Michael Lok

  • BCL (Oxon), Distinction, St John's College
  • LLB (LSE), First Class Honours, Top of Year
  • Island School, Hong Kong
  • Bar Scholarship
  • Charles Ching Memorial Scholarship

Profile

Michael Lok enjoys a broad civil and commercial practice. Michael appears regularly at the Court of First Instance and the Court of Appeal.  Michael has also appeared (as led junior) before the Court of Final Appeal. Michael additionally participates in arbitration proceedings at the HKIAC regularly.  

Outside litigation, Michael is routinely instructed in non-contentious matters such as scheme of arrangement and restructuring, and frequently advises on multiple aspects of Hong Kong law, including questions in connection with listing applications at the Stock Exchange of Hong Kong.  

After obtaining his LLB degree from the London School of Economics & Political Science (LSE) with First Class Honours and coming top of his year, Michael read for the BCL at Oxford, from which he graduated with Distinction, and was awarded the Sir Roy Goode Prize for BCL by St. John’s College. Michael was awarded the Bar Scholarship and the Charles Ching Memorial Scholarship by the Hong Kong Bar Association.

Michael joined Chambers after completion of pupillage with William Wong SC, Jose Maurellet (now Jose Maurellet SC), Jenkin Suen and Derek Chan (now Derek Chan SC).  Michael also acted as marshall to Mr Justice Harris, Mr Justice Reyes and Mr Justice McMahon, and served extended mini-pupillage with Robin Dicker QC (3-4 South Square) and Richard Snowden QC (Erskine Chambers), now Mr Justice Snowden.

Academically, Michael continues to assist Professor Sarah Worthington QC (Hon.) on the seminal Company law texts: Sealy and Worthington’s Text, Cases and Materials on Company Law and Gower and Davies Principles of Modern Company Law. Michael serves as Contributing Editor of the Hong Kong Civil Procedure ("White Book"). Michael was also appointed Non-Clinical Lecturer of Law (in Business Associations) at the Law Faculty of the University of Hong Kong, and conducted an LLB Intense Course on Business Associations in Summer 2016. Michael is also the co-founder of the Company and Insolvency Law Society (COINS).

Michael serves on a number of committees of the Hong Kong Bar Association. Michael was also appointed by the English Schools Foundation as Chairman of the School Council of Island School since 2017.

 

Selected Cases

Banking and Commercial

Secretary for Justice v. Global Merchant Funding Limited (2016) 19 HKCFAR 192 (definition of 'loan' under the Money Lenders Ordinance) (led by Simon Westbrook SC and with Derek CL Chan)

Crane World Asia Pte Ltd v. Hontrade Engineering Limited [2016] 3 HKLRD 640 ('without prejudice' privilege; expedited interlocutory appeal) (led by Gerard McCoy SC and with Derek CL Chan)

Yu Hing Tong Ltd v. Fung Hing Chiu Cyril [2016] 5 HKLRD 567 (whether donee properly commenced proceedings pursuant to a power of attorney)

Citibank, N.A. v. Midas Chemical (HK) Limited CACV 72/2017 (21.8.2017) (security for costs in the Court of Appeal)

Convoy Global Holdings Ltd & Ors. v. Cho Kwai Chee Roy and Ors [2018] HKCFI 2111 (commercial fraud) (led by William Wong SC)

DBS Bank (Hong Kong) Ltd v. Guanxiang (HK) Trading Ltd and Others [2018] HKCFI 1392 (originating summons; mortgages)  

Liu Zhiwei and Ors. v. V1 Group Limited and Ors. HCMP 742/2018 (led by Rimsky Yuen SC and William Wong SC)

Citibank, N.A. v. York Star Company Limited HCA 526/2016 (9.3.2017) (summary judgment against debtor and guarantors; misrepresentation)

Citibank, N.A. v. KCL Chemical Limited HCA 1635/2016 (9.2.2017) (summary judgment against debtor and guarantors; misrepresentation; undue influence; non est factum; unconscionability)

ICICI Bank Limited v. Shrenuj Far East Ltd HCMP 1302/2016 (appointment of receivers by creditor bank) (led by William Wong SC)

Union Bank of India v Taiyi Technology Group Co., Limited and Bank Sinopac HCA 1909/2016 (urgent Mareva injunction arising out of an email/SWIFT fraud) (led by Robert Pang SC)

Halliburton BV Merkezi Hollanda Ankara Merkez Turkiye Subesi v. Sheng Yi (HK) Trade Co, Ltd and Others HCA 1627/2016 (21.11.2017) (email fraud; striking-out)

Bankruptcy and Insolvency

Lau Yu v. HSBC [2018] HKCA 744 (led by Linda Chan SC)

Re Li Wing Sang (ex p Credit Suisse AG, Hong Kong) [2019] HKCFI 924 (bankruptcy petition representing the petitioning bank)

Re Cai Sui Rong (ex p HSBC) [2019] HKCFI 514 (bankruptcy petition; leave to cross-examine) (led by Douglas Lam SC)

Re Nanik Dayaram [2018] HKCFI 2497 (objection to automatic discharge from bankruptcy)

Re China Animal Healthcare Limited HCCW 156/2017 (winding-up petition representing the respondent shareholders) (led by Audrey Eu SC)

Re Lau Yu (ex p HSBC) HCB 104/2017 (5.9.2017) (bankruptcy petition representing the petitioning bank) (led by Richard Khaw SC)

HSBC v. General Nice Development Limited HCCW 418/2016 (winding-up petition representing the petitioning bank) (led by Anson Wong SC)

Citibank N.A. v. Mulberry Silk Company Ltd HCCW 363/2016 (winding-up petition representing the petitioning bank)

Re Jie Ci Pok and Re Tang Kan Shing (ex p Citibank, N.A.) HCB 5355-5356/2016 (bankruptcy petition representing the petitioning bank)

Bank of Baroda v. Psons Ltd HCCW 162/2016 (9.10.2017) (winding-up petition representing the petitioning bank, Bank of Baroda)

Re Up Energy Development Group Ltd HCCW 91/2016 (winding-up petition representing the supporting creditor, Credit Suisse AG, Hong Kong)

Re Sunfill Ltd HCCW 282/2013 (2.9.2016) (conversion of compulsory winding-up into voluntary winding-up under s.209A of CWUPO) (led by Jose Maurellet SC)

Company and Restructuring

Re Pearl Oriental Oil Ltd [2018] 5 HKLRD 567 (statutory derivative action; written notice under s. 733)

Kwok Hiu Kwan v. Johnny Chen and Others [2018] 6 HKC 394 (originating summons; general meetings; powers of chairman) (led by William Wong SC)

Re Hong Kong Society of Congenital & Structural Heart Disease Ltd [2016] 5 HKLRD 117 (Court’s discretion to ratify accounts of a company and to convene AGM under Cap. 622 and relevant transitional provisions under Cap. 32)

The Joint Administrators of African Minerals Ltd (in administration) v. Madison Pacific Trust Ltd [2015] 4 HKC 215 (cross-border insolvency; recognition; Letter of Request) (led by William Wong SC)

ZPMC Offshore Service Co Ltd v. Adkins and Others [2018] HKCFI 2291 (summary judgment; breach of fiduciary duties; resolutions) (led by Simon Westbrook SC)

Re Hong Kong Mercantile Exchange Ltd [2018] HKCFI 1986 (discharge of liquidators; scheme of arrangement; stay of winding-up)

Re Enice Holding Co Ltd [2018] HKCFI 1736 (scheme of arrangement; privatisation; cross-border restructuring) (led by William Wong SC)

Re Hsin Kuang Restaurant [2018] HKCFI 640 (Court’s discretion in respect of the holding of general meetings and the laying of financial statements pursuant to Cap. 622)

Clever Ocean Group Ltd v. Amylin Enterprises Ltd HCMP 3597/2016 (12.7.2017) (Court-ordered EGM)

Bay Capital Asia Fund, LP (in official liquidation) v. DBS Bank (Hong Kong) Ltd HCMP 3104/2015 (2.11.2016) (common law power to provide cooperation; whether necessary for foreign officer holder to seek recognition)


Intellectual Property

Dyson Technology Limited and Another v. German Pool Group Company Limited and Others HCA 833/2011; HCA 1233/2017 (copyright; patent; threats; injunction) (led by Winnie Tam SC)

Skyrun Electric (Suzhou) Co., Ltd v. Whirlpool (Hong Kong) Limited HCA 2100/2017 (copyright dispute) (led by Winnie Tam SC)

Lewis Road Creamery Ltd v. Keen Top International Ltd and Others HCA 1529/2015 (intellectual property; passing off; instrument of deception) (with Christopher Chain)

Family

T v. P FCMC 14290/2016 (matrimonial; preliminary issue representing interveners) (with Eugene Yim)

LKY v. YLP FCMC 4352/2013; FCMC 18284/2013 (matrimonial; trial on ancillary relied) (led by Robert Pang SC and with Anny Chak)

LCT v. CHY and others FCMC 15794/2015 (matrimonial; divorce proceedings) (with Christopher Chain)

Land, Probate and Property

Chan Sang v. Chan Kwok [2015] 3 HKLRD 131 (common intention constructive trust) (with Jose-Antonio Maurellet)

Cornhill Enterprises Limited v. Leung Chun Sang and Others [2016] 2 HKLRD 1525 (bankrupt’s locus standi to appeal)

Leung Pik Wa v. Poh Po Lian and Luck Continent Limited HCA 681/2011 (5.3.2015) (action for recovery of 3 billion shares in a listed company) (led by William Wong SC and with Connie Lee)

Private International Law and Arbitration

Chu Kong v. Lau Wing Yan and Others [2018] 1 HKLRD 589 (stay in favour of arbitration; multiple derivative action) (led by Jose-Antonio Maurellet SC)

China Real Estates Investment Holdings Ltd v. Gold Bless International Invest Ltd [2018] HKCFI 1868 (arbitration; third party discovery) (led by John Litton QC)

Gain Park Holdings Limited v. Eversino Investments Ltd HCA 1638/2013 (26.11.2014) (stay of proceedings; forum non conveniens; non-exclusive jurisdiction clause) (with Jose-Antonio Maurellet)

HKIAC arbitration (dispute as to PRC joint venture concerning landed property in Shanghai, PRC) (led by Anson Wong SC)

HKIAC arbitration (dispute as to share purchase agreement)

HKIAC arbitration (dispute as to supply and sale of goods between a PRC company and a Japanese supplier)

HKIAC arbitration (dispute as to joint venture agreement between a worldwide high street brand and a PRC distributor) (led by William Wong SC)

HKIAC arbitration (dispute as to purchase and investment of shares) (led by William Wong SC)

Advisory Work

Advised one of the largest PRC video streaming companies in relation to its broadcasting rights of a major sporting event (led by Patrick Fung SC)

Advised a HK listed company on, inter alia, Chinese Medicine Ordinance and Chinese Medicines Regulation

Advised a HK listed company on, inter alia, Money Lenders Ordinance and Electronic Transactions Ordinance

Advised a HK listed company on, inter alia, potential breaches of government lease, occupation permit, deed of mutual covenant

Advised a HK listed company on, inter alia, trademark dispute and passing-off

Advised a HK listed company on, inter alia, Predecessor Companies Ordinance (Cap. 32)

Advised a listing applicant on Telecommunications Ordinance

  • Bar Scholarship
  • Charles Ching Memorial Scholarship
  • Sir Roy Goode Prize for BCL, St. John’s College, Oxford
  • Slaughter & May Prize for Best Overall Degree, LSE
  • Slaughter & May Prize for Best Performance in final year, LSE
  • Hogan Lovells Prize in Business Associations, LSE
  • Chairman, School Council, ESF Island School
  • Co-Founder, Company and Insolvency Law Society
  • Member, Committee on Company Law, Hong Kong Bar Association
  • Member, Committee on Arbitration, Hong Kong Bar Association
  • Member, Standing Committee on Civic Education, Hong Kong Bar Association
  • Former Member and Honorary Secretary, Standing Committee on China Practice Development, Hong Kong Bar Association
  • Former Member, Standing Committee on Young Barristers’ Committee, Hong Kong Bar Association
  • Non-Clinical Lecturer, Faculty of Law, University of Hong Kong Former President, Island School Alumni Association
  • Former Associate Editor, Oxford University Commonwealth Law Journal
  • Former Head Boy, Island School

 

  • Contributing Editor of Hong Kong Civil Procedure (the “White Book”) (Sweet & Maxwell)
  • Research Assistant, ‘Sealy and Worthington’s Text, Cases and Materials on Company Law’ and ‘Gower and Davies’ Principles of Modern Company Law’
  • Guest Speaker at the 8th Lujiazia Legal Forum, delivering a lecture entitled “Internationalization of Legal Services: Cross-Border Arbitration in Hong Kong” (December 2016)
  • Guest Speaker at International Disputes Resolution Along “Belt and Road” Initiative, Renmin University of China) (November 2016)
  • Schemes of Arrangement under the Companies Ordinance: Recent Updates and Practical Pointers (CPD seminar, with Terrence Tai) (October 2018)
  • Cross-border insolvency and Restructuring – Latest Developments (CPD seminar, with Jason Yu) (September 2018)
  • Cross-border insolvency and related shareholders disputes’ (CPD seminar, with Jose-Antonio Maurellet SC) (August 2017)
  • Updates on Cross-Jurisdictional Company and Insolvency Litigation (CPD seminar, with Vincent Chiu and Stephanie Wong) (April 2017)
  • Hong Kong Companies and Insolvency Law from Litigation Perspective - a lecture delivered to the Pudong Lawyers Association (with Alexander Tang and David Chen) (June 2016)
  • ‘Ring-fencing Domestic Property: Is there a solution?’ (CPD seminar, with Martin Kok and Jacqueline Law) (December 2014)
  • ‘Demystifying the Law of Unjust Enrichment’ (CPD seminar, with Martin Kok, Martin Ho and Jacqueline Law) (October 2014)