Abraham Chan SC 陳樂信資深大律師

T: (+852) 2523 2003
E: achan@templechambers.com
Secretary: Bertha Li T: (+852) 2248 1958

Professional qualifications

Call: 2000 (HK); 2000 (England & Wales)
Full Practice: 2004
CEDR Accredited Mediator: 2010
Silk: 2017

Appointments

Financial Reporting Review Panel, 2018-
Examiner, Higher Rights Assessment Board, 2018-
Panel of Counsel to the Competition Commission, 2016-present
Council Member, The Bar Council, 2015-2017; 2005-2006
Special Committee on Constitutional Affairs and Human Rights, Hong Kong Bar Association 2016-present
Lecturer and Board of Examiners, Juris Doctor (JD) Programme, Faculty of Law, University of Hong Kong 2014-present
Consultant to the School of Law (PCLL programme), Chinese University, 2007
Editorial Committee, Oxford University Commonwealth Law Journal, 2001-2002

Education

MPhil in Law, Oxford University
Bachelor of Civil Law, Oxford University
Bachelor of Laws, University of London
Chinese International School

Scholarships

Hong Kong Bar Scholarship
Hong Kong Middle Temple Society Advocacy Scholarship

Practice profile

Abraham Chan SC advises and acts as counsel and advocate in commercial disputes and constitutional and administrative law litigation. His commercial practice includes trade, insurance, banking/ investment, company and land disputes. In his constitutional and administrative law practice he acts for both public authorities (including the Chief Executive of the HKSAR, the Financial Secretary, the Chief Secretary for Administration, the Director of Lands, the Communications Authority, the Permanent Secretary for Security and the Law Society) as well as private litigants. Abraham’s work extends to regulatory fields (including securities, telecommunications and land administration) which often involve a mix of private and public law elements.

Abraham has appeared as advocate for clients at all levels of court in Hong Kong, including the Court of Final Appeal, where he has also acted as amicus curiae (independent counsel assisting the court) and for the Secretary for Justice as intervener in the public interest. He has been cited across various editions of the Chambers & Partners guides (Global/Asia Pacific) as “a very intelligent and articulate barrister” with “an excellent brain and exceptional presentation skills” who “commands the court’s respect”.

Selected cases

Commercial/ company/ other private law disputes

Lau Suk Ching Peggy v Ma Hing Lam v Ors (2010) 13 HKCFAR 226 (Court of Final Appeal; appearing as amicus curiae). Construction of option agreement and issues on specific performance.

Hiromi Okada v Tomohiro Okada & Anor (HCMP 2446/2017), application to stay proceedings in favour of Tokyo District Court and to discharge interim relief.

Chen Hongqing v Mi Jingtian HCMP 962/2017. Acted on behalf of Taiwanese listed company as intervener in application for appointment of receivers over shares.

Excelsior Capital Asia (HK) Ltd v Zhang Hengshun HCCL 14/2016. Acted on behalf of private equity firm in application to set aside leave to serve writ out of jurisdiction.

Active Profit Ltd v Nissho Iwai Hong Kong (2006) 9 HKCFAR 653 (Court of Final Appeal). Breach of trust and fiduciary duties claim following failed real estate joint venture. Led by Geoffrey Vos QC (now Vos JA) and Jat Sew-Tong SC.

Walter Kwok v Sun Hung Kai Properties Ltd & Ors [2009] 2 HKLRD 11 (Court of Appeal). Dispute over the management of Sun Hung Kai Properties Ltd.

Tsai Eng-meng v Cha Mou Sing Payson & Ors HCA 773/2010. Dispute over sale of interests in Asia Television Limited (ATV). Led by Jat Sew-Tong SC.

Re Asia Television Ltd HCMP 2840/2012. Interim relief pending hearing of unfair prejudice petition under s.168A of the Companies Ordinance.

Fok Chun Yue Benjamin v Fok Chun Wan Ian & Ors HCA 2155/2010. Dispute over the administration of the estate of the late Mr Henry Fok Ying Tung.

Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2018] HKCA 435. Large scale investment mis-selling dispute with foreign trusts element.

United Bright Limited v Secretary for Justice [2015] 2 HKLRD 633 (Court of Appeal). Effect of lease modification letter and admissibility of private correspondence in interpretation of documents registered with Land Registry. Led by Eugene Fung SC.

Regal Shining Ltd v Secretary of Justice (on behalf of the Director of Lands) [2016] 3 HKC 291 (Court of Appeal). Construction of restrictive covenant in old Government lease. Led by Audrey Eu SC.

Duan Qi Gui v Upper Like Investments Ltd [2007] 4 HKLRD 576 (upheld on appeal CACV 320/2007). Stay of proceedings and forum non conveniens.

Chau Hoi Shuen Solina Holly v SEEC Media Group Ltd [2012] 3 HKLRD 331. On proper procedure for opting for jury determination in defamation actions.

Lai Sai Sang v UBS AG HCA 97/2010. Banking dispute.

HSBC Private Bank v Mission Bridge HCA 406/2008. Banking and investment dispute.

Lun Man Kin v Citibank NA HCA 989/2009. Banking and investment dispute.

LCJWY v LCKS [2015] 6 HKC 65. Trial of preliminary issue - beneficial ownership of assets.

L v L (Child Removal – PRC) [2017] HKFLR 588 (Court of Appeal). On arrangements on reciprocal recognition and enforcement of civil judgements in matrimonial and family cases by the courts of the Mainland and of the Hong Kong Special Administrative Region, acting for the Secretary for Justice as Intervener.

Advised a Hong Kong listed company jointly with Jonathan Sumption QC (now Lord Sumption JSC), Ronny Tong SC and Yvonne Cheng SC on issues concerning the proper rate of interest on a recovered deposit.

Engaged over several years in litigation arising from Hong Kong’s largest ever corporate insolvency (Akai Group), led by Richard Snowden QC (now Snowden J) and Godfrey Lam SC (now G Lam J).

Constitutional/ administrative/ regulatory law

Designing Hong Kong Ltd v Town Planning Board [2018] HKCFA 16 (Court of Final Appeal). On the Protective Costs Order jurisdiction in Hong Kong. Acting for the Secretary for Justice as Intervenor, led by Wong Yan Lung SC.

Kayden Ltd v Securities and Futures Commission (2010) 13 HKCFAR 696 (Court of Final Appeal). Leading case on the extent of the SFC’s ability to obtain injunctions against overseas parties.

Hysan Development Co Ltd v Town Planning Board (2016) 19 HKCFAR 372 (Court of Final Appeal). Leading case on private property rights under the Basic Law and the proportionality test. Led by Lord Pannick QC and Jat Sew-Tong SC.

Fok Chun Wa v Hospital Authority (2012) 15 HKCFAR 409 (Court of Final Appeal). Judicial review action on the constitutionality of differential obstetric charges. Led by Lord Pannick QC and Adrian Huggins SC.

Leung Chun Ying v Ho Chun Yan Albert (2013) 16 HKCFAR 735 (Court of Final Appeal). On scope of Article 35 of the Basic Law in the CE election dispute context. Led by Johnny Mok SC.

Albert Ho v CY Leung (2012) 15 HKCFAR 686 (Court of Final Appeal). Judicial review and election petition litigation concerning the 2012 Chief Executive Election (allegations of false statements in election).

Chau Cheuk Yiu v Poon Kit Sang (2012) 15 HKCFAR 460 (Court of Final Appeal). Elucidation of principles on leave to appeal out of time; disciplinary proceedings. Acting for the Commissioner of Police. Led by Anderson Chow SC (now Chow J).

Kong Yunming v Director of Social Welfare (2013) 16 HKCFAR 950 (Court of Final Appeal) Constitutional challenge concerning Hong Kong’s social welfare system. Led by Joseph Fok SC (now Fok PJ) at first instance and Lord Pannick QC on appeal.

Safder Tehseen v Permanent Secretary for Security (2014) 17 HKCFAR 567 (Court of Final Appeal). Judicial review challenge to deportation order made on security and public order grounds.

T v Commissioner of Police (2014) 17 HKCFAR 593 (Court of Final Appeal). Dispute over true meaning of “place of public entertainment” in the context of the Places of Public Entertainment Ordinance. Led by Johnny Mok SC.

Lau v Insider Dealing Tribunal (2009) 12 HKCFAR 955 (Court of Final Appeal).

Comilang v Director of Immigration [2018] 2 HKLRD 534 (Court of Appeal). On family and related rights in the immigration context.

Kwok Cheuk Kin v Leung Chun Ying [2018] 4 HKC 440 (Court of Appeal). On jurisdiction of Court of Appeal to hear appeals against refusals of extension of time to apply for judicial review.

Chan Ho Tin v Lo Ying Ki Alan [2018] 2 HKC 213. Election petition challenge to legality of allegiance requirement for nomination to run in LegCo elections.

Lubuiano Nancy Almorin v Director of Immigration [2018] 1 HKLRD 1141. Judicial review of “live-in” restriction for foreign domestic helpers.

Kwok Cheuk Kin v Chief Executive of the HKSAR [2017] 5 HKC 579. Judicial review challenge to proposed arrangements for the Guangzhou-Shenzhen-Hong Kong Express Rail Link.

Zhu Li v Law Society of Hong Kong [2017] 3 HKLRD 513. Challenge arising out of Law Society disciplinary investigation.

Deng Suet Yan v Hong Kong Housing Authority [2017] 4 HKLRD 73

Leung Sze Ho Albert v Bar Council [2016] 5 HKLRD 542 (Court of Appeal). On scope of the right to freedom of choice of occupation under Article 33 of the Basic Law.

Hong Kong Telecommunications (HKT) Limited v Communications Authority CACV 144/2014, 7.8.15 (Court of Appeal). On extent of the Telecommunications (Competition Provisions) Appeal Board’s power to set a deadline on Communication Authority investigations in relation to Apple iPhone distribution arrangements.

Lister Assets Ltd v Chief Executive in Council CACV 172/2012, 25.4.13 (Court of Appeal). Judicial review concerning the Chief Executive in Council’s duty to give reasons for its decisions. Led by Benjamin Yu SC for the CE in C.

Kwok Cheuk Kin v Chief Executive of the HKSAR & The Government of the HKSAR HCAL 103/2014, 25.6.15. Challenge to the lawfulness of public consultation and CE’s report to NPC on 2017 CE and LegCo election processes.

Hong Kong Mobile Television Network Ltd v Office of the Communications Authority [2016] 2 HKC 44. On scope of the licensing regime under the Broadcasting Ordinance (Cap 562).

BI v Director of Immigration [2016] 2 HKLRD 520 (Court of Appeal). On nature of requirements under the Government’s dependant visa policy.

Building Authority v Appeal Tribunal (Buildings) [2013] 4 HKLRD 52. Case stated to Court of Appeal on scope of power under section 16(1)(i) of the Buildings Ordinance.

Lam Tat Ming v Chief Executive of the HKSAR [2012] 1 HKLRD 801 (Court of Appeal). Challenge to the constitutionality of section 27(2)(b) of the Pensions Benefits Ordinance.

Hui Hing Sang v Chief Executive in Council HCAL 99/2015, 15.3.16. Judicial review concerning financing of the HK$149bn+ expansion of Hong Kong International Airport.

Securities and Futures Commission v Tsoi Bun [2014] 2 HKLRD 1. On scope of power to make restorative orders under section 213(2)(b) of the Securities and Futures Ordinance. Acting for the SFC.

Television Broadcasts Ltd v Communications Authority and Chief Executive in Council [2013] 5 HKC 593 Judicial review brought by TVB in respect of new domestic broadcasting licence applications. Acting for the Communications Authority.

A Solicitor v The Law Society of Hong Kong [2013] 4 HKC 198 (Court of Appeal). Disciplinary appeal involving the privilege against self-incrimination. Acting for the Law Society.

Fine Tower Associates v Town Planning Board [2008] 1 HKLRD 553 (Court of Appeal); FAMV 20/2008 (Court of Final Appeal). A leading case concerning the constitutional right to property and compensation for property deprivation.

Raboy v Commissioner of Registration [2011] 6 HKC 532. Immigration challenge involving issues as to the meaning and scope of “ordinary residence”.

Ng Man Yin v Registration of Persons Tribunal [2014] 1 HKLRD 1188. Application of Article 10 of the Hong Kong Bill of Rights to ROPT proceedings.

Re Thomas Lai [2014] 6 HKC 1. Principles on extension of time in judicial review; challenge to designation of land as country park. Led by Stewart Wong SC.

Popular Signs Ltd v Radiation Board HCAL 53/2008, 12.1.10. Judicial review proceedings involving complex issues and evidence as to radiation safety.

Wong Fuk Tim v HKSAR Government and Ors HCA 1008/2011, 12.10.11. Challenge to major MTR extension works. Acting for the Secretary for Transport and Housing and the Secretary for Financial Services and Treasury.

Advised the Government on legal issues arising out of the report of the Commission of Inquiry into the Collision of Vessels near Lamma Island on 1 October 2012.

Appeared in public inquiry regarding an application by Jetstar Hong Kong Airways Limited for a licence to operate scheduled air services under the Air Transport (Licensing of Air Services) Regulations.

Appeared in 5 month public inquiry on behalf of the Government before the Commission of Inquiry into Excess Lead Found in Drinking Water.

Publications and articles

Securities & Futures Ordinance: Commentary & Annotations (Sweet & Maxwell 2016) - contributor

Abraham was formerly an Associate Editor of the Oxford University Commonwealth Law Journal.