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

  • Tel: +852 9619 8905

Profile

Michael Lok‘s practice spans all areas of commercial litigation and arbitration as well as public and administrative proceedings.  On the commercial front, Michael particularly focuses on bankruptcy, company and insolvency, regularly acting for financial and banking institutions, listed companies and professional clients.  In the public sphere, Michael has advised/appeared for a number of public bodies and government departments, in judicial review and related proceedings as well as death inquests before the Coroner’s Court. Michael has appeared for multiple times in the Court of Final Appeal as well as the Judicial Committee of the Privy Council. 

Michael has conducted numerous cross-examination on his feet (both in Chinese and English).  

Michael also regularly advises on/participates in arbitration proceedings (including HKIAC and ICC).  He has given expert opinion on Hong Kong law for listing applications as well as proceedings in the Shanghai Court and the Singapore Court.

Amongst other academic and public responsibilities, he is the Co-Founder of the Company and Insolvency Law Society and a member of the Bar’s Arbitration Committee. He also sat as Deputy Presiding Officer of the Labour Tribunal for certain periods in 2019-2022.    He is a Contributing Editor of the Hong Kong Civil Procedure (the “White Book”), the Hong Kong Company Law Cases, and Bullen & Leake & Jacob’s Hong Kong Precedents of Pleadings.

According to Chambers and Partners (Greater China Region) 2023, Michael "acts prominently on company law issues, maintaining a noted specialisation in the areas of insolvency and bankruptcy and regularly representing public authorities and agencies, including the Secretary for Justice and the SFC"; he "is very effective and impressive junior. He punches above his weight, and can give senior counsel a run for their money"; and is "a very solid junior with a very busy practice and first-rate written work."

Michael is noted in Chambers and Partners (Greater China Region) 2022 as a junior who “acts prominently on company law issues, maintaining a noted specialisation in the areas of insolvency and bankruptcy and regularly representing public authorities and agencies, including the Secretary for Justice and the SFC”.  Michael is further described as being "both "well experienced in general company law matters" and "very strong in insolvency," characterising him further as "a very practical, sensible and commercial guy who punches above his weight" and "a very smooth operator who's fantastic with clients."”

Notable Cases

Bankruptcy, company and commercial

Sun Min v. Chu Kong [2022] HKCFA 24 (Court of Final Appeal) (led by Johnny Mok SC) (whether private litigant bringing criminal contempt proceedings requires consent of the Secretary for Justice)

Secretary for Justice v. Global Merchant Funding Limited (2016) 19 HKCFAR 192 (Court of Final Appeal) (led by Simon Westbrook SC and with Derek CL Chan, as he then was) (whether certain transactions should be categorised as loans or as purchases of receivables; Money Lenders Ordinance)

Re Ocean Sino Limited [2020] UKPC 24; [2020] 1 WLR 4656 (Judicial Committee of the Privy Council) (led by Richard Hacker QC, John Carrington QC and William Wong SC, JP) (just and equitable winding-up; quasi-partnership)

Re Convoy Global Holdings Ltd [2020] 3 HKC 403 (Court of Appeal) (led by William Wong SC, JP) (powers of chairman of general meeting; reviability of chairman's decision)

Lau Yu v. HSBC [2019] 2 HKC 18 (Court of Appeal) (led by Linda Chan SC, as she then was) (bankruptcy; alleged breach of duties by bank to debtor and alleged prejudice suffered by debtor)

Crane World Asia Pte Ltd v. Hontrade Engineering Ltd [2016] 3 HKLRD 640; [2016] 5 HKC 573 (Court of Appeal) (led by Gerard McCoy SC and Derek CL Chan, as he then was) (without prejudice privilege)

Re Nanik Dayaram [2021] HKCA 939 (Court of Appeal) (trustees-in-bankruptcy; Ladd v Marshall; deferring bankrupt's discharge from bankruptcy)

Frank Lee v. HSBC [2022] HKCFI 3680 (led by Eva Sit SC) (alleged misselling claims struck out)

Re Target Insurance Co Ltd [2022] HKCFI 3036 (led by Abraham Chan SC) (insolvency; winding-up under Insurance Ordinance)

China Construction Bank (Asia) Corporation Ltd v. Zhang Kangyang [2022] HKCFI 2135 (led by Audrey Eu SC and Alan Kwong) (claim concerning US$255 million)

Re GTI Holdings Ltd [2021] HKCFI 3647 (cross-border insolvency; winding-up of foreign company)

Re Wang Huimin [2021] HKCFI 3472 (led by Benjamin Yu SC) (bankrutcy; service and jurisdiction requirements)

A Co v. B Co. and Others [2021] HKCFI 1477 (arbitration; setting aside leave to enforce arbitral award)

Re China Greenfresh Group Col, Ltd [2021] HKCFI 1257 (insolvency)

Re Lamtex Holdings Ltd [2021] HKCFI 622 (cross-border insolvency; winding-up of foreign company)

Re Ando Credit Ltd [2020] HKCFI 2775 (cross-border insolvency; common law powers of assistance)

Re Trinity (Management Services) Ltd [2021] HKCFI 2207 (cross-border insolvency; winding-up of foreign company)

Re National Arts Entertainment and Culture Group Ltd [2020] HKCFI 275 (restructuring; scheme of arrangement)

Re Pearl Oriental Oil Ltd [2019] 3 HKLRD 715; [2018] 5 HKLRD 567 (led by William Wong SC, JP) (leave to commence statutory derivative action)

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

Re Cai Sui Rong (ex p HSBC) [2019] HKCFI 514 (led by Douglas Lam SC) (bankruptcy)

Re Enice Holding Co Ltd [2018] 4 HKLRD 736 (led by William Wong SC, JP) (scheme of arrangement; privatisation; cross-border restructuring)

The Joint Administrators of African Minerals Ltd (in administration) v. Madison Pacific Trust Ltd [2015] 4 HKC 215 (led by William Wong SC, JP) (cross-border insolvency; common law powers of assistance)

Bay Capital Asia Fund, LP (in official liquidation) v. DBS Bank (Hong Kong) Ltd (HCMP 3104/2015, 2 Nov 2016) (cross-border insolvency)

Re Hong Kong Society of Congenital & Structural Heart Disease Ltd [2016] 5 HKLRD 117 (general company)


Land and property

New Castle Investments Ltd v. WFC Holding Ltd and Others [2021] HKCFA 5 (Court of Final Appeal) (led by Edward Chan SC) (proper treatment of HK$8.5 million deposit paid by tenant).

Polyline Development Ltd v. Ching Lin Chuen and Others [2023] HKCA 235 (led by Horace Wong SC) 

Cornhill Enterprises Ltd v. Leung Chun Sang and Others [2016] 2 HKLRD 1525 (Court of Appeal)

German Pool Group Co Ltd v. Dyson Technology Ltd [2022] HKCFI 3504 (intellectual property; costs)

Yu Hing Tong Ltd v. Fung Hing Chiu Cyril [2016] 5 HKLRD 567; [2016] 6 HKC 289 

Chan Sang v. Chan Kwok [2015] 3 HKLRD 131 (led by Jose Maurellet, as he then was)


Public, administrative and regulatory

Lai Chee Ying v. Commissioner of Police [2022] HKCFI 3003 (Court of Appeal) (for Secretary for Justice, led by Jenkin Suen SC) (national security; judicial review; scope of "journalistic materials")

Tong Ying Kit v. Secretary for Justice [2021] 4 HKC 439 (Court of Appeal) (for Secretary for Justice, led by Jenkin Suen SC) (national security; judicial review; Secretary for Justice's power to direct 'no jury' trial)

Charteryard Industrial Ltd v. Appeal Tribunal (Buildings) [2021] HKCA 1164 (Court of Appeal) (for Building Authority) (judicial review)

Akram Muhammad v. Director of Immigration and Secretary for Security [2023] HKCFI 595; [2023] HKCFI 314; [2023] HKCFI 174 (for Director of Immigration and Secretary for Security) (judicial review)

Competition Commission v. Kam Kwong Engineering Company Ltd [2022] 3 HKLRD 786 (Competition Tribunal) (penalty under Competition Ordinance)

Death Inquest re: Leung Kin-fai CCDI-555/2021 (for Commissioner of Police) (death inquest into suspected assailant who attacked a police officer outside Sogo Department Store on 1 July 2021) 

Death Inquest re: Li Man-tak CCDI-932/2019 (for Auxiliary Medical Service) (death inquest into runner who passed away during the 'Standard Chartered' marathon)

Death Inquest re: Alex Chow-Tsz Lok CCDI-932/2019 (for Director of Fire Services) (7-week death inquest into student who passed away after falling in a car park near a protest site during 2019)

803 Funds Ltd v. Secretary for Justice [2021] 6 HKC 731 (for 803 Funds Ltd, led by Douglas Lam SC) (judicial review)

Re Apple Daily Ltd [2021] HKCFI 1128 (for Commissioner of Police) (national security; search and seizure)

彭道力 訴 行政上訴委員會 [2021] HKCFI 230 (for Privacy Commissioner for Personal Data) (administrative)

Death Inquest re: Alex Chow-Tsz Lok CCDI-932/2019 (for Director of Fire Services)

Competition Commission v. Kam Kwong Engineering Company Ltd and Others [2020] HKCT 3 (Competition Tribunal)

 

Family & Matrimonial

LKY v. YLP FCMC 4352/2013; FCMC 18284/2013 (trial before the Family Court) (led by Robert Pang SC and with Anny Chak, as she then was)

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

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

 

  • 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
  • 2019-2022: Deputy Presiding Officer, Labour Tribunal (which exercises unlimited jurisdiction over employment disputes)
  • 2017-2022: 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
  • Former Member, Standing Committee on Civic Education, Hong Kong Bar Association
  • Former Honorary Secretary and Member, 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

  • Bullen & Leake & Jacob's Hong Kong Precedents of Pleadings, 3rd Edition - published in December 2020
  • Contributing Editor to Hong Kong Company Law Cases (2008 - 2019) - published in 2020 by DVC in collaboration with Kluwer 
  • 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)