Tommy Cheung

Tommy Cheung is a Bar Scholar and Charles Ching Scholar. His practice encompasses all areas of civil, commercial and property litigation, probate and administration disputes, winding-up and bankruptcy petitions, as well as public, administrative and regulatory proceedings. He also works on arbitration cases and is a Fellow of the Chartered Institute of Arbitrators.

Tommy’s practice in commercial dispute resolution and property litigation has been recognised by the legal directory. He has experience in acting for the HKSAR Government, banks, insurers, money lenders, conglomerates, real property developers, incorporated owners, liquidators, administrators, trustees, and other property owners. He has appeared as sole advocate and as led junior in trials and substantive hearings at various Court levels. Further, he is regularly instructed to appear in interlocutory applications, including applications for urgent injunctions and orders as sole advocate. Led by Dr William Wong SC, he acted as amicus curiae on issues of cross-border insolvency. He has also rendered expert opinions on Hong Kong laws for use in the English High Court and the People’s Courts in Mainland China.

Alongside his practice, Tommy is a part-time lecturer at the University of Hong Kong and has taught commercial law, land law, and conveyancing courses. He has been invited to speak at seminars and has written widely in the legal field, including as a contributing author/editor for practitioners’ texts, such as Hong Kong Civil Procedure, Bullen & Leake & Jacob’s Hong Kong Precedents of Pleadings, Halsbury’s Laws of Hong Kong – Arbitration, and Tort Law and Practice in Hong Kong.

Prior to joining Des Voeux Chambers, Tommy obtained his BCL (Distinction) from the University of Oxford, ranking first in corporate insolvency law. He also received First Class Honours in his LLB and BBA(Law) (Majoring in Accounting) from the University of Hong Kong, ranking first in his year for both degrees.

Company, Insolvency and Bankruptcy

• Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] 2 HKLRD 1064 – Arbitration clause and stay or dismissal of winding-up petition (led by Mr Clifford Smith SC)
• Nuoxi Capital Ltd v Peking University Founder Group Co Ltd [2024] HKCA 652 – Principles of loss and damage in the context of keepwell deeds and promisees’ insolvency (led by Mr Mark Phillips KC and Dr William Wong SC, and with Mr Look Chan Ho)
• Re GFS Superannuation Scheme 2 [2023] 4 HKLRD 345 – Opposing application to wind up an occupational retirement scheme (as sole advocate)
• Re William Zeng [2024] HKCFI 2856 – Bankruptcy petition and the requirement of bringing the statutory demand to the debtor’s attention (led by Mr Clifford Smith SC)
• Kim Seung Young v Weina Hongkong Co Ltd [2024] HKCFI 2500 – Shareholder’s inspection of documents (as sole advocate)
• Re China Bozza Development Holdings Ltd [2023] HKCFI 1620 – Scheme of arrangement (with Mr Look Chan Ho)
• Re Hsin Chong Construction Co Ltd [2021] 5 HKLRD 489; [2021] HKCFI 559 – Opposing West Kowloon Cultural District Authority’s application to challenge the voting procedures at the creditors’ meeting (led by Mr Douglas Lam SC); supporting the application by the provisional liquidators for a regulating order (led by Mr Daniel Fung SC)
• Wong Ho Kwan v Hsin Kuang Restaurant (Holdings) Ltd [2020] HKCFI 1314 – Application for leave to commence statutory derivative action (led by Mr Douglas Lam SC and with Ms Sabrina Ho)
• Anna Grüter v Reign Digital Creatives Ltd [2020] HKCFI 3137 – Application for the holding of a general meeting (as sole advocate)
• Re CEFC Shanghai International Group Ltd [2020] 1 HKLRD 676 – First application to Hong Kong Court for recognition of liquidation in Mainland China and cross-border insolvency assistance at common law (with Mr Look Chan Ho)
• X v Y [2020] HKCFI 3178 – Residual discretion to set aside a statutory demand (with Mr John Hui)
• Re CW Advanced Technologies Ltd [2018] 3 HKLRD 552 – Relevant issues for common law recognition and assistance in cross-border insolvency (led by Dr William Wong SC, as amicus curiae)
• Various other petitions against private and/or public companies, involving (1) inability to pay debts, (2) unfair prejudice, (3) just and equitable winding up, (4) restructuring and/or (5) validation orders, such as Re China Zenith Chemical Group Ltd [2024] HKCFI 2769 (as sole advocate), Re China Technology Corporation Ltd [2020] HKCFI 2537 (as sole advocate), Re China City Construction (International) Co Ltd [2019] 3 HKLRD 491 (as sole advocate), Re UIL Hong Kong Ltd [2019] HKCFI 2311 (as sole advocate) and Re T-Hero Industrial Co Ltd [2019] HKCFI 1374 (with Mr John Hui)

 

Land, Trust and Probate

• Donora Co Ltd v IO of Tsuen Kam Centre (2024) 27 HKCFAR 166 – Proper construction of deed of mutual covenant in the context of common parts and building management (led by Mr Denis Chang SC and with Ms Teresa Wu)
• Centre Chase Investment Ltd v IO of International Industrial Building (Castle Peak Road) [2024] HKCA 1179 – Principles of waiver and acquiescence in the context of building management (as sole advocate)
• WFC Holding Ltd v New Castle Investments Ltd [2021] HKCFA 5; [2020] HKCA 931 – Landlord and tenant disputes (as sole advocate)
• Lead Properties Ltd v Secretary for Justice [2022] HKCFI 3297 – Vesting orders in respect of real properties (as sole advocate)
• Yeung, Abraham v Sun King Kai [2022] HKCFI 1239 – Adverse possession and charitable trust (led by Mr Jenkin Suen SC)
• Tse’s Brothers Co Ltd v Kinghall Development Ltd [2021] HKCA 874 – Opposing appeal against findings of trust over an industrial unit (led by Mr Jenkin Suen SC)
• Lam Clansmen Mutual Aid Association Ltd v Lam Kam Loi [2020] HKCFI 2816 – Application for declaratory relief of possessory title acquired by adverse possession (as sole advocate)
• Wong Tin Chee Tinly v Wong To Yick [2019] HKCFI 2064 – Application to collapse a trust for sale under the rule in Saunders v Vautier (with Ms Sabrina Ho)
• Lee Goo Lynette Siu Yin v Cheung Wai Ming Daisy [2019] HKCFI 1086 – Opposing application for removal of executrix (led by Mr Douglas Lam SC and with Ms Jacqueline Law)
• Various other land, property and/or building management cases, involving (1) constructive and resulting trusts, (2) adverse possession, (3) landlord and tenant disputes, (4) construction of deed of mutual covenant and other agreements concerning land and/or (5) orders for partition and/or sale under the Partition Ordinance (Cap 352), such as American Wilson Finance Ltd v Ching Yong Andy [2023] HKCFI 1786 (as sole advocate), Pang Kam Chuen v Pang Kam Bor [2023] HKDC 1346 (as sole advocate), Wealth Link Credit Co Ltd v Yeung Kuk Lam [2022] HKCFI 2909 (as sole advocate), Wu Kai Wai v Lui Chun Shing [2021] HKDC 1538 (as sole advocate), Sun Hon Investment and Finance Ltd v Tang Tat Shing [2021] HKCFI 2105 (led by Mr Daniel Fung SC) and Tsang Yee Kam v Yip Kwun Lun [2020] HKCFI 553 (with Mr Richard Leung)

 

Commercial and Tort

• Tang Chack Wing v Yung Woon Kwai [2024] HKCFI 1331 – Application for specific performance of the payment obligations under a sale and purchase agreement involving the sum of HK$1 billion (with Mr Richard Leung)
• Wong Chi Hung v Lo Wing Pun [2023] 5 HKLRD 302 – Restitution of unjust enrichment and foreign illegality (as sole advocate)
• Chu Kong v Lau Wing Yan [2023] HKCFI 2703 – Striking out application on grounds of abuse of process, issue estoppel and collateral attack (as sole advocate)
• WRE Investments LLC v SMW Ltd [2023] HKCFI 1893 – Summary judgment against recipient of a defrauded sum (as sole advocate)
• Yu Wai v Chong Fong Yeung [2022] HKCFI 1892 – Summary judgment against debtor (as sole advocate)
• West Kowloon Cultural District Authority v AIG Insurance Hong Kong Ltd [2022] HKCA 975 – Construction of demand for payment made under a bond (led by Mr Douglas Lam SC)
• Lam Kit Ieng v Wise Empire Investments Ltd [2021] HKCFI 3441 – Application for declaratory relief on cessation of licence agreement (as sole advocate)
• Raafat Imam v Life (China) Co Ltd [2018] 4 HKLRD 152 – Funding agreement and the doctrines against maintenance and champerty (led by Mr Clifford Smith SC and with Ms Sabrina Ho)

 

Injunctive Relief

• Wanfu Finance Co Ltd v Tse Tong Lam Antonio [2024] HKDC 1080 – Opposing application for mandatory injunction (as sole advocate)
• China Medical Technologies Inc v Samson Tsang Tak Yung [2022] HKCA 41 – Opposing appeal against the setting aside and discharge of a worldwide Mareva injunction (with Mr Edward Alder)
• Lui Wai Yee Eunice v Sun David Tse Chien [2022] HKCFI 2585 – Application for Mareva injunction (as sole advocate)
• Thanh Thuy Bui v Pengchengxin Trading Co Ltd [2022] HKDC 435 – Application for proprietary injunction (as sole advocate)
• Wang Linping v Huang Keqin [2020] HKCFI 256 – Opposing applications for interlocutory injunction and withdrawal of part of undertakings (as sole advocate)
• Chan Chee Tseng Christopher v Chan Hon Tai Jason [2020] HKDC 66 – Application for prohibitory injunction to restrain acts of nuisance, intimidation and harassment (as sole advocate)
• Tang Jialin v SinoPac Securities (Asia) Ltd [2019] HKCFI 2087 – Opposing a co-defendant’s application for Mareva injunction based on alternative causes of action to be relied upon only if and when its defences to the plaintiff’s claims fail (led by Ms Rachel Lam SC)
• Sunterly Ltd v IO of Far East Mansion [2019] HKCFI 2917 – Opposing application for injunction to restrain the IO from carrying out certain building and construction works (as sole advocate)
• Various other asset recovery and/or civil fraud cases, involving applications for (1) Mareva and/or proprietary injunctions, (2) disclosure orders, (3) gagging orders and/or (4) anonymity orders

 

Employment

• Life Young Medical Group Ltd v Chiu Suet Man [2024] HKCFI 3728 – Labour appeal involving principles of construction of documents (as sole advocate)
• Law Ting Pong Secondary School v Chen Wai Wah [2021] 3 HKLRD 185 – Construction of employment contract and proper application of the doctrine of penalty clause (as sole advocate)

 

Public and Regulatory

• Li Hao Tian v The Secretary for the Civil Service [2024] HKCFI – Opposing application for leave to judicially review a decision to retire the applicant on grounds of public interest (as sole advocate)
• Li Chau Wah v Director of Lands [2023] HKLdT 72 – Resite house grant and exemption under the Government Rent (Assessment and Collection) Ordinance (Cap 515) (as sole advocate)
• Tsang Ka Yuen v Commissioner of Inland Revenue B/R 3/23 – Opposing tax appeal concerning whether certain sums received by an auditor are chargeable to profits tax (as sole advocate)

 

Matrimonial

• CCYL v CCSR [2020] HKFC 154; [2019] HKFC 329; [2019] HKFC 261 – Maintenance pending suit, Children’s Dispute Resolution, disclosure of documents and variation of costs order (as sole advocate)

 

Competition

• Competition Commission v W Hing Construction Co Ltd [2020] 2 HKLRD 1229; [2019] 3 HKLRD 46; [2018] 5 HKLRD 437 – Contravention of the first conduct rule by price fixing and market sharing agreements (with Ms Connie Lee)

 

Enforcement

• Li Ping Chun v Liang Tonghua [2018] HKCFI 2757 – Post-judgment Mareva injunction, proprietary injunction and ancillary disclosure order (as sole advocate)
• China CITIC Bank Corporation Ltd (Quanzhou Branch) v Li Kwai Chun [2019] HKCFI 3110 – Stay of execution pending appeal (as sole advocate)