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 appears frequently in the High Court (both as sole advocate and as led junior to leaders from within and outside Chambers), including the sole conduct of a six-day trial (on defamation) during his ‘second six’ of pupillage/limited practice. In December 2019, he was appointed Deputy Presiding Officer of the Labour Tribunal.

Michael’s practice spans across all aspects of commercial litigation, with particular focus on the areas of bankruptcy, company and insolvency, in which Michael has appeared for many professional parties and financial institutions.    

Michael has also acted for/against the Securities and Futures Commission, including (acting on behalf of the SFC) one of the few recent s. 212 ‘public interest’ winding-up petitions in Hong Kong. He also acted for a respondent in one of the first decisions of the Competition Tribunal (which establishes the use of the Carecraft procedure in the Tribunal).   

In the non-contentious context, Michael has advised on and appeared in multiple schemes of arrangements (involving privatisations as well as creditor schemes) and other restructuring proceedings (such as ‘Gobee.Bike’, National Arts Entertainment and Culture Group Ltd and Hong Kong Mercantile Exchange Ltd). 

Other areas of Michael’s practice include land and trust, intellectual property, family law and public law. Michael also regularly takes part in international arbitration and related matters.  

Amongst other academic and public responsibilities, Michael is the Co-Founder of the Company and Insolvency Law Society and Chairman of the Island School Council.   

In July 2020, Michael was granted special rights of audience to appear before the Judicial Committee of the Privy Council, led by Richard Hacker QC (E&W), John Carrington QC (BVI) and William Wong SC, JP (HK).

 

Notable Cases

Bankruptcy, Company and Insolvency

Re Convoy Global Holdings Ltd [2020] 3 HKC 403 (general meetings; powers of chairman) (led by William Wong SC, JP)

Re Hsin Kuang Restaurant (Holdings) Ltd [2020] HKCFI 1314 (statutory derivative action)

Re Tang Yau Sing (ex p GF Securities (Hong Kong) Brokerage Limited) [2020] HKCFI 877 (bankruptcy petition representing the petitioning creditor)

Re Li Ye (ex p DBS Bank (Hong Kong) Limited) [2020] HKCFI 636 (annulment of bankruptcy order)

Re Madison Lab Ltd [2020] HKCFI 382 (injunction to restrain presentation of winding-up petition) and [2020] HKCFI 1409 (indemnity costs against creditor)

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

Re UIL Hong Kong Ltd [2019] HKCFI 2311 (winding-up petition representing the petitioning bank)

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 representing the petitioning bank) (led by Douglas Lam SC)

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

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

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

Lau Yu v. HSBC [2018] HKCA 744 (bankruptcy petition representing the petitioning bank) (led by Linda Chan SC, as she then was)

Re Nanik Dayaram [2018] HKCFI 2497 (acted for the trustees in bankruptcy in an objection to automatic discharge from bankruptcy)

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 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)

Re Sunfill Ltd (2.9.2016) (application under s. 209A of the then Companies Ordinance (Cap. 32) for conversion of compulsory winding up into voluntary winding up) (led by José-Antonio Maurellet SC)

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, JP)

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)

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)

Emperor Securities Ltd v. SMI Investment (HK) Ltd and Others [2020] HKCFI 881 (application by receivers for directions in receivership)

Freeman Securities Ltd v. Ip Po Ki [2020] HKCFI 1048 (securities; debt)

Habib Bank Zurich (Hong Kong) Ltd v. Creation Castle Ltd and Others [2020] HKCFI 1062 (banking; debt)

SBM Bank (India) Limited v. Warner Trading Limited & Others  [2019] HKCFI 2956 (cyber fraud; default judgment)

Re Convoy Global Holdings Ltd [2018] 6 HKC 394  (commercial fraud) (led by William Wong SC, JP)

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

Winston & Strawn (A Firm) v. Tai Ding Century Ltd and Another [2018] HKCFI 2506 (striking out; unless order; professional fees; taxation)

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

DBS Bank (Hong Kong) Ltd v. Guanxiang (HK) Trading Ltd & Others [2018] HKCFI 1392 (originating summons; mortgages) (now led by Bernard Man SC)

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

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

Others

Competition Commission v. Kam Kwong Engineering Company Ltd and Others [2020] HKCT 3 (Competition; First Conduct Rule; Carecraft Procedure)

New Castle Investments Ltd v. WFC Holding Ltd and Others [2020] HKCFI 829 (land and property; tenancy) (led by Edward Chan SC, JP)

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, JP)

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

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

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

LKY v. YLP FCMC 4352/2013; FCMC 18284/2013 (matrimonial; trial on ancillary relief) (led by Robert Pang SC and with Anny Chak, as she then was)

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

Chan Sang v. Chan Kwok [2015] 3 HKLRD 131 (common intention constructive trust) (with José-Antonio Maurellet, as he then was)

陳鈺麟 對 謝婉明 HCA 74/2011 (9.10.2014)(6-day High Court trial on defamation conducted in Chinese during limited practice)

Advised on questions arising out of the Legislative Council Ordinance (Cap. 542) (led by Johnny Mok SC, JP)

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)

  • 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
  • Deputy Presiding Officer, Labour Tribunal (which exercises unlimited jurisdiction over employment disputes)
  • Chairman, School Council, ESF Island School
  • Co-Founder, Company and Insolvency Law Society
  • Member, Executive Committee, Middle Temple Society in Hong Kong
  • 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 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

  • 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)