Jonathan Chan

  • BA in Economics (Distinction), University of California, Berkeley
  • JD (First Class Honours), University of Hong Kong
  • LLM, University of Cambridge

Profile

Jonathan's practice covers a broad range of civil and commercial areas, with an emphasis on company, corporate insolvency, bankruptcy, competition, trusts and land matters.

Since joining Des Voeux Chambers in 2015, Jonathan has appeared in the Court of First Instance and the Court of Appeal, both in his own right and as junior counsel. He is regularly instructed in trials and interlocutory applications including striking out, summary judgment, default judgment, expert evidence, specific discovery and security for costs, and also routinely receives instructions for advisory work. 

Jonathan obtained his JD degree with First Class Honours from the University of Hong Kong and his LLM degree from the University of Cambridge specialising in commercial law with a full scholarship. Prior to reading law, he studied Economics at the University of California, Berkeley, and graduated with Distinction.

 

COMPANY & INSOLVENCY

  • Re China Solar Energy Holdings Ltd (No. 2) [2018] 2 HKLRD 338 (leading authority on whether provisional liquidators can be appointed for the purpose of pursuing a corporate debt restructuring; whether listing status was an asset) (led by Mr José-Antonio Maurellet SC and with Mr John Hui)
  • Re China Solar Energy Holdings Ltd [2017] 2 HKLRD 1074 (role of provisional liquidator, approval of documents relating to restructuring) (led by Mr José-Antonio Maurellet SC)
  • Ge Qingfu & Ors v L&A International Holdings Ltd & Ors [2018] HKCFI 2742; HCMP 2222/2016 (8-day trial of an originating summons seeking relief under Sections 728-730 of the Companies Ordinance (Cap. 622); breach of directors’ duties in relation to the grant of share options in a listed company) (with Mr Justin Lam)
  • Guang Sheng Investment Development Group Ltd v China Investment Fund Co Ltd [2016] HKCFI 1182; HCA 1847/2016 (discharging an ex parte injunction order; chairman’s power to adjourn general meeting) (led by Dr William Wong SC, JP)
  • L v X Ltd [2017] HKCFI 1043; HCMP 1002/2017 (application for leave to commence statutory derivative action under Sections 732 and 733 of the Companies Ordinance (Cap. 622)) (as sole counsel)
  • Securities and Futures Commission v Tse On Kin HCMP 210/2017 (disqualification order under Section 214 of the Securities and Futures Ordinance (Cap. 571)) (led by Mr Douglas Lam SC)
  • Advised and acted for companies / directors in a number of proceedings involving allegations of breach of fiduciary duties and claims for account of profits and equitable compensation
  • Appeared and acted for petitioners / shareholders in winding up petitions (on the insolvency ground and/or on the just and equitable ground) and in unfair prejudice petitions, e.g. Re China Solar Energy Holdings Ltd HCCW 108/2015; Re Offmax Ltd HCCW 250/2018
  • Advised on shareholders’ rights in unfair prejudice petitions and derivative actions
  • Appeared on behalf of creditors / debtors in a number of HCSD proceedings, e.g. Xiao Zhiyong v Asia Equity Value Ltd [2017] HKCFI 1309; HCSD 46/2016 (setting aside a statutory demand based on contravention of the Money Lenders Ordinance (Cap. 163); whether loans were exempted loans; whether loan agreements were illegal for charging excessive interest rates) (with Mr John Hui)
  • Appeared on behalf of petitioners / debtors in bankruptcy petitions, e.g. Re Xiao Zhiyong [2018] HKCFI 522; HCB 873/2017 (bankruptcy petition; service of statutory demand) (with Mr John Hui); Re Carl Cheung HCB 6679/2015 (as sole counsel)

 

CIVIL & COMMERCIAL

  • Taching Petroleum Co Ltd v Meyer Aluminium Ltd [2018] 2 HKLRD 1284 (leading authority as regards setting up breach of competition law as a defence in civil proceedings and the relevant procedures under section 113 of the Competition Ordinance (Cap. 619); alleged price collusion in breach of the first conduct rule in section 6(1) of the Competition Ordinance (Cap. 619)) (with Mr John Hui)
  • Resorts World At Sentosa Ltd v Sze Siu Hung [2018] HKCFI 1646; HCMP 1167/2017 (registration of foreign judgment in Hong Kong; proper construction of Section 6(1)(a)(iii) of the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319)) (led by Mr Anson Wong SC and with Mr John Hui)
  • Chu Kwok Fai v Tang Fai DCCJ 3768/2015; [2017] HKDC 510 (4-day trial conducted in Chinese; a claim based on breach of contract and unjust enrichment) (as sole counsel); [2018] HKDC 92 (leave to appeal and stay of execution) (as sole counsel)
  • Siberian Mining Group Ltd v Cheung Keng Ching & Ors [2017] 2 HKC 512 (a claim based on alleged fraud and fraudulent breach of trust; principles concerning amendment of pleadings made outside limitation period) (with Mr John Hui)
  • Advised and acted for corporate and personal guarantors in respect of claims based on guarantee and enforcement of securities (as junior counsel)
  • Advised and acted in High Court actions concerning disputes over construction projects, e.g. Cyber On-Air (Asia) Limited v China Comservice (Hong Kong) Limited HCA 379/2015 (as sole counsel); Yu Hing Air-conditioning Engineering Limited v Lam Wai Hung and Lam Shi Yin HCA 2119/2014 (as sole counsel)
  • 北京橙天嘉禾影視製作有限公司 v 張承勷 HCA 2481/2013 (setting aside default judgment; whether condition should be imposed) (as sole counsel); HCMP 2666/2016 (leave to appeal application before the Court of Appeal) (as sole counsel)
  • Ardis International Kindergarten Limited v Tang Kai Ming Kenneth & Ors DCCJ 4649/2015 (security for costs under Section 905 of the Companies Ordinance (Cap. 622)) (as sole counsel)

 

LAND & TRUSTS

  • Ng Po Yu & Anor v Lam Kai On, the executor of the estate of Wong Mui [2018] HKCFI 1618; HCA 77/2014 (4-day trial involving a claim of common intention constructive trust, proprietary estoppel and reimbursement) (with Mr Gary Lam)
  • Lam Sai Wai v Minloy Ltd [2016] HKCFI 1967; HCA 31/2014 (adverse possession; amendment of pleadings) (as sole counsel)
  • Kar Lok Investment Company Limited v Siu Pui To [2016] HKDC 51; DCCJ 4139/2015 (vacation possession of premises; recovery of arrears of rent) (as sole counsel)
  • Advised and acted for tenant in respect of a claim based on misrepresentation and breach of tenancy agreement; also appeared before the Lands Tribunal in respect of a possession claim (as sole counsel)

 

OTHER NOTABLE CASES

  • A Solicitor v The Law Society of Hong Kong [2015] HKCA 302; CACV 182/2014 (an substantive appeal against sentence and costs order in disciplinary proceedings) (as sole counsel)
  • Chen Tek Yee & Ors v Chan Moon Shing & Anor [2015] 3 HKC 622 (sanctioned offer; whether a term as to costs in the offer should be taken into account) (as sole counsel)
  • W v P [2016] HKCFI 316; HCCT 55/2015 (setting aside an award made by the arbitral tribunal in an arbitration) (led by Mr Douglas Lam SC)
  • Charles Ching Memorial Scholarship
  • British Council Chevening Postgraduate Scholarship
  • Distinction in General Scholarship (University of California, Berkeley)
  • Dean’s Honours List (University of California, Berkeley)
  • CPD Seminar: “The ‘Unfair Prejudice’ regime under Section 214 of the Securities and Futures Ordinance (Cap. 571)” (with Mr Gary Lam)
  • CPD Seminar: “Relief for Market Misconduct and Other Wrongs – Proceedings and Available Remedies under Sections 213 and 214 of the Securities and Futures Ordinance (Cap. 571)” (with Mr John Hui)
  • CPD Seminar: “An Encounter between Trust and Family Law: Discussion on recent landmark decisions” (with Mr Kaiser Leung)