sole counsel at hearings; led by Mr. Jenkin Suen S.C. and Mr. Eugene Fung S.C. for provision of written advices)
  • Acted for the Official Receiver at the trial of an application for disqualification order (as sole counsel)
  • Acted for Torture Claims Appeal Board / Non-refoulment Claims Petition Office on judicial review matters concerning interrogatories (as sole counsel)
  • Luk Yuk Han v Hong Kong Housing Authority & The Appeal Panel (Housing), HCAL 87/2016. (acted for the Housing Authority as sole counsel and successfully resisted an application for leave to apply for judicial review in relation to constitutional rights guaranteed by the Basic Law and the Bill of Rights.)

Land/Property/Chancery Litigation

  • An on-going case on land resumption (led by Mr. Barrie Barlow S.C.)
  • Mok Yim Hei v Hong Kong Housing Authority, CACV 147/2015 (successfully appealed against Lands Tribunal’s judgment concerning quantum of management fees awarded against HKHA – led by Mr. Johnny Mok S.C.)
  • Highmax Overseas Ltd and Others v Chau Kar Hon, Quinton and Another [2014] 3 HKLRD 584. Beddoe Order (acted for a trustee company in a Beddoe Order appeal – led by Mr. Douglas Lam S.C.)
  • Global Fair Industrial Ltd v Menno Leendert Vos, FAMV 7/2015. Knowing Receipt and Dishonest Assistance (successfully resisted an application for leave to appeal to the Court of Final Appeal – led by Mr. Douglas Lam S.C.)

Intellectual Property

  • Acron International Technology Ltd v Chan Yiu Wai and Another, HCA 1709/2010; CACV 32/2016 ([2017] 3 HKLRD 799); FAMV 13/2018. Employees’ Invention. (Appeared as junior counsel in the trial and successfully claimed against a former employee for patent of an invention innovated during the course of her employment; the first Hong Kong trial in this regard; successfully resisted the appeals to the Court of Appeal as well as the application for leave before the Court of Final Appeal - led by Ms. Winnie Tam S.C. and Ms. Rachel Lam S.C.)
  • Charles Ching Memorial Scholarship [2013]
  • Swire Scholarships [2007]
  • Dean’s List, CUHK [consecutive 3 years]
  • Distinguished Guest Speaker at the 2018 Shanghai International Arbitration Forum and Shanghai International Arbitration Week
  • Speaker of CPD tax seminars hosted by organizations such as LexisNexis Hong Kong, Legal Plus, etc.
  • Contributing Annotator of The Annotated Ordinances of Hong Kong: Estate Duty Ordinance (Cap 111)

English, Cantonese and Mandarin